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Updated August 1, 2023
PMF Creative (“PMF Creative,” “We,” “Us,” “Our”) provides various business services, products, and goods through this Website (the “Service”). This Service is offered subject to Your acceptance of these Terms as well as any relevant sections of the PMF Creative Privacy Policy.
Please read these notice, terms, and conditions (“Terms”) carefully before using Our Service.
BY VISITING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU
a) HAVE READ THESE TERMS,
b) UNDERSTAND THESE TERMS, AND
c) ACCEPT AND AGREE TO BE BOUND BY THEM.
You must be at least 18 years old to access this Website or to purchase products and/or Services from Us.
You agree that You are accessing the Services on Our Website for business purposes. If You are using the Service on behalf of an organization (business, nonprofit, or church), You are agreeing to these Terms for that organization and confirming now to PMF Creative that You have the authority to bind said organization to Our Terms of Service (in which event, “You” and “Your” will refer to that organization)
If You do not agree with these Terms, or are under 18 years old, please do not use the Services or Our Website. If at any time You are not willing to be bound by these Terms, You should
a) click the “I do not accept” or similar button,
b) terminate any download and/or installation process,
c) immediately cease and refrain from accessing or using the program or services
d) delete any copies You may have.
SITE CONTENT
1. License. Subject to these Terms, PMF Creative grants You a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for Your own personal, non-commercial use. Unauthorized access to or use of the Site or the Content is a breach of these Terms and may be a violation of law.
2. Site Content. Unless specifically permitted herein, no information, materials, files, videos, or other content (collectively “Content”) comprising, contained in or distributed through the Site may be reproduced in any form or used by You without the prior written consent of PMF Creative. The Site and the Content found therein are the property of PMF Creative, its licensees and/or licensors. The Site and the Content are protected by copyright laws and international treaty provisions. You acknowledge that PMF Creative or its clients, business partners, licensees or licensors (as applicable) own and shall retain the exclusive right, title and ownership in and to all copyrights, trade secrets, trademarks and other intellectual property and proprietary rights in the Site and all Content. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the Site or any of the Content. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, disassemble, decompile, attempt to obtain the source code of, grant a security interest in, publicly perform, publicly display, transfer or exploit the Site, the Content, any technology or software relating thereto, or any portion of any of the foregoing. All copyright, trademark, or other proprietary notices on the Site or any Content must be retained and displayed at all times.
ACCOUNT
As part of the registration or account creation process, You will create or receive personally identifying login credentials. Certain personally identifying information, such as email address, phone number, billing address and even payment information (as may be applicable to particular Services which may be offered for sale via this Website), may also be required. Such registration information must be accurate and current.
The benefits, rights, and obligations afforded under these Terms are personal to You. You agree not to assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the Services and materials (including, but not limited to, audio, video, documentation, software, printed or digital materials, and other elements characterizing Our Services, also known as the Content on this Website, or any part of such Content, or share Your rights under these Terms to and with others.
You agree that You will not provide false information to Us in generating Your account. Specifically, You agree that You will not
(i) select or use the login credentials of another person or company with the intent to impersonate that person or company; or
(ii) use login credentials in which another person or company has rights without such person’s or company’s authorization.
Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate suspense or termination of Your account.
Only authorized users, who have duly attained access to the Content by personally agreeing to these Terms are permitted participation in and use of the Services, Content, and related materials. Except as expressly authorized by these Terms. You shall not provide or make available any Content, or any license key to any third party, or use the Content, or any license key, to teach any third party any portion of the Services or for any purpose other than exercising rights expressly granted to You by these Terms.
You are responsible for maintaining the confidentiality of Your login credentials. We reserve the right to terminate or suspend Your access to the Services if You share Your credentials or transfer such credentials to another party.
You are responsible for all usage or activity on Your account on this Website and related Social Media, including use of the account by any third party authorized by You to use Your login credentials.
SERVICES AND FEES
All services are prepaid and remain active for as long as accounts are paid in full.
A processing fee of 3% will be charged for all credit card payments.
All monthly plans will be billed on same the day of the month as Your first payment. All annual plans are billed on the anniversary date of Your first payment. After 3 day of account delinquency, without prior notification, Your services will be placed on hold. After 10 days of account delinquency, You will incur an additional fee of $100 to re-instate Your account. You will also lose any discounts and have to pay current monthly plan prices.
For social media plans, We require access to Your social media and business manager accounts. Should access not be established before the start of automated posting, thereby necessitating manual posting by team, a rate of $30 per hour and any fraction thereof, will be charged.
For web plans, during the website build process, Clients and Team Members are expected to maintain consistent communication until the website is live. If We reach out to You and there is no response for thirty days (without prior notification that You will be unavailable), Your website project will be placed on hold. A reactivation fee of $100 will be charged to remove it from hold status.
Once Your site (complete or a semi-complete splash site) has been published, Your selected maintenance plan will take effect.
LIMITATIONS OF DESIGN SERVICES SCOPE
The following activities and projects are expressly excluded from the scope of Our services and are not covered under any agreements or design plans with Us, unless otherwise indicated in contract:
Please be advised that if You have any questions regarding a specific project or skillset not mentioned above, We encourage You to seek clarification by contacting Us directly.
REFUND AND TERMINATION POLICY
The terms and conditions of the refund and termination policy will continue in full force and effect to the extent necessary to give effect to the Agreement.
Refund
Unless otherwise stated in writing with respect to particular Services offered for sale via this Website, PMF Creative abides by a strict, 14-day refund policy from the first payment charge date. If a refund has been issued to You in accordance with the 14-day policy, all completed graphics and/ or videos from any plans may not be used or distributed for any reason.
After the 14-day refund policy, there will be no refunds for any paid services. All services that are signed contracts cannot be terminated without incurring an early termination fee. Early termination fees are 2 months of payments of a client’s monthly fees as per the contract.
Voluntary Cancellation
All notices of cancellation must be made in writing and sent to team@pmfcreative.com at least 30 days before effectivity for Design, Video, and Web plans; at least 60 days before effectivity for Social plans as social media content is created one month (4 weeks) in advance. This applies to both annual and month to month agreements.
Renewal of Agreement
Unless otherwise set forth as signed Agreement, all Agreements shall automatically renew for a term of the same length as the signed Agreement unless either party provides written notice of intent not to renew no later than sixty (60) days prior to the expiration of agreement term. If plan in Agreement is not available, We have the sole discretion to renew similar plan at Our discretion.
Termination of Agreement
In the event of any material breach, the non-breaching party may terminate the Agreement by giving thirty (30) days prior written notice to the other party, provided, however the Agreement shall not terminate if the other party has cured the breach prior to the expiration of such thirty (30) day period.
In case of termination for insolvency; either party may terminate the Agreement for cause providing written notice, without opportunity to cure, in the event that: (a) the other party fails to function as a going concern; (b) a receiver, trustee, or other custodian for the other part or its assets is appointed, applied for, or consented to; (c) the other party becomes insolvent or unable to pay its debts as they mature in the ordinary course; (d) the other party makes an assignment for the benefits of creditors; (e) the other party is liquidated or dissolved, or (f) any proceedings are commended by against the other party under any bankruptcy, insolvency, or debtor’s relief law and not dismissed within sixty (60) days.
Upon termination of the agreement, You will return to Us all confidential information, documentation and all other tangible materials related to the Services, including without limitation, all modifications and derivative works thereof. Unless otherwise noted in the Agreement, upon termination: (a) You will have to return the website created by Us and have no further use or access to the website. You will have ownership of all texts, graphic designs, and photos You have provided that appear on the website which We can remove if requested and at Your cost. (b) All boards will be archived. It is Your responsibility to ensure that You have copies of all works created under design and video plans as these will be inaccessible once We have archived Your boards. (c) You will pay Us all fees due through the end of the Agreement term. (d) all rights granted with respect to the Services will immediately terminate; If upon termination, We are the breaching party, We will (I) refund any unearned Fees paid by You prior to the effective date of termination; and (II) delete or transfer to You and of Your confidential information, as provided hereunder.
NO WARRANTIES
By accepting these Terms, You agree and understand that We provide design, social and video services and guarantee no results. You acknowledge that We make no promise or representation including but not limited that You will have a certain number of visitors, or any increase financially, or that You will not lose money, as a result of using these Services.
Any results on Our Website or Our related Social Media are based on actual individual results of Our clients and/or estimates as may be stated. There is no guarantee that You will make these levels for Yourself. As with any business, Your results will vary and will be based on Your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond Our control, including some variables that neither We nor You may have anticipated. There are no guarantees concerning the level of success You may experience.
There are unknown risks in any business or nonprofit organization, particularly with the Internet where advances and changes can happen quickly. The use of Our information, products and services should be based on Your own due diligence and YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE.
In accepting these Terms, You acknowledge that You take full responsibility for Your own success.
CONFIDENTIALITY
During the term of this Agreement and for a period of three years thereafter, neither party will disclose confidential information to others without the prior written consent of the other, unless that information (i) can be shown by contemporaneous documentation to have been in possession prior to the disclosure; (ii) at the time of the disclosure is, or thereafter becomes part of the public domain; or (iii) is furnished by a third party after the time of the disclosure without the breach of any duty.
This Agreement is limited in respect to the services described above in that:
(a) We shall not be responsible for the loss of data for any reason;
(b) We shall not be responsible for the accuracy of the data the Website employs or provides;
(c) We shall not be responsible for the operation of hardware, networking, third-party software or peripheral devices;
(d) We shall not be responsible for liability arising from the use of the Website, its function, guidance, data, availability or lack thereof;
(e) You assume the responsibility to assure Your use of the Website is in accordance with state and federal law and government regulation of all types;
(f) Direct access to the data for the purposes of querying, exporting, etc. from any party other than Our personnel or parties duly authorized by Us shall void any warranty and/or responsibility, expressed or implied, of Ours to support You. Support issues that arise, in the opinion of Us, as a result of unauthorized access shall result in You being billed for additional services.
(g) We reserve the right to invoice You for support that is a result of data loss for Website issues or corruption caused by the actions of employees or agents of Yours.
INDEMNIFICATION
The contents of the Services, including the Website, Content, and other materials made available via related Social Media, are protected by United States copyright, trademark and other intellectual property laws and international treaties and owned or controlled by PMF Creative, or the party credited as the provider of the Content. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.
At Our reduced rates in this agreement, You understand the rights are shared on the content created by PMF Creative for You. We have the right to use all content at Our discretion. For example: We can use the content on Our website and social media as a reference to Our work.
You are responsible to pay for all copyright and royalty rights to any video, image, or music provided to PMF Creative for content creation. You agree that PMF Creative is not responsible for legal or financial liabilities that arise from any video, image, or music provided to PMF Creative for any project completed for You.
In no event will We be liable to You or any party related to You for any damage, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if We have been advised of the possibility of such damages. As such THE SERVICES, CONTENT CREATED FOR YOU AND ALL DOWNLOADABLE FILES FROM PMF Creative ARE DISTRIBUTED AS AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU HEREBY ACKNOWLEDGE THAT USE OF OUR SERVICES IS AT YOUR OWN RISK.
You agree to defend, indemnify and hold harmless PMF Creative, its affiliates, licensees, vendors, partners, identified Site sponsors, and each of their respective directors, officers, members, managers, employees, agents and representatives from and against any and all claims, actions, losses, damages, liabilities, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising out of or relating to (a) Your breach of these Terms or any applicable laws or regulations, (b) Your access to or use of the Site and/or the Content, (c) Your violation, breach or misappropriation of a third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other intellectual property, proprietary or other right, (d) Your tortious acts including, without limitation, defamation, and/or (e) any claims You may raise against third parties relating to third party products or services. We reserve the right to assume, at Our expense, the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of such claims. If We assume such defense, We will be responsible solely for Our legal fees in connection with such defense and all other losses, damages, liabilities, judgments, settlements, costs and expenses shall be Your sole responsibility.
Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
CONSENT TO USE INFORMATION
By accepting these Terms, You agree that We may collect, use and disclose Your identifying information obtained as a result of Your plan , for the following purposes:
(i) the processing of this monthly plan application; and
(ii) the administration of the monthly plan with Our organization.
Please visit the Privacy Policy (https://www.pmfcreative.com/privacy-policy) for further details on Our data protection policy, including how You may access and correct Your personal information or withdraw consent to the collection, use or disclosure of Your personal information.
Additionally, when You communicate with Us, send Us information, or provide Content to Us, You grant Us a non-exclusive, worldwide, perpetual, royalty-free right to exercise all copyright and publicity rights that You have in such Content, in any manner whatsoever, in any media now known or which may be created in the future, as relates to this Website, the Services, and related Social Media.
GENERAL TERMS
Force Majeure
Neither party shall be deemed in breach of the Terms and Conditions to the extent that performance of their obligations (other than Your payment obligations) or attempts to cure any breach are delayed or prevented by reason of and Force Majeure event, regardless of whether such even was foreseeable. Force Majeure events shall include: acts of God, fire, natural disaster, outbreak, epidemic, public health emergency, accident, act of government, shortages of materials or supplies, and any and all events beyond the reasonable control of such party, provided that such party gives the other party written notice thereof promptly and, in any event, within fifteen (15) days of discovery thereof and uses its best efforts to cure the delay. In the event of such Force Majeure, the time for performance or cure shall be extended for a period equal to the duration of the Force Majeure.
Non Solicitation
You shall not hire, employ, or contract for services, attempt to hire, employ or contract for services, directly or indirectly through a third party, any current employee of Ours without prior written consent, for a minimum time period of twelve (12) months after termination or expiration of these Terms and Conditions. You may hire, employ or contract for services any previously employed employee or agent of Ours so long as said employee or agent has been separated from such relationship for at least twelve (12) months from the date of such employees’ separation.
Equitable Remedies
Nothing herein shall prohibit either party from seeking a temporary restraining order, preliminary injunction, or other provisional relief if, in its judgement, such action is necessary to avoid irreparable damage; and nothing herein shall prevent Us from bringing and pursuing legal action to specifically remedy any breach or threatened breach of any obligation hereunder by You involving Our Intellectual Property Rights or Confidential Information.
Entire Agreement Modification and Amendments
These Terms and Conditions are the entire agreement of the parties relating to the subject matter hereof, and supersedes all prior and contemporaneous negotiations, correspondence, understandings, and agreements of the parties relating to the subject matter hereof.
We reserve the right to modify, terminate, or otherwise amend Services available via this Website and related Social Media accounts. We may, in the future, offer new and/or different services and/or features through its Website and associated Social Media accounts. Such new features and/or services shall be subject to these Terms.
Any notice required or permitted hereunder shall be in writing and shall be deemed to have been duly given upon confirmation of receipt by the party to receive such notice, of an email sent to the e-mail address of such party.
Our failure to enforce any rights granted by these Terms or to take action against any other party in the event of any breach shall not be deemed a waiver by Us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
Severability
Should any part of these Terms be declared void or unenforceable, that term shall be severed from these Terms and such declaration shall have no effect on the enforceability of the remaining terms.
Governing Law and Venue
These Terms in all respects shall be governed by and construed according to the laws of the State of Oklahoma. This Agreement is entered into in state of Oklahoma. You agree and consent to the exclusive jurisdiction and venue of the state of Oklahoma for any dispute arising from or related to this Agreement.
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