Building Applications LLC|
P.O. Box 4172
Huntsville, Al. 35815
|Meeting the Internet and web design needs of the home building industry, Realtors, and small businesses. We Extend Your Company's Business Strategy and Marketing Branding using Internet technology. Then we put you in Control of your Web Site and E-mail.|
If you are interested in
feel free to contact us:
Building Applications LLC
3128 Johnson Rd.
Huntsville, Al 35805
This opportunity allows for multiple revenue streams derived from hosting, support, teaching, site set-ups, e-commerce store setups, advertising, affiliate links, e-mail management, domain registrations, and more that we currently have available or in development.
Primary responsibility of franchisee is sales, training, content collection, first level support and feedback on how to improve.
The Huntsville Franchise is currently managing over 300 clients in the Huntsville area with one support person who also handles all sales. Because of the reliability and nature of our back end software support calls average less than 5 a day and are resolved in an average time of less than 5 minutes. Most calls are related to password issues (I forgot my password) or e-mail issues that usually are caused by them not being on-line or an Outlook issue.
Currently operating franchises in Huntsville, Montgomery, Tuscaloosa and Baldwin County, Alabama.
The following is the initial agreement that we are developing for our franchises. It is not yet in a final form:
Click Here For Printable Version|
|STATE OF ALABAMA|| )|
|COUNTY OF MADISON|| )|
THIS AGREEMENT entered into between Building Applications, L.L.C.., an Alabama Limited Liability Company, having its principal place of business at 3128 Johnson Road Huntsville, Alabama 35805 and ________________ (Franchisee) having its principal place of business at _______________________.
WHEREAS, Building Applications, L.L.C.., an Alabama Limited Liability Company ("Building Applications"), is in the business of providing internet web based business solutions to companies and individuals; and
WHEREAS, Building Applications has developed a unique system of web-based products and services for clients who seek to expand their marketing and service capabilities using the internet; and
WHEREAS, Franchisee desires to act as an outside Franchisee of the web-based services and products developed by Building Applications; and
WHEREAS, the Franchisee is a ____________________ owned and operated by __________________ who has met the rigid standards which Building Applications demands.
- Nature of Franchise Term
- The Franchise. Building Applications gives and grants to Franchisee during the term of this agreement, a revocable, nontransferable Franchise to market and sell its internet based services and products, including its proprietary trade secrets, service marks, systems and procedures, and other items of a similar nature, solely and exclusively for the resale of Building Applications products and services. Franchisee recognizes and acknowledges that Building Applications is the sole and exclusive owner of the Building Applications trade name and agrees that it will not register or attempt to register such trade name or marks in its own name or that of any other firm, person, or corporation, and that he or she will not use the trade name stated above as any part of the corporation name. Immediately upon the termination of this agreement or the termination of any extension or renewal, Franchisee agrees to cease and forever abstain from using the trade name stated above and marks and return to Building Applications all documents, instructions, and the like bearing the trade name stated above or any of the marks.
- Term. The term of this Franchise shall be for one (3) years from the date of this agreement. The term begins as of the date that this Franchise Agreement is accepted and executed by an officer of Building Applications and the Franchisee. This agreement shall automatically renew unless Franchisee provides Building Applications with written notice, at least 60 days prior to the expiration of the Agreement, of its intention to cancel the Agreement.
- The cost of this Franchise to be paid by Franschisee is $25,000 to be paid when contract is agreed on and signed.
- Obligations of Building Applications
- Trade Names. Franchisee is given the use of the trade names Building Applications or any other service names or marks belonging to Building Applications subject to the terms and conditions of Franchisee's agreement with Building Applications . Provide website business applications, data management solutions developed and maintained by Building Applications. Authorized agent. Independent contractor
- Management Guidance. Continuing management consultation and guidance.
- Providing a 5 laptop training center configured to work with and demonstrate correctly Building Applications products, technology and services.
- Provision of new products and sources of cash flow opportunities as research and development makes them available.
- Pay for the first year of membership and help promote the effective use of area trade and business associations that will include but not be limited to the following:
- Area Chamber of Commerce
- Area Home Builders Association
- Area Realtors Association
- One chapter of Business Networking International (BNI)
- Duties of Franchisee. As an express condition of keeping the right to resell the products and services of Business Applications, Franchisee will perform all of the services required for its customers in a prompt and proper manner, maintain good relationships with all customers, and otherwise exercise good business practices and refrain from doing anything that would adversely reflect upon Building Applications. The duties of the Franchisee shall include:
- Be responsible for setting up appointments with potential clients of web-based services. This will include phone calling and cold calling customers in targeted markets as well as attending periodic industry and association meetings in order to meet potential clients.
- Participate in demonstrating Building Applications web-based products and services. Discuss with potential client's ideas for expanding their marketing and service capabilities using the internet. Present ideas to clients for establishing an internet presence that is well suited to their business and marketing image.
- Investigate and register domain names for new clients using on-line tools provided by Building Applications.
- Collect content information from clients including images on magnetic media, pictures, brochures, product information, logos and trademarks, text documents and any other items that will be used to enhance the client's internet presence. Collecting information will take several follow-up calls in order to gather enough material in order to have a good cross-section of the client's business.
- Scan documents and save in formats suitable for transferring to the web.
- Take digital pictures of client's products, place of business, etc. in order to incorporate in the clients web site.
- Communicate weekly with the home office (Huntsville) regarding status of sales and potential sales. Attend monthly sales meetings.
- Attend meetings and make use of membership in area trade and business associations.
- Achieve targeted sales goals.
- Compensation to Franchisee.
- Franchisee shall be paid at the rate of 40% on all setup sales by Franchisee based on amounts collected.
- Franchisee shall receive a monthly residual commission equal to 60% of monthly hosting and support service fees paid by clients solicited and maintained by Franchisee.
- Additional Provisions
- Compliance with Procedures. Franchisee agrees to follow all of the procedures as set forth in the manuals that have been made available to Franchisee and agrees to be bound by any and all changes that may hereafter be made, after 30 days' written notice. The changes may include improvements and refinements in the System, as well as adjustments and revisions in fees, collection procedures and Building Applications management policies.
- Payments Following Termination. Franchisee acknowledges and agrees that in the event of the termination, with cause, of the privileges and Franchises granted to him or her by Building Applications, all obligations of Building Applications to make any payments due Franchisee for services rendered shall cease. In the event that said termination is without cause, then such payments shall continue.
- Discontinuance of Use of Name. Should the Franchise be terminated for any reason whatsoever, Franchisee, in addition to his or her other obligations, agrees that he or she will immediately discontinue the use of all service names, service marks, and forms of advertising indicative of Building Applications (or such other Franchised name as Building Applications may require or approve) or the business or service of it, and will make or cause to be made such changes. Franchisee will assume all costs necessitated by the removal of any signs or other displays of the names or service marks of Building Applications and Franchisee will also pay all costs for returning any items belonging to Building Applications . At the election of Building Applications , upon termination, Franchisee agrees to assign to Building Applications its right to all telephone numbers used in the conduct of its business. In the event Franchisee fails to comply with the provisions of this paragraph, Building Applications may take whatever steps are necessary to effect complete compliance, and Franchisee agrees to reimburse Building Applications for any expense incurred including legal fees and costs.
- Ethical Practice. Franchisee will at all times conduct his or her business consistent with the highest ethical standards and refrain from compromising himself or herself, his or her clients, or Building Applications . Specifically, Franchisee states that he or she will not enter into any agreement with any client or other person to commit fraud upon any person, legal or business entity, or any agency of state, federal or local government.
- Registration, Franchises, and Permits. Franchisee will comply with any acts or laws requiring registration under an assumed name where necessary and procure any Franchises or permits that may be necessary to conduct the business contemplated here.
- Indemnification. Building Applications is not responsible or liable for the acts, errors, omissions, debts or other obligations of Franchisee, and Franchisee agrees to hold Building Applications harmless from same including attorney fees and any expenses incurred in the defense by Building Applications of actions arising directly or indirectly from the acts or omissions of Franchisee.
- Failure to Maintain Quality Service. If Franchisee fails to maintain the performance standards established by Building Applications as set out in Building Applications Procedures Manual or in this Agreement, or at the request of Franchisee, Building Applications will have the option of terminating this agreement.
- Remedy of Injunction. In the event Franchisee breaches the terms of this Agreement, Building Applications may elect to revoke any Franchise granted here, and apply to a court of competent jurisdiction for an injunction in appropriate cases.
- Termination or Cancellation of Agreement. The Franchise granted to Franchisee is revocable and can be suspended in whole or in part or terminated if the action or conduct of Franchisee is substantially adverse to the best interest of Building Applications or other Franchisees of Building Applications , or by the filing by Franchisee of any proceeding in bankruptcy or for reorganization either voluntary or involuntary, or by the disposition of any account without the express written permission of Building Applications, or by the material breach by Franchisee of any of the covenants contained here, if such breach continues for a period of ten (10) days following notification of the breach by Building Applications to Franchisee If during the training program, Building Applications in its best judgment determines that Franchisee will not be successful in conducting its work then Building Applications reserves the right to terminate the Franchise.
- Claims. Franchisee shall promptly notify Building Applications of any claim, demand, or action based upon or arising from, or of any attempt by any other person, firm, or corporation to use the Building Applications trademarks, trade secrets, copyrights, insignia, service marks or systems Franchised here, or any colorable variation, in which Building Applications has a proprietary interest and of which Franchisee has actual notice. In the event Building Applications undertakes the defense or prosecution of any litigation relating to the proprietary marks Franchised here, Franchisee agrees to execute any and all documents and do such acts and things as may, in the opinion of counsel for Building Applications , be necessary to carry out such defense or prosecution.
- Non Competition Agreement. In order to protect the systems, trade secrets, customer lists and confidential business information and knowledge acquired by Franchisee solely pursuant to this Agreement by Building Applications, Franchisee agrees as follows:
- Franchisee hereby agrees that during the term of this Agreement and for a period of twenty four (24) months from the date of termination of this Agreement, Franchisee will not, either individually or in conjunction with others whether as owner, stockholder, partner, consultant, advisor, officer, director, agent, employee or otherwise, solicit, call on, market, interfere or otherwise contact any customers of Building Applications or its accounts located within 50 miles of each and every geographical location then serviced by Building Applications, unless otherwise agreed by the parties in writing.
- Remedies. It is agreed that the covenants and agreement continued in Paragraph 1 hereof were an essential part of this Franchise Agreement and Building Applications would not have entered into this Franchise Agreement absent this covenant and agreement, that Building Applications would be irreparably injured by any material breach thereof by Franchisee and that Building Applications will, therefore, be entitled to enjoin the breach or threatened breach of this Agreement by Franchisee, although nothing herein shall be construed as prohibiting Building Applications from pursuing any other remedy for breach hereof.
- General Contractual Provisions
- Applicable Law. This contract and all documents executed in connection with it shall be interpreted and enforced in accordance with the laws of the State of Alabama. Franchisee and owners agree that they will not file any action against or attempt to impose jurisdiction upon Building Applications in any court or any arbitration locale not physically located within the State of Alabama.
- Nonagency. Franchisee is not an agent, employee, legal representative, or otherwise authorized to act for or on behalf of Building Applications as a result of this or other agreements with Building Applications and can neither act for nor legally bind Building Applications either contractually or otherwise. Franchisee is not authorized to make any agreement, warranty, covenant, or other representation on behalf of Building Applications or to create any obligation express or implied on behalf of Building Applications .
- Mandatory and Binding Arbitration. In the event a dispute cannot be resolved amicably, the parties mutually recognize and agree that it will be to their best interests that their differences be resolved with a minimum of time and money being expended commensurate with a due process hearing. To this end the parties agree that they will not file any lawsuits or claims against each other (except an action by Building Applications for possession of the accounts) without first submitting their grievances to mandatory and binding arbitration. Any controversy arising out of, or relating to, this agreement or any modification or extension of it, including any claim for damages or rescission, or both, shall be settled by arbitration in accordance with the rules, regulations and precepts then obtaining of the American Arbitration Association (AAA) in connection with commercial arbitration. Judgment upon the award rendered by the arbitrators may be entered in any state or federal court having jurisdiction. The parties further agree that all costs, including the AAA administrative fees as well as the arbitrator's fees, if any, stenographic records, and all other expenses of the arbitration, shall be borne equally by the parties. Further as part of the award the prevailing party shall be awarded reasonable attorney's fees against the losing party.
- The parties mutually agree that the Arbitrator shall, upon the application of either party, permit reasonable discovery in accordance with the Rules of Court which demand for discovery may be enforced by a party or the Arbitrator upon application to the Court for aid in arbitration. The situs of depositions of parties themselves and their employees shall be at their respective principal place of business.
- Savings Clause. The invalidity of any paragraph, covenant, provision or part here shall in no way affect the validity of any other paragraph, covenant, provision or part here.
- Completeness of Documents. No warranties or representations or other covenants exist that are not contained here. Except as stated herein, this contract includes all of the understanding between the parties, and there is no agreement other than the contracts. This contract cannot be modified by the parties except in writing.
- Cumulative Remedies. All of the remedies given to Building Applications in this Agreement are cumulative. The fact that Building Applications exercises any of those remedies or fails to exercise any remedies given shall not in any way affect its right to exercise those remedies at any future time or to exercise any other or additional remedies which at its sole option may be deemed necessary or appropriate.
- Gender. In the construction of this Agreement, when appropriate the plural shall be substituted for the singular, and vice versa, and the masculine for the feminine or neuter, or collectively.
IN WITNESS HEREOF, the parties to this Agreement have executed the same on this the ___ day of ______, 2002.
BUILDING APPLICATIONS LLC