The following are the “Terms and Conditions” which govern the delivery of the radio production services provided by Elite Conversations Life Radio a.k.a. Roc4Victory LLC (“Elite Conversations”) to the client noted in the applicable Services Schedule (“Client”) which is executed by and between the parties and references these Terms and Conditions.
1. Project Authorization & Services. The “Services” provided under these Terms and Conditions will be those set forth in any mutually agreed services schedule, Elite Conversations quotation (“Quote”), registration, pre or post radio show services executed by the Elite Conversations and Client referencing these Terms and Conditions (each, a “Online Radio Show”). The Services may include (a) configuration, implementation, training or other consultation related to Elite Conversations Life Talk Radio services that Client has received rights to use under this agreement, and/or (b) strategic, advisory, design and/or other consulting services related to online radio production. Each Radio Show shall be governed by these Terms and Conditions. Client warrants that the individual executing the Services Schedule is a duly authorized representative of Client.
2. Service Contract. There is No Annual Contract to be a host for Elite Conversations Life Talk Radio. You only pay for the show that you schedule each month. You can schedule a monthly, bi-weekly or weekly show.
3. Payment for Services. Startup fees are invoiced in full upon registration to be a host for Elite Conversations Life Talk Radio, with payment due upon receipt. Payment for your shows are made on a month to month bases in advance of the shows for that month.
4. Provision of Services. Elite Conversations will perform Services based on a schedule mutually agreed to by the parties. Services will expire unless the pays for services in advanced. Services will ordinarily be performed by a Elite Conversations service representative or other authorized representative of Elite Conversations. Client agrees, however, that Elite Conversations, in its sole discretion, may provide the Services through a third party representative.
5. Intellectual Property Rights. Elite Conversations Life Talk Radio has and will retain sole and exclusive right, title and interest in and to all content created on Elite Conversations Platform via Blog Talk Radio Hosting. Clients can request a copy of shows that they record on Blog Talk Radio at no additional charge from Elite Conversations Life Talk Radio. The ability to share the content with the client, will rely solely on our ability to down load the content for Blog Talk Radio. The client agrees not to hold Elite Conversations Life Talk Radio accountable or liable for any content that Blog Talk Radio can't or will not provide for any reason.
6. Limitation of Liability. NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS TO THE CONTRARY, THE ENTIRE LIABILITY OF EITHER PARTY TO THE OTHER ARISING OUT OF THESE TERMS AND CONDITIONS FOR THE SERVICES PERFORMED HEREUNDER SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CLIENT TO ELITE CONVERSATIONS UNDER THE APPLICABLE SERVICES SCHEDULE. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS OR DATA) WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE PARTIES AGREE THAT THE LIMITATIONS SPECIFIED IN THIS SECTION 10 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS AND CONDITIONS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Elite Conversations is willing to enter into these Terms and Conditions and the Services Schedule and perform Services for Client only in consideration of and in reliance upon the provisions of these Terms and Conditions limiting Elite Conversations’ exposure to liability, including but not limited to the provisions contained above. Such provisions constitute an essential part of the bargain underlying these Terms and Conditions and the Services Schedule and have been reflected in the consideration specified therein.
7. Independent Contractor. Elite Conversations is, and throughout the term of these Terms and Conditions and the Services Schedule shall be, an independent contractor, and not an employee, partner or agent, of Client. Elite Conversations shall not be entitled to nor receive any benefit normally provided to Client’s employees such as, but not limited to, vacation payment, retirement, health care or sick pay. Client shall not be responsible for withholding income or other taxes from the payments made to Elite Conversations employees or authorized representatives.
8. Confidentiality. Each party may have access to information that is confidential and proprietary to the other party (“Confidential Information”). “Confidential Information” shall include any and all technical and non-technical information of each party, including but not limited to (a) proprietary information–mask works, ideas, samples, media, know-how, processes. Each party agrees not to make Confidential Information available in any form to any third party except to such party’s employees, contractors, agents or service providers who are required to know to allow such party to exercise its rights or perform obligations under these Terms and Conditions or to use the Confidential Information for any purpose other than in the performance of these Terms and Conditions.
9. Client/Blog Talk Radio Relationship. There is absolutely no relationship between the Elite Conversations Life Talk Radio Host Client and Blog Talk radio. There is not contract or payment agreement between Elite Conversations Life Talk Radio Host Client. All questions, concerns or payment questions that the Elite Conversations Life Talk Radio Host Client has must be communicated and resolved with Elite Conversations Radio directly.
10. Elite Conversations Radio/Blog Talk Radio Relationship. Elite Conversations Radio does not represent Blog Talk Radio in any way. All product, producer and management services offered are strictly the services of Elite Conversations Radio, a.k.a. Rock4Victory LLC. Elite Conversations Radio does not sale Blog Talk Radio Hosting Services. Clients should sign-up for Blog Talk Radio directly if they would like to develop a relationship and use Blog Talk Radio Services directly to do radio shows.
11. Elite Conversations Radio/Blog Talk Radio Pricing. Elite Conversations holds the right to make pricing changes to all services provided. You will be notified of price changes at least 15 days in advanced.