Digital Flyer – Design Package
This is a legal agreement between the person or organization (“Customer” or “You” or “Client”) agreeing to these Terms of Service (“Terms”) and the applicable contracting entities at www.business-websites.com / Business Websites (“us,or “we). Service work to be performed will begin effective on the date payment is received (Effective Date / Date of Purchase). The parties agree to the provision and use of the Company’s services upon the terms of service set forth herein. You represent that you are of legal age and have the authority to bind the Customer to the Order, these terms, and the applicable “Service Descriptions” (collectively the “Agreement”).
1. STANDARD TERMS AND CONDITIONS. These terms include and incorporate by reference the “Additional Terms” set forth on (section 10 attached) and any other exhibits or schedules attached to this Agreement.
Customer agrees to pay $349 for the described design services.
2. DESIGN SERVICES TO BE PROVIDED:
- DIGITAL FLYER
- Multiple Revisions (3)
- High Resolution Graphic
- Custom Logo Integration
- Multiple File Types
- PNG | JPG
- SVG | PDF
- QR Code Option
- Graphics Package Guide
- File Type Applications
- ONE ON ONE DESIGN CONSULTING
3. OBLIGATION OF CLIENT. Client acknowledges that the completion of one or more of the services may depend on and require the client’s commitment of certain resources. This is especially relevant in connection with the acceptance of “client provided content” for contracted services. Client agrees to provide such resources as are necessary to fulfill its obligations under this Agreement and to timely complete and fulfill its required actions in order for www.business-websites.com / Business Websites to be able to fully comply with its obligations under this Agreement. Client’s failure to provide such resources and to timely fulfill such obligations shall not constitute a basis for the retention of payments and/or allegations of breach of contract by client. www.business-websites.com / Business Websites will produce a website for the client as it sees fit using “company discretion and opinions” to fulfill its obligations after 3 documented attempts to collect client information without response.
4. CHANGES TO SERVICES. We reserve the right to enhance, upgrade, improve, or modify features of our services as we deem appropriate and in our discretion. We will not materially reduce the core functionality (as set forth in the “services to be provided” area) or discontinue any services unless we provide you with prior written notice. We may offer additional functionality to our standard services or premium feature improvements for an additional cost.
5. FEES AND PAYMENT. You agree to pay all applicable fees for the services on the terms set forth on the invoice. Any and all payments you make to us are final and non-refundable. You are responsible for providing accurate and current billing, contact and payment information to us. You agree that we may take steps to verify whether your payment method is valid, charge your payment card or bill you for all amounts due and automatically update your payment card information using software designed to do so in the event your payment card on file is no longer valid. You agree that your credit card information and related personal data may be provided to third parties for payment processing and fraud prevention purposes. We may suspend or terminate your services if at any time we determine that your payment information is inaccurate or not current, and you are responsible for fees and overdraft charges that we may incur when we charge your card for payment. We reserve the right to update the price for services at any time after your Initial Term. We will notify you of any price changes by publishing on our website, emailing, quoting or invoicing you.
6. TERM AND TERMINATION. The initial term commitment for your purchase of services will be 30 days (“Initial Term”) and begins on the Effective Date. Terminating specific services does not affect the term of any other services still in effect. If we permit you to reinstate services at any time after termination, you agree that you will be bound by the “then current terms” and the renewal date that was in effect as of the effective termination date. Neither party will be liable for any damages resulting from termination of the agreement, and termination will not affect any claim arising prior to the effective termination date.
7. YOUR CONTENT. You retain all rights to your content and we do not own or license your content. We may use, modify, reproduce and distribute your content in order to provide and operate the services. You warrant that (1) you have the right to upload or otherwise share content with us, and (2) your uploading or processing of your content in the context of our services does not infringe on any rights of any third party. Each party agrees to apply reasonable technical, organizational and administrative security measures to keep content protected in accordance with industry standards. You agree to comply with all legal duties applicable to you as a data controller by virtue of the submission of your content within the services. If your content, including any personal data (as defined under applicable law, which includes, but is not limited to, the General Data Protection Regulation EU 2016/679 or “GDPR” and data protection laws of the European Union, European Economic Area, Switzerland (collectively, the “EEA+”), and the United Kingdom) and is processed by us acting on your behalf (in your capacity as data controller), we will use and process your content in order to provide the services and fulfill our obligations under the agreement, and in accordance with your instructions as represented in this agreement. Notwithstanding anything to the contrary, this section expresses the entirety of our obligations with respect to your content. “Content” means any text, files, documents, recordings, videos, chat logs, transcripts, and similar data that we maintain on your or your users’ behalf, as well as any other information you or your users may upload to your website in connection with the services.
8. COMPLIANCE WITH LAWS. In connection with the performance, access and use of the services under the Agreement, each party agrees to comply with all applicable laws, rules and regulations including, but not limited to export, privacy, and data protection laws and regulations. Further, customers shall not permit its users to access or use any Service or Content in a U.S. embargoed country or in violation of any U.S. export law or regulation. If necessary and in accordance with applicable law, we will cooperate with local, state, federal and international government authorities with respect to the services. Notwithstanding any other provision in these terms, we may immediately terminate the Agreement for noncompliance with applicable laws.
9. LIMITATION OF LIABILITY. Neither party will be liable to the other party or any other person for indirect, special, consequential or incidental loss, exemplary or other such damages, including, without limitation, damages arising out of or relating to: (1) loss of data, (2) loss of income, (3) loss of opportunity, (4) loss of profits, or (5) costs of recovery, however caused and based on any theory of liability, including, but not limited to, a breach of contract, tort (including negligence), or a violation of statute, whether or not such party has been advised of the possibility of such damages.
10. ADDITIONAL TERMS.
- 10.1 No Class Actions. You may only resolve disputes with us on an individual basis and you agree not to bring or participate in any class, consolidated, or representative action against us or any of our employees or affiliates.
- 10.2 Marketing Usage. www.business-websites.com / Business Websites reserves the right to use our contracted designs and customer websites for marketing purposes.
- 10.3 General Terms. If any term of this Agreement is not enforceable, this will not affect any other terms. Both parties are independent contractors and nothing in this agreement creates a partnership, agency, fiduciary or employment relationship between the parties. No person or entity not a party to the agreement will be a third party beneficiary. Our authorized distributors do not have the right to modify the agreement or to make commitments binding on us. Failure to enforce any right under the agreement will not waive that right. Unless otherwise specified, remedies are cumulative. The agreement may be agreed to online, or executed by electronic signature and in one or more counterparts. No party will be responsible for any delay or failure to perform under the agreement due to force majeure events (e.g. natural disasters; terrorist activities, activities of third party service providers, labor disputes; and acts of government) and acts beyond a party’s reasonable control, but only for so long as those conditions persist.