Gosu Sites LLC Subscription Agreement

1. Introduction

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 to Gosu Sites 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 or receive 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: 4/21/2021

2. Services

The services rendered are determined based on the subscription plan that Client selects. All subscriptions are billed on a per month basis. If Client has multiple physical locations or business entities, support for up to that number of locations will be specified on the order form. A separate subscription is required if additional locations or business entities are required.

Client may change or discontinue their subscription plan at any time prior to 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.

Client agrees that Gosu Sites will not provide any administrative access to any service or system whatsoever for any reason unless expressly agreed to in writing by and at the sole discretion of Gosu Sites.

Additional services may be offered à la carte at the sole discretion of Gosu Sites. Available subscription plans can be added, removed, or altered by Gosu Sites at any time.

2.1 Gosu Reviews
While Client subscribes to Gosu Reviews, Gosu Sites will:

register an internet domain name address on behalf of Client. If Client already has a domain name, Client must provide credentials for Gosu Sites to independently and remotely access, administer, transfer, and configure the domain name and other systems as deemed appropriate by Gosu Sites.
add Client’s business information to third party websites, remove duplicate listings from these sites, and update this information upon Client’s request.
attempt to solicit reviews from customers for Client’s business.
post offers and social status updates on behalf of Client from time to time.
monitor online reviews on specific online review sites, independently respond to up to 10 reviews per monthly billing cycle, and route negative reviews to Client for discussion prior to responding.
create a professional logo for Client. Client may opt out of logo creation if Client already has a logo.
create a professional informational website for Client within the first 2 months of service with the page count specified on the order. Additional functionality that can be described as web development or programming is not included. Initial page count is specified on order form.
provision premium webhosting and required software licenses with the subscription. These are necessary for proper operation of the website during the subscription and will become Client’s responsibility upon cancellation.

2.2 Gosu SEO

While Client subscribes to Gosu SEO, Gosu Sites will:

provide the services listed under Gosu Reviews.
create, schedule, and publish sales pages, blogs, or other Content to the website at a maximum rate of 1,500 words for each paid month of service. The typical webpage or blog post is 500 to 1000 words.
perform up to one (1) hour of work per month on updating existing webpage text and images as provided by Client.
make regular efforts to improve search engine rankings using both on and off-page optimization techniques as well as professional outreach.
be granted the right by Client to enroll in affiliate programs and otherwise leverage the Content for additional monetization at the discretion of Gosu Sites. Client agrees to assist with affiliate program sign-ups and maintenance. Client will pay Gosu Sites a commission rate of 50% of all gross commissions/revenues that are generated by these affiliate and revenue programs while Client’s subscription is active with Gosu Sites.

2.3 Gosu SEO Plus

While Client subscribes to Gosu SEO Plus, Gosu Sites will:

provide the services listed under Gosu SEO
revise up to 2 existing articles per month
spend up to an average of $1,000 per month on Google ad campaigns targeting Client’s business

2.4 Other services

Gosu Sites may provide other additional services to Client as defined by written communication with Client. Other additional services are also bound by the terms of this agreement.

2.5 Restrictions, Limitations, and Overages

Final logo and website designs may not be exact matches of design mockups.

Service overages of any kind including, but not limited to, email usage, web hosting, and additional professional services may be billed to Client at the discretion of Gosu Sites.

Gosu Sites will make all design and Content decisions at their sole discretion, but with consideration for Client’s feedback.

Gosu Sites reserves the right to decline requests of any kind.

Email service for up to five (5) email addresses will be provided to Client upon request. Gosu Sites will create email addresses and provide instructions for email configuration to Client. Client agrees to any charges associated with adding additional email addresses above the number specified in this agreement. Gosu Sites is not responsible for user training, device or software configuration, or any other email-related task that is not specified in this agreement.

3. Authorized Points of Contact

Client will set one (1) Point of Contact (POC) for their organization. New subscriptions will automatically designate the billing contact as POC for Client.

Gosu Sites reserves the right to 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 sales@gosusites.com.

4. Fees and Payment

Client will pay a monthly fee depending on the packages that Gosu Sites has available. Additional fees will be charged in accordance with any agreement between Client and Gosu Sites. Client can cancel their subscription at any time, but will remain liable for all charges accrued up to that time, including full monthly charges during a month in which service is discontinued.

Gosu Sites reserves the right to change fees on existing subscriptions with advanced written notice of fourteen (14) calendar days.

5. Rules

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 the start and completion of the services are dependent upon Client providing any requested 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 provide Gosu Sites with the requested Content in a timely manner, 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 requested to be done by Gosu Sites. All additional work necessitated by Client’s delay will be billed at the rate of $100 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 as 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 $100 per hour in addition to any associated costs incurred by Gosu Sites.

10. Electronic Commerce and Advertising

Client understands and acknowledges that from time to time, that State, Federal, and local laws and regulations may change, to include taxes, assessments, tariffs, levies, and privacy requirements which pertain to electronic commerce or advertising. Client agrees to be solely responsible for compliance with any and all laws and regulations and is responsible for all taxes, assessments, tariffs, levies, and fines. Client will arrange for a service provider to perform additional services as needed to satisfy this provision.

11. 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 or to test functionality. Client agrees to allow Gosu Sites and their suppliers to access data on Gosu Sites’ systems for these purposes.

12. 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’ systems and results from services remain within Gosu Sites’ exclusive proprietary control. Either 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, websites, databases, 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’ systems and sites. 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 at the discretion of Gosu Sites.

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.

13. Assignment of Project

Gosu Sites reserves the right to assign subcontractors to perform work. Work produced by subcontractors will be treated as confidential and shall remain the property of Gosu Sites.

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. Cancellations

Client acknowledges that canceling their subscription with Gosu Sites may result in any and all services and systems provisioned by Gosu Sites being discontinued, including, but not limited to, web hosting, licenses, production of new Content, directory information management, and email service. All websites and other services contracted through Gosu Sites will go offline at the end of Client’s most recently paid monthly billing cycle.

Gosu Sites will provide a website backup including files and databases as well as instructions for transferring any domain names and internet accounts as soon as possible following cancellation.

Client will take full responsibility for contracting the services of a qualified professional to assist with obtaining a new web host, email provider, any required licenses, and transferring Client’s website and all data to a new web host or other provider in advance in the event that Gosu Sites will no longer be managing or hosting Client’s website.

Client agrees that they will be responsible for any fees charged to them by third parties after cancellation including any services previously provisioned by Gosu Sites.

16. No Hire of Employees/Contractors/Subcontractors

Client agrees to not solicit in an attempt to 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.

17. 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 AND SERVICES 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.

18. Indemnity

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.

19. 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.

20. 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.

21. Acknowledgement

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.