PowerNest LLC — Terms and Conditions
Effective Date: August 19, 2025
Welcome to PowerNest LLC (“PowerNest,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our website, products, and services. By engaging with PowerNest LLC, whether through our website, by phone, or via direct communication, you agree to comply with and be legally bound by these Terms.
If you do not agree with any part of these Terms, you must not use our services.
1. Company Information
PowerNest LLC is a registered U.S. company providing digital services, IT development, consulting, marketing solutions, and book- and content-related services.
All operations and payments are governed under U.S. federal law and the laws of the State of New York.
2. Scope of Services
PowerNest LLC offers the following categories of services:
• Digital and technology consulting
• Software development and IT solutions
• Marketing, branding, and lead generation services
• Content creation, including eBooks, articles, and publication support
• Web design, hosting, and related online services
We reserve the right to modify, discontinue, or update services at any time without prior notice.
3. Payment Terms
• Payments are accepted via secure third-party processors and MOTO (Mail Order / Telephone Order) authorizations.
• All MOTO transactions are verified and recorded in accordance with Visa, Mastercard, Discover, and Amex rules and PCI-DSS Level 1 standards.
• Invoices must be paid in full before service commencement unless otherwise stated in writing.
• For recurring or subscription-based services, billing cycles and renewal terms will be specified in your service agreement or invoice.
• PowerNest LLC reserves the right to suspend or terminate services for non-payment.
4. Refunds, Cancellations, and Disputes
Our refund and cancellation procedures are governed by the PowerNest LLC Refund & Cancellation Policy, which is incorporated into these Terms by reference.
By proceeding with payment, you acknowledge that you have read and agreed to the Refund Policy.
Refunds will only be issued to the original payment method used for the transaction.
For any billing or chargeback concerns, contact:
contact@powernesttech.com | +1 (844) 584-7813
5. User Responsibilities
You agree to:
• Provide accurate, complete, and updated information when engaging with our services;
• Use our website and services only for lawful purposes;
• Refrain from engaging in fraudulent, abusive, or disruptive behavior;
• Not resell, replicate, or misuse any content, deliverable, or intellectual property obtained through PowerNest LLC.
You are responsible for maintaining the confidentiality of any credentials, authorization forms, or payment information shared with us.
6. Intellectual Property
All materials, including text, graphics, logos, software, and creative content developed or provided by PowerNest LLC, are protected by intellectual property laws.
Unless otherwise agreed in writing:
• PowerNest LLC retains ownership of all proprietary materials, strategies, and deliverables;
• Clients are granted a limited, non-transferable license to use completed deliverables solely for their intended business purpose;
• Any unauthorized reproduction or distribution may result in legal action.
For content or book-related services, clients retain rights to their original works but grant PowerNest LLC the right to use excerpts for promotional or portfolio purposes unless expressly prohibited in writing.
7. Service Delivery and Timelines
PowerNest LLC strives to deliver all services within agreed timelines. However:
• Delivery timelines are estimates and may vary due to technical, creative, or third-party dependencies;
• Delays caused by incomplete client input, late communication, or revisions will not qualify for refunds;
• Completed services are considered delivered once presented or made accessible to the client, regardless of subsequent usage.
8. Data Protection and Privacy
All customer data is handled in accordance with our Privacy Policy, which complies with:
• The General Data Protection Regulation (GDPR) (EU 2016/679)
• The California Consumer Privacy Act (CCPA)
• Other applicable U.S. data protection laws
We employ SSL/TLS encryption, secure storage, and restricted access protocols to safeguard your information.
9. Third-Party Services and Processors
PowerNest LLC partners with reputable third-party service providers for hosting, analytics, and payment processing, including BeyondBancard, PayArc, Netevia, MerchantOne, ACH, and Nuvei/Paya.
We are not responsible for the actions, policies, or performance of third-party platforms.
Your interaction with third-party sites or services is governed by their respective policies.
10. Limitation of Liability
To the maximum extent permitted by law:
• PowerNest LLC and its affiliates shall not be liable for any indirect, incidental, consequential, or punitive damages;
• Our total liability for any claim shall not exceed the total amount paid for the specific service giving rise to the claim;
• We are not liable for losses arising from internet interruptions, unauthorized access, or force majeure events beyond our control.
11. Indemnification
You agree to indemnify, defend, and hold harmless PowerNest LLC, its officers, employees, contractors, and affiliates from any claims, damages, or expenses arising from:
• Your breach of these Terms;
• Unauthorized use of our services or deliverables;
• Violations of law, intellectual property rights, or third-party agreements.
12. Compliance and Risk Management
PowerNest LLC adheres to all applicable U.S. merchant, banking, and data security regulations, including PCI-DSS, GDPR, CCPA, and FTC guidelines.
We maintain detailed records of all MOTO transactions, authorizations, and client communications to support transparency and compliance with our acquiring banks.
13. Termination of Services
PowerNest LLC reserves the right to suspend or terminate any service agreement if:
• Payment obligations are not fulfilled;
• Fraudulent or abusive behavior is detected;
• The client engages in activities that damage our reputation or violate legal obligations.
All obligations for outstanding payments or completed deliverables remain enforceable upon termination.
14. Arbitration and Governing Law
These Terms are governed by the laws of the State of New York, USA, without regard to conflict-of-law provisions.
All disputes arising out of or relating to these Terms shall be resolved exclusively through binding arbitration in New York County, NY, in accordance with the American Arbitration Association (AAA) rules.
Each party shall bear its own legal costs unless otherwise determined by the arbitrator.
15. Policy Updates and Modifications
PowerNest LLC reserves the right to update, amend, or modify these Terms at any time.
Revised versions will be posted on our website with an updated “Effective Date.”
Continued use of our services constitutes acceptance of the updated Terms.
16. Contact Information
PowerNest LLC
Email: contact@powernesttech.com
Phone: +1 (844) 584-7813
Address: 418 Broadway Ave, STE N, New York, NY 12207
