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Terms and Conditions

Welcome to the exciting world of Flowpoint Marketing LLC ("Service Provider")! We're thrilled to be your partner in crime for all your marketing needs.

Let's get down to business with the following agreement ("Agreement") between us and you ("Client"):

  1. SCOPE OF WORK: As your marketing superheroes, Service Provider will provide you with top-notch marketing services ("Scope of Work") that are tailored to your needs. We'll work closely with you to create the perfect plan that includes everything from website design to social media management to advertising campaigns and content creation.

  2. INTELLECTUAL PROPERTY: You're the boss, and we respect that. All material produced by Service Provider for you will be yours to keep, and we'll happily relinquish any materials held by us within 48 hours upon request.

  3. PAYMENT: We know the value of your hard-earned money, and we promise to deliver a quality service at a reasonable price. You'll be billed for our services according to the agreed-upon payment schedule, with invoices submitted at the completion of each phase of the project. Payment is due within 30 days of receipt.

  4. CONFIDENTIALITY: Your secrets are safe with us. We'll keep all your confidential information under lock and key and won't share it with any third parties without your express written consent.

  5. TERM AND TERMINATION: We're in this for the long haul, but if for any reason you decide to terminate our partnership earlier than planned, we'll gracefully accept it. Client agrees to pay Service Provider for all services rendered up to the date of termination.

  6. WARRANTIES: We guarantee that we'll provide you with high-quality services that meet professional standards. However, we can't guarantee that the Scope of Work will meet all your requirements or that everything will run without a hitch. We'll do our best to work through any challenges that arise along the way.

  7. LIMITATION OF LIABILITY: We're superheroes, but we're not invincible. In no event shall either party be liable to the other party for any special, indirect, or consequential damages, including but not limited to loss of profits or business interruption, arising out of or in connection with this Agreement.

  8. GOVERNING LAW AND JURISDICTION: We're governed by the laws of the state of Missouri, and any disputes arising under this Agreement will be resolved exclusively in the courts of Warren County, MO.

ADDITIONAL TERMS AND CONDITIONS FOR PHYSICAL PRODUCTS:

  1. PRODUCT DESCRIPTIONS: Service Provider will provide descriptions of physical products offered for sale on the Client's website, which accurately represent the products. Service Provider will make a reasonable effort to ensure that the descriptions are free of errors, but cannot guarantee that they will be error-free.

  2. PRODUCT AVAILABILITY: Service Provider will make reasonable efforts to ensure that all physical products offered for sale on the Client's website are available for purchase. However, Service Provider cannot guarantee the availability of any product and reserves the right to discontinue the sale of any product at any time.

  3. SHIPPING AND HANDLING: Client acknowledges that additional charges may apply for shipping and handling of physical products, and that the cost of shipping and handling will be borne by the Client. Service Provider will make reasonable efforts to ensure that products are shipped within a reasonable time frame, but cannot guarantee the delivery time.

  4. PRODUCT RETURNS: Service Provider will make reasonable efforts to ensure that physical products are free of defects and meet the Client's requirements. If a product is defective, the Client may return it to Service Provider within 30 days of receipt for a full refund or exchange.

  5. PRODUCT WARRANTIES: Service Provider does not manufacture the physical products offered for sale on the Client's website and cannot offer any warranties or guarantees beyond those offered by the manufacturer. The Client agrees to indemnify and hold Service Provider harmless from any claims related to the physical products offered for sale on the Client's website.

  6. CLIENT OBLIGATIONS: The Client is responsible for ensuring that all physical products offered for sale on their website comply with all applicable laws and regulations, including but not limited to product safety and labeling requirements. The Client also agrees to provide Service Provider with accurate and complete information about the physical products offered for sale on their website.

  7. INTELLECTUAL PROPERTY - PHYSICAL PRODUCTS: Any intellectual property associated with the physical products offered for sale on the Client's website, including but not limited to trademarks, logos, and packaging designs, are the sole property of the Client or the manufacturer. Service Provider agrees not to use any such intellectual property without the express written consent of the Client.

  8. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the state in which Service Provider is located, without giving effect to any choice of law or conflict of law provision. Any dispute arising under or relating to this Agreement shall be resolved exclusively in the state or federal courts located in the state in which Service Provider is located.

  9. MODIFICATIONS: Service Provider reserves the right to modify these Additional Terms and Conditions for Physical Products at any time. Any modifications will be effective immediately upon posting on the Client's website. The Client agrees to review these Additional Terms and Conditions for Physical Products periodically and to be bound by any modifications.

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