Usage Agreement
By clicking “I Agree,” entering your payment information, or otherwise enrolling, electronically, verbally, or otherwise, in the subscription, you (“Customer”) are entering into a legally binding agreement with Remote Entrepreneur Incorporated, a Nevada Corporation (“Company”), according to the following terms and conditions:
1. COMPANY’S SERVICES
Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render services related to design, development, audio work, video work, and administrative work as detailed on the website within the Services list according to the specific service plan chosen by Customer (the “Plan”). The terms of this Agreement shall be binding for any further goods/services supplied by Company to Customer.
The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the chosen Plan.
2. USE OF SERVICES
- All Plans
- Customer can submit unlimited task requests for task types contained within the Starter Services list in the categories of design, development, audio/video and administrative.
- Unlimited revisions can be submitted by Customer on any task request. Work rendered on such revision requests count toward the active task limit for each Plan.
- Company will provide all design source files to Customer for any design task upon request.
- Customer owns all rights to deliverables once provided, as further detailed in Section 7.
- Company will hold an onboarding call with Customer with the intent of confirming the Customer’s needs and how Company will work with Customer to satisfy Customer’s needs and meet Customer’s goals. Onboarding calls can be scheduled during U.S. business hours.
- Starter Plan Limits and Features
- Customer is limited to submitting task requests for 1 brand/website per account. Task requests for additional brands/websites will be rejected by Company.
- Company will provide 2-3 business day turnaround for most task requests, with some stipulations/limitations as provided in the left column of the Single Service Guide download provided on Company’s website.
- Company will actively render 1 task at a time. Services rendered on task revisions requests count towards this limit.
- If Customer intends use of stock photo, video and audio assets that are not available on free royalty-free stock content sites in desired deliverables, Customer must purchase and provide such assets.
- Pro Plan Limits and Features
- Customer can additionally submit unlimited task requests for task types contained within the Pro Services list in the categories of design, development, audio/video and administrative, in addition to the Starter Services list.
- Customer is limited to submitting task requests for 3 brands/websites per account. Task requests for additional brands/websites will be rejected by Company.
- Company will provide 1-2 business day turnaround for most Starter Service task requests and 3-4 business day turnaround for most Pro Service task requests with some stipulations/limitations as provided in the left column of the Single Service Guide download provided on Company’s website.
- Company will actively render 1 task at a time. Services rendered on task revisions requests count towards this limit.
- Company will purchase stock photos to use in desired assets if not available on free royalty-free stock photo sites. If Customer intends use of stock video and audio assets that are not available on free royalty-free stock sites in desired deliverables, Customer must purchase and provide such assets.
- Company will provide a Quality Control (QC) check on all completed deliverables prior to providing them to Customer to help ensure quality of work. Company makes no guarantees as to the quality of work or any errors or omissions deliverables may contain. Customer is still expected to review and proof all received deliverables.
- Premium Plan Limits and Features
- Customer can additionally submit unlimited task requests for task types contained within the Pro Services list in the categories of design, development, audio/video and administrative, in addition to the Starter Services list.
- Customer can submit task requests for unlimited brands/websites.
- Company will provide 1-2 business day turnaround for most Starter Service task requests and 3-4 business day turnaround for most Pro Service task requests with some stipulations/limitations as provided in the left column of the Single Service Guide download on Company’s website.
- Company will actively render up to 3 tasks at a time. Services rendered on task revisions requests count towards this limit.
- Company will purchase stock photos to use in desired assets if not available on free royalty-free stock photo sites. If Customer intends use of stock video and audio assets that are not available on free royalty-free stock sites in desired deliverables, Customer must purchase and provide such assets.
- Company will provide a Quality Control (QC) check on all completed deliverables prior to providing them to Customer to help ensure quality of work. Company makes no guarantees as to the quality of work or any errors or omissions deliverables may contain. Customer is still expected to review and proof all received deliverables.
- Company will prioritize task fulfillment of Customer over customers of other plans, with services provided for task requests starting the business day after the request is made.
- Customer will have the permission and ability to offer Company’s services provided through the Plan to their own customers through their own brand(s). In this instance, Customer will be responsible for any communication with the end customer.
- Company will provide service from a Project Manager to Customer to assist with organizing and coordinating multi-task projects to help ensure deliverables meet Customer’s quality and turnaround goals.
- The Project Manager will hold a monthly planning call with Customer to assist with mapping out projects for delegation to help ensure Customer’s needs are met for the coming month.
3. COMPENSATION
Customer agrees to compensate Company according to the payment schedule set forth on Company’s website and the Plan selected by Customer (the “Fee”). Company shall charge a 5% (five-percent) late penalty to all balances that are not paid in a timely manner by Customer.
Customer agrees that the Plan is provided month-to-month and to cancel services, customer must provide notice in writing via email to support@onpreneur.com or contact form submission within 7 days of end of term to cancel before the next term begins.
Customer reserves the right to change Fees upon 10 days’ advance notice. By continuing to use the Plan, Customer accepts such changes. Company is not required to provide notice to Customer or temporary promotions or reductions in Fees.
4. REFUNDS
Upon purchase of the Plan, Customer shall be responsible for the full extent of the Fee.
Customer agrees that due to the nature and overhead costs of services provided, the Fee is non-refundable.
5. CHARGEBACKS AND PAYMENT SECURITY
To the extent that Customer provides Company with Credit Card(s) or PayPal information for payment on Customer’s account, Company shall be authorized to charge Customer’s Credit Card(s) or PayPal account for any unpaid charges on the dates set forth herein. Customer agrees that Company shall be authorized to make all future charges at the time they are due and not require separate authorization in order to do so unless Customer has provided the notice of cancellation and received confirmation of cancellation. Customer shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Customer is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Customer shall not change any of the credit card or PayPal information provided to Company without notifying Company in advance.
6. NO RESALE OR TRANSFER OF AGREEMENT PERMITTED
This Agreement and the rights and obligations herein are held directly between Company and Customer, and Customer may not resell, assign or otherwise transfer this Agreement or any rights or obligations hereunder, without our prior written consent.
7. CUSTOMER ACCOUNT SECURITY.
Customer will be provided with credentials to login to Company’s system to manage their account, to access Google Drive folder(s),to access Dropbox folder(s) and to other systems and platforms as required. The Customer may also interact with representatives of Company through email, Zoom and telephone. It is Customer’s responsibility to safeguard all access information and to immediately notify Company in writing should any security breach occur. Should Customer be a victim of hacking, malware or other malicious activity that results in the loss of Customer data, Company’s role in recovery of said data is limited to what can be covered by Customer’s plan.
Customer understands that login access should not be provided to anyone external to their own organization. Plans are sold on the basis of the exclusive use of the Customer and the Customer’s organizations. The sole exclusion to this policy is with Company’s Premium Plan that allows Customer to coordinate work with their own customer. In these cases, only Customer can access Company’s systems and file storage areas directly.
8. ADDITIONAL BENEFITS
From time to time, at its sole discretion, Company may offer Customer additional benefits which may include access to training, tools, and other items. When offered, these additional benefits are for the exclusive use of Customer and cannot be licensed, provided access to, resold or otherwise re-assigned. These additional benefits have no market cash value. Company reserves the right to terminate access to any additional benefits at any time to any individual Customer or all Customers without notice.
9. OWNERSHIP OF DELIVERABLES
All deliverables created for Customer by Company are property of Customer. Customer retains exclusive ownership of deliverables, including all intellectual property rights therein. These terms are subject to Customer’s compliance with Agreement and full payment of Fees due.
Exclusions:
- Templates that Customer or Company has selected in order to speed up the task completion time are owned by Company. Customer cannot repackage, resell or reuse in any way Templates without the express permission of Company. Company has provided a license to Customer to use in perpetuity Templates in the original manner they are used.
- All images, video clips or other creative works originating with third parties are subject to the licencing agreements with those third parties. This includes, but it not limited to, stock photos and videos, audio clips and templates not originating by Customer or Company.
Customer agrees to grant Company a limited, royalty-free license to use, publish, and display any deliverables provided to Customer through services received via the Plan for marketing and advertising purposes. Customer may revoke this license by submitting written notice via email to support@onpreneur.com or contact form on website. If you revoke this license, Company agrees to cease using deliverables provided to Customer for marketing and advertising purposes.
10. LIMITATION OF LIABILITY
By using Company’s services and enrolling in the Plan, Customer releases Company, its officers, employers, directors, and related entities from any and all damages that may result from anything and everything. The Plan is only a collection of services being provided. By using Company’s services and enrolling in the Plan, Customer releases Company from any and all damages that may result from anything and everything. It is Customer’s responsibility to ensure that all assets are free from copyright and trademark issues. Customer accepts any and all risks, foreseeable or unforeseeable, arising from such transactions.
Regardless of the previous paragraph, if Company is found to be liable, Company’s liability to Customer or to any third party is limited to the lesser of (a) the total fees Customer paid to Company in the one month prior to the action giving rise to the liability, and (b) $1000. All claims against Company must be lodged with the entity having jurisdiction within 100-day of the date of the first claim or otherwise be forfeited forever. Customer agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Plan as well as issues relating to attacks on Customer’s websites including but not limited to DDoS attacks, brute force attacks and malware injections. Customer agrees that use of Company’s services is at Customer’s own risk.
11. DISCLAIMER OF GUARANTEE
Customer accepts and agrees that she/he is 100% responsible for her/his results from the deliverables provided via the Plan. Customer accepts and agrees that Company cannot control Customer’s actions surrounding deliverables and otherwise in Customer’s business. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchant ability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Plan will meet Customer’s requirements or that all customers will achieve any results from the deliverables provided via the Plan.
12. TERMINATION
In the event that Customer is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Customer and terminate providing further services to Customer. In the event that Customer is in arrears of payments to Company, Customer shall be barred from using any of Company’s services.
13. CONFIDENTIALITY
The term “Confidential Information” shall mean information which is not generally known to the public relating to the Customer’s business or personal affairs. Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Customer, during discussion with Customer, the onboarding call with Company, or otherwise, without the written consent of Customer. Company shall keep the Confidential Information of the Customer in strictest confidence and shall use its best efforts to safeguard the Customer’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
14. NON-DISPARAGEMENT
In the event that a dispute arises between the Parties or a grievance by Customer, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
15. INDEMNIFICATION
Customer shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the service(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Customer shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
16. COMMUNICATION
Customer agrees when ordering our service and as long as they remain an active subscriber to the service to be included on Company’s customer email list in order to send out transactional emails, information related to Customer’s usage of the service, and information regarding updates to the service. At any time, Customer may opt out of all notifications, except transactional emails directly related to their purchase, by clicking the unsubscribe link at the bottom of received emails or sending a request to support@onpreneur.com to be removed from Company’s customer list.
17. CONTROLLING AGREEMENT
In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.
18. CHOICE OF LAW/VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of Nevada, Clark County pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non- prevailing party in order to enforce the provisions of this Agreement.
19. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
20. SURVIVABILITY
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
21. SEVERABILITY
If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
22. OTHER TERMS
Upon execution by clicking “I agree,” the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument with the same effect as an originally signed copy.
CONTACT INFORMATION
The Seller of this product is:
Mailing address:
Remote Entrepreneur Incorporated
304 S. Jones Blvd #7775
Las Vegas, NV 89107
United States
Contact Email: support@onpreneur.com, All Rights Reserved.