Terms and Conditions

Effective Date: March 28, 2025

These Terms and Conditions ("Terms") govern your use of services provided by PowerTools Media ("Company," "we," "our," or "us"), a web marketing company located in New York State. By accessing or using our services, you ("Client" or "you") agree to comply with and be bound by these Terms. If you do not agree to these Terms, you should not use our services.

1. Definitions

  • Services: Refers to all web marketing, digital marketing, advertising, SEO (Search Engine Optimization), content creation, social media management, website design, and other related services offered by Power Tools Media.

  • Client: The individual or business entity that engages Power Tools Media to provide Services.

2. Scope of Services

PowerTools Media provides a wide range of web marketing services, which include, but are not limited to, digital marketing campaigns, SEO optimization, social media management, website design, content creation, and consulting. A detailed scope of work and deliverables will be agreed upon by both parties before the commencement of any services.

3. Payment Terms

  • Fees: Fees for our services will be outlined in the service agreement or proposal provided to the Client. All payments are due according to the payment schedule outlined in the contract.

  • Invoices: Power Tools Media will issue invoices for the agreed-upon fees. Payment is due upon receipt unless otherwise stated.

  • Late Payments: Any outstanding balance past due will accrue interest at a rate of 1.5% per month, or the maximum rate allowed by law, whichever is lower.

4. Client Obligations

  • Accurate Information: The Client agrees to provide accurate and timely information necessary for PowerTools Media to perform the services effectively.

  • Access: The Client agrees to grant PowerTools Media access to any accounts, platforms, and systems required to perform the services.

  • Cooperation: The Client agrees to cooperate with PowerTools Media by responding to communications promptly, providing feedback on deliverables, and making decisions in a timely manner.

5. Intellectual Property

  • Ownership of Work: Upon full payment, the Client will own the final work product provided by PowerTools Media, such as websites, designs, and content. Power Tools Media retains the right to use the work for portfolio and promotional purposes.

6. Confidentiality

Both parties agree to maintain the confidentiality of any sensitive or proprietary information shared during the course of the relationship. This includes, but is not limited to, business plans, strategies, trade secrets, and client data. This confidentiality obligation will continue after the termination of the agreement.

7. Termination

  • By Client: The Client may terminate the agreement at any time by providing written notice to PowerTools Media. If the agreement is terminated before the completion of the services, the Client agrees to pay for all work performed up to the point of termination.

  • By Power Tools Media: Power Tools Media may terminate the agreement if the Client breaches any material term or condition of the agreement, or fails to make payment within 30 days after due.

  • Effect of Termination: Upon termination, all rights and obligations under these Terms will cease, except for payment obligations and confidentiality provisions.

8. Limitation of Liability

Power Tools Media’s liability for any claims arising from the services provided will be limited to the total fees paid by the Client for the specific services directly related to the claim. PowerTools Media will not be liable for indirect, incidental, special, or consequential damages, including but not limited to lost profits or data.

9. Indemnification

The Client agrees to indemnify and hold PowerTools Media harmless from any claims, damages, losses, or liabilities, including legal fees, arising out of the Client’s use of the services, violation of these Terms, or infringement of any third-party rights.

10. No Guarantee of Results

While Power Tools Media will use its best efforts to achieve results for the Client, we do not guarantee specific outcomes, including but not limited to increased traffic, conversions, or sales. The effectiveness of the services depends on various factors, including market conditions and client cooperation.

11. Governing Law

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

12. Dispute Resolution

Any dispute arising under these Terms will be resolved through binding arbitration in New York State, in accordance with the rules of the American Arbitration Association.

13. Modifications

PowerTools Media reserves the right to modify these Terms at any time. Any changes will be effective when posted on our website or communicated to the Client in writing. The Client’s continued use of services after such modifications will constitute acceptance of the updated Terms.

14. Entire Agreement

These Terms, along with any service agreements or proposals signed by the Client, constitute the entire agreement between the parties. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15. Contact Information

For any questions regarding these Terms or any aspect of our services, please contact:

Power Tools Media
info@powertoolsmedia.com
845-2938312
www.powertoolsmedia.com

By engaging PowerTools Media for services, you confirm that you have read, understood, and agreed to these Terms and Conditions.