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Terms of Service
This Terms of
Service Agreement (this "Agreement") is made effective on the starting
date of the subscription, identified by the first completed credit card
transaction, by and between the credit card holder, and By The Dozen
Enterprises, a division of Pavlovich Family Network, of 106 E Iron Street,
Bessemer, Michigan 49911. In this Agreement, the party who is
contracting to receive the services shall be referred to as
"subscriber", and the party who will be providing the services shall be
referred to as "BTD". By purchasing a subscription to
this service, you indicate that you agree to these Terms of Service, and
wish to enter into this agreement.
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DESCRIPTION OF SERVICES. Beginning on the date indicated on the
purchase receipt of the subscription, BTD will provide the following
services (collectively, the "Services"): 12 30-second
commercial voice recordings or 6 60-second commercial voice
recordings, or 24 15-second promotional or commercial voice
recordings, or any combination thereof equal to 12 30-second
commercials per calendar month.
- PAYMENT
FOR SERVICES. Credit card holder will pay compensation to BTD for the
Services based on the subscription purchased.
- Credit card payments that are rejected by your bank-for any
reason-will be resubmitted. After 2 failed attempts to collect
payment, service will be discontinued immediately.
- EIGHT AM GUARANTEE. Scripts received by 12:00 pm CST will be
recorded and made available to the subscriber by 8:00 am CST the
following morning. If BTD does not meet this guarantee, the
script will not count against the subscribers allotted minutes per
month. This guarantee is limited in the following ways:
- If the subscriber has clearly waived the guaranteed deadline by
providing another deadline the EIGHT
AM GUARANTEE will not apply.
- Scripts received by the subscriber, but requiring to be
re-recorded due to pronunciation errors, script length, improper
inflection or tone will not be considered late.
- This guarantee has no cash value. "Damages" will be awarded
in time or script credits only and not in the form of any other
monetary payment.
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UNUSED SCRIPTS / AUDIO. If at the end of the month the
subscriber has not submitted the total scripts allotted for each
subscription as defined in paragraph one, subscriber foregoes the
unused time and begins the new month with a new allotment.
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TERM/TERMINATION. This Agreement may be terminated by either
party upon 30 days written notice to the other party.
- Non payment of services will result in immediate termination as
described in paragraph two.
- RELATIONSHIP
OF PARTIES. It is understood by the parties that BTD is an independent
contractor with respect to credit card holder, and not an employee.
- ENTIRE
AGREEMENT. This Agreement contains the entire agreement of the
parties, and there are no other promises or conditions in any other
agreement whether oral or written.
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SEVERABILITY. If any provision of this Agreement shall be held to be
invalid or unenforceable for any reason, the remaining provisions
shall continue to be valid and enforceable. If a court finds that any
provision of this Agreement is invalid or unenforceable, but that by
limiting such provision it would become valid and enforceable, then
such provision shall be deemed to be written, construed, and enforced
as so limited.
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APPLICABLE LAW. This Agreement shall be governed by the laws of the
State of Michigan.
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