This website is owned and operated by Vendor Boost Corp (“the Company”). By accessing or using this website and the services, you (the “Client”) agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree with these terms and conditions, you must immediately cease use of this website. If you have any questions regarding this Agreement, please contact us.
1. No Guarantee of Specific Results
Notwithstanding any statements or representations that may suggest otherwise, Vendor Boost Corp does not and cannot guarantee specific results from its services. The Client acknowledges and agrees that payments made to Vendor Boost Corp are for the purpose of receiving marketing services, but no outcome or result is assured. The Client further acknowledges that Vendor Boost Corp has no control over third-party platforms such as Google and Meta or other advertising networks, and that these platforms may make changes at their discretion that could impact the outcome of the marketing efforts.
2. Non-Disparagement
The Parties agree, both during the term of this Agreement and after its termination, not to disparage, defame, or make negative statements about the other Party, its principals, officers, agents, employees, or any associated individuals. This includes, without limitation, statements made through social media, online forums, or other public platforms. This provision shall not prohibit any Party from making truthful statements in the course of legal proceedings or in response to an investigation by a governmental authority.
3. Limitation of Liability
Vendor Boost Corp warrants that the marketing services provided under the terms of the formal proposal shall be delivered in accordance with this Agreement. However, Vendor Boost Corp makes no other warranties, either express or implied, including but not limited to any warranties concerning the performance or effectiveness of the services rendered. EXCEPT AS EXPRESSLY SET FORTH HEREIN:
(a) Vendor Boost Corp shall not be liable for any damages resulting from services provided, including any claims arising from negligence;
(b) The Client acknowledges that no warranties, whether express, implied, or statutory, are made by Vendor Boost Corp with respect to the services provided under this Agreement; and
(c) Vendor Boost Corp specifically disclaims any warranty of merchantability or fitness for a particular purpose.
Notwithstanding any provision to the contrary, in no event shall the maximum aggregate liability of Vendor Boost Corp under this Agreement exceed the total fees paid by the Client to Vendor Boost Corp in the three (3) months preceding the claim. Vendor Boost Corp shall not be liable for any indirect, consequential, incidental, or exemplary damages, including but not limited to loss of profits, business interruption, loss of data, goodwill, computer failure, or any other commercial damages or losses, even if Vendor Boost Corp has been advised of the possibility of such damages.
4. Force Majeure
Neither Party shall be deemed in breach of this Agreement, nor shall any liability arise, for any delay or failure in performance under this Agreement due to circumstances beyond the Party’s reasonable control. Such circumstances may include, but are not limited to, acts of God, natural disasters (e.g., earthquakes, floods, fires), epidemics, riots, transportation or communication failures, or actions or inactions of the other Party or its agents, officers, or contractors. However, the inability to pay due to lack of funds shall not constitute a force majeure event.
5. Default
In the event that the Client fails to pay any amounts due under this Agreement, Vendor Boost Corp reserves the right to pause or suspend its performance under this Agreement until the Client remedies the default. In addition, Vendor Boost Corp may pursue other legal or contractual remedies available to it.
6. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
7. Attorney’s Fees
In the event of any litigation, arbitration, or other dispute resolution process arising from or related to this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys’ fees, costs, and other expenses incurred in connection with the dispute.
8. Entire Agreement
This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior agreements, communications, or understandings, whether written or oral, between the Parties. Any amendments or modifications to this Agreement must be made in writing and executed by both Parties.
9. Severability
If any provision of this Agreement is determined by a court or other competent authority to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be amended or interpreted to reflect the Parties’ intent as closely as possible, consistent with applicable law.
10. Assignment and Successors
The rights and obligations under this Agreement may not be assigned, transferred, or otherwise encumbered by either Party without the prior written consent of the other Party, which consent may be withheld in the sole discretion of the non-assigning Party. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, legal representatives, successors, and permitted assigns.
The Client acknowledges and agrees to be bound by the terms of this Agreement as of the Effective Date, which shall be the date of the initial “kick-off” meeting between the Client and Vendor Boost Corp.
Payment Authorization
I certify that I am an authorized signatory, or have obtained permission on behalf of the company, to enter payment information. I hereby authorize Vendor Boost Corp to charge my credit/debit card or electronically debit my bank account (via ACH transfer) for the agreed-upon monthly fees as specified in the signed agreement.
The amount charged will be based on the fees outlined in the signed agreement. The automatic debit will occur on the same day each month, in accordance with the initial contract completion date. If there are any changes to the agreed fees (e.g., due to scope adjustments), Vendor Boost Corp is authorized to debit the updated amount.
To update your payment information, please contact Vendor Boost Corp at [email protected].