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There's some core issues that many companies miss when it comes to marketing, getting customers, and the tech needed to automate that. That's where we come in. Our goal is to help more companies build complete end-to-end strategies around simplified systems and start leveraging totally untapped resources in a scalable and streamlined way.
© 2024 RHNK Digital LLC. All rights reserved.
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RHNK Digital LLC
Services AgreementThank you for choosing RHNK Digital, LLC to help you with your marketing and bring more opportunities to your business through our sophisticated platform and systems. We provide you with our exclusive solutions tailored to your business needs.
THIS AGREEMENT (the “Agreement”), is entered into on the date it was accepted on by and between RHNK Digital, LLC (“The Company”) a limited liability company, with an address of 20830 Stevens Creek Blvd #1178, Cupertino, CA 95014, and email address of support@rhnkdigital.com, and the “Client” known collectively as the “Parties”.The Client and Company agree as follows:The ServicesThe Reputation Enhancement Package (“Service”) is a month-to-month Service designed to streamline and automate the process of getting and increasing Google reviews for businesses. The services can be divided into two parts, the setup service and the ongoing management services. Both types of services are detailed below:As part of the setup services, the Company will:SaaS CRM Hosting:
Service Description: The Company will host and maintain a SaaS CRM solution on the platform Go High Level, offering a range of features to facilitate and manage reviews for the business. Detailed functionality and service scope will be provided to the Client.
Data Security and Privacy: The Company will implement robust data security measures, including encryption and access controls, to protect client data. All data handling will comply with relevant data protection regulations.
User Support: The Company will offer user support through channels such as email, text, phone, and Zoom during business hours.General Considerations:
Third-Party Services: The Company may utilize third-party services or integrations to enhance the process of getting the client reviews and/or CRM functionalities. Responsibilities and limitations regarding these third-party services are outlined herein.
Licensing and Usage Rights: The Client will receive the necessary licenses and usage rights to access and use the SaaS CRM as per the terms of this agreement. These rights are non-transferable and subject to compliance with the Company's policies.
Maintenance and Updates: As part of the monthly ongoing management services, the company will continuously uphold the backend business systems to automate the Client’s review processes in the most effective way possible. The Company will also offer ongoing maintenance and updates for the CRM system, ensuring it remains secure and up-to-date. Any feature enhancements or significant updates will be communicated to the Client in advance.Client RequirementsThe Client is responsible for their business, including but not limited to ethics, working within their scope, financials, taxes, and legal aspects. The Company is not liable for any legal or financial errors for Client’s business that are unrelated to The Company’s Services as laid out in this agreement.Client is aware of and agrees to adhere to and provide the following items in the time frame stated:Provide required information through onboarding forms and meetings.
Client business Facebook page access.
Client Google Business Profile access.
Client will maintain contact with Company and if Client needs more time to complete requirements, Client will directly communicate this with The Company.
Client is responsible for other ancillary one-time and recurring costs associated with the project such as, but not limited to: Software fees, phone, texts, emails, etc.
The Company will provide the software platform and business processes needed for the Client to obtain opportunities. Converting those opportunities into reviews and subsequent customers is the express responsibility of the Client. The Company is not accountable for the Client’s ability to close on opportunities.Compensation and PaymentClient understands that their payment information will be saved on file for ongoing transactions.Ongoing Services: For the Services described in Section #1, Client will pay The Company $297 per month for ongoing management. The $297 will be due every 30 days and will be automatically deducted from your payment method on file each month.TermThis Agreement will commence on the effective date first set forth above and will continue on a month to month basis unless otherwise terminated by either Party. The month to month service payment will begin 14 days from the date of this agreement, unless agreed upon a different time frame between Company and the Client.TerminationIf either Party determines that the ongoing monthly service is no longer a good fit for the Client, either Party can submit a written request for termination. In the event that the Client desires to terminate the Services hereunder, the Client must submit a written request via email to The Company at least seven (7) days prior to the desired date of termination. Monthly services will terminate at the end of the month in which the request was completed (i.e. if the Client requests termination on the first of the month, services will terminate on the last day of that same month).Ownership of Materials and Proprietary Information and Use of MaterialsExcept as provided elsewhere in this Agreement, all information disclosed by one Party to the other Party, shall be deemed to be confidential and proprietary (“Proprietary Information”). All proprietary information, including the software and its features, remains the property of The Company and cannot be replicated, redistributed, or used outside the scope of this Agreement. Any information shared between the Parties shall be treated as confidential and proprietary. Client also acknowledges that The Company may use and modify existing materials for Client’s benefit. This includes anything recorded, discussed on zoom calls, during office hours, any and all written communication.Such Proprietary Information includes, without limitation, information regarding marketing, sales programs, sales volume, sales conversion rates, sales methods and processes, sales proposals, products, services, vendors, customer lists, training manuals, sales scripts, telemarketing scripts, names of investors, and customer information, operating procedures, pricing policies, strategic plans, intellectual property, information about a Party’s employees and other confidential or Proprietary Information belonging to or related to a Party’s affairs. The receiving Party acknowledges and agrees that in any proceeding to enforce this Agreement it will be presumed that the Proprietary Information constitutes protectable trade secrets, and that the receiving Party will bear the burden of proving that any portion of the Proprietary Information was publicly or rightfully known and disclosed by the receiving Party. The Parties, their employees, subsidiaries, affiliates, agents, and assigns agree to hold all Proprietary Information, regardless of when or how disclosed, in strict confidence and with not less than the same degree of care that they provide for their own confidential and proprietary information. The Parties warrant and represent that the degree of care contemplated herein is adequate and the Parties will take any and all steps reasonably necessary to preserve such Proprietary Information.Nothing in this Agreement shall prohibit or limit the receiving Party’s use of information that can be demonstrated as: (a) previously known to the receiving Party, (b) independently developed by the receiving Party, (c) acquired from a third party not under similar nondisclosure obligations to the disclosing Party, or (d) acquired through the public domain through no breach by the receiving Party of this Agreement.License. Where applicable, Client is granted a limited, non-transferable, non-exclusive license to use the software provided by The Company solely for its business operations as per this Agreement. Other than as specifically provided herein, the Parties, their employees, subsidiaries, affiliates, agents and assigns, shall make no disclosure of any Proprietary Information without the express written consent of the other Party. In addition, neither Party shall use the Proprietary Information for any purpose other than purposes related to their business relationship as laid out in this Agreement. In the event that the receiving Party is required by applicable law, rule, regulation or lawful order or ruling of any court, government agency or regulatory commission to disclose any Proprietary Information, the receiving Party understands that the disclosing Party may desire to seek an appropriate protective order or take steps to protect the confidentiality of such Proprietary Information. Consequently, the receiving Party agrees that it will provide the disclosing Party with prompt notice of such request(s).Portfolio Release. Client agrees that The Company has the right to use materials created pursuant to this Agreement for The Company’s portfolio, samples, self-promotion including advertising for The Company’s business including, but not limited to, Google, Facebook, Instagram, LinkedIn, X, or any other social media platforms. In the event Client wishes to exclude some specific materials from the release under this paragraph, or to limit the time period of such release, The Company and Client may agree in writing to such limitation.Remedies. The Parties acknowledge that the Proprietary Information exchanged is valuable and unique and that disclosure in breach of this Agreement will result in irreparable injury to the adversely affected Party, for which monetary damages, on their own, would be inadequate. Accordingly, the Parties agree the adversely affected Party shall have the right to seek an immediate injunction enjoining any such breach or threatened breach of the Agreement.Additional ServicesAll services outside the scope of this Agreement that are requested by the Client and which The Company agrees to perform will be billed at the standard rate of $500 per hour. The Client will be notified and must approve via email additional services before they will be performed. Prices for custom and/or additional services will be estimated to the best of The Company’s ability, but may be more or less once services are performed. The Client will be notified of the total cost.GuaranteeThe Company does not guarantee any specific results other than stated in this agreement (i.e. CRM configuration, review opportunities). No guarantee can be made regarding closing those opportunities or the monetary results. Marketing information regarding clients and outcomes are used to show general information, not guaranteed results. In order to get the guarantee the Client must complete the following:Complete all supporting material
Attend and complete all 1:1 meetings
Supply all requested information in the given timeframesLimitation of LiabilityThe Company shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Services. Client agrees that, in the event The Company is determined to be liable for any such loss, Client's sole remedy against The Company is limited to a refund of payments made by Client for said Services, less expenses paid to subcontractors or to third parties. The Company is not responsible for errors which result from faulty or incomplete information supplied to The Company by Client. Client also agrees to not seek damages in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties. The Company shall not be liable to Client for any costs, damages or delays due to causes beyond its control, expressly including without limitation, unknown site characteristics; changes in policies, changes in terms of services.Handling of DisputesThe Parties agree that any dispute regarding this Agreement, and any claim made by Client for return of monies paid to The Company, shall be handled in accordance with applicable State and Federal laws.Payment Cancellation: If Client cancels credit card payments, or any payment method used to purchase Service, this Agreement is immediately terminated, and The Company reserves the right to dispute such cancellation and pursue Client for monies owed to The Company for services already performed but unpaid by Client due to such credit card cancellation. Client agrees that, regardless of whether Client is ultimately successful in any credit card cancellation dispute, client is liable to pay The Company for the work already performed as of the time of the cancellation request, at an hourly rate of $500 per hour for all hours spent on Client’s business. The Company will provide Client with an itemization of hours spent within a reasonable time upon the request of the Client and payment will be expected in full within 30 days from the date such itemization is provided. If Client does not pay for such hourly work upon The Company’s demand and within 30 days, The Company reserves the right to initiate an action in court for breach of contract, regardless of the previous outcome of any credit card cancellation dispute. Additionally, if The Company is successful in any credit card cancellation dispute, The Company reserves the right to pursue Client for the costs The Company had incurred in disputing or defending such credit card cancellation, including but not limited to the lost business profits in the form of time The Company and its representatives spent handling such dispute, at The Company’s hourly rate of $500, in addition to any legal fees incurred by The Company.CommunicationsClient agrees the communication between The Company is done via email, Zoom, text, and phone only. The most effective way is via email; the email address to use is support@rhnkdigital.com. If the Client wishes to speak on zoom or via phone, the Client should send an email to The Company stating that they would like to schedule a phone/zoom call and The Company will work with the Client to arrange a time. The Company’s hours are Monday-Friday 9-5PM PST. The Company typically responds to email within 24-48 hours excluding weekends and standard public holidays.Entire AgreementThis Agreement is the final, complete and exclusive Agreement of the Parties. No modification of or amendment to this Agreement shall be effective unless in writing and sent to each of the Parties.Severability, Headings, and Interpretation and EnforcementIf any provision of this Agreement shall be held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, the remaining provisions of this Agreement shall remain in full force and effect.The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of this Agreement.The parties understand and agree that the construction and interpretation of this Agreement is governed by the laws of the State of California. In the event that either party must initiate legal action to enforce this Agreement, the Parties agree that the proper venue for such action shall be the courts of the State of California.