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 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 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 LAWS

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.