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1.1 Acceptance of Terms: Welcome to Plant Powered Marketing. By engaging with our marketing services, you agree to these Terms of Service. If you do not agree to these Terms, you should not use our Services.
1.2 Amendments: We may revise these Terms from time to time. Any changes will be effective immediately upon posting on our website or as otherwise communicated to you. Your continued use of the Services after changes have been made constitutes your acceptance of the revised Terms.
2.1 Description of Services: Plant Powered Marketing provides a range of marketing services including, but not limited to, digital marketing, social media management, search engine optimization (SEO), websites build, advertising campaigns, and consulting. Detailed descriptions and scope of each service are provided in our Service Agreement or proposal.
2.2 Service Modifications: We reserve the right to modify, suspend, or discontinue any aspect of the Services, including adding or removing features, without prior notice. We will notify you of significant changes affecting your current services.
3.1 Information Provision: Clients must provide accurate, complete, and timely information required for us to deliver the Services. This includes access to relevant accounts, data, and
resources.
3.2 Feedback and Cooperation: Clients agree to provide timely feedback and approvals as necessary to facilitate the execution of the Services. Delays in providing feedback or approvals may impact project timelines.
3.3 Compliance: Clients are responsible for ensuring that any materials or content provided to us comply with all applicable laws and regulations, including intellectual property rights.
4.1 Pricing: The fees for our Services are detailed in the Service Agreement or proposal provided to you. All fees are subject to change with prior notice of 7 days. This notice applies to both increases and decreases in fees.
4.2 Payment Terms: Invoices are issued according to the payment schedule outlined in the Service Agreement. Payments are due within 3 days from the invoice date. We accept payment via Credit/debit cards, Bank account, Apple pay, Paypal, Venmo.
4.3 Late Payments: Late payments are considered after 3 days calendar after the invoice is sent, if payment is not received it will incur the right to suspend Services until payment is received.
4.4 Refunds: Refunds are not provided except as required by law.
4.5.1 Chargeback Policy: Clients are responsible for all payments due under the Service Agreement. If a client disputes a charge with their credit card company or bank, resulting in a chargeback, the client will be liable for the amount disputed, as well as any associated fees or costs incurred by Plant Powered Marketing as a result of the chargeback.
4.5.2 Resolution Process: Prior to initiating a chargeback, clients are required to contact Plant Powered Marketing to resolve any disputes regarding payments or Services. We will make reasonable efforts to address and resolve any concerns raised by the client. Chargebacks should only be initiated if all other resolution attempts have failed.
4.5.3 Fee for Chargebacks: In the event of a chargeback, a fee of 10% will be charged to cover administrative costs and processing fees. This fee will be added to the amount disputed and will be payable immediately.
4.5.4 Restoration of Services: If a chargeback is initiated, Services may be suspended until the chargeback amount, along with any associated fees, is resolved. This includes the potential suspension or termination of ongoing or future projects.
4.5.5 Legal Action: Plant Powered Marketing reserves the right to take legal action to recover any amounts disputed through chargebacks, including seeking damages, attorney’s fees, and any other costs associated with the chargeback.
4.5.6 Account Suspension: Repeated chargebacks or disputes may result in the
suspension or increase of the monthly payment of the client’s account or Services. Clients with a history of chargebacks may be required to make payments through alternative methods, such as wire transfer or upfront payments, to continue using our Services.
4.5.7 Notification: Clients will be notified of any chargeback-related fees or actions taken as a result of the chargeback. All communications related to chargebacks will be sent to the contact information provided in the Service Agreement.
5.1 Confidential Information: Both parties agree to keep confidential any proprietary or sensitive information shared during the course of providing or receiving the Services. This includes business plans, marketing strategies, and client data.
5.2 Disclosure Exceptions: Confidential Information may be disclosed if required by law, regulation, or legal process, or with prior written consent of the disclosing party.
6.1 Ownership of Work Product: Unless otherwise agreed, all work products, including but not limited to reports, strategies, designs, and content created by Plant Powered Marketing in connection with the Services, remain our property.
6.3 Client Materials: Clients grant [Your Agency Name] a non-exclusive, royalty-free license to use, reproduce, and display their materials for the purpose of performing the Services.
7.1 Term: These Terms commence on the date you accept them and continue until terminated by either party with a 30 days notice.
7.2 Termination for Convenience: Either party may terminate the Services upon 30 days written notice to the other party. Upon termination, you are responsible for paying for all Services rendered up to the notice date.
7.3 Termination for Cause: We may terminate the Services immediately if you breach any material term of these Terms, fail to pay fees as required, or engage in unlawful activities.
7.4 Effect of Termination: Upon termination, we will cease all Services and provide a final invoice for any outstanding fees.
8.1 Exclusions: To the fullest extent permitted by law, Plant Powered Marketing shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits or data.
8.2 Maximum Liability: Our total liability for any claims arising out of or related to the Services will not exceed the amount paid by you for the specific Services in question during the (time period) preceding the claim.
9.1 Client Indemnity: You agree to indemnify, defend, and hold harmless Plant Powered Marketing, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, liabilities, and expenses arising out of your use of the Services, including any claims related to your materials or content.
10.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles.
10.3 Waiver of Jury Trial: Both parties agree to waive their right to a jury trial in any action or proceeding arising under these Terms.
11.1 Updates: We may update these Terms from time to time. Any changes will be effective upon posting on our website or as otherwise communicated to you. It is your responsibility to review these Terms periodically.
12.1 Entire Agreement: These Terms, along with the Service Agreement, constitute the entire agreement between the parties regarding the Services and supersede any prior agreements or understandings.
