1. Scope of this Agreement
The Scope of this Agreement ("Zip-Jobs Banner Ad Agreement," " Zip-Jobs BAA," "Agreement") is to establish the Terms of said Agreement between Richard Kinsey d/b/a Zip-Jobs and "Client" as outlined below. Hereinafter referred to as the "Client" and the "Parties."
The "Client" agrees to pay the sum of $120 USD, billed in one (1) installment via PayPal invoice payable to Richard Kinsey d/b/a Zip-Jobs in exchange for Richard Kinsey d/b/a Zip-Jobs posting and/or publishing the “Client” submitted “Banner Ad” for a period of twelve (12) months from the Timestamp created by the submission of this form.
The "Client" agrees to provide all necessary text and images and other content for the "Banner Ad" via email delivered to an address provided to the "Client" by Richard Kinsey d/b/a Zip-Jobs.
The “Client” agrees that the “Banner Ad” is to be developed, created and/or built by the “Client” and that Richard Kinsey d/b/a Zip-Jobs offers no “Banner Ad” development, creation and/or build services under the terms of this Agreement.
The “Client” agrees that the “Banner Ad” must have a minimum of 580 pixels in width by 160 pixels in height, or larger. The “Client” agrees and understands the said “Banner Ad” may be cropped as required to properly fit the web page on which the “Banner Ad” is posted and/or published.
The "Client" may renew said "Banner Ad" at any time for an additional twelve (12) month period. "Client" understands and agrees that no funds shall be returned to the "Client" if the "Client" decides to cancel their Banner Ad prior to the termination of the twelve (12) month period once the "Banner Ad" has been completed to the "Clients" satisfaction and has been published.
2. Intellectual Property and Copyright
Any content (text and/or images) submitted to Richard Kinsey d/b/a Zip-Jobs by the "Client,” shall remain the sole property of the "Client".
3. Liability and Insurance
Richard Kinsey d/b/a Zip-Jobs will not be held responsible for any losses incurred due to the malfunction of the website or any other services provided under this Agreement. This includes, but is not limited to, loss of data, loss of revenue, or any third-party claims.
It's recommended that "Client" maintains an appropriate insurance policy for any losses or damages that might arise from website malfunctions, cyber-attacks, or other related issues.
"Client" agrees to indemnify and hold harmless Richard Kinsey d/b/a Zip-Jobs against any and all claims, costs, and expenses, including legal fees, arising out of the content, operation, or maintenance of the website.
Richard Kinsey d/b/a Zip-Jobs agrees to indemnify and hold harmless "Client" against any and all claims, costs, and expenses, including legal fees, arising out of the services provided by Richard Kinsey d/b/a Zip-Jobs that are not explicitly covered under this Agreement.
4. Force Majeure
Neither party shall be held liable for a delay or failure in performance of the Agreement for services caused by circumstances beyond their reasonable control, including but not limited to Acts of God, natural disasters, wars, civil disturbances, labor disputes, government actions, interruptions of power or telecommunications services, or the inability to obtain necessary supplies. In the event of a delay due to any of the above causes, the parties will establish an adjusted timeline and communicate any new deadlines.
5. Governing Law and Jurisdiction
This Agreement shall be governed by the laws of the State of Alabama, United States. Both parties consent to the exclusive jurisdiction and venue of the courts in the State of Alabama, United States for all disputes arising out of or relating to the execution, interpretation, performance, or breach of this agreement. Both parties agree that any controversies or claims shall be resolved in a court of competent jurisdiction within the aforementioned region, and both parties hereby consent to the jurisdiction of such courts.
6. Confidentiality
Both "Client" and Richard Kinsey d/b/a Zip-Jobs recognize and acknowledge that, in the course of fulfilling this Agreement, each may obtain confidential information about the other. Such information includes, but is not limited to, business operations, strategies, client lists, financial data, and other proprietary knowledge.
Both parties agree to treat all such information, both oral and written, as strictly confidential during the tenure of this Agreement. Neither party shall, without the written consent of the other, disclose, share, or make use of any of the aforementioned confidential information, except for the purposes of fulfilling the obligations of this Agreement.
Any documents, notes, digital files, or other items that encompass or reveal any of this confidential information, which are in the possession of either party in relation to the Agreement's execution, must be returned or destroyed upon the Agreement's conclusion or termination.
7. Alabama Uniform Electronic Transactions Act (UETA)
The Alabama Uniform Electronic Transactions Act (UETA) facilitates the use of electronic documents in business, commercial, and governmental transactions. A record or signature cannot be denied legal effect or enforceability solely because it's in electronic form.
8. Acknowledgment and Signatures
This Agreement becomes effective and legally binding once signed (ELECTRONICALLY) by both parties. By signing below, both parties affirm that they have read, understood, and agreed to all terms and conditions outlined in this Zip-Jobs Directory Listing Agreement.
9. Electronic Signature of Richard Kinsey d/b/a Zip-Jobs
Please type your Signature here >> RICHARD KINSEY