Benjamin Moore Paint Store Services Agreement

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This Agreement is made as of the date of registration, between (“RETAILER”) and Agency Dominion Inc DBA Beam Local. (“BEAM LOCAL”), a corporation having its principal place of business at Toronto Ontario, Canada.

The services provided to the Retailer are governed by the Master Services Agreement entered into on September 10, 2020 (the “Effective Date”), by and between Benjamin Moore & Co. (“Benjamin Moore”) and Agency Dominion Inc. operating as Beam Local (“Provider”).

A copy of the master services agreement is available by request. Please email [email protected] to receive a copy of the MSA document.

The Retailer agrees that Shopify is a separate party and supplier of services. Any agreement reached by the Retailer and any 3rd party including but not limited to Shopify is separate from the terms of this agreement.

Nature of Services

 

Website (e-commerce)

BEAM LOCAL agrees to setup and configure a customized Shopify powered website for the RETAILER. It is also understood that the RETAILER is required into a separate agreement with Shopify in order for their website to function. BEAM LOCAL offers two packages of Shopify Powered websites; Better, and Good, it is understood that the RETAILER has been provided information or a demonstration of the features for each package and has selected one of the options. It is understood that BEAM LOCAL is a agency partner with Shopify providing custom development and consulting services using the Shopify platform.

 

Additional Details related to the product offering are subject to change and the most up to date information related to product and pricing can be found here: https://www.beamlocal.com/paint-stores/

 

Support Services

BEAM LOCAL offers a range of support services to help RETAILER setup their Shopify website. Support is available through email ([email protected]) and or telephone (1-855-831-4530).

 

BEAM LOCAL does not support advanced Shopify features including but not limited to; Marketing, Apps. BEAM LOCAL does not provide support for any 3rd party applications as part of this agreement.

 

Term

The RETAILER shall not be permitted to terminate this Order Form prior to thirty (30) days from the effective date of this Order Form (“Locked-In Term”). After the Locked-In Term, the Customer may terminate this Order Form for convenience by providing Beam Local n with thirty (30) days prior written notice. Upon the expiry of the Locked-In Term, this Order Form shall continue on a month to month basis until terminated by either Party. If the Customer terminates this Order Form during the Locked-In Term, then upon such termination, the Customer shall pay to Beam Local an amount equal to the monthly fees payable under this Order Form multiplied by the number of months remaining in the Locked-In Term.

 

Payments

Upon sign-up the RETAILER shall pay to BEAM LOCAL the sum of the initial set up fee agreed upon. The initial setup fee is non-refundable anytime past 60 days of signup. In addition the RETAILER agrees to pay the monthly services fee to BEAM LOCAL which is automatically billed through a credit card subscription service. The RETAILER agrees that these fees will be billed in Canadian Dollars.

BEAM LOCAL Representations, Warranties and Covenants

Notwithstanding The services provided to the Retailer are governed by the Master Services Agreement entered into on September 10, 2020 (the “Effective Date”), by and between Benjamin Moore & Co. (“Benjamin Moore”) and Agency Dominion Inc. operating as Beam Local (“Provider”). Performance of Services. BEAM LOCAL services hereunder will be rendered using sound professional practices by knowledgeable, trained, and qualified personnel in appropriate numbers to perform this Agreement in a timely fashion. BEAM LOCAL agrees to provide services, including any limited or unlimited service level agreements on a best effort, good faith basis. BEAM LOCAL reserves the right to limit services at their sole discretion for reasons including abuse of good faith, or an unreasonable request.

Developer Materials. BEAM LOCAL hereby represents and warrants that to its best knowledge the Developer Materials do not infringe a copyright, trademark or patent, nor any trade secret arising under applicable law.

Authority. BEAM LOCAL hereby represents and warrants that it has the power and authority to enter into this Agreement and that to its best knowledge there is no outstanding contract or commitment or legal impediment of any kind that conflicts with this Agreement or that may limit or impair the rights granted hereunder.

Contact

The services provided to the Retailer are governed by the Master Services Agreement entered into on September 10, 2020 (the “Effective Date”), by and between Benjamin Moore & Co. (“Benjamin Moore”) and Agency Dominion Inc. operating as Beam Local (“Provider”).

A copy of the master services agreement is available by request. Please email [email protected] to receive a copy of the MSA document.