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PKP Marketing Consulting LLC • TERMS AND CONDITIONS

PKP Marketing Consulting LLC is a service company designed to provide various business services including but not limited to: Marketing Consulting, Brand Consulting, Logo Design, 3rd Party Advertising Management, Web Design, Article Marketing, Search Engine Optimization, Incorporation, Corporate Filings, Business Writings, Design Services, etc. PKP Marketing Consulting LLC uses the information provided either verbally, in the client’s account, through email communications, or on order forms to complete the information on the required forms. PKP Marketing Consulting LLC is not a law firm and neither PKP Marketing Consulting LLC nor any of its employees provide legal services or legal advice, however PKP Marketing Consulting LLC’s representatives may express their opinions and provide accurate and authoritative information and services with regard to the subject matter covered. Further, no representations or warranties, expressed or implied, are given regarding the legal or other consequences resulting from the use of our services or forms and all services and information provided to the client are offered with the understanding that they are to be used in a legal and prudent manner.

LIABILITY: PKP Marketing Consulting LLC, its agents, representatives and employees specifically disclaim any warranty beyond the limited warranty stated herein, whether express or implied, including the implied warranties of merchantability and fitness for purpose. Under no circumstances are PKP Marketing Consulting LLC, its advisors, agents, representatives or employees liable or responsible for any damage or inconvenience caused or alleged to be caused by the use of our services. PKP Marketing Consulting does not assume any legal, financial or other liability or responsibility for the accuracy, completeness or usefulness of any official documents prepared and/or filed by a client directly with a jurisdiction filing agency by the client unless PKP Marketing Consulting LLC's pre-clearance services have been engaged and the documents and/or their contents approved by PKP Marketing Consulting LLC. Any documents prepared and/or filed by the client are subject to review for correct information and PKP Marketing Consulting LLC will not be liable for any fees associated with subsequent corrections, amendments or any other type of revisions for documents not prepared and filed by PKP Marketing Consulting LLC. PKP Marketing Consulting LLC's financial liability is limited only to amounts paid to PKP Marketing Consulting LLC.

Except in the case of PKP Marketing Consulting LLC's proven negligence or willful misconduct, in either of which events PKP Marketing Consulting LLC's liability (in the aggregate) shall not exceed $50,000, PKP Marketing Consulting LLC's entire liability and Client's exclusive remedy for damages due to performance or non-performance of PKP Marketing Consulting LLC, for any cause or service whatsoever, regardless of the form of action, whether in contract or in tort, shall be limited to the refund of the charges specifically related to the performance or non-performance of the direction of Client. When receiving process on behalf of Client, PKP Marketing Consulting LLC shall in no event be responsible for any part of the underlying claim. In no event does PKP Marketing Consulting LLC assume any liability whatsoever to any party other than the Client for Client's use of PKP Marketing Consulting LLC services, and Client agrees to indemnify PKP Marketing Consulting LLC against any claims brought by such parties. Client is prohibited from assigning any cause of action or remedy to any third party and is further prohibited from encouraging any third party from bringing any cause of action against PKP Marketing Consulting LLC.

While PKP Marketing Consulting LLC takes reasonable steps to provide complete and accurate services, PKP Marketing Consulting LLC cannot warrant or guarantee that its services are complete or error free. PKP Marketing Consulting LLC is not an insurer with regard to the services performed. In order to obtain PKP Marketing Consulting LLC's services for the charges states, Client agrees to assume the risk for any and all liabilities disclaimed by PKP Marketing Consulting LLC and all damages in excess of the limited remedy provided herein.

PKP Marketing Consulting LLC shall not be liable to Client or any third party for any direct, indirect, special consequential or incidental damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use of PKP Marketing Consulting LLC's services, even if PKP Marketing Consulting LLC has been advised of the possibility of such damages.

CLIENT RESPONSIBILITY: Client assumes liability for all charges incurred as a result of any and all services performed by PKP Marketing Consulting LLC on Client's behalf or upon Client's direction. Such charges shall be due and payable upon receipt of PKP Marketing Consulting LLC's invoice.

Client accepts full responsibility for the proper and legal use of the information and/or services so provided and for complying with any tax consequences or tax filing requirements arising as a result.

It is the Client's sole responsibility to keep PKP Marketing Consulting LLC informed as to any changes in address, or of changes of persons authorized to receive PKP Marketing Consulting LLC notifications, reports, processes and legal matters. Such changes are deemed to be effective when entered into PKP Marketing Consulting LLC's client database system.

In processes in which Client is responsible for supplying information for completion of a task, client is given a maximum of 15 days from acceptance of service agreement or as expressed in official Contract or Invoice to supply that information. Delays in this process may result in price changes, service inability, delay in completion of project, or termination of project due to client's inactivity.

If information is henceforth supplied by PKP Marketing Consulting LLC, the new fees will be assessed and billed accordingly to normal retail rates, not to include any service, group, or special offering/promotional discount.

The ability to fulfill Client's information responsibility due to Client inactivity, negligence, or lack of cooperation is solely at the discretion of PKP Marketing Consulting LLC and is based on several factors including but not limited to service availability, past business history, credit ability of Client, etc.

Providing of critical business, design, or directional information is always the Client's responsibility and PKP Marketing Consulting LLC does not take responsibility for project delays due to the lack of this information being supplied in a timely manner and/or within the time frame stated within these Terms of Service and or official Contracts or Invoices of PKP Marketing Consulting LLC.

CANCELLED ORDERS: The maximum amount PKP Marketing Consulting LLC will withhold from a cancelled order is $75, unless supplier fees have already been paid or services have already been completed. Money paid to third party marketing or advertising agencies or to suppliers for goods or services is not refund able. If an order is cancelled, PKP Marketing Consulting LLC will provide a refund based on the stage of order processing.

REFUND POLICY: PKP Marketing Consulting LLC has a no refund policy. As most of our services are intellectual property, many services can begin with little to no physical representative of such work. Design time of drafts, previews, and brainstorm sessions are all considered in the process of charging fees. Exceptions will be made on a case by case basis at PKP Marketing Consulting LLC sole discretion. Some notable exceptions are:

  • Prepayments for onsite consultations will be held at full value for appointments rescheduled or canceled more than 72 hours in advance. For appointments canceled more than 24 hours but less than 72 hours in advance, $30 will be held for appointment rescheduling with the remaining portion loss as an inconvenience fee. Prepayement for appointments canceled or rescheduled within 24 hours of scheduled appointment will be loss as an inconvenience fee.

RETURNED CHECKS AND CREDIT CARD CHARGE BACKS: A $35 fee will be added to all checks returned to PKP Marketing Consulting LLC due to non-sufficient funds or closed accounts. In addition, a bank service fee will be charged on these checks. For credit card payments that are charged back by the client, a $35 fee will be assessed along with any collection costs.

NEGOTIATED PRICING: Any special or reduced product or service pricing in recognition of quantity or other consideration is provided with the understanding and acceptance that all invoices are to be paid on or before the due date of the invoice. If an invoice with items billed at a special pricing rate is not paid on or by the due date, PKP Marketing Consulting LLC's network provider reserves the right to revert pricing on those items to the standard rate.

DISCLAIMER: The information and services provided by PKP Marketing Consulting LLC are intended to provide accurate and authoritative information with regard to the subject matter covered. PKP Marketing Consulting LLC and its representatives are only expressing their opinions. If you require specific tax, financial, business or legal advice, the services of a competent professional person should be retained. (Adapted from the Declaration of Principals jointly adopted by a committee of the American Bar Association and a committee of Publishers and Associations).

LEGAL JURISDICTION: The laws of Nevada shall govern.

MODIFICATION: PKP Marketing Consulting LLC reserves the right to modify these terms at any time by making such changes to this page.

Acceptance of this agreement takes precedence over any and all former verbal, written, implied, or suggested conditions as made between Client and PKP Marketing Consulting LLC's representatives.

While efforts are made to ensure Client's awareness of any and all changes made to PKP Marketing Consulting LLC's Terms of Service, it is the sole responsibility of the client to ensure that they are aware of these changes by viewing and reading the Terms of Service Prior to the Payment and Acceptance of Invoices, official Contracts, or making any purchasing decision via any online or offline e-commerce or commerce outlets to include but not limited to Online shopping carts, auction sites, Point of Sales Transactions, etc. It is suggested to bookmark this page and/or read the Terms of Service Prior to making any and all purchasing decision.


Last Modified: April 14, 2011


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