TERMS OF SUBSCRIPTION - Amptek Growth

Amptek, LLC

Date Last Updated: January, 2023

Terms of Service

By clicking on the “I Accept” button, you (a) acknowledge that you are read and understand these Terms of Subscription (as defined below); (b) represent and warrant that have the right, power, and authority to enter into these Terms of Subscription and, if entering into the Terms of Subscription for an organization, that you have the legal authority to bind that organization; and (c) accept these Terms of Subscription and agreed that you are legally bound by them.

These Terms of Subscription are subject to change by us without prior written notice at any time, in our sole discretion. Any changes to the Terms of Subscription will be in effect as of the “Last Updated Date” referenced on the Website. Your continued use of this Website after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

Applicability  

These terms and conditions for subscription services (these "Terms of Subscription") are the only terms that govern the provision of subscription services between You (“Customer”) and Amptek LLC ("Amptek," "Service Provider," "we," or "us").

These Terms of Subscription prevail over any of Customer's general terms and conditions regardless of whether or when Customer has submitted its request for proposal, order, or such terms. Provision of subscription services to Customer does not constitute acceptance of any of Customer's terms and conditions and does not serve to modify or amend these Terms of Subscription.

Services

Service Provider shall provide the subscription services to Customer (“Services”) in accordance with the Terms of Use, Privacy Policy and these Terms of Subscription. These Terms of Subscription and Privacy Policy can be found at www.amptekgrowth.com/amptek-growth-terms-and-conditions and http://www.amptekgrowth.com/privacy, and are incorporated herein by reference.

The Service Provider limits their scope of Services by the monthly subscription tier you choose. Currently, there are (2) subscription tiers: (i) Pro and; (ii) Platinum. Your subscription tier may include some or all of the following features:

     a)       Account success strategist

     b)       Marketing campaign building

     c)       Management dashboard

Customer's Obligations

Customer shall:

     a) cooperate with Service Provider in all matters relating to the Service for the purposes of performing the Services;

     b) respond promptly to any Service Provider request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for Service Provider to perform Services in accordance with the requirements of these Terms of Subscription;

     c) provide such Customer materials or information as Service Provider may reasonably request to carry out the Services in a timely manner and ensure that such Customer materials or information are complete and accurate in all material respects; and

     d) obtain and maintain all necessary licenses and consents and comply with all applicable laws in relation to the Services before the date on which the Services are to start.

Customer's Acts or Omissions

If the Service Provider's performance of its obligations under these Terms of Subscription is prevented or delayed by any act or omission of Customer or its agents, subcontractors, consultants, or employees, the Service Provider shall not be deemed in breach of its obligations under these Terms of Subscription or otherwise liable for any costs, charges, or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.

Subscription Fee

     a) Your subscription will only commence when we receive from you the application subscription payment.

     b) You will pay for your subscription each month in advance via the payment method you have on file with us via our payment processor, currently Stripe, Inc. The subscription payments for any given month are non-refundable regardless of usage but you can change or cancel your subscription at any time. We do not offer partial refunds or credits on cancellations. To change or cancel your subscription, you must send a cancellation request to accounts@amptekgrowth.com at least 48 hours before your monthly subscription renewal.

     c) In the course of providing services to you, we may incur certain expenses such as out-of-pocket costs pre-approved by you in writing. You agree to pay or reimburse us for these pre-approved expenses.

     d) If you request additional services, any additional work may be billed upfront, monthly or upon completion of the matter, depending on the billing arrangement discussed with you. Our invoices for additional services and expenses may be due on receipt or within 15 days of billing.

     e) You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the payment, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you for your subscription, additional services and pre-approved expenses, if any, regardless of whether you have used your subscription features in any given month.

      f) We may charge the payment method you have on file if any of our invoices are past their due date. We may also suspend all work and permanently disengage if any of our invoices are past their due date. In case of such suspension, you shall be responsible for ensuring any active matters are properly completed and/or promptly finding an alternative service provider of your choice and transitioning any active matters to such service provider for their proper completion.

      g) If a payment method fails, all late payments shall bear interest at the lesser of the rate of 1% percent per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. If a payment failure continues for 30 days or more, we may send such outstanding account to a collection agency. You shall pay or reimburse us for all costs incurred in collecting any late payments, including, without limitation, interest, late payment fees and attorneys’ fees.

Termination

In addition to any remedies that may be provided under these Terms of Subscription, the Service Provider may terminate these Terms of Subscription with immediate effect at will for any and no reason whatsoever.

Records

On termination of subscription, all records may remain with us for 90 days. Records of matters closed for more than 90 days may be destroyed at our discretion unless you instruct us otherwise.

Force Majeure

Service Provider shall not be liable or responsible to the Customer, or be deemed to have defaulted under or breached these Terms of Subscription, for any failure or delay in fulfilling or performing any term of these Terms of Subscription (except for any obligations of Customer to make payments to Service Provider hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the Service Provider’s ("Impacted Party") control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of these Terms of Subscription; [and] (f) national or regional emergency; (g) strikes, labor stoppages, or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; (i) other similar events beyond the control of the Impacted Party and (j) disruption in internet services on a large scale. The Impacted Party shall give notice within 15 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

Assignment

Customer shall not assign any of its rights or delegate any of its obligations under these Terms of Subscription without the prior written consent of the Service Provider. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of its obligations under these Terms of Subscription.

No Third-Party Beneficiaries

These Terms of Subscription are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express, or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms of Subscription.

Governing Law

All matters arising out of or relating to these Terms of Subscription are governed by and construed in accordance with the internal laws of the State of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the State of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Pennsylvania.

Submission to Jurisdiction

Any legal suit, action, or proceeding arising out of or relating to these Terms of Subscription shall be instituted in the federal courts of the United States of America or the courts of the State of Pennsylvania in each case located in the City of Pittsburgh and County of Allegheny and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

Severability

If any term or provision of these Terms of Subscription is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Subscription or invalidate or render unenforceable such term or provision in any other jurisdiction.

Survival

Provisions of these Terms of Subscription, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of these Terms of Subscription including, but not limited to, the following provisions: Governing Law, Submission to Jurisdiction, and Survival.

Your Comments and Concerns

This website is operated by Amptek, LLC, 12121 Frankstown Rd #2003, Pittsburgh, PA 15235.

All notices of copyright infringement claims should be sent to the copyright agent accounts@amptekgrowth.com.