This is a Services Agreement between Monsieur Jérémy Rieunier, owner of Dealwithgrowth (“we”, “us”, “our”) and any individual, entity, or organization that procures our services (“you” or “your”).
Acceptance of Term
Any work that we do for you is governed by the terms and conditions that you’re reading now. If you don’t agree to these terms, we can’t provide you with any services. This agreement is a binding contract between you and Dealwithgrowth.
Our services are not recommended for:
- Shopify stores with highly developed internal UX/Marketing practices
- Stores that do not receive much traffic at the moment
- Companies/people without specific goals in mind
Terms May Change
You should know that, periodically, we may change the terms and conditions in this document, including the amount of our fees. If we do change them, the new terms and/or pricing will become effective for you on the next date on which your services with Dealwithgrowth are scheduled to renew. We’ll always give you at least thirty (30) days to review these changes before new pricing and terms take effect.
Unless otherwise stated, all projects should be paid upfront. We use industry-standard third-party vendors to manage our payment system and your information. You agree to keep your billing information current and agree that you’re solely responsible for failing to do so.
You’re responsible for payment of all applicable sales and use taxes.
No matter what service you’ve chosen, you’re welcome to a full refund of what you’ve paid to us if you find evidence that we have not performed in a professional and ethical manner. To take advantage of this refund, you need to terminate our services and ask us in writing for a refund within sixty (60).
Access to analytics
We might need to gain access to your analytics tools in order to perform some of our work. You agree to provide us with any information that we need to accomplish this goal. We will not share or otherwise disclose this information to anyone outside of the company at any time.
As part of our services, we might be implementing small changes to your site and examining your users’ response to those changes.
You acknowledge that those changes might have a negative impact on how users interact with your site, including impacts on sales, leads, conversions, click-throughs, etc.
You further acknowledge that any live changes made to your website by you during the course of any A/B Testing may make the collected data, and thus conclusions drawn from it, inaccurate.
You agree that Dealwithgrowth isn’t and won’t be liable for any losses or liabilities arising from A/B testing done on your website.
We might need to add a small amount of code to your website. To perform A/B Testing, or implement third parties tools, we need to be able to make small changes to your live, public-facing website on an as-needed basis. You agree to let us make small changes to your website for a subset of your users, so we can measure the effects of these changes. You agree to provide us with any information that we need to accomplish this goal.
We will not share or otherwise disclose this information to anyone outside of the company at any time.
Any changes to your website that we make for you are owned by you forever. Such changes will take the form of HTML and CSS markup. Except to the extent that we use code that we’ve developed for use with other clients, we assign all right, title, and interest, in such changes to you.
To the extent that any of the code we’ve previously developed is incorporated into the changes we make on your site, we grant you a non-exclusive license to use that code as we’ve incorporated it into your site (but we grant no other rights).
We retain ownership in the copyright to all reports produced through our services and invite you to share our reports internally with other members of your organization on an as-needed basis. We do not, however, grant you permission to modify the report, reproduce it for individuals outside of your company, display or perform it publicly, or distribute it to any third party.
Note that nothing in this paragraph grants you any rights to our own website or the content on it.
No Guarantee of Results
We provide information as-is; it’s up to you to act on it. Your organization needs to be structured such that it can accept recommendations and use it meaningfully.
Additionally, we make no guarantee about the number of leads, sales, conversions, click-throughs, impressions, or any return on investment resulting from our work with you.
Either of us can decide to terminate the relationship for any reason by sending notice in writing. At that point, your billing will stop and we’ll transfer any relevant logins and accounts over to your control.
If we agreed to work on a retainer basis, note that previously-billed months are not refundable unless you’ve asked for a refund within the limited sixty (60) days window.
Limitation on liability
Our liability under this agreement with respect to the services that we provide, any code that we install on your site, any reports that we provide, or any other materials provided as part of our services, is limited to correction of the services or materials.
If correction is not possible or impractical, then our liability is limited to a refund of any fees paid to Dealwithgrowth by you under this agreement. This liability limit applies to any legal theory of damages, including negligence, contract, warranty, or otherwise as may be applicable.
We won’t be liable for any lost profits, incidental, special, or consequential damages, even if we’ve been advised of the possibility of such damages.
You agree to indemnify, defend, and hold Dealwithgrowth, its owners, directors, officers, employees, contractors, agents, and affiliates harmless against any third-party claims of copyright, trademark, trade secret, or other intellectual property infringement brought against Dealwithgrowth for using any of the materials that you provide to us to perform services for you or otherwise resulting from any breach by you of this agreement.
In other words, if someone sues us for working with material that you’ve provided to us, you agree to pay our legal fees and any losses or liabilities that we might suffer as a result.
Referrals are how we’re able to get work in the future, and we love showing off any major victories.
You grant us the right (but not the obligation) to mention the following on our website, and in our marketing and advertising collateral:
- Your company’s name;
- The work that we did for you, described generally;
- The relative impact that our work had on your business (ie: X% increase in sales).
You also grant us the right to link to your website. If you submit a testimonial to our website, or through e-mail, You grant us permission to re-publish it on our website.
The rights granted to us are non-exclusive and irrevocable. We additionally retain the right to acknowledge our authorship of work done for you in an advertising and marketing context. Changes to these rights should be agreed upon in writing before you make your first payment.
Dealwithgrowth’s business hours are 10am-6pm Central European Time. We agree to put in a reasonable effort to reply to anything work-related during business hours.
We take the following days off: January 01, May 01, May 14, July 14, August 31, November 01, December 24, December 25, and December 31.
Dealwithgrowth is an independent contractor to you/your organization. By entering this contract, we don’t intend to create a joint venture or partnership, or become one of your employees. Neither of us are granted any rights to control the other or to enter into agreements on the other’s behalf.
We provide services to a number of clients. You recognize and agree that we may provide services to a number of individuals and organizations, including potential competitors, and are in no way obligated to provide services exclusively to you.
Representations and Warranties
We represent and warrant that, to the best of our knowledge, our services will not infringe on the intellectual property rights of any third party.
You represent and warrant that any materials you provide us will similarly not infringe on any third party’s intellectual property rights. Except for the express representation and warranties stated in this agreement, we, Dealwithgrowth, make no warranties whatsoever.
We explicitly disclaim any other warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the project. Except as may be expressly provided, our services and any materials delivered to you are provided “as is”.
In general, you don’t have the right to assign this agreement to any other individual or business organization. However, you may assign this agreement to an heir or an organization that acquires all or most of your stock, assets, or business. This agreement will bind your heirs, assigns, executors and administrators.
If one of us chooses not to act on a breach of this agreement, that choice won’t waive our right to enforce the agreement based on a different breach.
This agreement can only be modified by a writing signed by both of us.
If any provision of this agreement isn’t enforceable, the rest of this agreement remains valid and enforceable.
No Third Parties
This contract is only intended to benefit you, the client, and Dealwithgrowth, not any third party.
We won’t be in breach of this agreement if fire, earthquake, illness, death, act of God, labor dispute, or other events beyond our control prevent us from providing services in a timely fashion. We’ll notify you about the situation and work with you to establish a timeline for completing our services, if possible.
French law governs this contract. In the unlikely event of any dispute coming between you and Dealwithgrowth, we both agree that this will be dealt with by the courts in France and not anywhere else. You submit to the personal jurisdiction and venue of those courts.
Headings for each paragraph are provided for convenience only. They won’t be given legal effect in interpreting or limiting the scope of the agreement.
This is our entire Agreement. It supersedes all other discussions, understandings, and negotiations between us, if any.