Saatchi - Service Agreement
THIS AI MARKETING SERVICES AGREEMENT (the "Agreement") is made effective as of the date of purchase ("Effective Date") by and between Datahouse Marketing, Inc, DBA Traffic Smiles, with its principal office and place of business at 9872 Morning Vista Dr, Peyton CO 80831 (the "Agency"), and purchaser of selected services, herein after referred to as "Client". From time to time Agency and Client shall be collectively referred to as "Parties" and individually as "Party."
Traffic Smiles shall provide the client with the Saatchi AI Marketing Services System ("System") that includes the following services and features:
1. Content Generation: The client will be provided with a mobile app via which client may take pictures, record descriptions, and add written notes of work the client is doing ("Mobile App"). The system will generate quality SEO optimized content autonomously from the input provided by the client. This content may include case studies, social posts, Google My Business (GMB) post, and others ("System Content").
2. Content Distribution: The system will publish the system content on the client’s website (if client has a blog) ,Google My Business (GMB), and social media channels. The client can manage and edit content using the system management dashboard ("Dashboard").
3. Human-Like Chat Communication Bot: The bot's goal will be to book appointments for the client. The bot will communicate with every site visitor providing information, answering questions, and booking meetings.
4. Customer Review Generation System: Via the mobile app and a link which can be sent via email and SMS, the client and its workers can prompt end customers to provide a a review. The system will generate a suggested review to the customer to make the review process easier. The client has control on where to send reviews.
5. Video Testimonials and Referrals: The system will prompt the reviewer to submit a written or video testimonial to share on social media. Video testimonials and related case studies will increase referral conversions for the users.
Client Contributions:
The AI program known as “Saatchi”, has the ability to learn much about a Client’s business from the Client’s website. However, in order to expand on Saatchi’s knowledge, Client agrees to provide as much public information about its business as possible, including:
1. Case studies, along with any supporting photos, such as work completed, before and after photos and any documents that would be helpful for Saatchi to present the best and latest information to visiting prospects.
2. Customer Reviews from Google and/or any social media platforms that Client uses.
3. Client’s website credentials as well as access credentials to social media platforms, so that Saatchi can perform it’s scheduled posting on Client’s blog or social media sites, upon approval. If Client prefers, Client may elect to integrate their Google Business Profile (GBP) and any social platforms on their own.
Pricing & Terms
1. Client will select the pricing plan of choice for the first month. Based on number of Saatchi conversations that Client uses in the course of the month, as indicated by the Client's "Engagement". If Client exceeds the Plan's limit on Saatchi's conversation or content creation limits within a one month-period, Client will be required to upgrade their plan. This agreement will be in force as of the effective date and will remain in force until it is terminated by one of the parties.
2. Each party may terminate this agreement with 30 days' written notice.
3. Termination of this agreement will result in the client discontinuing payment for the system and agency discontinuing service to the client.
4. The Agency reserves the right to discontinue services to the client if payment is not received within 3 business days of the due date.
5. This agreement includes a 30-day guarantee clause that begins on the date of purchase and will conclude 30 days from that date. If Client chooses to receive a refund within the first 30 days, Client must notify Agency on or before the 30-day anniversary purchase date.
Other Provisions
Limitation of Liability: NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR TO ANY THIRD PARTY FOR ANY LOSSES OR EXPENSES OR ANY SPECIAL CONSEQUENTIAL INCIDENTAL INDIRECT OR PUNITIVE DAMAGES WHETHER OR NOT FORESEEABLE FOR ANY REASON INCLUDING THOSE RESULTING FROM:
(i) THE DELIVERY, OPERATION, USE OR INABILITY TO USE THE SYSTEM; (ii) ANY ACT OR OMISSION OF THE OTHER PARTY, AN AFFILIATE OR ANY VENDOR OF AGENCY OR AN AFFILIATE, OR THEIR AGENTS, OR ANY OTHER ENTITY FURNISHING EQUIPMENT, PRODUCTS, OR SERVICES TO AGENCY; (iii) DELAY OF DELIVERY OR IMPLEMENTATION OF SYSTEM; AND (IV) ANY ERROR IN CONTENT CREATION BY THE SYSTEM, ERROR IN COMMUNICATION BY THE SYSTEM WHETHER THE ERROR EFFECTED THE CLIENT OR THE CLIENT’S CUSTOMERS OR THE CLIENT’S WEBSITE VISITORS ;AND (v) THE LOSS OF STORED, TRANSMITTED, OR RECORDED DATA, OR LOSS OF GOODWILL OR PROFITS, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY WILL BE LIABILE TO THE OTHER FOR CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT IN AN AMOUNT THAT EXCEEDS THE AMOUNT OF ANY CHARGES PAID BY CLIENT DURING THE TWELVE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
1. Relationship of Parties: The parties agree that in carrying out this agreement each party is acting as an independent contractor. No party to this agreement assumes liability or responsibility for any other party’s obligations in respect to any other person. Nothing in this agreement shall be construed to make any party a partner, joint venture or employee of any other party.
2. Entire Agreement: This agreement and any documents expressly referred to in this agreement constitute the entire agreement between the parties and supersede all prior understandings and agreements, whether written or oral, that may relate to the subject matter of this agreement. Any term of this agreement may be amended, modified, or waived only with the written consent of the parties or their respective permitted successors and assigns. Any amendment or waiver affected in accordance with this section shall be binding upon the parties and their respective successors and assigns.
3. Governing Law: The parties agree that this agreement shall be interpreted, construed, and enforced in accordance and consistent with the laws of the state of Colorado.
4. Arbitration Agreement: Any dispute, controversy, or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Colorado Springs, Colorado.
5. Severability: If any provision of this agreement is held invalid, illegal, or unenforceable, such invalidity shall not affect the enforceability of any other provisions contained in this agreement, and the remaining portions of this agreement shall be valid and enforceable to the fullest extent permitted by applicable law.
6. Force Majeure: No party to this agreement shall be liable for any failure or delay in the performance of its obligations under this agreement for any cause beyond its reasonable control including, without limitation, acts of God, fire or other disaster or telecommunications, power or internet failure. The occurrence of any such event shall toll the time period provide performance agreement for performance by the affected party.
7. Notices: All notices under this agreement required to be given hereunder shall be given in writing and shall be delivered by email to the email address detailed below in this section.