OVERVIEW
Agreement revised 7/21/18
This is the official Terms of Agreement of MPowered Christian, on behalf of MPowered Living, Inc. (hereinafter referred to as “MPC”). Unless otherwise stated within a written and signed Agreement between MPC and our Clients, these are our Terms. By hiring MPC, you agree to these terms and conditions.
Our corporate postal address is:
AGREEMENTS
When we begin a project we require approval of our terms in 1 of 2 ways (for your convenience) :
- The signing of a written Project Agreement outlining the project details, timelines, and fee schedules. Terms set forth within any online Membership Agreement or Sales Agreement take precedence over the terms outlined here.
- You request a simple project either written or orally and we create an invoice that outlines your membership or advertising details and deposit/retainer fees.
If a signed Agreement does not exist between MPC and you, then you agree to the Terms outlined within this web page.
PAYMENT:
Invoices are payable upon receipt. (We appreciate our clients that value our business relationship and pay their invoice as soon as possible.) Overdue payments shall be subject to interest charges of the maximum amount permitted by State laws, per month after 30 days.
In the event that Client’s account has an overdue balance, MPC reserves the right to withhold ownership of assets, suspend memberships, etc (including public access to accounts) until Client balance has been paid in full.
FEES AND PAYMENT METHODS:
We accept Visa, MasterCard, Discover, American Express, and PayPal. (PayPal will also allow many banks to pay via a direct Bank Transfer). Invoices may be paid online.
Client agrees to pay the agreed upon purchase price as outlined within the signed Project Agreement for the usage rights granted. Client agrees to pay sales tax, if required. Client agrees to pay overdue payment penalty charges, if applicable. There will also be a $35 NSF Fee applied to returned checks.
DEPOSITS & PAYMENT SCHEDULES:
For Online Advertising, Training Center Memberships, website hosting, maintenance, and support packages, you may setup an automatic subscription with a credit or debit card, PayPal or bank account that allows for the automatic debit of your monthly cost.
OWNERSHIP:
Design Documents created for Advertising or Membership promotions including, but not limited to, sketches/comps, designs, illustrations, website proofs, custom marketing/advertising ideas/concepts, and all other design documents are the exclusive property of MPC. Exclusive copyright of these materials is reserved by MPC; upon full payment of all fees and costs, Client is granted the right to use the designs contained in these materials specified in project contract only. All other rights remain the exclusive property of MPC.
RIGHTS AND USAGE:
Upon receipt of full payment, MPC grants to the Client the following rights listed within the signed Project Agreement. All rights not expressly granted within the signed Project Agreement are reserved to MPC, including but not limited to all rights in sketches, comps, proofs, or other preliminary materials created by MPC. If Client wishes to make any additional uses of the Designs not outlined within the signed Project Agreement, Client agrees to seek permission from the Designer and make such payments as are agreed to between the parties at that time.
CANCELLATION FEE:
In the event of your cancellation of this project, or any delay of more than two months, we will invoice you for the greater of either: 1) all work completed up to the date of written notification, including expenses; or 2) the amount of any advance deposit made for this project. All work will remain our property, but will be available if the project should be resumed at a later time.
RELEASES:
The Client agrees to indemnify and hold harmless MPC against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Designs at the request of the Client for which no copyright permission or privacy release was requested or uses which exceed the uses allowed pursuant to a permission or release.
ARBITRATION:
All disputes arising with MPC projects shall be submitted to binding arbitration in Clearwater, Florida and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. Disputes in which the amount at issue is less than $250 shall not be subject to this arbitration provision.
MISCELLANY:
This Agreement shall be binding upon MPC and all MPC Clients hereto, their heirs, successors, assigns, and personal representatives, and superceded only by actual written and signed Agreements between MPC and Clients. These terms constitute an understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be governed by the laws of the State of Florida.
