Agreement, Terms and Disclaimers

While I don't like putting a legal document between us, it is just part of doing business. You probably use agreements and legal documents in your own business. By having this agreement in place, I can concentrate totally on your project and on doing a great job for you.

Upon hiring us, you agree to the following terms and conditions.

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 agreement is in effect immediately and indefinitely, and supersedes all other agreements made, be it explicitly or implicitly.

This agreement refers to products sold, or services performed, or services promised to be performed, by Power Communications LLC or any of its representatives and assigns.

We will send you a questionnaire to fill out to help us better serve you. You must fill this document out and return it to us. Failure to respond to the mandatory questionnaire does not constitute a lack of this agreement. All clients, all projects, and all services performed fall under these terms without exception or substitution.

1. NATURE OF WORK

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 that we mutually agreed to in email and/or telephone call(s) or other forms of communications. We work on a first come, first serve basis and your project is put on our schedule. Unless agreed to otherwise, Susanna Hutcheson will personally write your sales copy.

You will provide all the information necessary to write your sales copy. This information must be submitted prior to the beginning of your project. Most of the information we need is on the questionnaire you will fill out. We will not accept new information or new research after the project starts unless you want to pay an extra fee. It is your responsibility to provide all necessary information needed. If you want us to do research or use other sources than you, there is an extra fee.

1a. REVISIONS

You can accept the polished copy submitted to you, or take three (3) days to read it over, check it for factual accuracy and ask for any edits or tweaks. We will give you one (1) free revision if you ask for it within three (3) days of our submitting the finished copy to you. We will not do a complete rewrite. A revision includes the following: correction of typos, misspellings or correction of factual errors. If there is a word or small section of wording with which you are uncomfortable, we can change that as long as it won’t harm the sales message. For your sales copy to have a chance to produce excellent results, you must use it as we write it. After one (1) free revision or three (3) days, whichever comes first, our work for you is finished and the assignment ends. Any additional revisions or work will be charged at the rate of $400 per hour with a two-hour minimum.

1b. CHANGES TO ASSIGNMENT

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), you will be billed a consulting fee of $400 per hour.

 

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

We do not give refunds at any time, for any reason, either partial or full. No exceptions.

4. FEE

Your fee is due and payable in full, in advance. We accept credit or debit cards through Amazon Payments. We also accept Company Checks, money orders and certified checks. We accept wired funds. Clients outside the United States must pay by credit card or wired funds. We do not accept personal checks. 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 $400 per hour. All fees must be paid in full before we give you the copy.

5. RELATIONSHIP

You acknowledge that we are entering into this agreement 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.

6. RESPONSIBILITY

 

While we do our best to ensure accuracy, we are not lawyers. You are solely responsible to have the work we perform 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. Also, you are responsible for making sure the copy has no errors after we finish it. Our responsibility ends when we turn the copy over to you.

7. 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. In addition, if you send us your product or other items and want them returned, you will pay for return shipping and any other expenses related to that return. You understand that you may be required to pay for these expenses upfront.

8. WARRANTY

You agree that Power Communications LLC is under no obligation whatsoever to you, your company, your representatives or your assigns beyond the scope of this agreement. 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.

We can’t guarantee specific results, like a certain number of sales or a specific increase in con­version rate. It’s impossible since we’re not intimately involved with your business and cannot control how you intend to use the copy we’ve prepared for you. Everyone’s different and there are too many variables to make such a predictive commitment.

 

9. 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.

10. CHARGEBACKS AND RETURNED CHECKS

Should a chargeback be issued by accident or on purpose, or a check be returned for any reason, we will attempt to resolve the situation with you. If the chargeback is still processed, or check remain bad, we will forward the case to a Collection Agency and report the abuse to the ChargebackProtection.org database and all the other online databases, Web sites, credit bureaus and the appropriate authorities. The information reported will include your name, email address, agreement date, amount owed, IP address, full address, phone number and possible other information.

11. KILL FEE

In an effort to assure you of prompt service, please submit all requested information to us within 15 days. If it isn't submitted within that timeframe, the project will be considered abandoned and a 100% kill fee will result. We will then have no further obligation to you and you will forfeit any money paid to us. A 100% kill fee also applies if you cancel the project. We had to give up another client in order to be available to you. A kill fee is the only fair way to compensate us.

12. 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 helps prevent misunderstandings. Moreover, we may need to use quotes from you and want an accurate record so we can quote you correctly.

13. RESPONSIBILITY FOR FINISHED COPY

Once we submit the sales copy to you and the project ends, you are responsible for the safekeeping of the copy. While we keep copies of everything we write, we are not responsible for locating your copy and sending it to you should you misplace it or delete it. We suggest you make hard copies and keep several copies in numerous places.

 

14. PROMOTIONAL USE

 

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.) We do not, however, offer samples of telemarketing scripts or any writing we do that is not intended for the public. Most of the writing we do, by its nature, is intended for the public to see, such as a website or a direct mail letter, etc.

 

15. LEGAL DISPUTES

If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Wichita, Kansas. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to a mutually agreed-upon arbitrator in Wichita, Kansas. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.

16. FAX AND ELECTRONIC SIGNATURES ACCEPTABLE

Signing this document electronically is legal and binding and will be enforced as if the signatures and the document were the originals and were made in person.

17. CONFIDENTIALITY

We will keep all private information you give us confidential. You agree to keep this Agreement confidential in perpetuity and to prevent this Agreement, in whole or in part, from falling into the public domain or into the possession of unauthorized persons.

18. APPLICABLE LAWS

The above agreement supersedes all other agreements, whether implied or stated, and is construed under the laws of the State of Kansas in the United States of America and shall be governed by the laws of the State of Kansas in The United States of America.