- Terms of Service
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Independent Webdesign, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 16 years old.
- Your independentwebdesign.net Account. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Independent Webdesign of any unauthorized uses of your account or any other breaches of security. Independent Webdesign will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Payment and Renewal.
- General Terms.
By selecting a product of any web design, web development, and graphic design services you agree to pay Independent Webdesign one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). The product of web design, web development, and graphic design services will be delivered solely according to original product specification stated in your order and according to electronic communication agreements prior ordering the product or service. Additional modification of the ordered product or service including changing of concept, color range, adding new content, adding new elements, changing of mind or any other requirements which were not stated in pre-order communication, will be subject to additional fee depending on the character of requirement.
Payments are not refundable.
- Automatic Renewal.
Unless you notify Independent Webdesign before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Independent Webdesign in writing.
- General Terms.
- Intellectual Property. This Agreement does not transfer from Independent Webdesign to you any Independent Webdesign or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Independent Webdesign. Independent Webdesign, independentwebdesign.net, the independentwebdesign.net logo, and all other trademarks, service marks, graphics and logos used in connection with independentwebdesign.net, or the Website are trademarks or registered trademarks of Independent Webdesign or Independent Webdesign licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Independent Webdesign or third-party trademarks.
- Changes. Independent Webdesign reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Independent Webdesign may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Independent Webdesign may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your independentwebdesign.net account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Independent Webdesign if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Independent Webdesign notice to you thereof; provided that, Independent Webdesign can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Independent Webdesign and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Independent Webdesign nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Independent Webdesign, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Independent Webdesign under this agreement during the twelve (12) month period prior to the cause of action. Independent Webdesign shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Independent Webdesign, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Independent Webdesign and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Independent Webdesign, or by the posting by Independent Webdesign of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Bratislava, Slovakia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Bratislava, Slovakia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Bratislava, Slovakia, in the Slovak language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Independent Webdesign may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Independent Webdesign Studio (“Independent Webdesign“) operates independentwebdesign.net and may operate other websites. It is Independent Webdesign policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Independent Webdesign collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Independent Webdesign purpose in collecting non-personally identifying information is to better understand how Independent Webdesign visitors use its website. From time to time, Independent Webdesign may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Independent Webdesign also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on independentwebdesign.net blogs/sites. Independent Webdesign only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Independent Webdesign websites choose to interact with Independent Webdesign in ways that require Independent Webdesign to gather personally-identifying information. The amount and type of information that Independent Webdesign gathers depends on the nature of the interaction. For example, we ask visitors who sign up at independentwebdesign.net to provide a username and email address. Those who engage in transactions with Independent Webdesign are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Independent Webdesign collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Independent Webdesign. Independent Webdesign does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Independent Webdesign may collect statistics about the behavior of visitors to its websites. Independent Webdesign may display this information publicly or provide it to others. However, Independent Webdesign does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Independent Webdesign discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Independent Webdesign behalf or to provide services available at Independent Webdesign websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Independent Webdesign websites, you consent to the transfer of such information to them. Independent Webdesign will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Independent Webdesign discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Independent Webdesign believes in good faith that disclosure is reasonably necessary to protect the property or rights of Independent Webdesign, third parties or the public at large. If you are a registered user of an Independent Webdesign website and have supplied your email address, Independent Webdesign may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Independent Webdesign and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Independent Webdesign takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Independent Webdesign, or substantially all of its assets, were acquired, or in the unlikely event that Independent Webdesign goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Independent Webdesign may continue to use your personal information as set forth in this policy.