1. Client’s Acknowledgement and Acceptance of Terms
Matt Power (“I” or “me”) provides the Matt Power site and various related services (collectively, the “site”) to the client (“you” or “your”), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service”), as well as any other written agreement between us and you such as but not limited to a Statement of Work (SoW) or tax invoice.
By purchasing a product or service (or registering for a free product or service), you confirm that you agree to adhere by these terms and conditions of these Terms of Service. These Terms of Service are legally binding and represent an agreement between you (the “client”) and me (the “provider”).
I expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Service periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
As used in these Terms of Service, references to our “Affiliates” include our owners, affiliated companies, subsidiaries, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
2. Products and Services
4. Registration, Password and Security
As a condition to using the site and its services, you may be required to open an account with Matt Power and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Service, which may result in immediate termination of your Matt Power account.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Matt Power account. You must ensure that others do not gain access to your password. You may not share your account or transfer your account with anyone, and we reserve the right to terminate your account if you do share or transfer your account.
5. Limitation of Liability
The products and services of Matt Power are sold “as is.” In all circumstances, the maximum liability of Matt Power to the client for any damages for any and all clauses whatsoever, and client’s maximum remedy, regardless of the form of action, whether in the contract, tort or otherwise, shall be limited to the net profit of Matt Power. In no event, shall I be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relation to the materials or the services provided by me, even if I have been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
I ensure to the best of my ability that my systems and servers are protected from hackers, viruses, intruders and other online and offline disruptions, however I will not be held liable for any disruption of services if such a situation arises.
6. Force Majeure
Neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including act of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor dispute, governmental act, or failure of the Internet, provided that the delayed party (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to correct promptly such failure or delay in performance, and further provided that this clause shall not be used to delay any payment obligations.
You hereby agree to indemnify Matt Power, its affiliated and associated companies, and their respective directors, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) the use of the Services, by you or any person using your account or Matt Power Username and password, or (iii) any violation of any rights of a third party.
8. Intellectual Property
All custom graphics, icons, logos and service names are intellectual property of Matt Power. Matt Power intellectual property may not be used in connection with any product or service without the prior written consent of Matt Power.
9. Term and Termination
This Agreement shall be effective once you have registered an account on www.mattpower.com.au, subscribed to any Matt Power mailing list, downloaded any product (free or paid), engaged in any course available on www.mattpower.com.au or a proposal, contract or SoW (Statement of Work) has been signed by both parties and shall remain in effect until terminated pursuant to the provisions of this section.
If you wish to terminate your Matt Power service, you must contact me via my site using the Contact page https://www.mattpower.com.au/contact, with your termination request. All provisions of the Terms of Service which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
I may terminate or suspend any and all Products or Services and/or your Matt Power account immediately, without prior notice or liability, for any reason whatsoever, including without limitation, breach these Terms of Service. Upon termination of your account, your right to use the services will immediately cease, and you acknowledge and agree that I may immediately deactivate or delete any files in your account. I shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
The client warrants to Matt Power and agrees to Execute all documentation necessary to allow us to directly debit monthly charges for work undertaken by this agreement, ensure that you will have available on the date of payment schedule funds sufficient to make a payment to us to fully discharge any monies due and owing as at the date of payment schedule, and make payments to me upon receipt of a tax invoice from me for any charges which shall be charged in advance.
In the event that you default in any scheduled payment, or any tax invoice from Matt Power, I reserve the right to suspend or terminate all products and services until such a time that you have paid to us in full any outstanding amounts due, including any reactivation fee as set by me.
The client agrees to advise Matt Power of any change of contact details. Matt Power will not be liable for any consequences of tax invoices or other notices or documentation being sent to incorrect addresses as a result of a failure of the client to provide notice of a change of said details.
Due to the nature of this agreement I shall not be compelled to issue a refund, pro-rated or otherwise for any reason. I do reserve the right to issue a refund on a case-by-case basis at my sole discretion.
If any of the provisions of this Agreement is or becomes illegal, unenforceable, or invalid, (in whole or in part for any reason), such provision shall be struck out and the remainder of this Agreement shall remain in full force and effect without being impaired or invalidated in any way.
All notices to me shall be in writing and shall be made either via email or conventional mail. Notices to me must be sent to firstname.lastname@example.org if by email, or to P.O. Box 789 Aspley, QLD 4034, Australia, if by conventional mail.
Notices to you may be sent to the email address supplied by you as part of your Registration Data. In addition, I may broadcast notices or messages through the site to inform you of changes to the site or services, or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
14. Governing Law
This site is controlled by me from Queensland, Australia. The site can be accessed from other Australian states and territories, and from other countries around the world. By accessing this site both parties agree that the statutes and laws of the Queensland, Australia, to all matters relating to the use of this site and the purchase of products and services available through this site.
15. Entire Agreement
No representations or statements of any kind made by either party, that are not expressly stated herein or in any written amendment hereto shall be binding on such party. The parties agree that this Agreement and/or Statement of Works (SOWs), shall constitute the complete and exclusive statement of the agreement between them, and supersede all prior or proposals, oral or written, and all other communications between them relating to the subject matter hereof.