These terms and conditions apply to all invoices, purchases and agreements from CrowdConnect Group, LLC and its affiliated companies. Please read them carefully.
By doing business with us, you agree:
- To be bound by all of the terms and conditions contained in this application, as well as those printed on the face of each invoice and/or proposal. Invoices, proposals, agreements, letters of understanding and similar documents submitted to You and Applicant Company by the Firm may be modified only with the express written consent of the Firm. We reserve the right to disregard any revisions You or Applicant Company make to such documents which we find illegible or unreadable. In the absence of such written documents, this Application & Agreement (“Agreement”) shall be deemed the only existing agreement between the parties. Invoices may arrive via email transmission. Monthly statements may be emailed upon request. Invoices will only be mailed on request.
- To pay for any and all: Work requested and completed, and products/services obtained; whether requested verbally, via purchase order or through any other means. All claims are invalid ten (10) calendar days after work, products or services are received. As a condition of receiving credit, Applicant grants the Firm a security interest and lien on Applicant’s accounts receivable and their proceeds, as well as in any specific property more fully described by the following security agreement (attached hereto as Exhibit A), and consents to the filing of a UCC Financing Statement concerning same to perfect this security interest. The Firm retains ownership of all intellectual property created for You and Applicant Company. Unless otherwise specified in a written addendum hereto, the Firm makes no warranties of any kind regarding its products and services. The Firm cannot guarantee specific results or outcomes You and Applicant Company may achieve through purchasing our products and/or services. You and Applicant Company agree that, without any further notice provided, we may keep records of our dealings together which shall remain exclusively our property, including (but not limited to) meeting notes, audio and video recordings and recordings of telephone calls. Throughout the course of transacting business with us, electronic approvals and signatures, whether completed by computer, facsimile or any other means, shall be deemed binding for all purposes hereof without delivery of an original approval or signature being thereafter required. Hours spent on a project in progress will be tallied upon request. Website hosting must be cancelled at least 30 days prior to its renewal (by way of example and not limitation, website hosting which renews annually on April 1 must be cancelled by March 1). Renewals must be specific and in writing (for instance, “I would like to cancel my web hosting service.”) For your security, we will verify such requests before we consider them as valid and delivered to us. Once your website hosting is cancelled, all of your data will be deleted and will become irretrievable. Once work is requested, the resulting order cannot be cancelled.
- That the Firm may, at any time, without notice, cancel all credit available and refuse to make any further credit advances. In the event the Firm determines that information contained on this Agreement is false or misleading, or if the Firm receives other false or misleading credit information about You or Applicant Company of any kind or nature, the Firm may, without further notice, cancel any orders in house, or any deliveries or provision of service in progress, while billing for partially completed service(s) or partially shipped products. Any false or misleading information provided by You shall be construed as a material default, and any invoices outstanding shall be immediately due and payable in full. All signers below shall be jointly, severally and individually liable for any and all purchases made with the Firm and/or its affiliates.
- To pay all collection costs and attorney’s fees incurred by the Firm in relation to the interpretation or enforcement of any or all obligations hereunder, whether or not suit is filed; and that a 1.5% finance charge per month shall be assessed on all overdue invoices as against all of Your and Applicant Company’s accounts with the Firm. A late fee of $75.00 per invoice or 5% of the invoice amount shall also apply, whichever is greater. In the event of a default of thirty (30) days or greater, the Firm reserves the right to reverse any and all discounts and promotions applied to previous invoices and demand immediate payment of same. The Firm shall have the unequivocal right to apply payments to the oldest invoices due, with invoices for services being paid before invoices for media purchases (including, but not limited to, radio buys, purchases of magazine space etc.). In the event the Firm performs more than one task for You or Applicant Company, it shall have the unequivocal right to cross-collateralize its rights, in a blanket fashion, as against all of its accounts with You or Applicant Company. This Agreement will be controlled by the laws of the State of New Jersey. You and Applicant Company agree that this Agreement has been entered into and is to be performed in the County of Burlington, State of New Jersey, and any action brought hereunder shall be brought in the federal or state courts located in said county and state. You and Applicant Company further agree that in the absence of any other written Agreement, our billable rate is $285.00 per hour for public relations, web programming/coding, copywriting work and all work performed by Patrick Diogenia; and $185.00 per hour for all other work, billed in six (6) minute increments. Any dispute regarding amount of time spent on a deliverable must be made within twenty-four (24) hours of receipt of such deliverable or invoice, whichever comes first. The Firm reserves the right to convert paper checks into electronic instruments. A $35 fee per returned item shall apply. You and Applicant Company shall not disclose the fees paid to the Firm without its express written consent. Invoices may be delivered via email, and will be considered received one (1) business day after transmission.
- Applicant consents to the obtaining of credit and/or other information to be used at any time in connection to the account hereby applied for; and consents to and authorizes the release of any credit and financial information by any bank, trade reference, mortgage holder or landlord, and credit reporting agencies, and expressly consents to the Firm obtaining a consumer credit report of the undersigned, and a business credit report of the applicant for the purposes of evaluating credit worthiness.
- The undersigned party(ies) warrant and represent to the Firm that the business entity You represent is solvent and is able to pay its obligations as they become due. The business entity You represent will not place any order with the Firm unless it reasonably believes that it will be solvent and able to pay its obligations as they become due at the expected time of shipment, provisioning, delivery or service. Availability of items is not guaranteed.
- That no action, regardless of form, arising out of the transactions under this application may be brought by you or applicant company (or its affiliates or assigns) more than six (6) months after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) subject to any shorter limitation applicable pursuant to Sections 2 and 4 above; and You and Applicant Company hereby waive any longer statute of limitations that may be permitted by law. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
- If You complete all information requested, we will process this Agreement as a credit application, relying on the information you provided to make a credit decision. If You omit owner social security numbers and credit references, we will consider this Agreement an Agreement of Sale. In the event we grant credit under the Agreement of Sale (at our sole discretion), all terms and conditions above shall apply.