Terms of Service
This Terms of Service Agreement ("Agreement") is made and entered into by and between Empowering Creative, LLC ("Company") and the Client ("Client").
Empowering Creative, LLC provides digital marketing services, including marketing and video production projects, as well as monthly marketing services (the "Services"), to clients worldwide. By using the Services, the Client agrees to be bound by the terms and conditions of this Agreement.
The Company will provide the Services in accordance with the project details and specifications agreed upon by the Client and the Company. The Client acknowledges that the success of the Services is dependent on various factors beyond the Company's control, such as market conditions and the Client's cooperation and input.
- Payment Terms
The Client will pay the Company the fees agreed upon in the project details and specifications. All fees are non-refundable, except as provided in Section 4 below. The Client shall make payment in full prior to the start of the Services, unless otherwise agreed upon in writing by the parties.
- Cancellation and Refunds
The Client may cancel the Services at any time by providing written notice to the Company (at least 30 days before the next billing cycle for monthly services). If the Client cancels the Services prior to completion of the project, the Client shall pay the Company for all work completed up to the date of cancellation, plus any costs incurred by the Company. If the client cancels before the end of the contract term, the client shall be subject to an early termination fee. The amount of the fee will be outlined in the contract and is based on the remaining value of the contract. No refunds will be issued for completed work.
- Intellectual Property Rights
The Client acknowledges and agrees that all intellectual property rights in the Services, including any content or materials created by the Company, belong exclusively to the Company unless otherwise agreed upon in writing by the parties. The Client may not use any content or materials created by the Company for any purpose other than the Services, unless otherwise agreed upon in writing by the parties.
The Client acknowledges and agrees that all information and materials provided to the Company in connection with the Services are confidential and proprietary to the Client. The Company shall keep all such information and materials confidential and shall not disclose them to any third party without the Client's prior written consent.
- Limitation of Liability
The Company shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Services, whether or not the Company has been advised of the possibility of such damages. The Company's total liability to the Client for any and all claims arising out of or in connection with the Services shall not exceed the fees paid by the Client to the Company for the Services.
- Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Any dispute arising out of or in connection with this Agreement shall be resolved exclusively in the state or federal courts located in Tampa, Florida.
- Entire Agreement
This Agreement constitutes the entire agreement between the Client and the Company with respect to the Services and supersedes all prior negotiations, understandings, and agreements between the parties, whether written or oral. This Agreement may not be amended except in writing signed by both parties.
By accepting the Services, the Client acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions.