This Customer Agreement ("Agreement") is made and entered into as of today’s date by and between Consumer Marketplaces, LLC, a FL corporation with a principal place of business at 7742 Southwest 88th Street #306 Miami, FL 33156 Consumer Marketplaces, LLC, and you, the customer ("Customer").
WHEREAS, Company provides a marketplace platform ("Platform") that allows Customers to sell their products and services online, and
WHEREAS, Company offers social media management and Search Engine Optimization ("SEO") services to help Customers establish an online presence and increase sales, and
WHEREAS, Customer desires to utilize the Platform and the Services offered by Company.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties agree as follows:
1. Services
1.1. Platform. Company grants Customer a non-exclusive, non-transferable right to use the Platform to list and sell their products and services.
1.2. Social Media & SEO. Company will perform an initial set-up of Customer's social media profiles and implement basic SEO optimization for the Customer's store on the Platform (collectively, the "Services"). Services are subject to change at Company's sole discretion.
1.3. Ongoing Management. Company is not obligated to provide ongoing social media management or SEO services beyond the initial set-up. However, Company may offer such services for an additional fee.
2. Fees
2.1. Platform Fee. There is no upfront fee for using the Platform.
2.2. Sales Commission. In consideration for the Services, Customer agrees to pay Company a commission of ten percent (10%) of the total sales price of each product or service sold through the Platform.
2.3. Payment Terms. Customer shall pay all fees via Stripe Connect Marketplace where 10% of sales will be deposited to MARKETPLACE and 90% will be deposited by payment provider as per the terms of payment providers payout schedule.
3. Customer Obligations
3.1. Products & Services. Customer is solely responsible for the quality, legality, and description of all products and services listed on the Platform.
3.2. Content. Customer is responsible for providing all necessary content for their store on the Platform, including product descriptions, images, and pricing.
3.3. Compliance. Customer agrees to comply with all applicable laws and regulations related to the sale of their products and services.
3.4. Payment Processing. Customer is responsible for setting up and maintaining a payment processing account for their store on the Platform. Company does not handle any customer funds directly.
4. Term and Termination
4.1. Term. This Agreement shall commence on the Effective Date and shall continue for an indefinite term, but may be cancelled anytime with a 30 day notification.
4.2. Termination by Company. Company may terminate this Agreement for any reason, with or without cause, upon written notice to Customer.
4.3. Termination by Customer. Customer may terminate this Agreement at any time by closing their store on the Platform.
4.4. Effect of Termination. Upon termination of this Agreement, Customer's access to the Platform will be disabled. Customer shall remain obligated to pay all fees accrued prior to termination.
5. Intellectual Property
5.1. Company Ownership. Company retains all ownership rights in and to the Platform and all intellectual property associated therewith.
5.2. Customer Ownership. Customer retains all ownership rights in and to their content and intellectual property.
6. Disclaimer of Warranties
THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7. Limitation of Liability
COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of laws principles.
9. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
10. Amendment
This Agreement may be amended only by a written instrument signed by both parties.
11. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
12. Waiver
No waiver of any breach of this Agreement shall be deemed a waiver of any subsequent breach.
13. Notices
All notices and other communications hereunder shall be
14. Contact Us
If you have any questions about this Customer Agreement, please contact us by email at [email protected] or by phone at 305-209-7687