1. GENERAL WORKING AGREEMENT
1.1 Creative Web Solutions will not be held liable or responsible for the end use of any documents or work carried out by us. We retain the right to reject work which we feel is illegal, immoral or objectionable.
1.2 Creative Web Solutions operation hours are 9am to 5.30pm Monday – Friday and are not obligated to communicate outside of these set times.
2. WORKING/BILLING PHASES
2.1 Based on our experience with long-term design communications projects, we have found that it is mutually advantageous to handle each project in logical working/billing phases.
2.2 Concept revisions, extensive alterations, or a switch in marketing objectives sometimes makes it impossible to accurately estimate in advance the total cost or time frame of a project. Planning the work, cost estimating, and billing in several phases permits Creative Web Solutions or CLIENT to adjust for such revisions/or halt work before completion if a project is postponed or cancelled. Any cancelled project is billed only through phases and/or portions of phases that were actually completed by Creative Web Solutions for each project, CLIENT will receive a proposal/estimate outlining the project specifications and our proposed scope of services and working/billing phases. Each proposal estimate will contain a project budget, which includes estimated fees for professional services.
2.3 We will begin work upon CLIENT’S approval of the written proposal. Your approval (written or oral) will constitute an agreement between us. Creative Web Solutions reserves the right to assign other designers or subcontractors to the project to ensure quality and on-time completion.
3.1 CLIENT agrees to pay Creative Web Solutions in accordance with the terms specified in each proposal/estimate where we will require payment of 50% of any project cost over the amount of £500 before work can begin. Unless otherwise specified, all subsequent balances due are payable upon art approval.
3.2 Full Payment must be made in advance for all projects under £500 excl VAT.
3.3 Payment must be made by electronic bank transfer. In certain cases Pay Pal and credit card payments are accepted, but an extra charge will apply. Details will be provided upon request.
3.4 Interest on past due balances is charged at 18% per annum or 5% per month or the highest permitted by law. We reserve the right to refuse completion or delivery of work until past due balances are paid. The client will remain liable for any reasonable legal costs or debt collection costs incurred to recover any sums due
3.5 The sums billed will reflect the actual costs incurred. Estimates are only valid for only 30 days from date of the estimate. CLIENT requested changes will be billed additionally. The client will be notified of any price changes.
4. PRODUCTION SCHEDULES
4.1 The client will assume any printing, hosting, binding, shipping, custom or insurance costs related to the project. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client.
4.2 Production schedules will be adhere to by both CLIENT and Creative Web Solutions, provided that neither shall incur any liability, penalty or additional cost due to delays caused by force majeure, as defined at clause 10.4. If such event(s) occur, it shall entitle Creative Web Solutions or the CLIENT to extend the completion or delivery date, by the time equivalent to the period of such delay.
4.3 Production schedules remain a guideline only and do not include any additional work as a result of CLIENT amendments, alterations or revisions.
4.4 Creative Web Solutions and the Client must work together to complete the project within the time frame stated in the proposal from first date of payment. If work over runs the deadline by fault of the client or delayed communication from the client, Creative Web Solutions reserves the right to charge the client for any extra time.
4.5 Creative Web Solutions reserves the right to assign subcontractors in whole or as part of a project if needed in order to complete a project within the required time frame or if the skill set required by the CLIENT is not achievable by Creative Web Solutions or its immediate employee’s.
5.1 The term of this agreement will continue for work in progress until terminated by the CLIENT or Creative Web Solutions upon twenty one (14) days written notice. If you should direct us at any time to cancel, terminate or “put on hold” any previously authorized purchase, we will promptly do so, provided you hold us harmless for any cost incurred as a result.
5.2 Upon cancellation of this agreement, Creative Web Solutions will transfer to CLIENT all your property and materials in our control and for which you have paid. Likewise ownership of all copyrights and any original artwork and disks shall be returned to/and retained by Creative Web Solutions and a fee for work completed, based on the payment schedule/hourly rate and expenses already incurred, CLIENT will indemnify and hold Creative Web Solutions harmless for any loss or expense (including solicitor fees), and agree to defend Creative Web Solutions in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to claims made against CLIENT and any of its products and services arising from the publication of materials that we prepare and you approve before publication.
5.3 If the client has not provided material necessary to complete the project to the developer within 6 months of the date this contract is signed, this action may be considered Cancellation.
5.4 Creative Web Solutions reserves the right to cancel or terminate this agreement for reasons valid to Creative Web Solutions.
Final text should be supplied by the client. If custom copy is required, a separate estimate will be provided.
6.2 Graphic Creation
It is anticipated that Creative Web Solutions will create, capture or receive from the Client all the graphic elements necessary to complete the Client’s web site. This includes brochure layouts, branding elements and photography.
6.3 Creative Web Solutions reserves the right to suspend work where materials in 6.1, 6.2 or is not provided or a cost estimate agreed for us providing this further work.
6.4 Creative Web Solutions cannot be held liable for any delay caused by the CLIENT’s failure to provide this material within a reasonable time frame.
6.5 CLIENT agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademarks, service mark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare on your behalf.
7. COPYRIGHTS, TRADEMARKS AND USE OF PRODUCT
7.1 The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Creative Web Solutions by the Client for inclusion in the Client’s website are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will indemnify, protect, and defend Creative Web Solutions and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
7.2 The materials supplied to you by Creative Web Solutions remain in the ownership of the Company will full copyrights
7.3 All original artwork revised by Creative Web Solutions in editing programs such as but not limited to; Adobe Photoshop remains the property of the Creative Web Solutions and may not be used by the Client without the written permission of Creative Web Solutions other than that stated in the initial proposal or additional documents.
7.4 We are happy to use client-provided graphics for use in website headers and pages. Any stock images that we have to source or purchase on the behalf of any client, that image copyright is not held by us but is held by the image provider or in license free cases, held by the client. We do not check the copyright of images provided by the client; this is the responsibility of the client.
7.5 Once a project has been delivered by us and is fully paid for by CLIENT, Creative Web Solutions will assign the reproduction rights of the design for the use(s) described in the proposal. We will also relinquish any rights to the coding or programming used to create the CLIENT’s website.
7.6 According to the Copy right Law of 1976, the rights to all design and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained by Creative Web Solutions, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of “All Rights” (A Buyout) is negotiated with Creative Web Solutions and/or his/her authorized representative, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including but not limited to branding, reprints or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding.
7.7 If printing or other implementation is done through your vendors, you agree to return to us all our original mechanicals and artwork (slides, prints, drawings, separations, etc.) within two weeks, and to provide us with printed samples of each project.
7.8 Creative Web Solutions reserves the right to photograph and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm news letter, brochures, slide presentations and similar media.
8. STOCK COMPONENTS
8.1 Creative Web Solutions may use “Stock Components” (photography, motion clips, and sound), whether royalty free (RF) or rights managed (RM), to provide or achieve a certain look and feel in the project. The client has the right to refuse to purchase any stock components with the full knowledge and understanding that the removal of these components may possibly change or alter the aesthetics of the project. At the same time, the project will not contain any unapproved and un-paid stock components when delivered or prepared for production.
8.2 It is agreed by Creative Web Solutions and the CLIENT that all approved stock components must be purchased or paid for by the client before the project is completed for print production, delivery or web publishing. The client will assume responsibility and ownership of all purchased stock components
(Whether RM or RF) used in the project.
8.3 A proof of approval as well as a written email will notify and show the client the changes caused by the removal of all unapproved and/or un-paid stock components. Creative Web Solutions has the right to remove all stock components that have not been purchased or paid for and can deliver the rest of the CLIENT’s final-approved-project once the agreed payment schedule has been fulfilled.
8.4 After the project has been delivered for production or to the client, Creative Web Solutions will not be held liable or responsible for any unlawful use/alteration of stock components if such use/alterations are executed by another party or individual.
8.5 It is the CLIENT’s responsibility to maintain and uphold the rules and regulations that pertain to any used stock components within the project or design(s). For more information regarding RF and RM licensing and their use, please review the terms & conditions below.
8.6 Rights-Managed (RM)
Rights-managed products are licensed on a use-by-use basis. The fee for using the product is calculated from several factors including size, placement, duration of use and geographic distribution. At the time you order a rights-managed product, you will be asked to submit information that will specify the usage rights to be granted.
8.6.1 Customers generally choose rights-managed products when the image, film clip or audio file will be used for a high profile project — such usage often connects a brand or a corporation’s identity to that particular image, clip or sound bite. Higher licensing fees prevent these products from ‘saturating’ the marketplace, thus helping to reduce potential competitive conflicts.
8.6.2 The fees and usage rights for rights-managed images are based on a specific project’s criteria: size of the image being reproduced, total print run, distribution, intended use, etc. For film clips the fees are based on usage, market and duration of use.
8.7 Royalty-Free (RF)
8.7.1 Royalty-free pricing is based solely on the size of the product you need, not the specific use. You don’t have to pay any additional royalties on a use-by-use basis. Once you purchase a royalty-free product, you may use it multiple times for multiple projects without paying additional fees. (Pornographic, defamatory, libellous or otherwise unlawful use of any image is, of course, prohibited.)
8.7.2 “Royalty-free” means that you pay only once for an image, film clip or audio file that can be used for multiple projects over an unlimited period of time. Since royalty-free products are sold on a non exclusive basis, customers often choose them as a complement to a design, rather than making them the primary focus.
8.7.3 Fees for royalty-free images, film clips and audio files are the same for every purchaser, regardless of the project specifics. The only factor that alters the cost of royalty-free products is the file size selected for purchase.
9. AMENDMENTS, REVISIONS AND ALTERATIONS
9.1 Creative Web Solutions prides itself in providing excellent customer service. That is the spirit of our agreement and the spirit of our business. To that end, we encourage input or direction from the Client during the design process.
However Creative Web Solutions does not encourage extensive communication that will hinder the progress or working hours spent on the project.
9.2 New work requested by CLIENT and performed by Creative Web Solutions after a proposal/estimate has been approved is considered a revision or alteration. Creative Web Solutions offers client limited minor revisions on website design and layout.
9.3 If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds. Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.
9.4 All alterations for web sites projects are to be requested in writing either by email or postal mail by the CLIENT.
10. ERRORS AND OMISSIONS
10.1 Creative Web Solutions shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client.
10.2 It is the CLIENT’S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Creative Web Solutions is not liable for errors or omissions. Your signature or that of your authorized representative is required on a “Proof Approval Form” or artwork prior to release for printing or other implementation.
10.3 If the client fails to provide the “Proof Approval Form” signed, Creative Web Solutions holds the right to stop/hold the project no matter what its previously agreed/set deadline or schedule.
10.4 It is agreed that Creative Web Solutions is not responsible or held liable for any errors contained in the final product after the final product has been committed/approved by the client to print or posted in view of the public.
10.5 Any errors notified within 48 hours of receipt, will be corrected free of charge unless otherwise agreed by the client and us.
11.1 A warranty will be granted to the client covering 60 days from the date of final invoice. This Liability section applies only to the extent permitted by law. For the avoidance of doubt, it does not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from negligence or willful default, or that of its employees, agents or subcontractors or (b) fraudulent misrepresentation.
11.2 If anyone other than Creative Web Solutions attempts to update the web site and/or causes damage to the design or impairs the ability for the web pages to display or function properly, this will not be covered by your warranty and time to repair the web pages will be assessed at an hourly rate. There is a one hour minimum. In this regard, Clients are encouraged to obtain a Maintenance Agreement.
11.3 Creative Web Solutions does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, specifications and descriptions of listed packages and services. We will do our best to correct errors and omissions as quickly as practicable after being notified of them. We do not accept any liability whatsoever for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of our services. We are only liable for direct loss up to a maximum total of the price of the booking.
11.4 Force Majeure: We shall not be liable for delay or failure to perform any of our obligations under this proposal if the delay or failure is caused by any circumstances beyond our reasonable control. For the purposes of this condition, “force majeure” shall include, but not be limited to acts of God, weather, third parties availability or negligence, industrial dispute, fire or explosions. Upon the happening of a “force majeure” event we shall be entitled to a reasonable extension of time for the performance of our obligations.
12. DESIGN CREDIT
12.1 Client agrees that Creative Web Solutions may put a by-line on the bottom of their web site establishing design and (or) development credit with an active html hyperlink to the developers website until the clients website is significantly changed or re-designed from that delivered by Creative Web Solutions at the end of project.
13. PROPERTY AND SUPPLIER’S PERFORMANCE
13.1 Creative Web Solutions will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorized use by others of such property. We will use our best efforts to ensure quality and timely delivery of all printed (offset, silk-screened, embossed or otherwise reproduced) pieces. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments,
13.2 Creative Web Solutions is not responsible for failure on their part. If you select your own vendors, other than those recommended by us, you may request that we coordinate their work. If at all possible, we will attempt to do so, but we cannot in anyway be held responsible for quality, price, performance or delivery.
14. THIRD PARTY SHIPPING
14.1 In the event any material necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, colour separation, press work, or binding, Creative Web Solutions will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.
15. CLAIMS PERIOD
15.1 Claims for defects, damages, and/or shortages must be made by the client in writing within a period of seven (7) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications.
16.1 All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until all just claims and debts against the CLIENT are satisfied.
17. CONFIDENTIALITY AND DATA PROTECTION
17.1 Confidentiality is guaranteed at all times and no information provided by the CLIENT to Creative Web Solutions will be made available to any third party.
17.2 All clients will be required to sign a non disclosure agreement before work on a project commences. This includes any consultations provide by creative web solutions on project requirements and solutions.
17.3 Creative Web Solutions its employees and subcontractors agree that, except as directed by the CLIENT, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about the Developer to another party; this includes but not limited to, estimates, quotes, consultation material, videos, audios, discounts, emails or documents stated to be or contain confidential information.
17.4 All work will be kept on file for a period of 12 months after completion of a project, after which, unless specified otherwise, all records will be deleted from Creative Web Solutions archives.
18. OVERTIME/UNSOCIAL HOUR
18.1 Creative Web Solutions operates strictly within the times outlined in article 1.2. Any communication required by the client or work undertaken outside of these normal operating hours is deemed as overtime but not including unsociable hours.
18.2 Overtime is charged at the hourly rate of £50 per hour Mon to Fri and £65 per hour Sat and Sun.
18.3 Unsociable hours are charged at the hourly rate of £80 per hour, Mon – Sun 11pm – 5am
18.4 If CLIENT requires a project or billing phase to be completed within a time frame not achievable within Creative Web Solutions set operation hours or by a predetermined date or time needed by the CLIENT, Creative Web Solutions will make use of overtime and unsociable hours where applicable in order to meet CLIENTS requirements.
18.5 Creative Web Solutions will notify CLIENT of any work due to be conducted within the time frames stated in articles 18.2 and 18.3.
19. DOMAIN NAMES AND HOSTING
19.1 Client agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services. Any support or payment due relating to the domain name, hosting and email services are to be made between the Client and the third party service.
19.2 CLIENT agrees to pass on FTP details and any other access details relating to their domain name and hosting account which the Developer requires to upload the web site if required as part of a project.
19.3 Creative Web Solutions reserves the right without notice to refuse work with domain names or hosting and email services without reason for such rejection or refusal.
20. ADDITIONAL PROVISIONS
20.1 The validity and enforceability of this agreement will be interpreted in accordance applicable to agreements entered into and performed in the United Kingdom. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement. If we must retain solicitor(s) to collect our invoices, we will be entitled to reasonable solicitor fees, court costs, and interest at the maximum rate permitted by law.
Creative Web Solutions Website Agreement
The Creative Website Solutions (the “website”) is an online information service provided by Creative Website Solutions (“Creative Website Solutions “), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Creative Website Solutions MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Website Copyright, Licenses and Idea Submissions.
The entire contents of the website are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Creative Website Solutions, its affiliates or other third party licensee’s. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Creative Website Solutions a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the website (such as bulletin boards, forums and newsgroups) or by e-mail to Creative Website Solutions by all means and in any media now known or hereafter developed. You also grant to Creative Website Solutions the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Creative Website Solutions for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Creative Website Solutions.
Traffic Server 1.01 TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Creative Website Solutions. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Creative Website Solutions, Creative Website Solutions does not operate, control or endorse any information, products or services on the Internet in any way. Except for Creative Website Solutions- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Creative Website Solutions a. You also understand that Creative Website Solutions cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Creative Website Solutions PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Creative Website Solutions SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Creative Website Solutions DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Creative Website Solutions HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Creative Website Solutions BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Creative Web Solutions OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Creative Web Solutions LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Creative Website Solutions makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Creative Website Solutions website, please understand that it is independent from Creative Website Solutions, and that Creative Website Solutions has no control over the content on that web site. In addition, a link to a Creative Website Solutions web site does not mean that Creative Website Solutions endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless Creative Website Solutions, its officers, directors, employees, agents, licensees, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Creative Website Solutions and its officers, directors, employees, agents, licensees, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of The United Kingdom applicable to agreements made and to be performed in The United Kingdom. You agree that any legal action or proceeding between Creative Website Solutions and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United Kingdom . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Creative Website Solutions failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Creative Website Solutions may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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Even though compensation may be given for purchases, my commitment is to only market products I personally use and believe are of some value. Not all links in this website are affiliate links, and I am only affiliated with products I like.