Commercial Terms

Scope and Applicability

These Commercial Terms establish general terms for products, services, transactions, and commercial engagements provided or coordinated by The Powers Group, LLC (“TPG”). They supplement, and do not replace, the specific terms presented in an applicable proposal, quote, order, statement of work (SOW), transaction document, provider arrangement, or other agreement.

 

If a specific transaction document conflicts with these Commercial Terms, the specific transaction document controls for that transaction.

 

Commercial Structures

TPG may provide products and services individually or as part of broader engagements involving multiple capabilities, providers, organizations, transactions, or phases of work.

 

Pricing and compensation may include fixed fees, time and materials, recurring fees, transaction fees, commissions, referral or provider compensation, product or service margins, performance-based compensation, bundled pricing, or other agreed commercial structures.

 

TPG may structure, bundle, discount, credit, waive, or allocate fees and compensation across related transactions or engagements where commercially appropriate. Pricing or compensation applicable to one transaction does not establish pricing or compensation for another unless expressly agreed.

 

Quotes, Orders, and Acceptance

Quotes, proposals, pricing, availability, schedules, and estimated delivery dates may be subject to confirmation, provider availability, customer qualification, or other stated conditions. An order or request is not binding on TPG until accepted or otherwise confirmed.

 

TPG may correct pricing, description, availability, or administrative errors before acceptance. Material changes after acceptance will be communicated and addressed through the applicable transaction or engagement process.

 

Payment and Billing

Payment terms are established at the time of purchase or in the applicable quote, order, SOW, invoice, or agreement. TPG may use third-party payment processors and may require deposits, milestone payments, recurring payments, or payment in advance depending on the transaction.

 

Customers are responsible for charges, taxes, fees, and other amounts identified in the applicable transaction documents, except where expressly stated otherwise.

 

Third-Party Products and Providers

TPG may source, resell, refer, integrate, coordinate, or otherwise support products and services provided by third parties. Third-party products and services may be subject to separate manufacturer, distributor, lender, certification body, platform, or provider terms.

 

Eligibility, underwriting, certification, licensing, warranties, service levels, delivery, availability, and other provider-controlled matters remain subject to the applicable provider’s requirements.

 

Products, Delivery, and Fulfillment

Product availability, shipping, delivery, installation, activation, licensing, and fulfillment requirements vary by offering and will be identified where applicable. Estimated dates are not guarantees unless expressly stated.

 

Manufacturer or provider warranties apply where offered. TPG does not expand a third-party warranty unless expressly agreed in writing.

 

Services, Training, and Programs

Services, assessments, advisory work, training, certifications, programs, and other professional engagements may require customer information, participation, scheduling, access, approvals, or other dependencies.

 

Customer delays, incomplete information, missed participation, or changes in scope may affect schedule, price, delivery, or outcomes. Certification, employment, funding, business, operational, or other outcomes are not guaranteed unless expressly stated.

 

Changes, Cancellations, and Refunds

Changes and cancellations are handled according to the applicable transaction documents and TPG Refund Policy. Custom, digital, training, advisory, project-based, or provider-dependent work may become non-refundable once delivery, procurement, enrollment, reservation, or performance has begun.

 

Where a third-party provider controls cancellation, refund, return, or rescheduling terms, those provider terms may apply.

 

Customer Responsibilities

Customers are responsible for providing accurate information, timely decisions, appropriate access and authorization, and other cooperation reasonably required for delivery. TPG may rely on information and approvals provided by the customer or its authorized representatives.

 

Intellectual Property and Use Rights

Ownership and use rights for TPG materials, third-party materials, customer materials, deliverables, licenses, and intellectual property are governed by the applicable Terms of Use, provider terms, or specific transaction documents.

 

Risk, Warranties, and Liability

Except as expressly stated in a specific agreement or required by law, products and services are provided subject to the limitations, warranties, and liability provisions applicable to the transaction, including the TPG Terms of Use and any controlling third-party terms.

 

Nothing in these Commercial Terms limits rights or obligations that cannot lawfully be limited.

 

Governing Terms and Updates

These Commercial Terms are governed by the laws of the State of Hawaii, without regard to conflict of law principles, unless a controlling agreement provides otherwise.

 

TPG may update these Commercial Terms as its offerings, platforms, provider relationships, and commercial practices evolve. The terms applicable to a transaction are those presented or incorporated at the time of that transaction unless otherwise agreed.

 

Contact

For questions regarding commercial terms:

 

info@powersgroup.io

(844) 3-POWERS

(808) 481-4153

www.powersgroup.io