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- No Guarantee of a Particular Result: Any understood representation to the contrary notwithstanding, the Agency does, in no way, guarantee specific results for the Client. The Client understands and agrees that they are making payment(s) to the Agency, for services rendered with the intention of generating results, without any guarantee pertaining to outcomes. Client also understands and agrees that the Agency does not exercise control over Google, and/or various other advertising platforms, and their decision to make changes to their respective platforms.
- Non-Disparagement: Both Parties agree not to discredit, defame or slander, either directly or indirectly, the other, or their principles, owners, employees, directors, officers and agents, either during the Term of service, or after the termination of this Agreement. Furthermore, this term shall apply indefinitely, to all social media forums and online platforms. Nothing herein shall prevent either Party from providing any truthful statement(s) with regards to any legal proceedings, or within investigation by any (government) authority.
- Limitation of Liability: The Agency affirms that the services, as described within the formal proposal, will be provided in compliance with the terms of this Agreement; however, the Agency does not give any other warranties, whether expressed, or directly or indirectly implied, with regards to the performance of the various services it provides. THIS IS EXCEPT AS EXPRESSLY DESCRIBED IN THIS PARAGRAPH: (a) THE AGENCY SHALL RETAIN NO LIABILITY FOR ANY OF THE SERVICES RENDERED, INCLUDING ANY AND ALL LIABILITIES PERTAINING TO NEGLIGENCE; (b) THE AGENCY MAKES, AND THE CLIENT RECEIVES OR COMPREHENDS NO WARRANTIES, BE THEY EXPRESS, IMPLIED, STATUATORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT, OR ANY OTHER INSTANCE OF COMMUNICATION; AND (c) THE AGENCY PARTICULARY DISAWOWS ANY WARRANTY OF FITNESS OR MERCHANTABILITY FOR ANY SPECIFIC PURPOSE WHATSOEVER. Subject to the ongoing and notwithstanding anything to the contrary contained elsewhere, in no event shall the maximum aggregate liability undertaken by the Agency in accordance with this Agreement, surpass in amount the monthly fee, as paid by the Client, in the three (3) months preceding the claim. UNDER NO CIRCUMSTANCES SHALL THE AGENCY BE RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL AND/OR EXEMPLARY DAMAGES OF ANY NATURE, WITH REGARDS TO THIS AGREEMENT, AND ANY SERVICES PROVIDER FOR UNDER THE TERMS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES TO OR LOSS OF BUSINESS PROFITS, INTERRUPTION IN BUSINESS, STORAGE OF BUSINESS INFORMATION AND/OR DATA, GOODWILL, COMPUTER SYSTEM FAILURE OR MALFUNCTION, OR ANY AND ALL VARIOUS OTHER COMMERCIAL LOSSESS OR DAMAGES, WHICH ARISE OUT OF THE USAGE OR INABILITY THEREOF, OF THE SERVICES, EVEN IN THE EVENT THAT THE AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES.
- Force Majeure: Neither Party shall be at fault, or otherwise liable for any failure of or delay in its performance, under the terms of this Agreement, should such failure or delay arise due to reasons beyond its reasonable control, including but not limited to an act of God, any and all acts of a common enemy, natural elements, fires, floods, riots, epidemics, delays or failures in communication or transportation or utilities, or any act or failure thereof by the other party, or the officers, employees, agents or contractors of such other party; given, however, that lack of or insufficient funds shall not be declared to be a reason beyond a party’s realm of reasonable control.
- Default: In the event of the Client’s failure to pay any charges or fees under this agreement, the Agency reserves the right to pause or continue this Agreement, among various other viable remedies, until the default has been cured by the Client.
- Governing Law: This Agreement shall be governed by the laws of the State of Texas, without regard to any choice-of-law provisions.
- Attorney’s Fees: In any arbitration, litigation or dispute emerging under or pertaining to this Agreement, each of the parties shall retain entitlement to recover any and all reasonable litigation costs and attorney’s fees.
- Entire Agreement: The terms of this Agreement constitute the entire agreement between the parties with regards to the subject matter discussed herein, and supersedes any and all prior agreements, communications and/or understandings, verbal or in writing, between the parties. Any and all amendments to this Agreement must be in writing, and signed by and therefore agreed upon by both Parties.
- Severability: The term of and provisions within this agreement are severable, and should any provision of this Agreement be deemed, as determined, to be invalid or null and void under any controlling law or regulation, such invalidity or inability to enforce shall not in any way, impact the validity or applicability of the various remaining provisions within this Agreement.
- Assignment and Successors; Binding Effect: The obligations and rights of both Parties under this Agreement may never be assigned, pledged, transferred or otherwise restricted without the prior written consent from the other Party, in sole discretion of the same. Subject to the aforementioned, this Agreement shall be binding upon and accustom to the benefit of both parties in this regard and their respective legal and personal representatives, successors, heirs and permitted assigns.
The Client hereby agrees to be bound by the terms of this Agreement as set forth above, as of the Effective Date of when the commencement meeting between the Client and the Agency occurs.
Please feel free to contact us, should you have any questions or queries.