Terms and Conditions
Updated: December 17, 2020
Under the terms of this Agreement, we will provide various digital marketing services, products, training and consulting, as further described on applicable Order Forms (the “Services”). Services are provided only for Client, and Client may not resell or provide the Services to or for the benefit of any third party.
In addition, the Website will provide product reviews and recommendations for products, training, and services for website visitors to review and make their own decision to engage with our provided links.
We may have financial relationships, as well as we may be affiliates of products, reviews, and recommendations presented on this site. However, all reviews and recommendations are done as honestly as possible. In addition, we make absolutely no promises to any vendors prior to providing a recommendation or a review. It should be noted that We may receive commissions and financial considerations for products that are promoted on the Website.
The above-named Owner, Making A Prosperous Lifestyle and the website – makingprosperouslifestyle.com, (hereinafter referred to as “Owner”), are providing Making A Prosperous Lifestyle (“www.makingprosperouslifestyle.com”) for the purpose of providing services such as training, product recommendations and reviews, online design, social media marketing, information business consulting, tech support, and/or any other service or consultation requested by Client or Customer.
Client may direct Makingprosperouslifestyle.com to author content of advertising and is solely responsible for the content of all advertisements and marketing programs delivered in connection with this Agreement and agrees to comply with all applicable laws in connection with the use of such content. Client hereby grants Makingprosperouslifestyle.com a limited, nonexclusive license to use any such content solely in connection with the Services provided for Client hereunder.
Client agrees to defend, indemnify, and hold harmless Makingprosperouslifestyle.com and its officers, directors, employees, agents and affiliates against any third-party claims or actions arising out of or in connection with any actions taken by Makingprosperouslifestyle.com at Client’s direction, including, without limitation, the use of any Client content, and any failure of Client to comply with legal requirements or the terms hereof.
The Client hereby authorizes Making A Prosperous Lifestyle, full access to any accounts related to a requested project. The Client also authorizes Making A Prosperous Lifestyle, full access to any third-party accounts with any relevance to a project which may be reasonably necessary to satisfactorily complete the project. makingprosperouslifestyle.com will not make unauthorized withdrawals or purchases using financial accounts owned solely by Client. We may request access to other Client’s digital assets including Google, email, and other applicable accounts as deemed necessary to complete the project(s).
Online Marketing Services and Consulting Agreement
We will design and create applicable marketing services for the Client, based on the provided and requested needs of the Client. All work and consulting services must be agreed upon and clearly stated prior to the commencement of any contracted work.
Assignment of Projects
Making A Prosperous Lifestyle reserves the right to assign subcontractors to projects to ensure that the terms of this agreement are met as well as on-time completion.
Copyrights and Trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to makingprosperouslifestyle.com for inclusion in any project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend makingprosperouslifestyle.com and its approved subcontractors from any liability (including reasonable attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client. Making A Prosperous Lifestyle has explicit right to reject any text, graphics, photos, designs, trademarks, or other artwork furnished to makingprosperouslifestyle.com for any project, for any reasons including the Client not providing proof of ownership or permission to use such items.
We and the Client agree to cooperate and work together to complete projects in a timely manner. However, if the Client does not supply makingprosperouslifestyle.com with complete and agreed upon project requirements, including text and graphics content for the initial project within 45 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by makingprosperouslifestyle.com as liquidated damages and the contract shall become null and void, at Our option, unless the project is canceled in writing by the Client prior to 45 days of the effective date of the agreement, at which point hours billed and expenses incurred are not reimbursable.
Any web design project will be published to the Client’s hosting service upon receipt of final payment or delivered via alternative media upon the receipt of full payment. The Client understands that although makingprosperouslifestyle.com offers hosting services, they are not automatically provided in connection with web based projects. The Client agrees to select a hosting service that allows Us full access to the Client’s account. The Client will be solely responsible for any and all hosting service charges.
Electronic Commerce Laws
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to any project or any other services to be performed by makingprosperouslifestyle.com as contemplated herein, and will hold harmless, protect, and defend makingprosperouslifestyle.com and its approved subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
Copyright of the finished project is owned by the Client. Rights to source code, work-up files, and computer programs owned by makingprosperouslifestyle.com shall remain the property of makingprosperouslifestyle.com and are not intended to be transferred to the Client. Making A Prosperous Lifestyle and its subcontractors may display graphics and other design elements as examples of their work in their respective portfolios. Projects may contain a link to makingprosperouslifestyle.com’s websites.
Payments must be made promptly in accordance with the terms of this Contract. makingprosperouslifestyle.com reserves the right to remove any web project from viewing on the Internet or suspend any service related to the Client’s account if at any time payment due hereunder is more than 15 (fifteen) days past due. Any balance carried over 30 days is subject to a penalty equal to 10% of the balance plus the agreed hourly rate for administration of said past due account.
Making A Prosperous Lifestyle will not be responsible for any loss of business, real or perceived, occurring from a web project being taken offline. If Client suspends progress of a project for any reason, Client is still responsible for payment in-full within 15 days of issue of statement. In the event the payment by Client remains delinquent for thirty (30) days past its due date and this matter is referred to a third party for collection, the Client agrees to pay reasonable collection costs and fees (including reasonable attorney’s fees and court costs) actually incurred by makingprosperouslifestyle.com. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into Fort Bend, Texas, and any dispute will be litigated or arbitrated in Fort Bend County, Texas and the Client hereby consents to the personal jurisdiction of the Texas State Courts. All payments will be made in U.S. Dollars.
If Client chooses a package price for a service, a deposit of 50% of the total package price is due at signing, and the remaining balance due upon delivery. If Client chooses a package price and fails to provide adequate materials and correspondence required to complete the project, the remaining balance will be due 2 months from the execution of this agreement, regardless of the state of the project.
Client and makingprosperouslifestyle.com agree that services outside a package price and/or after launch of website shall be completed at a rate of $95.00 per hour with a 15-minute minimum and may require a deposit of 50% of the estimated total cost. Hourly rate subject to change effective 6 months after the signing of this agreement. Subsequent payments will be due within 15 days of issue of statement, typically at the beginning of each month.
Refunds will only be given at the discretion of the owners of makingprosperouslifestyle.com. Any authorized refund is subject to a fee equal to 2 administrative hours at the current hourly rate plus any time spent on the project including but not limited to travel, consultation, and project administration.
Notwithstanding anything to the contrary contained in this contract, neither the Website or Us, or any of its employees or agents, warrants that the functions contained in any project or service will be uninterrupted or error-free. The entire risk as to the quality, accuracy, and performance of any project is with the Client. In no event will makingprosperouslifestyle.com be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate a project or service provided by makingprosperouslifestyle.com, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet software, even if We have been advised of the possibility of such damages. Furthermore, in no event will makingprosperouslifestyle.com be held liable for loss of data or service interruption due to hacking or any other type of attack on your website or server. Any service restoration, data recovery and/or rebuilding of website is the sole financial responsibility of the Client.
Termination of Services
The Client retains the right to obtain a digital copy of project files which makingprosperouslifestyle.com has created so long as Client’s balance is paid in full. This does not include license to any third-party software or makingprosperouslifestyle.com proprietary software unless license has been paid by the Client.
The user asserts that he/she is an authorized agent of the Client and is conducting business with makingprosperouslifestyle.com with the full knowledge and permission of the Client’s company owner(s). It is the Client’s sole responsibility to authorize or deny communication between Client and Us, by a member of Client’s company. Any communication, consultation, or project request from Client, employees of Client, or representatives of the Client will be considered billable by makingprosperouslifestyle.com at the current hourly rate.
This agreement, together with all attachments hereto, constitutes the sole agreement between makingprosperouslifestyle.com and the Client. Any amendment or modification to this contract must be authorized by a written request signed by both Client and makingprosperouslifestyle.com. Use of this site and services provided by makingprosperouslifestyle.com signifies agreement to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties.