MASTER SERVICE AGREEMENT
This Master Services Agreement pertains to all services listed on the website and is between M.O.V.E. UP MARKETING GROUP, which is referred to as (“Move Up, We, Us”) and the Client which is a signatory hereto the name of the company or individual we are working with, and who this contract applies to, and the Professional which is a signatory hereto the name of the third party company or individual the actual work is being performed by. It is made effective as of the date of the order. *”Move Up” is the short name of M.O.V.E. UP MARKETING GROUP that has this agreement with the Client and Professional. In this contract, the “Client” refers to (the company(s) legal name, or individual) ordering the service or who is receiving the tangible personal property in exchange for monies. In this contract, the “Professional” refers to (the company(s) legal name, or individual) performing and delivering the service and product.
*Sales Tax applies only to California residents here and only applies to tangible “personal property” that is transferred to the Client by means of sale. It is 7.75% and is applicable to services which lead to the outcome of having tangible items, i.e. business cards. According to the SBOE (State Board of Equalization) in CA, websites, website upgrades and other online services do not require a sales tax. (See: Reference: Sections 6006, 6010.3, 6010.30, and 6015, Revenue and Taxation Code Preston v. State Board of Equalization (2001) 25 Cal. 4th 197, 105 Cal. Rptr. 2d 407.) for more information. Please note that any fees associated using Paypal if any are separate. Please see Paypal for more information, and please speak to your service provider regarding whether they include the fees and taxes or whether they are separate.
This Agreement states the terms and conditions by which We will deliver and Client will obtain pertaining to any or all of the services provided by Us, including managed services, professional/support services, content delivery and third party services. Client must understand that all services provided here are performed by third party services unless otherwise stated. We are simply an in-house SEO/PPC/Social Media/Viral Marketing/Websites company that hires 1099 subcontractors and are also a referral agency which offers the Client access to great third party companies/individuals.
2.) OUR RESPONSIBILITY
We agree to do the following: 1.) Complete the tasks/services as promised to the best of our abilities. 2.) Refer the third party company or individual to the Client. 2.) If we receive negative feedback from the Client pertaining to a company we referred, that company will be screened out and will no longer be used after three different reports coming from three different businesses. 3.) We will collect payment directly from the Client and pay our professionals as required. 4.) We will act as the consultant and work together with the Client as the professional works on the project(s).
3.) YOUR RESPONSIBILITY AS A CLIENT
By agreeing to our terms, you the Client must do the following: 1.) Pay Us a down payment of 50% to start the referral process. We will pay the professional a part of the down payment. Paypal is our payment servicer and We do not have any access to your financial or personal information and thus will not be legally liable for any stolen or lost information- all this goes through Paypal’s secure payment system. 2.) Pay Us the remaining due balance once you would like your work transferred to you or completed.
4.) YOUR RESPONSIBILITY AS A PROFESSIONAL
By agreeing to our terms, you the Professional must do the following: 1.) Provide the client with great customer service and quality work. 2.) Adhere to our 1099 Agreement which you signed and agreed to. 3.) Agree again that We are never liable for payments that Clients did not make pertaining to work you did.
LATE PAYMENTS, PAYPAL ISSUES, AND CHARGEBACKS
Late Payments: If the Client cannot pay the professional the requested remaining amount at the time (tax inclusive for tangible property transferred and received; does not apply for web designs or online service) on the day that the project has been finished, all online orders concerned will be automatically terminated and Client will not be able to select or utilize any of the concepts that was given to the Client. At this point, the professional will have no further obligation to the Client. While notwithstanding We reserve the right in its sole discretion to terminate the Client’s access to all or a portion of the Service at any time with or without notice. In the event of such termination, the monies previously received for the order will not be refunded.
PayPal Issues: All disputes regarding Paypal will be brought to Paypal management.
Charge backs: Any charge back issue will be turned over to an external collection agency and may be pursued to the full extent of the law. Ideally, before placing the charge back call to the credit card company, Client should bring up the issue and discuss a solution for it with Us so this drastic action can be avoided.
The Client is responsible for any applicable taxes for the purchase of tangible personal property, and this sales tax of 7.75% will be added to the total and must be paid by the Client to the service provider in addition to the total sum requested.
The Client will not be liable for any extra fees. The Client is only responsible for paying what he owes Us. If Client is late in paying, there will be a late payment fee of 1% of the total amount per week added as interest. If Client has not paid the full amount he owes after 30 days, the charge may be sent to a third party collection agency. We will make every attempt to notify Client of late payment and penalties, but we will turn over the account if necessary to collect payment.
6.) OUR RIGHT
The client understands and agrees that We have the right in its sole discretion to pre-review, refuse or get rid of any project that is illegal, obscene, indecent, slander, stimulates religious, racial or ethnic hatred or violates the rights of others.
7.) PERSONAL INFORMATION
The details of your order will be given only to those who are processing your order. Those who are processing your order may include Move Up owners, staff and subcontracted members, as well as third party companies. All of your credit card information and Paypal information is held by Paypal, and neither We nor any third party service provider has access to any of that information. All online money matters are directly handled by Paypal. Otherwise, if there are transactions made outside of Paypal, these transactions are directly handled by third party companies which we have referred to you, and we are not responsible or liable for any of the transactions you: the Client has with third parties we simply refer and do not act as Liasons of.
8.) WHAT YOU OWN
During the order process, until the order has been fulfilled and has been given to the Client in exchange for cash, the Client does not own any materials, media or other content created during the revisions leading up to the final product. Once the sale is made, and the product is given to the Client, the product is the Client’s. However, the Client shall agree to allow Us to use their work as samples on their website or other promotional materials in a royalty-free manner granting Move Up (Us) exclusive worldwide rights to use the original as well as the modified and updated versions of the product in any way We want to use them. Client must also agree that the professionals they work with also have the rights to all of the ideas and products that were not selected by the Client.
9.) LIMITATIONS OF LIABILITY
The Client agrees to hold M.O.V.E. UP MARKETING GROUP, its owner: Linda Jordan, and Move Up’s agents, employees and the third party companies and individuals that are referred to by Move Up, harmless for any type of incidental, punitive, indirect or consequential damages, including, but not limited to: lost revenue, lost profits, lost time, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), product liability, strict liability, acts of GOD, wars, strikes, government restrictions or regulations, or (in the absence of Move Up’s own negligence) any of the above-stated occurrences arising from the use of Move Up’s services, and or from use of any vehicle (tools, automotives) utilized for completing a service or selection thereof, or from any act of omission by Move Up’s owners: Linda Jordan, Move Up’s agents, and employees. Therefore, M.O.V.E. UP MARKETING GROUP shall have no liability. Upon signing this contract, (Client) agrees to defend and indemnify Us and Owner: Linda Jordan, its agents, and employees and hold them harmless for any damage or injury, including attorneys fees, and cause by the act or omission of the subcontracted worker(s). This obligation applies whether or not the third party company and or individual was negligent, excepting the sole negligence or intentional conduct of the third company party and or individual in which case, only the third party company and or individual could only be liable. This agreement becomes effective upon execution of this confirmation and shall be governed by the laws of California.
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