Gosu Sites LLC Subscription Agreement
Welcome to gosusites.com! Gosu Sites LLC starts every new subscriber relationship with a contract. The following contract spells out what you can expect from us, and what we expect from you. By completing your purchase, you are consenting and agreeing to everything in this document.
Gosu Sites LLC will be referred to as “Gosu Sites”. You and your organization will be referred to as “Client”.
Client and Gosu Sites agree that Client making a payment on gosusites.com is the legal equivalent of Client’s signature on a written contract, and equally binding. Only by accepting these terms will Client be able to access and use the services and systems available from Gosu Sites.
By subscribing to services for an organization, Client confirms that they are an authorized representative for that organization.
Last Updated: 9/4/2020
The services rendered depend on the level of service Client selects. All subscriptions are billed on a per month, per location basis. If Client has multiple physical locations, a separate subscription is required for each location.
Client may change or discontinue their subscription plan at the start of the next monthly billing cycle. Gosu Sites reserves the right to modify, suspend, or terminate service at any time for any reason without notice or refund. Gosu sites also reserves the right to delete all program and data files associated with Client’s account and/or other information Client has on Gosu Sites’ systems.
Services are bundled for Client’s convenience. However, bundled or additional services may be offered à la carte at the sole discretion of Gosu Sites.
- Directory Listings Subscription
Gosu Sites will add Client’s information to specific directory sites, remove duplicate listings from these sites, and update this information upon Client’s request. Client will receive monthly reports showing the results of this service.
- Review Management Subscription
Gosu Sites will monitor online reviews on specific online review sites, independently respond to up to 25 reviews per month, and route negative reviews to Client for discussion prior to responding. Includes Directory Listings service.
- Website Package Subscription
Gosu Sites will register a .com domain name address and create a professional website from a selection of predefined templates for Client. Design decisions will be made at the sole discretion of Gosu Sites, but with consideration for Client’s feedback.
Website Package includes up to one (1) hour of text and image updates per month. Overages may be billed or covered by future subscription allocations at the discretion of Gosu Sites. Email service for up to five (5) addresses will be provided upon request. Gosu Sites will create email addresses and provide instructions for email configuration. Gosu Sites is not responsible for training, device configuration, or any other email-related task that is not specified in this agreement. Includes Directory Listings and Review Management services.
- Other services
Gosu Sites may offer other additional services to Client as defined by gosusites.com or via written communication with Client. Other additional services are also bound by the terms of this agreement.
3. Authorized Points of Contact
Client will set one (1) Point of Contact (POC) for their organization. Gosu Sites will only discuss Client’s services, website, subscriptions, and any other matter specific to Client with the POC for the organization. Client can make requests for a change of POC to another individual via email to firstname.lastname@example.org.
4. Fees and Payment
Client will pay a standard monthly fee depending on the packages Gosu Sites has available. Additional fees will be charged in accordance with any written agreement between Client and Gosu Sites. Client can cancel the account at any time, but will remain liable for all charges accrued up to that time, including full monthly charges for the month for which a service is discontinued. Gosu Sites reserves the right to change fees with advanced written notice of fourteen (14) calendar days.
Client agrees to be bound by certain rules that are important for the proper use of Gosu Sites’ service and systems. Client’s failure to follow these rules, whether listed below in the contract or in email bulletins, may result in termination of service.
- Do not use the service to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.
- Do not use the service to send unwanted messages via email or SMS.
- Do not intentionally overload Gosu Sites’ systems.
6. Warranties and Representations
Client acknowledges and agree that Gosu Sites has no control of changing external economic and social factors that can affect Client’s business, and that any of the services and products that Gosu Sites provides cannot and will not guarantee that sales, revenue, income, or business activity will increase. Client further acknowledges and agrees that Gosu Sites has made no representations or guarantees that any services provided by Gosu Sites will improve ranking or placement on any website or search engine.
7. Start and Completion of Services
Client acknowledges that Gosu Sites start and completion of the services are dependent upon Client providing materials including but not limited to text, images, videos, and any special input and instructions regarding said content, (collectively, “Content”), including timely approvals from Client. Client agrees to provide Gosu Sites with all Content needed to complete the services within ten (10) days of any request from Gosu Sites. Any delay by Client will affect the completion of the services. In the event that Client does not timely provide Gosu Sites with the requested Content, Client agrees that Gosu Sites may use filler content of Gosu Sites’ choosing to complete the services. In the event of any such delay by Client, Client agrees to be responsible for Gosu Sites’ fees and any additional costs incurred for any additional work required to be done by Gosu Sites. All additional work necessitated by Client’s delay will be billed at the rate of $50 per hour. Client acknowledges that Gosu Sites is not responsible and agrees to hold Gosu Sites harmless for any delays or damages resulting from Client’s failure to make such submissions in a timely manner.
8. Meetings and Approvals
Client agrees to attend virtual meetings and conference calls with Gosu Sites as required by Gosu Sites. Milestone approvals and sign-offs must be responded to within dates specified by Gosu Sites. A non-response by Client to a requested approval or sign-off shall constitute that milestone or sign-off is approved by Client.
9. Changes/Additions to Agreed Upon Services
In the event that Client wishes to make changes to any work by Gosu Sites that has already been approved and accepted by Client including, but not limited to, design, graphics, text, layout of a site, content or campaign strategy, or, if in the opinion of Gosu Sites, any item of work requested by Client that is not within the scope of this agreement, Client agrees to pay Gosu Sites at the hourly rate of $50 per hour in addition to any associated costs incurred by Gosu Sites.
10. Electronic Commerce
Client understands and acknowledges that from time to time, that State, Federal, and local laws and regulations may change, to include taxes, assessments, tariffs and levies which pertain to Internet electronic commerce. Client agrees to be solely responsible for compliance with any and all laws and regulations and is responsible for all taxes, assessments, tariffs, and levies.
11. Assignment of Project
Gosu Sites reserves the right to assign subcontractors to a service. Work produced by subcontractors will be protected under signed confidentiality agreements and shall remain the property of Gosu Sites.
12. Privacy Considerations
Client’s communications on Gosu Sites’ systems are, in most cases, viewed only by Client and anyone to whom messages are addressed. However, as system operators, Gosu Sites may need to review or monitor Client’s electronic mail and other communications to resolve technical incidents. Client agrees to allow Gosu Sites and their suppliers to access data on Gosu Sites’ systems for this purpose.
13. Proprietary Rights
Should Gosu Sites, upon Client’s written request, verbal instruction or delivery of materials, utilize Client’s materials which may include, but are not limited to, photographs, text, software, code, copyrighted material and/or materials that may be owned by third parties, Client acknowledges and agrees that neither Gosu Sites nor its employees, agents, suppliers, or anyone acting on its behalf have made any representation to Client regarding their entitlement to use Client’s materials. Client acknowledges and agrees that they have relied on their own investigation to establish whether they are entitled to use Client’s materials.
Client’s use of Gosu Sites’ services affords Client access to many features, but some aspects of Gosu Sites’ system remain within Gosu Sites’ exclusive proprietary control. Gosu Sites or Gosu Sites’ suppliers own the intellectual property rights to any and all components of Gosu Sites’ systems, including but not limited to the computer software, the related documentation, the end-user interfaces, the names of Gosu Sites’ systems, many of the individual features, and the collective works consisting of sequences of all public messages on Gosu Sites’ system. Client grants Gosu Sites and its suppliers worldwide, nonexclusive, perpetual, irrevocable, royalty-free, unlimited, sublicensable
(through multiple tiers of sublicensees) license to use, reproduce, prepare derivative works of, display and distribute Client’s Content.
Client may not reproduce any sequence of messages from Gosu Sites’ systems, either electronically or in print, without the express written consent of Gosu Sites. In addition; Client may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system that Gosu Sites or its suppliers own.
14. Conditions Affecting Performance
Certain conditions beyond the control of Gosu Sites may affect the ability to perform obligations provided for under this Agreement. These conditions may include, but are not limited to, labor shortages, Internet outages, change in supported technologies, Acts of God or circumstances or causes beyond Gosu Sites’ control. Gosu Sites shall not be liable for and Client agrees to hold Gosu Sites harmless for any delays, cancellations, or terminations that result in damages of any kind to Client as the result of any such conditions or circumstances.
15. No Hire of Employees/Contractors/Subcontractors
Client agrees to not solicit in an attempt to hire, hire or contract directly with any employee employed by Gosu Sites nor any contractor or subcontractor who provides service for Gosu Sites for the same or similar services provided by Gosu Sites.
16. Limitation of Liability
Client must bear the risk of any liability relating to use of Gosu Sites’ services or systems. ACCORDINGLY, CLIENT’S USE OF THE SYSTEM IS ENTIRELY AT CLIENT’S SOLE RISK. GOSU SITES WILL NOT BE RESPONSIBLE TO CLIENT OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES CLIENT MAY INCUR IN CONNECTION WITH GOSU SITES’ SYSTEMS OR SERVICES, CLIENT’S USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON GOSU SITES’ SYSTEMS OR SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF GOSU SITES HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
Client shall defend and indemnify Gosu Sites and hold Gosu Sites harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), relating to any acts by Client or materials or information transmitted by Client in connection with Gosu Sites’ systems, leading wholly or partially to claims against Gosu Sites, Gosu Sites’ systems, or Gosu Sites’ providers by third parties, regardless of the type of claim or the nature of the cause of action.
18. Disclaimers of Warranty
GOSU SITES’ SYSTEMS AND SERVICES ARE PROVIDED “AS IS” AND GOSU SITES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN.
19. Choice of Law
Client agrees that this Agreement shall for all purposes be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, USA, and that any action arising out of this Agreement shall be litigated and enforced under the laws of the Commonwealth of Pennsylvania, USA. In addition, Client agrees to submit to the jurisdiction of the courts of Allegheny County in the Commonwealth of Pennsylvania, USA, and that any legal action pursued by Client shall be within the exclusive jurisdiction of the courts of Allegheny County in the Commonwealth of Pennsylvania, USA.
This Agreement represents the entire understanding between Client and Gosu Sites regarding a relationship to Gosu Sites and supersedes any prior statements or representations. CLIENT MAY ONLY SUBSCRIBE TO GOSU SITES’ SERVICES IF THEY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.