These Terms and Conditions ("TAC") which was entered into on the date of payment, between Posts & Videos Creators, company ("Service Provider") and the payee. ("Customer", and together with Service Provider, the "Parties", and each, a "Party"), as it may be amended from time to time. This TAC is effective beginning on the date payee chose at the checkout point ("Effective Date") and will remain in effect for the months that were written in checkout point (“Contract Term”) beginning from the date the payment made unless earlier terminated in accordance with this TAC. Transactions performed under this TAC will be conducted in accordance with and be subject to the terms and conditions of this TAC.
Refer to Exhibit A for the following:
Scope of Work
1. Cancelation. The Customer may cancel this contract within 30 days of contract signing with full refund of the management fee (Costs are not refundable). After 30 days, the Customer is responsible for the full contract term.
2. Additional Work. If Customer requests Service Provider to provide services outside the scope of this TAC or the Proposal (Exhibit A), or if Customer changes the Proposal, Service Provider will issue a Change Order to be executed by Customer and Customer shall pay Service Provider the agreed Change Order hourly rate for the services provided. No Additional Work will be performed without a signed Change Order from the Customer.
3. Confidentiality. Service Provider acknowledges that it may be provided with certain confidential and proprietary customer information from time to time and agrees to maintain the confidentiality of this information and to return all confidential and proprietary information to Customer upon completion of services or termination of this TAC.
4. Limitation of Liability. Customer's sole remedy shall be specific performance of services paid for as detailed in the scope of work or a refund of all or a portion of the monthly fees paid but not earned pursuant on the TAC. Under no circumstances will Service Provider be liable to Customer for any amount greater than the total amount of fees paid for in advance by Customer and not earned by service provider. Service Provider will not be liable for special or additional damages resulting from loss of use, lost profits or business, goodwill, or other special and incidental damages potentially arising under the services and conditions contemplated hereunder.
5. Other Specific Terms and Conditions!.
This agreement shall be governed and construed under the laws of the State of California without giving effect to any conflict of law's provisions. Any legal suit, action or proceeding arising out of or related to this TAC or the services provided hereunder shall be initiated or filed exclusively in the superior court of California County of Los Angeles.
This agreement shall be binding upon the parties hereto, their respective personal representatives, heirs, successors and assigns and constitutes the full and complete understanding of the parties and shall not be altered, amended or otherwise changed except by the express written agreement of the parties.
Each party shall execute any instruments or documents at any time requested by the other party that are reasonable, necessary, or proper to effectuate this agreement.
If any part of this agreement is declared invalid, illegal or unenforceable, it shall have no effect on the enforceability, legality or validity of any other part of this contract.
No provision of this agreement is to be interpreted for or against any party just because that party or that party's legal representative drafted the provision.
If any legal action or Arbitration is instituted by either party to enforce the terms of this agreement, the parties agree that each shall pay his or her own legal expenses incurred including attorney's fees, costs and suit money at trial or appellate level. This paragraph shall be enforced irrespective as to which party prevails in an enforcement action.
This agreement may be executed in multiple counterparts, each of which shall be deemed an original agreement, and all of which shall constitute one agreement, by each of the parties hereto on the dates respectively indicated in the acknowledgments of said parties, notwithstanding that all of the parties are not signatories to the original or the same counterpart, to be effective as of the day and year first above written.
Customer shall own any deliverables as it pertains to their advertising, such as advertising account(s), website/landing pages, Social Media accounts, internet domain(s), content that are uploaded on clients social media platforms, but any other assets developed for the Customer and are not uploaded are service provider asset and Client needs to have a separate permission and written release for any use even if it's in their social media platforms.
In the case of termination by either party, the Service Provider is responsible for transferring all ownership rights to the Customer. Client needs to immediately change all the credentials of their social media or other sources that they gave to the service provider.
If not satisfied in the first 30 days, Customer can request a refund of the ads management fee only. Costs are not refundable.
Arbitration, Any dispute or controversy arising under or in connection with this agreement shall be settled exclusively by Arbitration, conducted before a panel of three arbitrators in Los Angeles, California, in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator's award in any court having jurisdiction; the expense of such Arbitration shall be divided equally.
The service contains:
8 hours of photography & videography per month. Additional hours will be billed at $120/hour. (location beyond 75 miles of PV Creators office will be billed at cost).
Create 90 posts per month for the Customer. Customer responsibility is to provide content material for Service Provider to design the post based on content material provided by the Customer.
The posts are a combination of the following:
Single JPG photos Design
3 Free, 2D Animations
42 Free, Logo Animations
Daily post on Instagram, Twitter and Facebook. Daily posts on Social Media Platforms will have similar content and message, and hashtags.
Upload all Videos on YouTube at a same time.
All posts will be in English. Other languages are available at additional fee of $300/month/Language.
Post description includes hashtag and a slogan/quote. Any other/additional post description billed separately. ($100/month/Language)
Targeted Followers on Instagram, we will setup 3 hashtags for you to target real audiences.
$100 Facebook and Instagram AD
Account Management Team
Post & Video Creators will dedicate an account manager and team of professional to the Customer. This team will be comprised of one photographer & one designer.
A Goal orientated meeting will be scheduled within 3 days of signing the contract to introduce the team, identify your business KPls, goals and areas of opportunities.
In fiduciary responsibility to the Client, it is important to understand that Service Provider typically does not limit services to a defined Terms and Conditions. Our agency views the Client/Service Provider relationship as a partnership and therefore makes all efforts to increase performance and profitability for the partners we serve. Within agency capability, we will provide additional services as needed.