Payment: Quick Square shall charge the fee upon approval and shall continue billing Company the monthly fee until cancelled..
WARRANTIES; DISCLAIMERS; LIMITATIONS OF IN NO EVENT WILL QUICK SQUARE BE LIABLE FOR LOST PROFITS OR CONSEQUENTIAL DAMAGES, EVEN IF QUICK SQUARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM AGAINST THE COMPANY BY ANY THIRD PARTY. In the event of any default by Quick Square hereunder, Company’s sole remedy shall be a fee adjustment as deemed appropriate by Quick Square. In no event will Quick Square liability exceed the fees paid for the month in which any default occurred.
TERMS OF AGREEMENT. Quick Square is providing services to Company on a monthly basis from a date beginning at Company Signup. In certain cases, Quick Square may support and advise on Company’s Website, social media and business profiles. In cases where this website is hosted by Quick Square, Company shall have direct access to modify the website at all times and is the owner of the website, its content, its domain, and all information, rights, and property that comprise the website and shall have the right to host the website independent of Quick Square.
RELATIONSHIP OF PARTIES. It is understood by the parties that Quick Square is an independent contractor with respect to Company, and not an employee of Company.
INDEMNIFICATION: Company agrees that it shall defend, indemnify, save and hold Quick Square harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, (“Liabilities”) asserted by third parties against Quick Square, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Company, its agents, employee or assigns. Company agrees to defend, indemnify and hold harmless Quick Square against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed by Company in connection with Quick Square services, any material supplied by Company infringing on the proprietary rights of a third party, copyright infringement, and any defective product which Company has sold or published.
SUCCESS OR FAILURE OF COMPANY’S BUSINESS. Company specifically agrees and acknowledges that the success or failure of the business venture to be undertaken by Company under this Agreement depends upon the ability of Company as an independent business-person, on its business acumen, and on its diligence. Success or failure will also depend on other factors, such as market and economic conditions, beyond the control of Quick Square and Company. Company agrees that success or failure of Company’s business will not depend on or be affected by Quick Square’s performance under this Agreement. QUICK SQUARE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SUCCESS OF COMPANY’S BUSINESS, INCLUDING, WITHOUT LIMITATION, NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INTENDED USE, OR NONINFRINGEMENT.
COPYRIGHTS AND TRADEMARKS: Company provides Quick Square and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Quick Square for inclusion in their marketing are owned by the Company, or that the Company has permission and or met requirements for website use from the rightful owner to use each of these elements and the elements are not, in whole or in part, pornographic or obscene. Company agrees it will hold harmless, protect, and defend Quick Square from any claim or suit arising by third parties from the use of such elements furnished by the Company.
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written. Company shall not use any trademark, service mark or trade name of Quick Square, nor shall Company hold itself out as having any business affiliation with Quick Square without obtaining specific prior written consent.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Ohio.
SUCCESS OR FAILURE OF COMPANY’S GOOGLE BUSINESS PROFILE. Company specifically agrees and acknowledges that the success suspension of their Google Business Profile depends on the actions of the business and the guidelines by Google. Quick Square will provide best practices and suggestions to comply with Googles guidelines but that is no assurance that the Google Business profile will or will not be suspended. QUICK SQUARE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE STATUS OF COMPANY’S GOOGLE BUSINESS PROFILE, INCLUDING, WITHOUT LIMITATION, NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INTENDED USE, OR NONINFRINGEMENT.
Nobody can guarantee that a, Google Business Profile will be approved or will not become suspended. This is solely up to Google to determine and Google offers an appeal process that is very limited. We suggest a 3-6 month process of best practices for adding a new Google Business Profile. If you don’t follow these steps and your profile is blocked, suspended or restricted it may be impossible to appeal.
Best practices include use of your business name, address and phone number consistently on your website, social media and dozens of other online listing citations. Establish permanent signage at your business location, have a unique phone number, phone bill and legal documents that verify your business address. Initiate and perform all verification steps from the office site and make sure that you have the ability to meet in person with your customers at the business location.
