Contractor Terms of Service Agreement

This document is a legal agreement between MBK Marketing LLC and you to provide certain Advertising Services ("the Service") on the NHContractors.com Website. By registering for this Service, you agree to be bound by the terms of this Agreement, including future revisions and to use the Service in compliance with the terms of this agreement.

1. Definition of Service

MBK Marketing LLC is the provider of the NHContractors.com Website which provides Contractors with advertising listings in a New Hampshire Statewide Contractor Directory format. The service consists of providing Email Phone messages and Project Inquiry Emails from potential customers once they have seen an advertisement listing on the website.

2. Account requirements

You must create an advertiser's account to use our Advertising Services. Our Advertising Service is for individuals that are at least 18 years old. You must provide accurate company information and report any changes to this information immediately. You must provide a valid and current credit card or PayPal account to be used for account billing. You must have a valid Email address to receive Email phone messages and project inquiries. You also acknowledge that it is your sole responsibility to make sure your Email settings will allow receipt of these Emails and that your Email address is current in your account profile. Termination of your Email service does not constitute credit for Email leads which are sent to you and returned because of an invalid, blocked or terminated Email address or account.

3. Privacy Policy

Except as otherwise expressly provided for in this Agreement, this Service is subject to MBK Marketing's Privacy Policy which is expressly made a part of this Agreement. If you have not already read it, please click on the link above.

4. User Account information, password and security

a. Upon registration as an advertiser with NHContractors.com, you will be assigned a login name, password, and other account information. You are the only authorized user of the Service. You must keep your password confidential so that no one else may access your account. It is your sole responsibility to safeguard your username and password. You agree to notify MBK Marketing immediately in the event that you discover any unauthorized use of your account. MBK Marketing will not be held responsible for any losses arising out of the unauthorized use of your Account. b. You agree to provide accurate and up-to-date billing and contact information in your account. You agree to allow MBK Marketing to store this account information including credit card information for the purpose of using this information to bill your accrued account fees to your credit card or PayPal account on a monthly basis. MBK Marketing shall employ reasonable security measures to protect your account information, but you agree that submission of this information to MBK Marketing is at your sole risk and you agree to release MBK Marketing from any and all liability for any loss resulting from unauthorized use of your account information.

5. Agreement to Pay

a. Payment for Email Phone Voicemail messages and Email project inquiries- You agree to pay for all Email Phone Voicemail messages and Email project inquiries that result from your contractor advertisement on NHContractors.com up to the stated monthly spending limit that you have designated in your account profile. You agree that MBK Marketing may charge your credit card or PayPal account for these Emails as applicable, and for any additional amounts such as the initial account activation fee and annual maintenance fees associated with your Account. All fees will be billed to the credit card, or the PayPal account, you designate during the sign-up process. You may change your billing and payment method by logging into your account and changing your payment profile. You agree to pay these charges on time. b. MBK Marketing reserves the right to change its prices and services at any time. Current advertising rates and other fees can be found here MBK Marketing reserves the right to alter listings, remove or edit any material on the site, at any time in its sole discretion without notice or liability. MBK Marketing also has the right to monitor any information provided by you in your user account, advertising listing, and any postings you may submit on the forum, and to take appropriate action, at its sole discretion if any part of this agreement is violated in any manner. c. Your use of our Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS.

6. Delivery of Phone messages and E-mail project inquiries

On occasion, technical problems may delay or prevent delivery of your Phone Messages and Email project inquiries. Your exclusive and sole remedy with respect to phone messages or Email inquiries that are not delivered within 48 hours of receipt will be a refund of the price paid for the phone message or Email. All billing disputes should be directed to the Customer Service Department at (800) 506-3570 Ext.701. All billing disputes must be made in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.

7. Termination of Services

MBK Marketing may terminate this Agreement, your password, your account, or your use of the NHContractors.com advertising services for any reason, at any time, with or without notice to you, without limitation, if MBK Marketing, in its sole discretion, believes you have violated any part of this Agreement. You will remain liable for all amounts due under your Account up to and including the date of termination. MBK Marketing will not be liable to you if it chooses to enforce these rights.

8. Limit of Liability and Disclaimer of Warranty

The Advertising Services provided by MBK Marketing LLC, Inc are provided without warranties of any kind. There are no guarantees that the use of these Advertising Services will result in any benefits of any kind. In no event will MBK Marketing LLC, its owners, officers, employees, agents, contractors or affiliates be held liable for any direct, indirect, incidental, or consequential or punitive damages, including but not limited to lost profits or opportunities, arising out of the use or the inability to use these services, errors or omissions, or any loss incurred as a result of negative customer reviews, or other content posted on the site, even if MBK Marketing LLC has been informed of the possibility of such damages, or for any claims by any other party.

9. Waiver and Indemnity

As a condition of use of this Advertising Service, you expressly agree to indemnify MBK Marketing LLC, its owners, officers, employees, agents, contractors or affiliates against any and all liability, expenses (including attorney's fees) and damages arising out of claims resulting from your use of this Advertising Service or any content on the site, including but not limited to third party customer reviews or any other content posted on the site.

10. Notification of Changes

You expressly agree that we may send you Service update notices via email message to the email address listed in your account contact information, or by letter via the US postal service to the contact address listed in your contact information, or by a posting on the notice on the www.NHContractors.com Website. All notices shall become effective immediately unless otherwise noted.

11. Jurisdiction

This Agreement is governed by the laws of the New Hampshire, USA. You expressly agree to the exclusive jurisdiction and venue of courts in Carol County, New Hampshire, USA in all disputes arising out of or relating to the use of the Website www.NHContractors.com and our Advertising Service.

12. Entire Agreement

These Terms of Service constitute the entire Agreement between you and MBK Marketing LLC. Failure of MBK Marketing to enforce any provision of this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Any rights not expressly granted herein are reserved.