MASTER SERVICE AGREEMENT
This Master Services Agreement pertains to all services listed on the websites and is between M.O.V.E. UP MARKETING GROUP, which is referred to as (“Move Up, We, Us, Move Up Marketing Inc”), and all of Move Up’s properties, such as “Get Fame,” “TMT Creators Hub” housed on the domain” www.tmtcreatorshub.com” and “TMT Creators Hub Influencers & Brands” and “Move Up Sites housed on www.moveupsites.com,” and “Hippy Chic Blog,” and the Client which is a signatory hereto the name of the company or individual we are working with, and who this contract applies to, and the Professional which is a signatory hereto the name of the third party company or individual the actual work is being performed by. It is made effective as of the date of the order. *”Move Up” is the short name of M.O.V.E. UP MARKETING GROUP that has this agreement with the Client and Professional. In this contract, the “Client” refers to (the company(s) legal name, or individual) ordering the service or who is receiving the tangible personal property in exchange for monies. In this contract, the “Professional” refers to (the company(s) legal name, or individual) performing and delivering the service and product.
The Client of (including GET FAME site, TMT Creators Hub, Tik Tok Marketing Tips user/member, Move Up Sites, www.moveupsites.com )agrees to hold M.O.V.E. UP MARKETING GROUP, its owner: Linda Jordan, and Move Up’s agents, employees, subsidiaries, Facebook Groups, and Facebook Inc., and the third party companies and individuals that are referred to by Move Up, harmless for any type of incidental, punitive, indirect or consequential damages, including, but not limited to: lost revenue, lost profits, lost time, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), product liability, strict liability, acts of GOD, wars, strikes, government restrictions or regulations, or (in the absence of Move Up’s own negligence) any of the above-stated occurrences arising from the use of Move Up’s services, and or from use of any vehicle (tools, automotives) utilized for completing a service or selection thereof, or from any act of omission by Move Up’s owners: Linda Jordan, Move Up’s agents, and employees. Therefore, M.O.V.E. UP MARKETING GROUP shall have no liability. Upon using this website, (Client) agrees to defend and indemnify Us and Owner: Linda Jordan, its agents, and employees and hold them harmless for any damage or injury, including attorneys fees, and cause by the act or omission of the subcontracted worker(s). This obligation applies whether or not the third party company and or individual was negligent, excepting the sole negligence or intentional conduct of the third company party and or individual in which case, only the third party company and or individual could only be liable. This agreement becomes effective upon execution of this confirmation and shall be governed by the laws of California.
TMT Creators Hub members who would like to find influencers can do so at $10 a post. Brands that would like to look for influencers must go through us and there is a fee. If a Brand enters the group and requests an influencer in a post, that post would be removed. Payments for Brands to post is $50 per post.
Posts that have nothing to do with our goal of being influencers will be removed at our discretion.
TMT CREATORS HUB (FB group also known as TMT Creators Hub Influencers & Brands)
TMT CREATORS HUB MEMBERSHIP AGREEMENT
AFFILIATES PERKS AND RULES AS MENTIONED IN TMT Creators Hub Influencers & Brands are as follows:
- 💛🧡❤SUBMIT ONE ORIGINAL PIECE OF WORK ONCE A WEEK.
- Have #tmtcreatorshub – or #tmt or #tmtcreator (or a similar spelling) in their Bio.
- MAKE A POST shouting out our hub on our TMT page
- USE #tmtcreatorshub in your posts as a hashtag to bring awareness in posts.
BENEFITS FOR DOING THIS WILL BE:
-Live promotion, Affiliate of the month Shout-out post, Can promote a video in a group room or in a post, and can sell TMT merch
for commission once the website has been created.
TMT Creators Hub is owned by Linda Jordan and Move Up Marketing Inc. but the videos are your property. Should you decide to want us to remove them, we can private them for good. By submitting a video to TMT Creators Hub’s social media pages, you give us the express permission to use it at no charge for the purpose of promoting our hub and all affiliates. *Please note if Tik Tok puts an ad on it- we will not get paid and you would not either.
All TMT Creators Hub affiliates and members (as they are the same) must agree that Linda Jordan and Move Up Marketing Inc., all members and Facebook Groups and Facebook Inc. have no liability. You must also agree to not slander, create propaganda, use social media to tarnish the name and reputation of TMT Creators Hub, our TMT Creators Hub Influencers & Brands FB page, and or disrespect any members of our group or TMT Creators Hub, and if you do so you must approve your express removal from the group at our discretion. This means if we remove you for breaking our rules and breaching our contract, you agree that we have zero liability; see ( Section 9) of this agreement: Limitations of Liability.
-To create an exclusive Creators Hub of Talented and Undiscovered, Underrated Artists.
-To have a supportive tribe for all
-To spread love for artists and create harmony amongst all members
-To be hired by Brands and be a Hub for Brands looking to hire influencers
-When we reach a certain number of TMT Creators Hub members, we will assist more in Influencer campaigns within this TMT FB Group. ( in a creative way to be announced later)
TIK TOK MARKETING TIPS FACEBOOK MEMBERS ARE ELLIGIBLE TO BE AFFILIATES.
- a) #tmtcreatorshub (partners will be asked to do one Creative promotional post just introducing our Creators Hub to get more followers to our group) Bi-weekly (posts may not be spammy but rather be subtle and creative in nature)
- b) (affiliate partners will get to post their promotional video promoting their own business for free once a month on a Thursday on our FB page) but must have the hashtag in their bio area and do (a.)
- c) #tmtcreatorshub (affiliate partners will get 10% off any future merch)
- d) For DECALS, STICKERS, T-SHIRTS, HOODIES etc- Everything will be done through Move Up Marketing Inc. owner and founder of TMT Creators Hub -but #tmtcreatorshub affiliates may sell them and earn a commission –(We will set this up)
- e) Affiliates may not take ownership of TMT Creators Hub- the owner is Move Up Marketing Inc. The name, the brand, the logo, and all designs and concepts of TMT Creators Hub is owned by Move Up Marketing Inc. in its entirety.
- f) Should an Affiliate decide to leave for any reason, they can request their posts to be removed and this will be done. All engagement metrics on Tik Tok will be lost if this happens. We are not liable in any way if anything happens to a TMT Creator’s Hub or Tik Tok Marketing Group Facebook member’s posts. Section 9) Limitations of Liability applies in full to all of our properties, this website, TMT Creators Hub and Tik Tok Marketing Tips.
Instagram and Youtube. After TMT Creators Hub reaches 1 Million- We will create an Instagram. The same terms and conditions will apply to Instagram- we will cross post our posts over there. – For YouTube, we will need to figure out a plan that works for everyone if we have a channel. (to be discussed later)
- g) Affiliates will also get discounted membership for any future events we hold- to be discussed later.
**Please refrain from joining our group, or submitting posts, or becoming an affiliate if you do not agree to our terms and conditions and agreement.
*Sales Tax applies only to California residents here and only applies to tangible “personal property” that is transferred to the Client by means of sale. It is 7.75% and is applicable to services which lead to the outcome of having tangible items, i.e. business cards. According to the SBOE (State Board of Equalization) in CA, websites, website upgrades and other online services do not require a sales tax. (See: Reference: Sections 6006, 6010.3, 6010.30, and 6015, Revenue and Taxation Code Preston v. State Board of Equalization (2001) 25 Cal. 4th 197, 105 Cal. Rptr. 2d 407.) for more information. Please note that any fees associated using Paypal if any are separate. Please see Paypal for more information, and please speak to your service provider regarding whether they include the fees and taxes or whether they are separate.
This Agreement states the terms and conditions by which We will deliver and Client will obtain pertaining to any or all of the services provided by Us, including managed services, professional/support services, content delivery and third party services.
2.) OUR RESPONSIBILITY
We agree to do the following: 1.) Complete the tasks/services as promised to the best of our abilities. 2.) Fulfill our Scope as described in each individual agreement. 3.) Provide timely and courteous response
3.) YOUR RESPONSIBILITY AS A CLIENT
By agreeing to our terms, you the Client must do the following: 1.) Pay us a non-refundable payment based on Contract terms.
4.) YOUR RESPONSIBILITY AS A CONTRACTOR/PROFESSIONAL
By agreeing to our terms, you the Professional must do the following: 1.) Provide the client with great customer service and quality work. 2.) Adhere to our 1099 Agreement which you signed and agreed to. 3.) Agree again that We are never liable for payments that Clients did not make pertaining to work you did.
LATE PAYMENTS, PAYPAL ISSUES, AND CHARGEBACKS
Late Payments: If the Client cannot pay the professional the requested remaining amount at the time (tax inclusive for tangible property transferred and received; does not apply for web designs or online service) on the day that the project has been finished, all online orders concerned will be automatically terminated and Client will not be able to select or utilize any of the concepts that was given to the Client. At this point, the professional will have no further obligation to the Client. While notwithstanding We reserve the right in its sole discretion to terminate the Client’s access to all or a portion of the Service at any time with or without notice. In the event of such termination, the monies previously received for the order will not be refunded.
*For www.moveupsites.com, Mini-sites are on a subscription basis, if the payment is not made, the site will be pulled down after an email reminder, and 30 days. Both www.moveupsites.com and www.moveupmarketinggroup.com – will be listed in the footer of all mini-sites. To have this taken off, there will be an extra charge of $100. The footer will also include the client’s information as well, so that is included.
PayPal Issues: All disputes regarding Paypal will be brought to Paypal management.
Charge backs: Any charge back issue will be turned over to an external collection agency and may be pursued to the full extent of the law. Ideally, before placing the charge back call to the credit card company, Client should bring up the issue and discuss a solution for it with Us so this drastic action can be avoided. Each agreement will have a clause to waive any chargebacks, should you not accept that clause, please do not sign the agreement.
The Client is responsible for any applicable taxes for the purchase of tangible personal property, and this sales tax of 7.75% will be added to the total and must be paid by the Client to the service provider in addition to the total sum requested.
The Client will not be liable for any extra fees. The Client is only responsible for paying what he owes Us. If Client is late in paying, there will be a late payment fee of 1% of the total amount per week added as interest. If Client has not paid the full amount he owes after 30 days, the charge may be sent to a third-party collection agency. We will make every attempt to notify Client of late payment and penalties, but we will turn over the account if necessary to collect payment.
6.) OUR RIGHT
The client understands and agrees that We have the right in its sole discretion to pre-review, refuse or get rid of any project that is illegal, obscene, indecent, slander, stimulates religious, racial or ethnic hatred or violates the rights of others.
7.) PERSONAL INFORMATION
The details of your order will be given only to those who are processing your order. Those who are processing your order may include Move Up owners, staff and subcontracted members, as well as third-party companies. All of your credit card information and Paypal information is held by Paypal, and neither We nor any third-party service provider has access to any of that information. All online money matters are directly handled by Paypal. Otherwise, if there are transactions made outside of Paypal, these transactions are directly handled by third party companies which we have referred to you, and we are not responsible or liable for any of the transactions you: the Client has with third parties we simply refer and do not act as Liasons of.
8.) WHAT YOU OWN
During the order process, until the order has been fulfilled and has been given to the Client in exchange for cash, the Client does not own any materials, media or other content created during the revisions leading up to the final product. Once the sale is made, and the product is given to the Client, the product is the Client’s. However, the Client shall agree to allow Us to use their work as samples on their website or other promotional materials in a royalty-free manner granting Move Up (Us) exclusive worldwide rights to use the original as well as the modified and updated versions of the product in any way We want to use them. Client must also agree that the professionals they work with also have the rights to all of the ideas and products that were not selected by the Client.
9.) LIMITATIONS OF LIABILITY
The Client (including GET FAME site, TMT Creators Hub, Tik Tok Marketing Tips user/member )agrees to hold M.O.V.E. UP MARKETING GROUP, its owner: Linda Jordan, and Move Up’s agents, employees, subsidiaries, Facebook Groups, and Facebook Inc., and the third party companies and individuals that are referred to by Move Up, harmless for any type of incidental, punitive, indirect or consequential damages, including, but not limited to: lost revenue, lost profits, lost time, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), product liability, strict liability, acts of GOD, wars, strikes, government restrictions or regulations, or (in the absence of Move Up’s own negligence) any of the above-stated occurrences arising from the use of Move Up’s services, and or from use of any vehicle (tools, automotives) utilized for completing a service or selection thereof, or from any act of omission by Move Up’s owners: Linda Jordan, Move Up’s agents, and employees. Therefore, M.O.V.E. UP MARKETING GROUP shall have no liability. Upon using this website, (Client) agrees to defend and indemnify Us and Owner: Linda Jordan, its agents, and employees and hold them harmless for any damage or injury, including attorneys fees, and cause by the act or omission of the subcontracted worker(s). This obligation applies whether or not the third party company and or individual was negligent, excepting the sole negligence or intentional conduct of the third company party and or individual in which case, only the third party company and or individual could only be liable. This agreement becomes effective upon execution of this confirmation and shall be governed by the laws of California.
GDPR is enforced in the EU currently but may be enforced in the US. As such, we have always listed our data protection information. On our servers which for this website we use Fast Comet, we are protected under their security. For payment processing, the third partyprocessors will be responsible for the security regarding any and all payments. GDPR is primarily for EU citizens but also applies to any website that sells to EU citizens. Under Articles 17 & 18, We as Company are to: Give data subjects more control over personal data; even allowing personal data under certain circumstances to be erased.
Articles 23 & 30 states: If your data is lost or exposed, we need to implement reasonable data protection measures. Our most important information of yours is handled by third party services as mentioned above. Hosting company, and payment processors.
Articles 31 & 32 state: We need to contact you within 72 hours of learning of data breaches. We will certainly do so. Again, all sensitive information is handled by our third-party company partners whom we hire.
Articles 33 & 33a state: Data Protection impact assessments must be conducted. Our third-party partners will do these as they see fit in an event of a breach.
Article 35 states: Data protection officers must be appointed and supervised if the company processing the data handles genetic data, health, racial, religious and other very personal information. We are not such a Company.
Articles 36 & 37 state: The proper authorized parties must handle data sensitive information, and any and all breaches. Our third party companies will do so as they see fit.
Article 45 states that even if a website isn’t EU based, if it serves EU customers, this GDPR policy will apply to them. We are local, and our events are local; thus for the most part, GDPR will not apply to us.
Article 79 -GDPR non-compliance applies to EU citizens and outlines penalties for non-compliance to those that are EU or those that serve EU.
Every part of this website is protected by copyright laws. You may not copy any part of this website without prior written permission from Move Up Marketing Inc. and all owners first.