Terms of Conditions
PLEASE READ THE FOLLOWING CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION. BY USING OUR WEBSITE OR PURCHASE YOU AGREEN TO BE BOUND BY THESE CONDITIONS.
Standard Web Design Terms and Conditions
These are the standard terms and conditions for Website Design and Development and apply to all agreements and all work undertaken by Modum App for its clients.
Modum App grants the client license to use the web templates and other products (the “Products”) sold through our website as follows:
Any design, copywriting, drawing, idea or code created for the client by Modum App, is licensed for use by the client on a one-time only basis and may not be modified or re-distributed in any way or form without the express written consent of Modum App.
Modum App grants to the client a non-exclusive, perpetual and worldwide license to use and display the final deliverables in accordance with this agreement. The rights granted to the client are for use of the final deliverables in its original form only. The client may not change, create derivative works or extract portions of the final deliverables. Modum App retains a license to use general, design, custom and non-custom, code and design.
Modum App will not be held responsible for any and all damages resulting from such claims. Modum App is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Modum App responsible for any such loss or damage. Any claim against Modum App shall be limited to the relevant fee(s) paid by the client.
Supply of Materials
The client must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, images, written copy, logos, videos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where the client fails to supply materials, and that prevents the progress of the work, we have the right to invoice the client for any part or parts of the work already completed.
We are pleased to offer the client the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if the client makes a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $75.00 per hour.
Project Delays and Client Liability
Any time frames or estimates that we give are contingent upon the client’s full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from the client’s side and be made available on a daily basis in order to expedite the feedback process.
Approval of Work
On completion of the work the client will be notified and have the opportunity to review it. The client must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the Agreement will be deemed to have been completed.
If the client rejects any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that the client has been unreasonable in any rejection of the work, we can elect to treat this Agreement as at an end and take measures to recover payment for the completed work.
Modifications and Interruption To Service
Modum App reserves the right to modify or discontinue the Service with or without notice to the the client. Modum App shall not be liable to the client or any third party should Modum App exercise its right to modify or discontinue the Service. The client acknowledges and accepts that Modum App does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Modum App is an independent contractor with respect to its relationship to the client. Neither Modum App nor Modum App’s employees are or shall be deemed for any purpose to be employees of the client.
Copyrights & Trademarks
The client represents and warrants to Modum App that the client owns (or has a legal license to use) all photos, text, artwork, graphics, designs, trademarks, and other materials provided by the client for inclusion in the Website, and that the client has obtained all waivers, authorizations, and other documentation that may be appropriate to evidence such Ownership.
The client agrees to allow Modum App to replace a small credit on printed material exhibition displays, advertisements and/or a link to Modum App own website on the client’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The client also agrees to allow Modum App to place websites and other designs, along with a link to the client’s site on Modum App’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
We reserve the right to subcontract any services that we have agreed to perform for the client as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of the client’s confidential information to any third party.
The client agrees to reimburse us for any requested expenses which do not form part of this Agreement including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
Right of Refusal
Modum App reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. Also we have the right to be free from acts or threats of disruptive behavior, abusive and/or offensive language, including intimidation, harassment and/or coercion, which involve or affect our operation. Abusive communications in any form (email, phone, in person, etc.) Are strictly not tolerated. No refund would be provided in case of abusive communications.
The materials on Modum App’s website are provided on an “as is” basis. Modum App makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Modum App does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
The client agrees to use all Modum App services and facilities at their own risk and agree to defend, indemnify, save and hold Modum App harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against Modum App or it’s associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the client or its third parties. The client agrees this indemnification extends to all aspects of the project, including but not limited to website content, choice of domain name or loss of domain name. The client also agrees to defend, indemnify and hold Modum App harmless against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organization
Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this agreement was entered into in WA, United States. Any dispute will be litigated or arbitrated in the WA, and the client hereby consent to the personal jurisdiction of the King County, Washington Courts.
If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.
Modum App reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Modum App may make changes or modifications to referenced policies and guidelines without notice to the client. The client’s continued use of the Services following Modum App’ posting of any changes or modifications will constitute the client’s acceptance of such changes or modifications.