Terms and Conditions
PI Subscription Service
This Subscription Service Agreement is entered into by and between The Power InitiativeTM (“Consultant”) and the customer identified in an Order Form (“Client”) that references this Subscription Service Agreement. The parties are bound by this Agreement as of the Effective Date set forth in the Order From executed between the parties. As used herein, references to the “Agreement” means this Subscription Service Agreement, all Order Forms hereunder, subsequent amendments, and such other attachments and exhibits that are mutually executed by the parties’ authorized representatives.
OVERVIEW
The Power Initiative™ is a social impact agency offering business consulting services, including Grant Management, Project Management, Capacity Building, and Talent Development. Clients gain access to the expertise of the Power Initiative team based on their subscription level.
IN CONSIDERATION of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:
I. GENERAL CONDITIONS
1. Engagement: The Consultant will provide services as determined during the initial intake meeting and outlined in the selected subscription level.
2. Ownership of Work Products:
a. Client shall own all data, information, and other work developed or obtained by Contractor pursuant to this Agreement, unless explicitly expressed otherwise by contractor in writing.
b. For purposes of this Agreement any copyrightable work (“Work”) developed in the course of performance under this Agreement shall be deemed “work made for hire” under federal copyright law and all ownership rights to such work belong to Client. Consultant will retain a limited license in the Work produced for portfolio purposes. Said license permits advertisement of Work, storage of data, and continuing right to display and reproduce Work in print and online portfolios.
c. Should such Work not constitute a “work made for hire” under copyright law, Contractor hereby grants, transfers, assigns, and conveys to Client and its successors and assigns, the entire right, title, and interest in the Work or any part thereof, including but not limited to the right to reproduce, prepare derivative works, distribute by sale, license or otherwise transfer; to perform publicly, to display and to secure copyrights or patents and to renew, reissue, and extend any such copyrights or patents in the United States of America or any foreign country. Consultant will retain a limited license in the Work produced for portfolio purposes. Said license permits advertisement of Work, storage of data, and continuing right to display and reproduce Work in print and online portfolios.
d.Any patentable invention conceived or reduced to practice in the course of performance under this Agreement shall be the property of Client upon full compensation of total contracted amount. Consultant will be documented and acknowledged as a contributor to Work onanypublic distribution, derivative work, patentable invention or copyright.
e. Whether a copyright or patent in the work will be maintained or registered in the United States of America or any foreign country shall be at the sole discretion of the Client.
3. Permission to Showcase: Client hereby grants to Contractor the right to showcase a selection of completed project deliverables, including design concepts, visuals, and final product images, within Contractor’s online portfolio and marketing materials, with the option to include the Client’s company name and logo, subject to prior written approval from the Client regarding specific content and usage.
4. Compensation: The Consultant shall be compensated in accordance with its Scope of Work, as set forth in the Fee for Services portion of this document.
5. Term: Thetermofthis Agreement shall commence on the Effective Date set forth in the initial Order Form and shall continue in full force and effect until the agreement termination by the client. Subscription Agreement PI Subscription Service
a. Subscription Term. The initial Subscription Term shall be specified in the relevant Order Form. Upon the expiration of the initial Subscription Term, the Subscription Term will automatically renew at the level set forth on the initial order form, unless either party provides the other party with written notice of non-renewal at least thirty (30) days prior to the end of the then-current Subscription Term.
6. Warranty: Consultant warrants to the Client that it is qualified to provide the services which are stated and incorporated by Section II of this agreement. Warranties: State that you own the IP and have the authority to grant usage rights. Indemnification: Protect your company from liability if the client misuses your IP or breaches third-party rights.
7. Default; Termination; Cancellation: The failure of either party to perform any term, condition, or covenant made or undertaken by it, or the violation of any warranty or representation in this Agreement, shall be deemed a material default of this Agreement. If a default occurs and remains uncured by the defaulting party for 10 days after the other party has given a notice of default, the non-defaulting party shall have the right to terminate this Agreement. The right to terminate shall be cumulative and in addition to any and all other rights and remedies available to the parties. Client and Consultant may cancel this agreement upon ten (10) days advance written notification by either party. Compensation at the date of termination shall be mutually agreed upon by Client and the Consultant. Client agrees to immediate cessation of use of all consultant intellectual property at the cancellation/termination of the agreement.
8. Governing Law: This Agreement shall be governed and controlled by the laws of the State of Michigan as to interpretation, enforcement, validity, construction, and effect in all other respects.
9. Venue: By execution of this Agreement, the parties consent to venue in Genesee County of any action brought to enforce the terms of this Agreement or to collect any monies due under it.
10. Notices: Any notice that either party may give or is required to give under this Agreement shall be in writing and, if mailed, be effective three days after being sent by certified or registered mail, postage prepaid, addressed to the other party at the other party’s address set forth in this Agreement or any other address that the other party provides in writing.
11. Confidentiality: The Consultant agrees to maintain the confidentiality of the Client’s business, including information related to the Client’s customers and operations. All terms and conditions of this Contract are considered confidential information. The Consultant agrees to protect this information with the same level of care as they would their own confidential information and will not disclose, share, or transmit it to any third party without prior written consent from the Client.
However, if disclosure of confidential information is legally required by a governmental authority, court, or other competent body, the Consultant will promptly notify the Client, allowing them to seek protective measures or waive compliance with this confidentiality clause. This obligation of confidentiality will remain in effect even after the termination of this Contract, regardless of the reason for termination.
12. Intellectual Property Use: During the term of the Agreement, CONTRACTOR will provide CLIENT with certain intellectual property that has been licensed to or created by CONTRACTOR. CLIENT understands it is not authorized to use such intellectual property except for work performed for CLIENT, agrees to use such intellectual property only for the CLIENT, and agrees not to use intellectual property outside of services provided in support of CLIENT. CLIENT will retain a limited license in the Work produced for portfolio, recordkeeping and reporting purposes. Said regional, non- commercial use license permits storage of data, and continuing right to communicate information essential to Subscription Agreement PI Subscription Service project interested parties. Said license will not permit sharing of confidential information or perpetual use of intellectual property, curriculum or templates in accordance with the confidentiality terms of this agreement license is only good for the duration of the paid contract. Restrictions: Prohibited unauthorized use, modification, reproduction, or distribution.
13. Ownership Clause: All intellectual property, whether pre-existing or created under the contract, remains the exclusive property of The Power Initiative unless explicitly transferred.
II. SCOPE OFWORK
The Consultant will provide contractual services to the Client. The Consultant will satisfy all responsibilities as outlined in the subscription level outline.
III. FEE FOR SERVICES
Subscription fees are billed monthly or annually based on the subscription level. Annual fees are due at the time of the initial Order Form submission. Monthly fees will be billed continually until cancelled by the client. All fees are non-refundable unless otherwise stated in this Agreement. Payments are processed via auto-pay on agreed invoice dates. Payment forms accepted, major credit cards and ACH.
Additional Costs: Any costs incurred outside of the agreed-upon subscription fee, including but not limited to additional materials or additional services requested by the Client, must be pre-approved in writing by the Client, via separate agreement with the consultant. These additional costs will be itemized and invoiced separately, with payment due according to the terms outlined in this agreement.
Late/Declined Payments: Payments declined at time of processing will result in immediate cessation of services until the payment has been received. Late/Declined payments do not result in the adjustment of the payment schedule. If payment is not corrected in 7 calendar days, the subscription will be cancelled. Client will be responsible for a $100 forced cancellation fee, that will be invoiced separately. Any adjustments or accommodations to the late/declined payment portion of this agreement can only be approved in writing by the consultant
IV. FORCE MAJURE
Neither party shall be held liable for failure or delay in performing its obligations under this agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, labor disputes, pandemics, or other unforeseen events. In such cases, the affected party shall promptly notify the other party in writing and take reasonable steps to resume performance as soon as possible
Power Retreat
Payment Deposits: To reserve your spot, The Power Initiative/Travel Buzz Travel Company receives a deposit payment, followed by a customized or set payment plan. All Deposits are Non-Refundable. The payment of a deposit for a trip shall be deemed as acceptance of the terms and conditions. Changes to these terms and conditions can only be made in writing and signed by CEO Jade Hood.
Trip Pricing: In the case of billing errors, The Power Initiative & Travel Buzz Travel Co. reserves the right to re-invoice you with correct pricing. Every effort has been made to produce pricing information accurately. Mistakes, however, do occur, and The Power Initiative/Travel Buzz Travel Co. reserves the right to correct promotional or pricing errors at any time. The Power Initiative/Travel Buzz Travel Co. also reserves the right to raise the Original Price and/or airfare in response to increases in government taxes or fuel surcharges until you pay in full.
Final Payments: Final Payments are due 30 days prior to departure without exception. Failure to pay by the Final Payment Deadline will result in Trip Cancellation, and any payments already made will be forfeited and retained by The Power Initiative/Travel Buzz Travel Co. In the event that there is still an outstanding balance, the balance must be paid. Once the account has been deemed as overdue, the overdue balance will be forwarded to a collections agency and the “traveler” will be responsible for any cost incurred to retrieve outstanding debts.
Past Due Payments: Payments that are past due will incur a 25.00 late fee within 5 days of the missed payment. Payments that are 30 days past due risk trip cancellation, and payments that are 60 days past due will automatically undergo cancelation.
Trip Quotes: Trip quotes are provided for you at the time of inquiry, and do not guarantee pricing. Until deposits have been secured, pricing can fluctuate. If multiple payments have been missed, trips may be vulnerable to pricing fluctuations.
Cancelations & Refunds: The Power Initiative/Travel Buzz Travel Co. realizes that most people who cancel their reservations do so out of necessity. Nevertheless, cancellations are costly to administer and involve dedicated staff time and communications costs. Therefore, all cancellations made later than 24 hours after booking are subject to a nonrefundable administrative fee of $300 per person. Cancellations made within 24 hours of booking will be subject to the same fee, unless your reason for canceling given at the time of cancellation is your rejection of these Terms and Conditions. This fee does not include airline cancellation fees. There may be additional cancellation penalties associated with certain excursions or extensions. Please note, however, that reservations made after the final payment date are immediately subject to cancellation charges. Cancellations must be in writing to be effective and include the reason for cancellation. If you need to cancel your reservation, you must call and speak to a Customer Service Representative. Traveler substitutions are considered reservation cancellations and are subject to cancellation fees which may also include airline fees. Please note that we do not make any refunds for any unused portion of your trip. If your travel companion cancels and you are unable to secure another traveler, you will be considered a single traveler and subject to the single supplement charge.Trip name exchanges may be made for an additional cost depending on the specific trip and airline terms and conditions, but are not guaranteed. All payments are non-refundable, Depending on the time and reason for cancellation, you may still be responsible for your full trip payment and any applicable collection/legal fees
Responsibility & Liability: The Power Initiative/Travel Buzz Travel Company reserves the right to decline any person from participating in a hosted group trip, or to cancel a trip with proper notice, in which participants will receive a full refund for any unused portion of the trip. The Power Initiative/Travel Buzz also reserves the right to remove any persons from the trip whose behavior is deemed as disruptive, offensive, or belligerent to other trip participants, The Power Initiative/Travel Buzz Travel Host, or any third-party representatives. Should this occur you will forfeit the trip cost and Travel Buzz will have no liability, financial or otherwise.
The Power Initiative/Travel Buzz Travel Co. obtains the right to take photographs or film record any of its trips & excursions, and to use such content for commercial and or promotional purposes, by traveling with The Power Initiative/Travel Buzz Travel Co, you agree to the usage of any pictures or videos for this purpose.
Without limiting the foregoing, The Power Initiative/Travel Buzzz Travel Co. is not responsible for any losses or expenses due to delays or changes in schedules, overbooking or downgrading of accommodations, defaults by any third parties, including Suppliers, mechanical or failure of airplanes or other means of transportation, or the failure of any transportation mechanism to arrive or depart on time. The Power Initiative/Travel Buzz Travel Co. is not responsible for acts of God or force events, sanitation problems, lack of medical care, sickness, weather conditions, strikes and other labor activities, acts of terrorism, acts of war (declared or undeclared), quarantines, embargoes, blockades, criminal activities, or any other act or event beyond the direct control of The Power Initiative/Travel Buzz Travel Co. We reserve the right to modify tour itineraries and substitute hotels and accommodations without liability to The Power Initiative/Travel Buzz Travel Co.
The Power Initiative/Travel Buzz Travel Co. assumes no financial responsibility for any cancellations or delays resulting from invalid passports, visas, or other travel document requirements, or for tickets or other travel documents that do not reflect your name exactly as it appears on your passport. The Power Initiative/Travel Buzz Travel Co. reserves the right to change the itinerary of the trip without prior notice. If the trip is canceled by The Power Initiative/Travel Buzz Travel Co. for lack of participation, The Power Initiative/Travel Buzz Travel Co. shall have no liability beyond the prompt refund of all trip participants’ payments received by it. The common carriers used are not responsible for any act, omission, or event occurring when trip participants are not aboard their conveyances. optional Travel Protection is available through a third party carrier
The Power Initiative/Travel Buzz reserves the right to change the departure date of any tour as well as to cancel a trip or extension that does not attain a minimal level of participation. If The Power Initiative/Travel Buzz changes a departure date to a date within 14 days of the original departure date, cancellation penalties as described in this Agreement still apply should you subsequently decide to cancel. We provide trips in many countries around the world. You agree to assume responsibility for your own safety, and we cannot guarantee your safety at any time. Local conditions, including infrastructure, road conditions, medical care, safety and security, may differ significantly from those found in the United States. At any given moment there are also likely to be “trouble spots” in the world in terms of war, terrorism, crime, Acts of God, civil commotions, labor trouble, and/or other potential sources of harm. The United States Department of State and other governmental and tourist organizations provide information on foreign countries, including details of local conditions in specified cities and countries according to such agency’s perception of risks to travelers. We strongly recommend you obtain and consider such information when making travel decisions. We assume no responsibility for gathering such information or providing it to you. In the event that The Power Initiative/Travel Buzz must cancel a trip due to global unrest, affected passengers will be granted a complete future travel credit for the amount paid for the trip. The Power Initiative/Travel Buzz will not refund any amount paid by any trip participant who must or chooses to leave a tour prematurely for any reason. The Power Initiative/Travel Buzz will also not be responsible for the lodging, meals, return transportation or other expenses incurred by such trip participants.
Roommate Matching Service: If you reserve a trip with The Power Initiative/Travel Buzz Travel Co. for which roommate-sharing is available, and if you would like to share a twin-bedded room with another single traveler of the same gender, The Power Initiative/Travel Buzz Travel Co. will do its best to match you with a roommate.
Passports & Visas: Please note that a Passport is required for any trip outside the US with the exception of Canada and Cruises. It is the responsibility of the traveler to obtain the correct legal documents for travel. The Power Initiative/Travel buzz Travel Co. does not claim responsibility for trip disruptions due to illegitimate, expired, misplaced, or lack of proper documentation, and will not accept any liability, cost or otherwise, for the absence of these documents