Terms and Conditions 

These Terms and Conditions ("TAC") which was entered into on the date of payment, between PVCreators, 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 Exhibit A ("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.

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Refer to Exhibit A for the following:

·         Scope of Work

·         Deliverables

1.         Cancelation.   The Customer may cancel this contract within the first 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 terms and conditions 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), Contents that are uploaded on Customer's social media platforms, but any other assets developed for the Customer and are not uploaded are service provider asset(s). Any type of changes in the contents that were upload has a fine of $900 per image. The contents that PVCreators made are only allowed to upload by PVCreators, and the customer only has the right to reshare them without any changes in pictures or videos details and captions. The customer needs to have separate permit and written release for any use even if they are going to use it on 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. Therefore, Customer 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.