AiA MARKETING SERVICES AGREEMENT
This Marketing Services Agreement (“Agreement”) is entered into on #blog_date (“Effective Date”), by and between First Choice Developments LLC (“FCD”), 539 W. Commerce St., Dallas, TX. 75208 and #text(#field(7)) (the “Client”), #text(#field(11)) #text(#field(12)), #text(#field(13)), #text(#field(14)) #text(#field(15)). FCD and Client are sometimes referred to individually as a “Party” and collectively as the “Parties”. The Parties agree as follows:
1. Marketing Services
Client is subscribing to FCD’s AiA marketing services as selected and detailed in Exhibit A. The scope of services, deliverables, term length, and pricing will vary based on the plan level chosen.
2. Terms of Service
This Agreement incorporates FCD’s Terms of Service located at: https://agencytemplate.firstchoice.dev/terms-of-service/. In the event of a conflict between this Agreement and the Terms of Service, this Agreement governs.
3. Term & Renewal
The Original Term of this Agreement is as defined in Exhibit A, starting on the Effective Date.
- Unless otherwise specified, this Agreement will automatically renew under the same terms and duration as the Original Term.
- Client may opt not to renew by providing written notice at least 30 days before the end of the current term.
Note: Certain services (e.g., targeted ads) may renew on a month-to-month basis at current rates after the Original Term.
4. Fees and Payment
Client agrees to pay a monthly service fee (the “Monthly Installment”) and a one-time Onboarding Fee, if applicable. Both are listed in Exhibit A.
All fees are due in advance of services each month via automatic billing to the authorized payment method. FCD reserves the right to suspend service for non-payment.
5. 90-Day Guarantee – Page 1 Placement
FCD offers a 90-Day Guarantee on search engine optimization services for qualifying Clients who select and approve specific keyword and geographic location targets during onboarding (“Target Terms”).
If none of the Target Terms appear on Page 1 of organic Google search results (excluding paid ads and map listings) within ninety (90) calendar days from the date the content is uploaded to the Client website, Client may request a full refund of all subscription fees paid for the 90-day period.
Refund eligibility is subject to the following conditions:
- Qualifying Targets: Applies only to Target Terms that are mutually agreed upon in writing and approved by FCD during onboarding.
- Client Cooperation: Client must provide timely access to website, content, and technical resources as required, and must not interfere with optimization efforts or initiate conflicting marketing actions.
- Scope Limitations: The guarantee does not apply to broad, national, highly competitive, or generic keywords unless expressly confirmed in writing by FCD.
- Measurement Criteria: Page 1 placement is determined by non-personalized, incognito Google search results conducted from the designated location for each Target Term.
- Claim Process: Refund requests must be submitted in writing within ten (10) calendar days of the 90-day period ending. FCD will verify search positions and determine eligibility.
6. Recurring Payment Authorization
Client authorizes FCD to automatically charge the Monthly Installment and Onboarding Fee to the payment method provided. Advance notice is not required for recurring charges.
7. Early Termination
This Agreement is non-cancellable during the Original Term. Client may elect not to renew, subject to the notice period above. No refunds will be issued for unused services.
8. Waiver of Jury Trial
Each Party irrevocably waives any right to a jury trial in any dispute related to this Agreement.
9. Notices
Notices will be sent to the email address provided in Exhibit A or otherwise communicated per the Terms of Service.
10. Miscellaneous
- This Agreement is governed by Texas law.
- Venue for any disputes shall be Dallas County, Texas.
- This Agreement may only be amended in writing, signed by both Parties.
- This Agreement is binding upon each Party and their successors or assigns.
- If any provision is invalid, the remainder remains enforceable.
11. Entire Agreement
This Agreement, together with Exhibit A and the Terms of Service, constitutes the entire agreement between the Parties and supersedes all prior agreements.
Exhibit A
The client is subscribing to the following services for #field(63):
| SERVICE | TERM LENGTH | CONTRACT PRICE |
|---|---|---|
| DUE TODAY | ||
| AiA10 Page Basic | 1 of 6 months | $199/month |
| AiA10 Basic Setup Fee | 1 time | $599 |
| Total Due Today | $798 | |
| DUE MONTHLY | ||
| AiA10 Page Basic | Minimum of 6 months | $199/month |
| Pro Services – Silver | 6 months | Included |
| Pro Services – Gold | 6 months | Not Included |
| Additional New pages/month | 6 months | None |
