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Welcome to Web Designs by WNWA, a division of W.N.W.A Inc. By using wnwadesigns.com and by signing up as a client you agree to be legally bound by these terms and conditions of use including those terms and conditions incorporated by reference. Please read carefully and understand if you do not accept these terms you cannot use our services. These terms are binding to you as a client of wnwadesigns.com. You the client must acknowledge and agree that WNWA designs shall have the right to refuse any project or prescreen any client. We here at WNWA designs reserve the right to refuse any client attempting to have a project of an illegal nature or anything indecent or for racial or ethnic hatred or violating the rights of others. Anything illegal will be brought to the proper authorities. Client must consent to allow WNWA to disclose your account information and content if required by law or when necessary to comply with a legal matter. WNWA designs will provide the client with the service in which he/she chooses from our packages available by clicking here. Clients must fill out a questionnaire form in order for service to start. Print out the form, fill it out and send it back to WNWA Inc or fill out our online questionnaire and we will send you a price quote within two business days. Once client accepts the price he/she must also pay half the fee upon the design start date. Types of payments include a check/money order or credit card transactions through Paypal or Epassporte. Clients are charged $35 for any returned checks. Once down payment is received, failure to provide WNWA Designs with information for website design or video production projects in a timely matter will result in all deposited money being forfeited. WNWA will send client a rough draft design to be viewed and accepted by him/her. If client is unsatisfied with sample they must send a detailed email explaining what they want changed and WNWA designs will make necessary adjustments. Client can make revisions based on the package that is chosen. Once sample is accepted and approved through email by client, WNWA designs must receive second half of package fee prior to sending client their design files or posting the files on the clients hosting account so their site is up and running. Once design is completed, Client is responsible for paying the second half of payment. There is a $50 late fee charge after the first 10 days following design completion until payment is received from client or client decides to stop the design process in which WNWA Inc will delete all files and will keep the first half of payment already received. Once we receive the design acceptance from client by email client has a total of 30 days after late fee period until WNWA Inc automatically deletes all files associated to clients design project. Upon deletion, if client decides that he/she wants their design, client must start the design process over again including first initial payment. The faster the client responds to the needs of changes the better. Our goal here at WNWA designs is to provide the best possible experience for our customers. WNWA designs will charge our clients only for the package they choose. Client agrees that once design is in place there are no refunds on deposited money. Customer Support Our customer support service starts as soon as the client sign our customer support agreement. WNWA Designs offers two customer support packages. Our Basic Customer Support gives you text changes with up to 3 revision cycles per month (depending on which website package is chosen by client). Our Advanced Customer Support adds up to 2 revision cycles of image changes per month on top of text changes (depending on which website package chosen by client). Revision cycles consist of any email change requested by client to WNWA Designs. If we close the business for any reason, client will receive a letter and we will continue our customer support services for up to 60 days after we close. We will send client all files necessary for he/she to access the website. Project Duration Client agrees to allow a timely response to any status notification that WNWA design sends you. Client will have up to two weeks from initial notice that sample is ready to ask for revisions depending on package. If failure to respond, WNWA designs will assume client is satisfied and project will be deemed complete, at such time WNWA designs will have no further obligations to you. Client must be at least 18 years of age or older and agree to the terms and conditions and privacy policy. By registering as a client you assure that you meet all these eligibility requirements and that the information you submit is complete and accurate and if you register on behalf of an entity that you are authorized to bind that entity to these terms and conditions. WNWA designs reserves the right to accept or reject your registration in its sole discretion. Customers can use site solely in accordance with these terms and conditions. Any use of website is at clients sole risk and responsibility. WNWA designs will issue each client a ID# to help identify account. The ID# shall be kept confidential. Any loss of theft must be reported within 48 hours to WNWA Inc. Any unauthorized use is at the responsibility of the client only. After website is completed client will own all rights to website and must maintain and keep up with all applicable laws of state and government. WNWA is not responsible for any action of client upon completion of website. Client agrees to grant WNWA designs a royalty free irrevocable sublicenseable exclusive right to modify, create derivative works, translate or communicate to public any part of works from WNWA designs. Client agrees to ownership of final product only after final payment is made. Client also agrees to allow WNWA designs to use the work done for any archival purpose to promote any of our services. You the client agree that WNWA designs has no obligation or duty to perform trademark service or copyright services for any final product outside our platinum package for web design. WNWA designs is not responsible for any intellectual property protection for final product nor is WNWA designs responsible for assisting client to perfect his/her rights. Client must agree to comply with all applicable laws in connection with your use of the service and with such further limitation or rules as may be set forth on the website. Client cannot use any other copyrighted material unless owned by client or clients business. Client must agree not to give any false biographical information and not to take any action that imposes any unreasonable large load on the web sites infrastructure. Client can not attempt to decipher or reverse engineer any of the software connected to website. Client is prohibited from violating the security of the website. Client must not spam or send a virus to anyone. Violation of system security may result in civil or criminal liability. WNWA designs will cooperate with law enforcement if client is involved in such violations. WNWA designs reserves the right to review any posting to clients website and to remove any postings at any time without notice in whole or part. WNWA Designs is not responsible for delays, errors, or omissions contained in the website. WNWA makes no representation that web site will be available at all times. Various circumstances may prevent or delay availability. WNWA designs may discontinue website for any violations of the rules and is not responsible for any loss, cost, damage, or liability that may result from circumstances described in this paragraph. WNWA designs intend to use commercially reasonable efforts to follow its privacy policy which may change from time to time at WNWA designs sole discretion. WNWA is not responsible for hackers or any other malicious acts. WNWA is not responsible for content and shall not be responsible for any use that is or is not made of the website design service. Content Responsibility: WNWA makes no representations, warranties or covenants regarding any information or other material including responses or client’s identity. We do not guarantee the truthfulness, accuracy, or reliability of this information that is communicated or posted to our services whether it be by clients or WNWA designs staff. WNWA designs is not required to endorse any opinions expressed by a user of the web site. WNWA makes no representations or warranties that regard the validity of the rights to responses granted pursuant to these terms and conditions. Client agrees that any reliance on information such as design project or package, or personal information that is communicated throughout this service or posted is at the clients own risk. Client is responsible for taking any actions he/she deems reasonable to determine whether your use of a response will infringe any statutory or third-party intellectual property, privacy or publicity rights. Third Party Links: The website might contain external links to other web sites or other third party services. This is called "linked content" which is not under the control of WNWA designs. WNWA is not responsible for links contained in linked content and it is being provided to client as a convenience and accessing any linked content is at clients own risk. Warranties: The services and responses from WNWA designs are provided as is. WNWA makes no representation or warranty of any kind whatsoever to you or any other person relating in any way to the web site or any content or other services that may be accessible directly or indirectly through the web site including any responses, user information or linked content. To the maximum extent permitted by law, WNWA designs disclaim any and all such representations and warranties whether expressed or implied. WNWA disclaims any and all warranties of merchantability or firness for a particular purpose, warranties against infringement of any third party intellectual property or proprietary rights, warranties relating to delays, interruptions, errors, or omissions in the website, warranties relating to the transmission or delivery of the web site, and warranties otherwise relating to performance, non-performance, or other acts or omissions by WNWA or any third party hired by WNWA. There is no warranty that the website will meet your needs or requirements or the needs or requirements of any other person. Claim Release: The services serves solely as a venue for the creation of work and WNWA designs does not regularly screen or censor any information or material posted to the web site. WNWA makes reasonable efforts to determine the identity of our clients however we cannot and do not confirm that any client or other user is who they claim to be or that any client or other user has the qualifications he or she claims to have. Indemnification: You hereby agree to defend, indemnify and hold harmless WNWA designs and it's affiliates, officers, investors, or other partners and employees from any action, claim, demand, or liability arising from or relating to your violation of any of these terms and conditions or use of the web site and any expenses incurred in connection with but not limited to attorney fees. Damages Limitation: In no event shall WNWA designs or any hired third party be liable to you or any other person for consequential, incidental, special, exemplary, punitive, or indirect damages arising under or in any way related to the web site, including any part thereof, or these terms and conditions or any other consent (including lost profits, loss of business or data, business interruption, trading losses, and damages that result from inaccuracy of the information or inconvenience, delay, or loss of the use of the service) even if WNWA has been advised of the possibility of such damages or losses. WNWA’s total liability for damages shall be limited to the total amount you paid to WNWA designs for your package under these terms and conditions. Miscellaneous Entire Agreement: These terms and conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understanding any and all contemporaneous oral agreements and understandings between client and WNWA designs regarding the subject matter of these terms and conditions. Amendment: No modification, amendment, or waiver of these terms and conditions or any part hereof shall be binding unless evidenced in writing and signed by WNWA Inc. Severability: If any provisions of these terms and conditions are held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. Mutual Participation: The language of these terms and conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto. Headings: The section headings and other headings contained herein shall not affect the meaning or interpretation of these terms and conditions. Endorsement: WNWA Inc and its affiliates does not endorse any of our clients views, opinions or beliefs as regards to any information posted to any of WNWA Inc's clients website or video production projects. Choice of Law: These terms and conditions shall be governed by the
substantive law of the State of Clients Responsibilities: Client must already have a license for a fictitious name and a domain name if choosing our basic package. Support is offered for these in our Gold and Platinum packages. Client must also come up with their companies own Terms and Conditions and Privacy Policy Statement for their website if needed and client must send us their company’s terms and conditions and privacy policy so we can post it on the website. If client wishes to have an e-commerce website (online credit card and check transactions), WNWA Inc is only responsible with providing a list of credit card companies that client can contact, and support if needed. Client must set up and manage the e-commerce transactions and bank transfers. If client is using our PowerPoint, newsletter, logo, or business cards service, once the design is made by WNWA designs the client takes all responsibility in the usage of the material and service. If client should change anything on his/her website an something goes wrong, WNWA Designs is not responsible. Assignment: You may not assign or otherwise transfer by operation of law or otherwise any of your rights or duties hereunder unless WNWA designs agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void. WNWA may assign or otherwise transfer any of its rights or the performance of any of its duties without your consent. Waiver: The waiver by WNWA designs of a breach or violation of any provision of these terms and conditions shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these terms and conditions. Independent Contractors: The parties and their respective personnel are and shall be independent contracts and neither party by virtue of these terms and conditions shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party. Force Majeure: If the performance of any part of these terms and conditions by either party are prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes. Capacity: The parties hereby warrant and represent that they have all necessary rights and authority to execute these terms and conditions and to fulfill their obligations hereunder. Further Assurances: The parties here to shall, at their own cost and expenses, execute and deliver such other documents, artwork, programming code and instruments and shall take such other action as may reasonably be required or appropriate to evidence or carry out the intent and purposes of these terms and conditions. Communication By using WNWA design's service, client agrees to receive via email or otherwise stated, status notifications, and carefully selected special offers and promotions for certain products and services that WNWA believes will be valuable to the client. WNWA may or may not use a third party to send email or contact however, your personal identifying information will never be disclosed or shared with another party in a manner inconsistent with WNWA's privacy policy. |