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.