Terms and Conditions (Individual Membership)
Individual INDEPENDENT CONTRACTOR Agreement
The following are the terms and conditions, including the fees, for entering into an independent contractor agreement with UP Creative, Inc. for the Marketing Assistant Service ("MA Service"). The terms and conditions govern the use of, and subscription to, the MA Service, a service provided by UP Creative, Inc. through the use of its employees, agents or independent contractors under an independent contractor employment agreement with you.
The UP Creative Marketing Assistant Service is service under an Independent Contractor agreement provided by UP Creative, Inc. These terms and conditions ("Terms of Service") govern your access to and use of the MA Service, including any products, software, services, and web site (collectively "Services"), and any and all information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services (collectively "Content"). By accessing and using the Services, you are agreeing to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you are not allowed to use the Services. Wherever used in these Terms of Service, "you", "your" or similar terms mean the person or legal entity entering into an independent contractor agreement utilizing or accessing the Services.
UP Creative, Inc. may update and change the Terms of Service from time to time without notice. Continued use of the Service after any such changes shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the UP Creative, Inc. Terms of Service.
Basic Individual Annual Independent Contractor Work Agreement with Monthly Billing
Your MA Service independent contractor agreement will be billed by your choice of monthly or annual payment choices to your credit card. You are hiring UP Creative, Inc. as an independent contractor under your employ. The charge will appear from UP Creative, Inc. at the rate of $300 per month for the 10-task monthly program or $199 per month for the 5-task monthly program. If you registered during a 'special offer,' that promotional rate will be your monthly fee for a standard annual membership. The fee you pay includes the basic 5 or 10 marketing tasks per subscription account per month, dependent on monthly plan you chose. Unused tasks may not be carried over to another month. The billing date is configured by the processing system and may not be your actual enrollment date, but another date within that same month. Your agreement is an annual contract from your Service Activation Date.
As an independent contractor agreement with UP Creative, Inc. under your employee, you may file and claim 100% of the cost of this service as a business expense. 1099's will be provided upon eligibility and request. The Term of this independent contractor agreement is for one (1). Commitment will be for one (1) year from the Service Activation Date regardless of monthly or annual subscription preference. Independent contractor contract termination requests must be made via the MA service interface though a support ticket and will only be applied to the following year renewable annual billing term. 'Support Ticket' is defined as using the approved system chat, or email to contact and request cancellation. You will be able to access your MA Service and all of the services offered through the MA Service after your cancellation is processed until the end of your annual contract. If you have cancelled your subscription, all services and access to the system will be terminated at the end of your contract term unless you reinstate in writing via the MA Service ticket support system prior to the end of your annual term. The Automated Recurring Billing system will automatically renew a one-year contract every year from enrollment unless cancelled under the approved methods of the system as defined above.
You understand there are no refunds or credits for the MA Service regardless of the monthly usage amount of the user. Cancellation of your automatic billing renew can be done anytime but must be made by creating a support ticket for cancellation through the MA Service, and will be applied to the following annual term. Specifically this means you will not be rebilled for a new annual subscription at the time your current annual subscription expires. Broker & Company terms and conditions under Sponsorship/Licensing packages are customized Terms of Service under independent contractor agreements and are outlined within the specific customer contract for the individual broker and/or company for each specific account.
You acknowledge and accept that you are hiring UP Creative, Inc. as an independent contractor under your employee and are solely responsible for any Content you authorize to be posted on your behalf by any representative or employee of the Company. You are responsible for your use of the Services and for any Content created by yourself or an UP Creative MA representative on your behalf. You take all risks associated with the Services you authorize and any Content accessed or made available to others through your account. UP Creative, Inc. will not be held responsible for your use of the Services or for any such Content. As an independent contractor under your employee, we will honor and all terms of conditions/use of any and all systems we work on under your employee on your behalf. Company may change the Services or stop providing them (temporarily or permanently) at any time and from time to time without notice. You acknowledge that the Services are an independent contractor agreement that allows the Company and its representatives to post Content to third party service providers (e.g., Twitter, Facebook) ("Third Party Service Providers") on your behalf. You agree to comply with the relevant terms and conditions of any such Third Party Service Provider. Your access to and use of the Services must be in accordance with these Terms of Service. If you violate these Terms of Service, you are no longer permitted to use the Services and UP Creative, Inc. may (but has no obligation to) terminate your ability to access or use the Services at any time. Company is fully responsible for the acts or omissions of its employees, agents or independent contractors. Company warrants and represents that it (including its employees, agents or independent contractors) will only access subscriber's accounts/tools to the extent authorized and will only perform those tasks as directed. Under no circumstance will Company incur any costs or expenses on behalf of subscriber.
Company represents and warrants to Subscribers that:
It is fully responsible for complying with all applicable PCI Data Security Standards.
It and its employees, agents and independent contractors shall strictly maintain confidentiality in connection with all information provided to Company in connection with providing the Service, including but not limited to, marketing strategy, usernames, passcodes, and passwords.
It shall comply with all applicable laws in connection with providing the Service.
Subscriber authorizes Company to:
Access, utilize, and edit any tools and services subscriber has access to as an independent contractor under the employee and authorization of the Subscriber.
Post and manage content on any third party website, product, service, or social media systems in accordance with Subscriber's specific authorization and directives.
Please Note: 'Company's servers' automatically record information sent by your browser when you use the MA Service, including Internet Protocol address, browser type and language, and date and time of request. We may also collect information using cookies, web beacons or similar technologies.
You understand that by using the Services you may be exposed to third party Content that might be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive. Company does not pre-screen Content on third party websites and cannot be responsible for the Content accessed or made available to others through the MA System. UP Creative, Inc. and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. Company may (but has no obligation to) remove Content and accounts containing Content that Company determines in its sole discretion to be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive (including Content that Company determines in its sole discretion to: (a) be libelous, defamatory, pornographic, obscene, or otherwise objectionable; or (c) violate any party's intellectual property).
The MA Service is an online support system that is subject to the limitations of the Internet, ISP providers, and server support and constraints. The MA System is expected to be live and functioning 95% of the time but outages, server and ISP issues do present themselves and at times the MA System may be unavailable. Outages will not exceed 24 hours and 'outages' are defined as system failure or redirect.
Viewing and Updating Your Information
At any time, you may edit your billing information by creating a support ticket through email or chat using the UP Creative MA system, or by snail mail to UP Creative Technologies, 16835 Algonquin Street Suite #480 Huntington Beach, Ca. 92649