For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the mutual promises made in this Agreement, the parties do agree as follows:

 

  1. Services. Skyler360 will provide Company with certain hosted web services, including lead management, and support applications for __ agents, in their business. Any additional agents will come at an additional cost.

 

  1. Term. Month to month. Company has the right terminate this agreement within 60 days advanced notice.

 

  1. Fees. Company shall pay Skyler360 monthly for the ongoing use of the services.

 

  1. Initial setup fee. $100

 

  1. Payment. Company will furnish either a valid credit card or direct bank debit. All fees are due and payable on the 15th of each month. If payment is not received by the 20th of the month service may be interrupted by Skyler360.

 

  1. Access. Company allows Skyler360 to access the Skyler360 associate directory and associate contact information within to promote the upgraded goods and services provided by Skyler360 and will not enter into any agreement limiting or prohibiting the associates’ use of these services.

 

  1. Indemnity. Each party indemnifies and holds harmless the other and its designees from all damages, claims, and expenses (including legal costs and attorneys’ fees) arising out of or connected with any claim, demand, or action by a third party, which claim is reduced to final judgment or settled with indemnifier’s consent (which shall not be unreasonably withheld), and which: a) is inconsistent with any agreement or representation made in this Agreement; or b) is caused by any acts of the indemnifier. Each party shall give the other notice of any claim to which this

indemnity applies, and each shall cooperate fully with the other in defending same. The indemnifier may participate in the defense of the claim at its own expense through counsel of its choice; however, final control and disposition of such claim shall remain with the indemnified party.

 

  1. Not Available Everywhere. Company acknowledges that some features offered by Skyler360 may not be available in every area. Specific features and technical integrations may be limited by local MLS or real estate association rules.

 

  1. Additional Features. Extended features and integrations of the Skyler360 system may require additional development and implementation costs. Availability and support for these requested integrations will be identified in a separate agreement. Any costs associated with extended features or integrations requested by Company that require additional equipment, third party fees or surcharges will be paid for by the Company.

 

  1. Customization & Setup. Though the Skyler360 system is a standardized product, the exact appearance, required processes, available features, and security plans are customized by the Company. Periodic enhancements and expansions of the Skyler360 system will be introduced without prior consent by Company. Skyler360 will announce and identify key updates as they are released. Specific changes that require a change to plan features or prices will not be released or announced to associates until an associated amendment to this agreement has been signed.

 

 

  1. Data Loss Prevention. Skyler360 recognizes the critical need for the associated data and files created by the Company to be adequately archived and preserved. Despite practices of the backup process, Skyler360 is not liable for any damages incurred by data loss or misinformation

 

  1. Service Availability. The Skyler360 system is designed in the classic web service provider model. The services are connected to the Internet via dedicated broadband connections that are redundantly linked. Skyler360 is not responsible or liable for any damages incurred due to services that are unavailable. The Company can expect an annual availability expectation of 99.99% uptime with exception to unforeseen catastrophic failures or natural disasters. Support is handled through a ticket system that can be accessed by sending an email to support@Skyler360.com.

 

Standard support is included for 3 month after purchase. A support representative will respond as soon as possible to your request. Standard system support is handled via email from 8am-5pm for Mon-Fri, Central Time. Response time is typically no later than 3 business days.

 

Where service is unavailable for a period in excess of twenty-four (24) hours, Skyler360 shall refund to Company an amount equal to the pro rata daily rate for each such twenty-four (24) period or part thereof where service is unavailable.

 

 

  1. Notice. All notices to shall be sent to the individual designated in this paragraph at the address below by personal delivery; overnight courier with a signed receipt; certified or registered mail, return receipt requested; or facsimile with transmittal confirmation. Notices will be considered to have been given when they are personally delivered; deposited with the courier or mailed, according to the method used; or if by facsimile, at the time transmission is complete or if after 5:00 PM in the recipient’s time zone, the next business day.

 

Notices to Skyler360: Notices to Company:

Ron Sasson, Founder/ CEO

support@skyler360.com

 

 

  1. Governing Law. This agreement, its validity and interpretation, and all actions arising from it shall be governed by the laws of Texas, specifically Harris County.