Terms of Service
POWR DIGITAL MARKETING (or "POWR") WILL PROVIDE:
1. Design and Development services: digital marketing, website design and development.
2. Installation of Web pages on POWR Digital Marketing server.
3. Monthly technical hosting, maintenance, and updates.
TERMS & CONDITIONS:
1. CONTENT - Final text shall be supplied by Client via electronic mail (e-mail) or computer-readable file.
2. PAYMENT – All services agreed to in this contract, shall be sold as a package for the price specified on this site. Payment shall be by credit card or debit card and made payable to POWR Digital Marketing.
3. PAYMENT TERMS – Applicable set-up fees and first and last month of service is required to commence work. Monthly fees are to be paid on or before the first day of the month of services to be rendered. Monthly fees will recur automatically 30 days from commencement of work.
4. REFUND POLICY – POWR does not offer refunds for contracted work already in process and completed. No payment will be refunded once the client approves proposal, and we move into the client’s project development. No previous deposit will be refunded.
5. PRODUCT OWNERSHIP - All works created by this service, including verbiage, graphics, and coding, are copyrighted property of POWR Digital Marketing. Client may request and use copies of site text without restriction. Website and mobile application graphics, coding, and scripts will not be released to Client and may not be used by Client without prior written consent of POWR.
6. PAYMENT OF FEES - Payments are due on the determined billing date by credit or debit card. Delinquent bills will be assessed a $25 late charge if payment is not received within thirty (30) days of the due date. If an amount remains delinquent sixty (60) days after its due date, an additional 10% penalty will be added for each month of delinquency. POWR reserves the right to remove services from viewing on the Internet until final payment is made.
7. TERMINATION - The initial term of this Agreement is one month and shall automatically renew for successive one month terms. Either party may terminate this Agreement at any time upon at least 30 days’ written notice to the other party.
8. ENTIRE UNDERSTANDING
This contract constitutes the sole agreement between POWR and the Client regarding its Digital Marketing Service. It becomes effective only when signed by both parties. This agreement shall be governed and construed in accordance with the laws of the State of Georgia.
POWR Digital Marketing (“POWR” or “We”) is an Internet enabled service dedicated to assisting you in just about every facet of your day to day business web-based marketing activities.
3. OWNERSHIP. This site, together with the arrangement and compilation of the content, is the copyrighted property of POWR Digital Marketing. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrights without the written permission of POWR Digital Marketing. 'POWR Digital Marketing,' 'POWR,' and all related logos, products and services described in our website are copyrighted materials. You may not copy, imitate or use them without POWR Digital Marketing prior written consent.
4. ELIGIBILITY AND AUTHORIZATION. To be eligible for our Services, you must be at least 18 years old. When signing up for our services, you authorize POWR Digital Marketing, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your information against third party databases or through other sources.
5. FEES FOR USERS: Fees for services can be obtained by contacting POWR Digital Marketing. We reserve the right to change our fees at any time. Changes to our fee schedule are effective after we provide you with at least fourteen (14) days' notice by posting the changes on the Site or contacting you through the email or mailing address listed in your account. Changes in fees for current customers or clients become effective at the beginning of their next billing period. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.
6. GIFTS. Gifts may be purchased to be gifted to a third party. Gift may be purchased as plan subscription or hourly plans. Once purchased the user register to use their gift within 30 days. Gift cannot be exchanged for cash value.
7. CLOSING YOUR ACCOUNT. You may close your Account at any time by contacting an POWR Digital Marketing Representative. If your account is not closed before your next billing cycle, your account will be renewed. Inactive, unpaid accounts will be automatically closed after 6 months.
8. TERMS OF USAGE. The services that POWR Digital Marketing provides are strictly for the registered user only. We will not be held accountable for any information that is used by a third party not privy to this agreement.
9. EXCLUSION OF WARRANTY. POWR Digital Marketing AND ANY THIRD-PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN 'AS IS' BASIS. POWR Digital Marketing AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. POWR Digital Marketing WILL NOT BE HELD LIABLE FOR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT OR DATA PROVIDED TO ANY INDIVIDUAL OR FOR ANY BUSINESS, INVESTMENT, COST, OR LOSS ASSOCIATED WITH THE INFORMATION WE PROVIDED. NEITHER POWR Digital Marketing NOR ANY THIRD-PARTY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM POWR Digital Marketing ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY. POWR Digital Marketing assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images, video or audio from the site. We are also not responsible for any loss attributed to our failure to provide timely reminders to our users. In no event shall POWR Digital Marketing or any third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, or (ii) the performance or non-performance by POWR Digital Marketing or any third party providers, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.
11. LIST OF HOLIDAYS: Our office will be closed on primary United States-based holidays, including New Year’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
12. NONDISCLOSURE. The terms of the user agreement govern the disclosure of information by and between POWR Digital Marketing, (the “Recipient”) and you, the new member (the “Discloser”) as of the date of this membership signup.
The parties are willing to disclose such information to each other on the condition that the recipient of the information does not disclose the same to any third party nor make use thereof in any manner except as set out below.
In consideration of such disclosure to each other, it is agreed by and between the parties hereto as follows:
I. HANDLING OF CONFIDENTIAL INFORMATION: The receiving party undertakes to treat as strictly confidential and not to divulge to any third party any of the information disclosed by the other and not to make use of any such information without the disclosing party's prior written consent. The obligations of confidentiality and non-disclosure will be honored even after the termination of this agreement, except as required by governmental authorities.
II. DEFINITION OF CONFIDENTIAL INFORMATION: As used herein, “Confidential Information” shall mean any and all technical and non-technical information provided by either party to the other, including but not limited to, trade secrets, information related to current, future, and proposed products and services of each of the parties, and including, without limitation, their respective information concerning research, experimental work, development, financial information, customer lists, employees, business and contractual relationships, sales and marketing plans.
III. EXCEPTIONS TO CONFIDENTIAL INFORMATION: The above undertaking shall not apply to:
a. Information which after disclosure by the disclosing party is published or becomes generally available to the public, otherwise than through any act or omission on the part of the receiving party;
b. Information which the receiving party can show was in its possession at the time of disclosure and which was not acquired directly from the disclosing party;
c. Information rightfully acquired from others who did not obtain it under the pledge of secrecy to the disclosing party.
d. Information which at the time of disclosure is published or otherwise generally available to the public.
IV. RESIDUAL KNOWLEDGE: The terms of this Agreement shall be deemed to apply also to the employees or agents or legally associated entities of the receiving party who shall require their said employees or agents or legally associated entities to observe the foregoing obligations.
V. NO GRANT OF RIGHTS: Neither the execution of this Agreement, nor the disclosure of any Proprietary Information hereunder, shall be construed as granting either expressly or by implication, estoppel or otherwise, any license under any invention or patent now or hereafter owned by or controlled by the parties.
13. INDEMNIFICATION. You agree to defend, indemnify and hold POWR Digital Marketing, its officers, managers and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third-party due to or arising out of your breach of this Agreement and/or your use of the Services.
15. ATTORNEY'S FEES. If POWR Digital Marketing takes any action to enforce this Agreement, POWR Digital Marketing will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees, costs, and any cost of arbitration, in addition to any other relief, at law or in equity, to which such parties may be entitled.
16. WAIVER. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
17. TERMINATION. POWR Digital Marketing may terminate this Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which POWR Digital Marketing may be entitled, at law or in equity. Upon termination of this Agreement and these terms and conditions, all rights granted to you will terminate and revert to POWR Digital Marketing as applicable.
18. NON-SOLICITATION. You shall not solicit any employees who are under contract with POWR in the United States or in our other International locations regardless of if they are dedicated to your projects or to other clients for a period of twenty-four (24) Months after termination of your service contract with POWR. You further agree that, should you be approached by a person who is or has been an employee of POWR during the period described above, you will not offer to nor employ or retain as an independent contractor or agent any such person for a period of 2 years following the termination of their employment. If you default on this clause or wish to hire an employee under contract with POWR as your own employee, a payment equivalent to 12 months of service from our full-time (40 hours/week) plan would need to be made to POWR prior to releasing the employee.
19. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
20. MODIFICATION. POWR Digital Marketing may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
21. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
22. ENTIRE AGREEMENT. This Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
Last Update on 28th September, 2017
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