TERMS AND CONDITIONS.
- Services to be performed. US Webstudio agrees to perform Internet marketing, social media and website design services (the "Services") on Buyer's behalf, according to the Services selected as part of this online signup process and/ or signing a service contract. US Webstudio agrees to provide the Services to Buyer either within the time frame agreed by in contract - like in case of development of websites - or each month in exchange for the fees set forth between US Webstudio and Buyer.
- Term of Agreement. This Agreement will become effective and is fully executed when the Buyer (or sales representative on the buyers behalf) signs the service contract, provides payment, as well as provides his/her name at the final stage of this online process representing his/her digital signature thereon. By providing payment information, the buyer "opts in" to the US Webstudio Terms and Conditions. The Term of this Agreement begins from its date of execution and shall continue till completion of fixed term or on a month to month basis until such time as the date a party terminates this Agreement as provided below.
- Termination of Agreement. US Webstudio and buyer agreement is either on a fixed timeline - set timeline for project completion- or month to month.
For month to month agreements, the agreement and monthly Fee shall continue until 30 days after either party provides the other with notice of intent to terminate. Notice of termination shall be given only in writing, by Buyer to US Webstudio at 8931 Wilbur Ave, Northridge, CA 91324 or by e-mail to: Info@us-webstudio.com. US Webstudio is entitled to one final payment after buyer cancels, if the bill date is within 28 days of cancellation date as shown in these Terms and Conditions.
In case of fixed term agreement terminations - specifically for developing websites or stores, please refer to section 10 of this agreement.
- Payment. In consideration to all Services to be performed by US Webstudio, Buyer agrees to pay US Webstudio in advance.
Fixed Timeline Projects As a courtesy to our clients, payments for fixed term projects can be paid in installments or financed. All deposits are paid in advance.
Monthly Services Recurring monthly payments are made in advance.
Payments for custom design projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by US-Webstudio and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
Payments for custom web development projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by US-Webstudio and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
Search Engine Optimization and Online Marketing
Payments for Search Engine Optimization, Internet Marketing and Social Media Optimization services are paid in advance and are nonrefundable, and US-Webstudio do not issue pro rata refunds for fees paid in advance. Once a payment or deposit is made, it is non-refundable. All Setup fees are nonrefundable as it is applied to costs immediately incurred by US-Webstudio in initiating services. If a project is cancelled or postponed, all monies paid are retained by US-Webstudio and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
- Late Fees. Late payments by Buyer shall be subject to late fees of 1.5% per month from the due date until the amount is paid. Any EFT payment returned or rejected by Buyer's bank shall be subject to a $30 NSF fee payable by Buyer to US Webstudio. US Webstudio has the right to discontinue Services without notice to Buyer if any payment becomes delinquent by more than 5 days.
- Intellectual Property Ownership. US Webstudio will provide Buyer its marketing systems, procedures, internet directory listings, website designs and elements, and/or other expertise ("work product"). US Webstudio grants Buyer a royalty-free, nonexclusive worldwide license to use the Work Product for the purpose of marketing and selling Buyer's products and services. The license shall have a term that expires at the time this Agreement terminates and is conditioned upon full payment of the compensation due US Webstudio under this Agreement. US Webstudio retains all other rights, title, and interest, including all copyrights, patent rights, and trade secret rights, in the Work Products.
- US Webstudio Reusable Materials. US Webstudio owns outright, and/or owns a license to use and sublicense, various materials in existence before this Agreement's date of execution ("US Webstudio's Marketing Materials"). US Webstudio may include US Webstudio Materials in the work performed under this Agreement. US Webstudio retains all rights, title, and interest, including all copyrights, patent rights, and trade secret rights, in US Webstudio Materials. US Webstudio grants Buyer a Royalty-free nonexclusive license to use any US Webstudio Materials incorporated into the work performed by US Webstudio under this Agreement. The license shall have a term running concurrently with the term of this Agreement and shall not be transferred by the Buyer.
- Exclusive Agreement, Modifications, Waivers, Severance. This is the entire Agreement between US Webstudio and Buyer. Any modifications to this Agreement must be in writing, and signed by both parties. Any waiver shall not be effective against any party unless in writing executed on behalf of such party. In the event that any of the provision of this Agreement shall be held by a court to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
- Limited Liability. US Webstudio total liability to Buyer under this Agreement for damages, costs and expenses shall not exceed the compensation received by US Webstudio under this agreement.
- Website Store Term and Termination. Website Store plans have a fixed term as set forth in the Plan Summary that you agree to before purchase "Website Agreement Term". During the Website Agreement Term, you may not cancel this Agreement for any reason. US Webstudio makes a substantial investment in the creation of your website, and work around the clock once the contract is signed. US Webstudio retains ownership of the website and consumer traffic to the website until the Website Agreement Term has ended. In the event you breach this Agreement before the Website Agreement Term has ended, US Webstudio may shut down the website until you have made payment in full including late fees. After the Website Agreement Term has ended, you will own the website as provided in this Agreement.
- Online Marketing Term and Termination
Online Marketing plans have a fixed term as set forth in the Plan Summary that you agree to before purchase (the "Online Marketing Agreement Term"). During the online marketing Agreement Term, you may only cancel this Agreement with a 30 days notice to US Webstudio. Please refer for Notice section for notification terms.
12.Neither party to this Agreement shall be liable for the other's lost profits, or special, incidental or consequential damager, whether in an action in contract or tort, even if the party has been advised by the other party of the possibility of such damages.
13.Notices. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows; When delivered personally to the recipient's address as stated on this Agreement; or, Three days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated on this Agreement; or, When sent by e-mail to the last e-mail address of the recipient known to the person giving notice. Notice is effective upon receipt provided that a duplicate copy of the notice is promptly given by first class mail, or the recipient delivers a written confirmation of receipt.
14.No Partnership. This Agreement does not create a partnership relationship. Neither party has authority to enter into contractors on the other's behalf.
15.Applicable Law and venue. The laws of the State of California shall govern this Agreement. The venue for any legal action to enforce the terms of this Agreement will be in Los Angeles County, California and both parties expressly submit to the jurisdiction of the state and federal courts located in Los Angeles County, California.