Agreement, Terms and Disclaimers
By hiring Power Communications (in writing or
verbally) or submitting a payment, you acknowledge and agree to the following:
You,
otherwise known as the client, as well as any of your representatives or
assigns, agree to have read the following terms and disclaimers, to understand
them and to abide by them. This understanding is in effect immediately and
indefinitely, and supersedes all other understandings made, be it explicitly
or implicitly.
This understanding
refers to products sold, or services performed, or services promised
to be performed, by Power Communications LLC or any of its
representatives and assigns. You must fill out our questionnaire we will
send you, return it to our office. Failure to respond to the mandatory
questionnaire does not constitute a lack of this understanding. All clients,
all projects, and all services performed fall under these terms without
exception or substitution.
1. NATURE OF
Upon
receipt of your answers to our questionnaire and full payment, Power
Communications LLC will write or critique your copy,
as specified in your assignment and email and/or telephone or other forms of
communications. For copywriting or editing, you can accept the initial draft,
or you can have us revise the copy, as you have one or two revision(s) available to you, at no
charge, after delivery of the original draft. The number of revision you
have depends on the option you selected. If you agreed to the Single Draft
Version, you do not get any revisions or changes of any kind.
We will
write your sales copy in the most effective manner we possibly can. We make
every effort to get you the results you want. We do not guarantee results,
however.
You can
accept the initial draft as is, or take three (3) days (or 30 if your option calls for it) to
read it over and suggest any rewrites. If a rewrite is requested, and as long
as changes are NOT made to the original assignment or its scope,
one (1) revision or
2 revisions if your option calls for it will be made at no charge and a final
draft will be submitted. We make every effort to make revisions quickly. At the
end of three (3) days (or 30 days if your option calls for it) after we send
you the copy OR after one (1) revision, Or after two (2) we’re done. We have no further
obligation to you. ANY FURTHER WORK WILL COST YOU $375 PER HOUR.
THE
NUMBER OF REVISIONS YOU ARE ENTITLED TO AND THE NUMBER OF DAYS IN WHICH YOU CAN
RECEIVE ANY REVISIONS OR CHANGES DEPENDS ON THE OPTION YOU SELECT.
A
revision means we correct any incorrect statements made in the copy and/or make
any REASONABLE changes. It does not mean we will do a total rewrite. There is never a reason to rewrite copy I've written as it is written to high standards and intended to do the job for which is was written.
Changes
to the assignment or its scope, or if you need assistance (such as, but not
limited to, consulting to help you establish a strategy for your copy, or to
spend time discussing your project as to provide guidance), or if you need more
than the allowed-for revisions you will pay an additional fee of $375
per hour.
* Please note
that Power Communications LLC employs a team of select copywriters, researchers
and editors that work with us on your copy. They work closely with Susanna
Hutcheson, do the groundwork and follow her methodology, and Susanna reviews
everything personally.
2. DEADLINES
Unless
you paid a 50% “rush service” surcharge for meeting a guaranteed turnaround or
deadline (allow a minimum of
two (2) weeks with your rush project) there are absolutely NO
guarantees whatsoever to meet any timeframes. We’re
not responsible for any delays beyond our control. We do, however, attempt to get your project completed within two (2)
weeks from the day it’s started.
3. REFUNDS
Power
Communications LLC does not give refunds at any time, for any reason, either
partial or full.
4. FEE
YOUR FEE IS DUE AND
PAYABLE IN FULL, IN ADVANCE. YOU MUST EITHER OVERNIGHT THE FUNDS TO US OR WIRE
THEM TO OUR BANK WITHIN 48 HOURS. CLIENTS OUTSIDE THE UNITED STATES MUST WIRE
THE FUNDS TO OUR BUSINESS ACCOUNT OR PAY THROUGH AMAZON PAYMENTS. WE ACCEPT
MONEY ORDERS, CERTIFIED OR CASHIER’S CHECKS OR COMPANY CHECKS. NO PERSONAL CHECKS.
IF YOU SEND A COMPANY CHECK, YOU CAN ALSO PAY THROUGH AMAZON PAYMENTS. NO
WORK WILL BEGIN UNTIL CHECK CLEARS. ALL FUNDS ARE IN U.S. DOLLARS.
Any
additional work on the same project, including additional copywriting, extra
consulting work related to the project, or changes to the project’s original
length or scope, will be billed at the going rate of $375
per hour. All fees must be paid in full
before we give you the copy.
5. COPYRIGHT
Once your
account is paid in full, copyright of the completed
work will be automatically transferred to you. Should you stop payment on a
check or otherwise cause payment to not be paid, full copyright reverts back to us.
6. RELATIONSHIP
You
acknowledge that we are entering into this understanding with you or your
company, or with your representatives or assigns, as an independent contractor
and not as an employee. As such, Power Communications LLC, its representatives
or employees will not be considered an employee of your company or business
with regard to any laws, such as (but not limited to) federal, state or local
income tax withholding laws.
7. RESPONSIBILITY
While we
do our best to ensure accuracy, we are not lawyers. You are solely responsible
to have the work reviewed by a legal professional, and for any copyright,
legal, patent or trademark protection registration. Unless agreed otherwise,
any sensitive information, not disclosed to the public but disclosed by either
party to each other, will remain confidential indefinitely.
8. PROMOTIONAL USE
If
satisfied with our work, YOU WILL WRITE A POSITIVE TESTIMONIAL OR REFERENCE
LETTER once the work is completed. You can also provide an audio testimonial if
you prefer. We often provide a link to your Web site when you do. We’re not obligated to do so, however. You also agree that,
unless agreed otherwise, you grant Power Communications LLC the unlimited,
non-exclusive right to use copies of your work, at our discretion, for
promotional purposes or in any of our marketing efforts (such as, but not
limited to, a screenshot and your link on our websites). Please note! Notify us immediately if you do not agree
with this clause. Any limitations or restrictions can cause a change in the fee
structure. For example, there is a 100% surcharge for complete
confidentiality of a ghostwritten project.
9. EXPENSES
Although
there are typically no expenses with most projects (unless agreed otherwise),
you shall reimburse or advance Power Communications LLC for any and all
reasonable direct, out-of-pocket expenses incurred (or to be incurred), and
approved by you in advance, with respect to the performance of the services
outlined in the assignment.
Expenses
may include (but are not limited to) long distance phone calls, printing,
postage, copying, storage, audio and/or video recording, design work, etc. You
understand that you may be required to pay for these expenses upfront.
10. WARRANTY
You agree
that Power Communications LLC is under no obligation whatsoever to you, your
company, your representatives or your assigns. You also agree that we have not
expressed any promises, warranties or guarantees, either implied or stated, in
accordance with our work. You agree to indemnify and hold us harmless from any
claim resulting from work assigned to us, the publication of materials we’ve created or the use of those materials, in
any way.
11. LIABILITY
You agree
that Power Communications LLC is under no liability whatsoever to you, your
company, your representatives or any of your assigns.
You also agree that you shall defend, indemnify,
save and hold us completely harmless from any and all costs, losses, claims,
demands and liabilities, including all reasonable attorney’s fees, as well as
any liabilities asserted against Power Communications LLC, its representatives
or any of its assigns, that may arise or result from any service offered,
performed or agreed to be performed, or from any product or service sold by
you, your company, your representatives, your partners, your affiliates, or
your assigns, in any way.
12.
CHARGEBACKS
WE HAVE NEVER HAD A CLIENT
CHARGE BACK OUR FEES. NEVERTHELESS, WE HAVE TO PROVIDE FOR THE POSSIBILITY. SHOULD A CHARGEBACK BE ISSUED BY ACCIDENT OR ON PURPOSE, WE
WILL ATTEMPT TO RESOLVE THE SITUATION WITH THE CLIENT. IF THE CHARGEBACK IS
STILL PROCESSED, WE WILL FORWARD THE CASE TO A COLLECTION AGENCY AND REPORT THE ABUSE
TO CHARGEBACKPROTECTION.ORG DATABASE AND OTHER ONLINE DATABASES AND SITES AND
CREDIT BUREAUS.
THE INFORMATION REPORTED WILL INCLUDE
NAME, EMAIL ADDRESS, ORDER DATE, ORDER AMOUNT, IP ADDRESS, FULL ADDRESS, PHONE
NUMBER AND POSSIBLE OTHER INFORMATION. CHARGEBACK ABUSERS WISHING TO BE REMOVED
FROM THE DATABASE SHALL MAKE THE PAYMENT FOR THE AMOUNT OF THE CHARGEBACK +
$500.00 FOR PROCESSING FEES BY WIRE TRANSFER OR OTHER APPROVED METHOD FROM POWER
COMMUNICATIONS LLC WITHIN THREE WEEKS OF DATE OF CHARGEBACK. THE SAME APPLIES
TO STOP-PAYS ON CHECKS.
13. RECORDING OF PHONE CALLS
You agree to allow us to
record any telephone conversation we may have so that there is no
misunderstanding as to what you want. Sometimes in the course of
communications, important things go misunderstood. Recording our conversations
and having an email record should help prevent those misunderstandings.
14. APPLICABLE
This
Agreement supersedes all other agreements and understandings, whether implied
or stated, and is construed under the laws of the state of Kansas in the United
States of America.
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