Terms and Conditions

These Terms and Conditions (“Terms”) govern your use of the Hempwriter.com website (the “Site”). By accessing or using the Site or using our services, you agree to be bound by these Terms.

Acceptance of Terms

These Terms constitute a binding agreement between you and Hempwriter.com (“we,” “us,” or “our”). You must read and agree to these Terms before using the Site or services. If you do not agree to these Terms, you may not access or use the Site or services.

Modifications to Terms

We may revise these Terms at any time by posting the revised Terms on the Site. You are expected to check this page regularly so you are aware of any changes, as they are binding on you. By continuing to use the Site or services after the revised Terms are posted, you agree to be bound by the revised Terms.

Transition of Contracts from Third-Party Platforms

Hempwriter.com reserves the right to transition contracts and engagements initiated through third-party platforms, including but not limited to Upwork, or obtained via referrals, to Hempwriter.com’s internal systems within a specified period. This transition ensures operational consistency, enhanced communication, and alignment with Hempwriter.com’s standard business practices.

  1. Transition Period
    • Contracts initiated on third-party platforms shall be transitioned to Hempwriter.com’s internal systems within a period of three (3) to six (6) months from the date of engagement, unless otherwise agreed upon in writing.
  2. Transition Procedures
    • Clients will be notified in advance of the planned transition and provided with instructions to facilitate the transfer.
    • Following the transition, all subsequent payments, communications, and service management will occur exclusively through Hempwriter.com’s internal systems.
  3. Preservation of Original Terms
    • The terms of the original agreement will remain in effect following the transfer, except where explicitly modified or supplemented by Hempwriter.com’s Terms and Conditions or additional agreements provided at the time of transfer. Any material changes will be communicated in writing for client acknowledgment.
  4. Elimination of Third-Party Fees
    • Upon completion of the transfer, clients will no longer be subject to service fees or other charges imposed by the third-party platform, provided all interactions occur directly through Hempwriter.com’s systems.
  5. Client Acknowledgment and Agreement
    • By engaging Hempwriter.com through a third-party platform, the client acknowledges and agrees to the transfer of the engagement to Hempwriter.com’s internal systems within the designated timeframe and accepts that such a transition is governed by these Terms and Conditions.

Termination of Services and Compensation Requirement

In the event that a client seeks to terminate their contract with Hempwriter.com, whether with or without cause, the following terms and procedures shall apply:

  1. Written Notice of Termination
    • Termination of services must be communicated in writing with a minimum of thirty (30) days’ notice.
    • The written notice must clearly specify the reason for termination, including any concerns, dissatisfaction, or other factors prompting the decision.
  2. Compensation During Notice Period
    • The client acknowledges and agrees that Hempwriter.com will be compensated for the full thirty (30) days following receipt of the termination notice, regardless of whether any additional work is performed during this period.
    • All outstanding payments for services rendered up to the termination date and for the 30-day notice period must be paid in full.
  3. Opportunity to Cure
    • If termination is based on dissatisfaction with services, the client must provide detailed feedback, including specific and measurable reasons for dissatisfaction, and allow Hempwriter.com a reasonable opportunity to address and resolve the issues prior to contract termination.
    • Failure to provide such feedback and allow for resolution may waive the client’s right to assert claims of dissatisfaction or breach.
    • Hemp Writer reserves the right to decline opportunity to cure requests that are based on unreasonable requests or those exceeding the scope of the original order.
  4. Final Deliverables
    • Ownership of completed deliverables will transfer to the client upon receipt of all outstanding payments, as outlined in the Terms and Conditions.
  5. Mutual Respect and Professionalism
    • Hempwriter.com is committed to maintaining professionalism and transparency in all client relationships. The requirement for written notice and compensation ensures a fair and respectful conclusion to the engagement for both parties.

User Conduct

You agree to use the Site in a lawful and respectful manner.

You agree not to:

  • Use the Site for any illegal or unauthorized purpose.
  • Violate any applicable laws or regulations.
  • Infringe upon or violate any intellectual property rights.
  • Transmit any harmful, offensive, or threatening content.
  • Interfere with or disrupt the normal operation of the Site.
  • Use the Site to impersonate any person or entity.

Privacy Policy Reference

Your use of this Site is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

Force Majeure Clause

We are not liable for any failure to perform due to events outside our reasonable control, including but not limited to acts of God, natural disasters, pandemics, strikes, or government actions.

HempWriter.com will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in these Terms, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of HempWriter.com. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under these Terms. HempWriter.com shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

Intellectual Property

The content of the Site, including text, graphics, logos, images, and software, is protected by copyright and other intellectual property laws. You may not reproduce, modify, distribute, display, or create derivative works from the content without our express written permission.  

Disclaimer of Warranties

The Site and services are provided “as is” and without warranties of any kind, express or implied. We disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site or services will be uninterrupted or error-free.  

Limitation of Liability

We are not liable for any damages arising out of your use of the Site or services, including, but not limited to, direct, indirect, incidental, consequential, or punitive damages.  

Termination

We may terminate your access to the Site or services for any reason, at any time, without notice.

Either party may terminate services with a 30 day written notice. Upon termination, any outstanding payments for services rendered will be due immediately.

Ownership of completed content or services remains with Hempwriter.com until full payment is received.

Upon full payment, ownership of custom content created by Hempwriter.com is transferred to the client, except for any proprietary processes, templates, or methodologies, which remain the property of Hempwriter.com.

Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of law provisions.  

Dispute Resolution

Any dispute arising out of or relating to these Terms will be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be held in Twin Falls, Idaho.  

Content Revisions and Refunds

We do not offer refunds for SEO services or content created. If you require revisions to the content delivered, you must request them within 7 days of receiving the content. Requests for revisions submitted after 7 days will be considered new orders and subject to our standard pricing.

We reserve the right to decline revisions based on unreasonable requests or those exceeding the scope of the original order.

You agree not to use automated AI detectors to make final decisions on the quality or originality of human-written content delivered by Hempwriter.com.

If you make any edits or changes to the content delivered by Hempwriter.com, you waive your right to request future edits, rewrites, or content refreshes.

Client Responsibilities

  • Timely Provision of Information
    The client agrees to provide all necessary information, materials, and access required to execute SEO strategies, including but not limited to website login credentials, analytics accounts, product details, branding guidelines, and any other relevant documentation. Delays in providing required information may impact project timelines and deliverables, for which Hempwriter.com will not be held responsible.
  • Approval and Feedback
    The client is responsible for reviewing and approving deliverables in a timely manner. All feedback or requests for revisions must be submitted within seven (7) days of receiving the deliverable unless otherwise agreed upon in writing. Failure to provide feedback within the specified timeframe shall constitute acceptance of the deliverable as final, and the work shall be deemed completed and satisfactory.
  • Compliance with Laws and Guidelines
    The client must ensure that all content, marketing strategies, and website practices comply with applicable laws, including those specific to the cannabis industry. This includes, but is not limited to, state and federal advertising regulations, licensing requirements, and compliance with search engine guidelines. Hempwriter.com is not liable for any legal consequences arising from non-compliance by the client.

Client Expectations For SEO Services

At Hempwriter.com, we strive to deliver exceptional SEO services tailored to the cannabis industry. To ensure a successful partnership, it is essential for clients to have realistic expectations regarding the nature and outcomes of SEO.

  1. Timeline for Results
    • SEO is a long-term strategy, and measurable results often require several months of consistent effort. While some improvements may be visible within 90 days, significant growth in search engine rankings and traffic typically occurs over a 6-12 month period.
  2. Search Engine Algorithms
    • Search engine algorithms are frequently updated, which can impact rankings and visibility. While Hempwriter.com employs best practices to adapt to these changes, we cannot guarantee specific rankings or immediate results due to factors beyond our control.
  3. Client Involvement
    • Collaboration is crucial for success. Clients are expected to provide timely access to necessary tools, accounts, and materials, such as website credentials, branding guidelines, and all other necessary resources needed to meet and exceed client expecatation.
    • Feedback and approvals for deliverables must be provided within seven (7) days to avoid delays in strategy execution.
  4. Factors Influencing Performance
    • Website performance depends on multiple factors, including site structure, domain authority, competition, and industry trends. Hempwriter.com will work to optimize these elements, but certain external factors may impact results.
  5. No Guaranteed Results
    • While we employ proven strategies to improve rankings and drive traffic, search engine results are influenced by factors outside our control, such as competitor activity and market shifts. Hempwriter.com does not guarantee specific rankings, traffic levels, or conversions.
  6. Realistic Goals
    • SEO success is built on realistic, achievable goals based on the client’s budget, target audience, and competition. Hempwriter.com will help set expectations and design a strategy aligned with the client’s objectives.
  7. Ongoing Effort
    • SEO requires continuous effort and maintenance to achieve and sustain results. Clients are encouraged to commit to ongoing investment in SEO for maximum effectiveness.

By aligning on these expectations, Hempwriter.com and its clients can build a productive and transparent partnership that fosters long-term success.

Availability and Time Off

We will provide a response within 72 hours of receiving your message.

Hempwriter.com reserves the right to observe the following schedule for time off and availability:

  1. Regular Time Off:
    • Weekends (Saturday and Sunday): No services or communications will be provided unless otherwise agreed in advance.
    • Federal Holidays: Hempwriter.com will be closed in observance of all federal holidays in the United States.
  2. Quarterly Time Off:
    • Hempwriter.com reserves the right to take up to two (2) weeks of planned time off per quarter, amounting to a maximum of three (3) months per calendar year. Clients will be notified at least two (2) weeks in advance of any planned time off that impacts services or communication.
  3. Federal Holidays
    • Hempwriter.com observes all federal holidays in the United States. No services or communications will be provided on these dates unless otherwise agreed upon in advance.
  4. Reserved Time Off
    • Hempwriter.com reserves the right to take time off at any time, for any reason, including but not limited to personal, professional, or operational needs. Clients will be notified in advance of planned time off that may impact service delivery.
  5. Unplanned Absences
    • In the event of unforeseen circumstances requiring unplanned time off, we will make reasonable efforts to inform clients promptly and ensure minimal disruption to services.
  6. Client Responsibilities During Time Off
    • Clients are encouraged to plan ahead and address urgent needs in advance of federal holidays or other planned absences. Hempwriter.com is not liable for delays in service delivery caused by such time off.

Private Property and Access

Clients acknowledge that Hempwriter.com operates as a remote service provider and does not permit physical visits to its premises without prior written consent.

  • No Unauthorized Access: Clients, their agents, or representatives are prohibited from entering Hempwriter.com’s private property without express, written consent.
  • Violation Consequences: Any unauthorized access may result in immediate termination of services and potential legal action.

Mediation and Arbitration

In the event of a dispute, the parties agree to resolve the matter through mediation or arbitration as follows:

  1. Mediation:
    • The parties shall first attempt to resolve disputes through good-faith mediation facilitated by a neutral third party. The costs of mediation shall be shared equally between the parties.
  2. Arbitration:
    • If mediation is unsuccessful, the dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration will be held in Twin Falls, Idaho, unless otherwise mutually agreed upon.
    • The arbitrator’s decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

Communication and Scheduling

Hempwriter.com operates within specific availability hours for CEO Joseph Powers and Account Managers. Clients are required to adhere to the following scheduling guidelines:

  1. Live Calls with CEO Joseph Powers:
    • Live calls with CEO Joseph Powers are available only on Mondays between 10:00 AM and 2:00 PM MST.
    • Calls must be scheduled in advance through the designated booking system.
  2. Account Manager Availability:
    • Account Managers are available to assist clients during the following hours:
      • Monday, Tuesday, Thursday, Friday: 10:00 AM to 2:00 PM MST.
      • Wednesday: Account Managers are unavailable.
  3. Maker Time and Manager Time:
    • Maker Time: Reserved for uninterrupted work on client projects. No calls or meetings may be scheduled during the following hours:
      • Tuesday, Wednesday, Thursday, Friday: 10:00 AM to 2:00 PM MST.
    • Manager Time: Designated for calls and meetings, with availability as follows:
      • Monday: 10:00 AM to 2:00 PM MST.
      • Tuesday: 10:00 AM to 2:00 PM MST.
      • Thursday: 10:00 AM to 2:00 PM MST.
      • Friday: 10:00 AM to 2:00 PM MST.

Failure to respect these scheduling guidelines may result in delays or rescheduling of services.

Algorithm Updates, Performance, & Results Disclaimer

We strive to provide effective SEO services, but we cannot guarantee specific search engine rankings or traffic levels. Search engine algorithms are subject to frequent updates, which can impact website performance.

We are not responsible for any decline in website traffic or rankings resulting from search engine algorithm updates.

If your website experiences a significant drop in traffic due to unforeseen circumstances, such as algorithm updates, increased competition, shift in market dynamics, or other factors, we offer additional services to re-audit your website’s performance, identify potential issues, and recommend strategies for recovery. These additional services will be subject to separate pricing.

We strive to employ SEO best practices and the client agrees that there are no guarantees of SEO results, ranking for keywords, traffic, or search engine visibility.

Results may take several months. We encourage clients to have realistic expectations.

Links to Third-Party Sites

Our Site may contain links to third-party websites. We are not responsible for the content, policies, or practices of any third-party websites.

Upwork Manual Hour Billing

The maximum hours set by the client constitute the agreed-upon weekly retainer. However, additional time, typically ranging from 25% to 50% beyond the specified limit, is allocated to the project, encompassing work performed by myself, my spouse, and a contractor.

For instance, if the established hourly limit is 40 hours per week, the actual cumulative time invested in the project is approximately 57 hours.

My outcome is to meet and exceed your expectations.

Independent Contractor Relationship

Hempwriter.com operates as an independent contractor and not as an employee, partner, joint venture, or agent of the client. Nothing in these Terms or in the performance of our services shall be construed to create an employer-employee relationship or a partnership between Hempwriter.com and the client.

As an independent contractor, Hempwriter.com retains the sole discretion to determine the methods, processes, and means by which services are provided, subject to any agreed-upon deliverables or timelines.

The client acknowledges and agrees that they have no authority to direct the day-to-day activities of Hempwriter.com or its contractors, nor to bind Hempwriter.com in any contractual or legal obligation without prior written consent.

Non-Exclusivity

The client acknowledges that Hempwriter.com provides services to multiple clients and industries and that nothing in these Terms or in the performance of services shall restrict Hempwriter.com from offering similar or competing services to other clients. Hempwriter.com’s engagement with the client is non-exclusive unless otherwise agreed upon in writing.

Limitations on Liability

Hempwriter.com’s liability for any claim arising from the performance of services shall be limited to the amount paid by the client for the specific services giving rise to the claim. In no event shall Hempwriter.com be liable for indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, business interruptions, or data loss, even if advised of the possibility of such damages.

User-Generated Content

By submitting reviews, testimonials, or any other content (“User Content”) to Hempwriter.com, whether through our Site, email, or other communication channels, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media for any purpose, including but not limited to marketing, promotional activities, and improving our services.

Rules for Submission

  1. Originality and Ownership
    By submitting User Content, you confirm that you own all rights to the content or have the necessary permissions to grant the rights outlined in these Terms. You further affirm that the User Content does not infringe on the intellectual property or privacy rights of any third party.
  2. Prohibited Content
    You agree not to submit any content that:
    • Contains defamatory, obscene, or offensive material.
    • Promotes illegal activities or violates any laws or regulations.
    • Contains unauthorized advertising or solicitation.
    • Includes viruses, malware, or any harmful software.
  3. Removal Rights
    Hempwriter.com reserves the right, but is not obligated, to monitor, review, edit, or remove any User Content submitted to the Site or our communication channels at its sole discretion and without notice.
  4. No Compensation
    By submitting User Content, you acknowledge and agree that you are not entitled to any compensation or attribution unless explicitly agreed upon in writing.
  5. Indemnification
    You agree to indemnify and hold harmless Hempwriter.com from any claims, damages, or liabilities arising from the submission or use of your User Content.

Non-Solicitation Clause

You agree not to solicit, hire, or contract directly with any Hempwriter.com employees or contractors for services without our prior written consent.

Indemnification

You agree to indemnify, defend, and hold harmless Hempwriter.com, its affiliates, employees, and contractors from and against any claims, damages, losses, or liabilities arising out of your use of the Site, our services, violation of these Terms, or infringement of any third-party rights.

Legal Supremacy

In the event of a conflict between these Terms and a separate signed agreement between you and Hempwriter.com, the signed agreement will govern.

In the event of a conflict or inconsistency between the provisions of a signed contract and these Terms and Conditions, the signed contract will govern unless the signed contract does not specifically address the issue in question. If the signed contract is silent on a matter, these Terms and Conditions will take precedence and shall govern the relationship between the parties.

By using the Site or engaging in services provided by Hempwriter.com, you acknowledge and agree that these Terms and Conditions form an integral part of the agreement between you and Hempwriter.com, supplementing any signed contracts where applicable.

Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions will remain in effect.

Entire Agreement

These Terms constitute the entire agreement between you and us regarding your use of the Site or services.

Payment Terms

Payments are due upon initiating services on the first of each month. Additional add on services are billed separately, in addition to monthly retainer.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms shall be resolved in the courts located in Twin Falls, Idaho.

Confidentiality and Copyright

All communications, including emails and calls, originating from Hempwriter.com are confidential and protected under copyright and proprietary laws.

  • Intended Use:
    Emails and communications are intended solely for the personal and confidential use of the named recipient(s). Unauthorized sharing, distribution, or reproduction of such communications is strictly prohibited.
  • Copyright Protection:
    All materials, content, and communications provided by Hempwriter.com are proprietary and remain the intellectual property of Hempwriter.com unless explicitly agreed otherwise in a signed agreement.

Both parties agree to maintain the confidentiality of proprietary or sensitive information shared during the course of the relationship. This includes, but is not limited to, business plans, strategies, and client-specific data. This obligation shall survive the termination of the contract.

Recording of Communications

By engaging with Hempwriter.com through phone calls or other means, you acknowledge and consent to the recording of calls for quality assurance or other business purposes.

  • If you do not consent to being recorded, you must immediately inform Hempwriter.com before the call begins or refrain from participating in the call.
  • Recordings are kept confidential and used in accordance with our Privacy Policy and business practices.

Guarantee of Work and Resolution of Disputes

Hempwriter.com is committed to providing services that meet and exceed client expectations. The following terms apply:

  1. Satisfaction Guarantee:
    • We guarantee all work performed and are committed to doing whatever it takes to fulfill and exceed the terms of the contract. If additional work is required to meet agreed-upon expectations, we will take necessary steps to ensure client satisfaction.
  2. Dispute Resolution and Cure Period:
    • If you are dissatisfied with any aspect of our work, you are required to provide detailed feedback in writing, specifying the exact nature of your dissatisfaction, along with measurable and clear metrics for improvement.
    • You must allow Hempwriter.com a reasonable opportunity to address and resolve your concerns before terminating the contract or withholding payment. Failure to provide written notice and allow a cure period may void any claim of breach or dissatisfaction.

ELECTRONIC SIGNATURE

All information communicated on the Website is considered an electronic communication. You and your business agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

NO WAIVER

No failure or delay on the part of HempWriter.com in exercising any right, power or remedy under these Terms may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, powers, or remedies under these Terms. A waiver of any right or obligation under these Terms shall only be effective if in writing and signed by HempWriter.com.

NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT

If you believe that materials or content available on any HempWriter.com website infringes any copyright you own, you or your agent may send HempWriter.com a notice requesting that HempWriter.com remove the materials or content from the HempWriter.com website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send HempWriter.com a counter-notice. Notices and counter-notices should be sent to Joe@HempWriter.com.

Use Of Client Success Information

Hempwriter.com reserves the right to showcase client success stories, results, and non-confidential project information as part of our portfolio for marketing and promotional purposes.

  1. Portfolio Use
    • By engaging our services, you grant Hempwriter.com permission to use anonymized or non-sensitive details about the services provided and the results achieved as part of case studies, testimonials, or portfolio presentations.
  2. Confidential Information
    • We will not disclose any proprietary, sensitive, or identifying information without prior written consent from the client. Specific data, such as revenue figures, will only be shared if explicitly agreed upon.
  3. Right to Decline
    • If you do not wish for your project or success story to be included in our portfolio, you may notify us in writing at the start of the engagement or at any time thereafter.

This policy helps us demonstrate the value of our work to potential clients while maintaining the confidentiality and trust of our current clients.

Acknowledgment of Terms

By engaging in services with Hempwriter.com, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as any supplemental terms included in communications.

Non-Disparagement

The client agrees not to make any statements, whether oral or written, that defame, disparage, or otherwise harm the reputation of Hempwriter.com, its affiliates, or its employees. This clause shall survive the termination of the contract.

ENTIRE AGREEMENT

These Terms, the Privacy Policy, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and your business and HempWriter.com, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Privacy Policy, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Privacy Policy shall not be construed against the drafting party.

HempWriter.com ADDITIONAL REMEDIES

In order to prevent or limit irreparable injury to HempWriter.com, in the event of any breach or threatened breach by you or your business of the provisions of these Terms or any infringement or threatened infringement by you or your business of the intellectual property of HempWriter.com or a third-party, HempWriter.com shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Twin Falls, Idaho enjoining such breach, threatened breach, infringement, or threatened infringement. Nothing in these Terms shall be construed as prohibiting HempWriter.com from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Twin Falls, Idaho for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

Contact Us

If you have any questions about these Terms, please contact us at info@hempwriter.com.

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