TERMS & CONDITIONS
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, Lovelight Sound Music, hereinafter referred to as "Contractor" and the Company Name on this checkout page, the "Client" (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
SERVICES PROVIDED
The Contractor hereby agrees to provide the Client with the services specified on the previous checkout page (the “Services”)
1. The Services may also include any other tasks which the parties agree on in writing. The "Contractor" agrees to provide such services to the "Client".
TERMS OF AGREEMENT
2. The term of this Agreement (the “Term”) will begin upon checkout and completion of payment on the date of this Agreement and will remain in full force and effect indefinitely.
3. In the event that either Party breaches a material provision under this Agreement, the non- defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
4. This Agreement may not be terminated at any time unless "Client" fails to deliver the agreed upon "Services" within the time frame of this Agreement.
5. Except as otherwise provided in this Agreement, the obligations of the Contractor will end upon the termination of this Agreement.
PERFORMANCE
6. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
CURRENCY
7. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US dollars).
COMPENSATION
8. The Contractor will charge the Client for the Services (the “Compensation).
9. "Services" provided by Contractor are due within 60 days of receipt.
10. The Contractor will not be reimbursed for any expenses incurred in connection with providing the Services of this Agreement.
CONFIDENTIALITY
11. Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential information could reasonably be expected to cause harm to the Client.
12. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
13. All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
OWNERSHIP OF PROPERTY
14. All content and related material created with "Client" logo remain the intellectual property of "Contractor".
15."Client" has the right to repurpose any content created by "Contractor" for promotional purposes only.
16. Content created for "Client" is not intended for use of sale by anyone including "Client" and to sale of any content created by "Contractor" will be considered a breach of these terms and conditions.
CAPACITY/INDEPENDENT CONTRACTOR
17. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them,
and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers’ compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the Term. The Contractor is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Contractor under this Agreement.
NO EXCLUSIVITY
18. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
REFUND POLICY
19. "Client" will not be eligible for any refund, in part or in whole, unless "Contractor" fails to delivery "Services" within the time frame of these terms and conditions.
20. If "Contractor" fails to provide "Services" to "Client" in whole before 60 days from the date of payment "Contractor" will provide a refund in full to "Client" within 30 days of failure to deliver.
Money Back Guarantee
21. If "Services" have been advertised as eligible for a "14 Day Money Back Guarantee" "Client" you may request ("Refund Request") a refund of the fees for "Services" within (14) calendar days from date of receipt for purchase for any reason whatsoever.
22. If you choose a payment plan, it can not be canceled after the specific refund period for that program. You have committed to pay and are liable for all payments in the payment plan. Your request must be in writing and delivered to "Contractor" at [email protected] with the Subject "Refund Request".
23. Your refund will be processed within 30 Days from "Refund Request" date.
a. For in person "Services" such as classes, events, etc. all
b. Once completed, your account will be reviewed by a team member and if all
NOTICE
21. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to "Contractor" via email through [email protected].
INDEMNIFICATION
22. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
MODIFICATION OF AGREEMENT
23. Any amendment of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
TIME OF THE ESSENCE
24. "Client" agrees to provide "Contractor" with Company logo and company tag line within 7 days of purchase. Failure to do so may result in a delayed delivery of "Services" up to 60 additional days beyond the termination of this agreement.
25. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
ASSIGNMENT
26. The Contractor will not voluntarily, for by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
ENTIRE AGREEMENT
27. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
ENSUREMENT
28. This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
TITLES/HEADINGS
29. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
GOVERNING LAW
30. This Agreement will be governed by and construed in accordance with the laws of the State of New Jersey.
SEVERABILITY
31. In the event that any of the provisions of this Agreement are held to be invalid and unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of the Agreement.
WAIVER
32. The waiver by either Party of a brace, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
By checking the terms and conditions box the "Client" agrees to the aforementioned Terms and Conditions in whole.
