Non-Disclosure

Mad Capper Studios, Inc. will use proprietary methods in their business model, marketing efforts, etc. Client agrees not to share or relay to any public, private, or non-Mad Capper Studios, Inc. approved sources any details of Mad Capper Studios, Inc., Mad Capper Studios, Inc.’s practices, business model, employees, or personal data. Client, including all employees at Client’s office, may not share any forms, contracts, documents, contacts, or anything else provided by Mad Capper Studios, Inc. to Client, unless authorized in writing by Mad Capper Studios, Inc.

SMS Terms & Conditions

1. SMS Use Case: By opting in, you agree to receive transactional and marketing text messages from Mad Capper Studios, Inc. regarding property management services, appointment reminders, and account updates.
2. Opt-out Instructions: You can cancel the SMS service at any time. Just text “STOP” to the number you received the message from. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed.
3. Help Instructions: If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance.
4. Message & Data Rates: As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
5. Carrier Liability: Carriers are not liable for delayed or undelivered messages.
6. Age Restriction: By opting in, you acknowledge that you are at least 18 years of age.

Copyrights & Trademarks

The Client represents to Mad Capper Studios, Inc. & unconditionally guarantees that any elements of text, graphics, photos, designs, video, trademarks, or other artwork furnished to Mad Capper Studios, Inc. for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, & will hold harmless, protect, & defend Mad Capper Studios, Inc. & its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

Indemnification

Client agrees that it shall defend, indemnify, save & hold Mad Capper Studios, Inc. harmless from any & all demands, liabilities, losses, costs & claims, including attorney’s fees associated with Mad Capper Studios, Inc.’s development of any services. This includes liabilities asserted against Mad Capper Studios, Inc. its subcontractors, its agents, its clients, servants, officers & employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. Client also agrees to defend, indemnify & hold harmless Mad Capper Studios, Inc. against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, & delivering any defective product or misinformation which is detrimental to another person, organization, or business.

Rights Upon Termination of Agreement

Mad Capper Studios, Inc. shall transfer, assign & make available to Client all property & materials in Mad Capper Studios, Inc.’s possession or subject to Mad Capper Studios, Inc.’s control that are the property of Client, subject to payment in full of amounts due pursuant to this agreement.

Litigation

Any disputes arising from this contract will be litigated or arbitrated within the state of California. This agreement shall be governed and construed in accordance with the laws of which this contract was signed and entered into.

Payment of Services

In the event client chooses to engage with Mad Capper Studios, Inc., Client agrees to contract with Mad Capper Studios, Inc. a monthly basis with month to month thereafter (unless otherwise noted above). Client must then notify Mad Capper Studios, Inc. 45 days prior via email or certified mail with any intent to cancel services. Client is responsible for payment regardless of payment type accepted and agrees to provide a check if processing a credit card is unavailable.

Termination of Services

Upon termination of services between Mad Capper Studios, Inc. & Client, Mad Capper Studios, Inc. agrees to provide details for client specific data at Mad Capper Studios, Inc.’s discretion. Mad Capper Studios, Inc. will have final say as to which data is provided to Client. Such discretion shall be reasonably exercised. Client agrees to NOT withhold payment as leverage to acquire any data from Mad Capper Studios, Inc. or try and “solve” or “remedy” any situation that may occur. Mad Capper Studios, Inc. reserves the right to terminate this agreement at it’s sole discretion if Client violates, or attempts to willfully violate, any part of this agreement.

Guarantees

Mad Capper Studios, Inc. makes no guarantees nor cannot make any guarantees in regards to ad placement or return on investment for any services they provide. Furthermore, unless in writing, no guarantees are made on completion dates of web development work including websites.

Promise to Pay

You promise to pay to us the website and marketing costs in U.S. Dollars, pursuant to the payment schedule shown above. You also promise to pay all other amounts that may become due under the terms of this contract.

Collection Costs

To the extent permitted by applicable law, Client agrees to pay attorneys’ fees (if we refer this agreement for collection to an attorney who is not one of our salaried employees or the salaried employee of anyone to whom we transfer this contract), collection costs, and actual court costs.

No Oral Modification

Oral agreements or commitments to modify any of this agreement are not enforceable. To protect you (Client) and us (Mad Capper Studios, Inc.) from misunderstandings or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify.

Internet Marketing Services Terms & Conditions

If Client engages in Internet/Reputation Marketing Services with Mad Capper Studios, Inc., Client agrees to the following:

1. Unless otherwise mentioned above, all marketing minimum terms are for a minimum of 12 months.
2. Client will not hold Mad Capper Studios, Inc. responsible for any changes, decisions, or effects by any search engines’ decisions in rankings, inclusion, and/or algorithms that may affect the placement of any web property caused or not by search engine optimization services.
3. Pay Per Click may include placement on Google, & on other search engines. The length of time the ad will be placed & frequency of placement is not guaranteed & cannot necessarily be controlled by Mad Capper Studios, Inc.
4. The Client understands & agrees that while Mad Capper Studios, Inc. will do their best to run a highly effective Pay Per Click campaign, they cannot control all aspect of ranking or placement on any Search Engine Results Page (SERP).
5. Client agrees to allow Mad Capper Studios, Inc. to use best judgment in how & where to spend any Pay Per Click budget.
6. Client understands that Mad Capper Studios, Inc. makes NO guarantees to any web property or ad placement nor any return on investment by any marketing efforts.
7. Client understands that the Pay Per Click campaign, SEO campaign, and/or Internet Marketing campaign start date may be delayed, at Mad Capper Studios, Inc.’s discretion, due to necessary development work and agrees to make the total number of payments as outlined above in the minimum agreement term.
8. Client understands that Mad Capper Studios, Inc. cannot force the end client/patient to write/leave reviews online. As such, Mad Capper Studios, Inc. makes no guarantees as to the number of reviews or the placement of them. Additionally, Mad Capper Studios, Inc. cannot guarantee the length of time they reside on each site or the placement of them. The Client agrees to support Mad Capper Studios, Inc. in engaging the Client’s staff/employees as this is a joint initiative. The Client agrees to follow the reasonable direction of Mad Capper Studios, Inc. in regards to engaging the end client/patient.
9. In the event that Mad Capper Studios, Inc. deems it necessary to change their scope of work to comply with the search engine’s ToS, or any 3rd party site’s ToS, Client agrees to retain Mad Capper Studios, Inc. through the remainder of the agreement. Mad Capper Studios, Inc. will always make reasonable changes in what they determine as a best practice and best outcome for the client.