EcomFlame.com Purchase Agreement
BACKGROUND
A. The Client is of the opinion that the Service Provider has the necessary qualifications, experience, and abilities to provide services to the Client.
B. The Service Provider is agreeable to providing such services to the Client on the terms and conditions set out in the Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Service Provider (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
LIST OF SERVICES PROVIDED
1. During the period of this Agreement, the Service Provider shall have the responsibility to perform and provide the following services (hereinafter referred to as “Services”):
The following will be completed for each store purchased by the Client:
- Â A. Conduct research to find a product for the Client to sell on their Shopify store.
- Â B. Design and develop a Shopify website around the chosen product.
- Â C. Produce video advertisement(s) for the product.
- Â D. Launch and manage advertising campaigns for the store.
PAYMENT
2. The Services are to be paid for as follows:
-  Amount at checkout: Current price at the time of purchase
-  Amount due at the first of the month for service D: 10% of the net profit
TERM OF AGREEMENT
3. This Agreement shall be effective on the date of purchase and will remain in full force and effect until the completion of the Services A-C. Service D will remain in full force and effect until Client wishes to end service D. The Client may start or end Service D at any time for any reason.
4. At the end of the term of the Agreement, it will not be automatically renewed for a new term.
PERFORMANCE
5. The Parties agree that the evaluation of the Services Provided are not based on the revenue made but on the completion of the Services Provided. There is no guarantee of revenue, profit, or protections against loss. Advertisements, case studies, and testimonials run by ecomflame.com are not an indication nor projection of future results for the Client.
CREATIVE CONTROL
6. The Parties agree that the Service Provider has full creative control on product selection, content on the website and its design, content of the advertisements, and how ads are launched and ran. Parties agree that the Service Provider has the Client’s best interest in mind when working on the services provided. Work cannot be edited once completed.
CLIENT TASKS
7. Parties agree that there are some tasks that the Client will have to complete for the Service Provider to be successful in completing the agreed upon services. This may include but not limited to opening a new email address, opening a Shopify account, opening social media advertising accounts, subscribing to a Shopify plan, adding a payment method to advertising accounts, covering ad expenses/other miscellaneous expenses and anything else the Service Provider might need. The Client will also grant full admin access to the store, email, and advertising accounts.
RESPONSIBILITY
8. Parties agree that Facebook, Instagram, TikTok, and Snapchat may disable/restrict advertising access for no reason at all. Parties agree that The Service Provider is not responsible for restricted or disabled ad accounts.
NOTHING OWED
9. The Parties agree that the Service Provider is under no obligation to conduct nor complete services other than the services listed in section 1 of this agreement. The Parties agree that the services listed in section 1 are the only services to be completed.
TERMINATION
10. This Agreement may be terminated in the event that any of the following occurs:
- Â Immediately in the event that one of the Parties breaches this Agreement.
-  This Agreement will automatically end upon the completion of the provision of the Services and payment.
-  If the Services A-C are not completed within 90 days of the final payment. In this case, the Client is eligible for a refund.
MONEY BACK GUARANTEE
11. If the Client's store does not generate at least $10,000 in net profit within 12 months of the first ad campaign being launched, then the Client is eligible for a refund. This refund is only offered after 12 months have passed since the launch of the first ad campaign and that the client has followed all recommendations made by the Service Provider.
INTELLECTUAL PROPERTY
12. The work that Service Provider does on behalf of Client is a non-tangible piece of intellectual property. Once the services provided has started, the Service Provider can never get that back and the Client can never return it to the Service Provider. It’s the Client’s forever. It’s for this reason that Service Provider does not offer refunds once work has begun.
RELATIONSHIP OF THE PARTIES
13. The Parties agree that this is a non-exclusive agreement and that the Parties are regarded as independent contractors.
AMENDMENTS
14. The Parties agree that any amendments made to this Agreement must be in writing, where they must be signed by both Parties to this Agreement.
15. Accordingly, any amendments made by the Parties will be applied to this Agreement.
ASSIGNMENT
16. The Parties are not entitled to assign the responsibilities that they have under this Agreement to anyone else, unless both Parties agree to the assignment and provide such agreement in writing.
ENTIRE AGREEMENT
17. This Agreement contains the entire agreement and understanding among the Parties to it with respect to its subject matter, and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to its subject matter. The express terms of the Agreement control and supersede any course of performance and/or usage of the trade inconsistent with any of its terms.
SEVERABILITY
18. In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain in force in accordance with the Parties’ intention.
GOVERNING LAW
19. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Texas.
WAIVER
20. The waiver by either Party of a breach, default, delay, or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.