This Client Agreement ("Agreement") is made and entered into between CITYKEY LLC (D.B.A. HOTEL TECH REPORT), hereinafter referred to as "HotelTechReport," and Clients, hereinafter referred to as the "Client." This Agreement outlines the terms and conditions for the provision of creative services by HotelTechReport to the Client.
Content Plan and Campaign Dates: Upon onboarding a new client, HotelTechReport will develop a comprehensive content plan for the Client, including marketing emails, sponsored content, and advertising campaigns. Specific dates for campaign promotions will be agreed upon and locked in during this process.
Campaign Date Lock-in and Changes: The Client acknowledges and understands that campaigns cannot be moved or rescheduled within 60 days of the campaign launch date. This restriction is due to inventory constraints and other operational factors. Therefore, it is imperative that the Client adheres to the agreed-upon campaign schedule.
Client's Responsibilities: a) Timely Requests: The Client must complete all requests related to the content plan at least 30 days prior to the campaign launch date. Failure to do so may result in HotelTechReport creating the campaign on behalf of the Client. b) Minimal Editing and Revisions: In the event that the Client fails to place requests as per HotelTechReport's policies or misses the 30-day deadline, the Client will only receive minimal editing and revision privileges. HotelTechReport reserves the right to finalize the campaign content without further alterations from the Client.
Non-Refundable Agency Services: The Client acknowledges that all agency services products and packages provided by Hotel Tech Report are non-refundable. Once a purchase is made, no refunds will be granted under any circumstances. The Client understands and agrees that they will not be entitled to a refund for any unused portion of the services or in the event of early termination of this Agreement.
12-Month Usage Limit: The Client further acknowledges that all agency services must be used within 12 months of the purchase date. Failure to utilize the purchased services within this 12-month period will result in the automatic expiration of any unused credits without refund or compensation. Hotel Tech Report will not be liable for any losses incurred by the Client due to the expiration of unused credits after the 12-month period.
Indemnification: The Client agrees to indemnify and hold harmless HotelTechReport, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorney's fees, arising from any false claims made by vendors (clients) or any issues hoteliers may have with the services rendered by HotelTechReport. The Client understands and acknowledges that HotelTechReport acts as a media company providing agency services, and while efforts are made to ensure accuracy and integrity, it does not endorse or verify the claims made by vendors (clients) or the services they offer. The Client assumes full responsibility for any legal issues or disputes that may arise from such claims or services, and HotelTechReport shall not be held liable for any resulting consequences. This indemnification clause shall survive the termination of this Agreement.
Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of California. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts in California.
By purchasing agency services from HotelTechReport (incl. Gold and Platinum Plans), the Client acknowledges that they have read, understood, and agreed to be bound by all the terms and conditions outlined in this Agreement. The Client further acknowledges that their continued use of the services provided by HotelTechReport constitutes an ongoing acceptance of these terms.
This clause serves as a legally binding agreement between HotelTechReport and the Client, ensuring that the Client's purchase of services implies full understanding and acceptance of all the terms set forth in this Agreement.