TERMS AND CONDITIONS
We dislike spam as much as you do. We will never share your information with third parties unless required to do so by law or requested by you. The information we collect from you will be used to maintain your services with us and to represent the quality of our work to others, such as in our online portfolio.
2. OWNERSHIP OF WEBSITE DOMAIN NAME
Website domain names are leased from domain name registration companies. When INOVA THINK SMART registers a domain name for a client, that registration will be made under Inova’s name. If purchased by INOVA THINK SMART , we will be responsible for expired domain names, therefore INOVA THINK SMART will have all rights for domains. If you are in a contract with INOVA THINK SMART and choose to cancel our services before your contract has came to an end, you will have the following options; purchase the website entirely according to your remaining balance with the cancellation fee in order to keep rights of your website or lose rights to your website
as it will be terminated along with a cancellation fee.
3. OWNERSHIP AND COPYRIGHT
All text and photos used as content in a commissioned website must be provided by the client (unless the client has hired INOVA THINK SMART for content development). The client must have ownership or written permission to use all content he/she provides for use. It is up to each client to ensure his/her design and/or content does not infringe on any trademark, service mark, or copyright. INOVA THINK SMART cannot be and is not responsible for intellectual property infringements on behalf of clients. Also, INOVA THINK SMART cannot be and is not responsible for submitted content. Clients should not mail irrepla- ceable photos or documents or send content that must be returned. The rights granted to Client are for the usage of the Final Design in its original form only. Client may not modify the Final Design. Client shall have: Nonexclusive rights, unlimited duration, worldwide, electronic use, this website only. All other rights to be negotiated separately.
4. MOCKUP FEEDBACK
If the client does not give feedback on the design mockup within ten business days, by default, the mockup is approved and going LIVE.
5. OTHER DELAYS
If more than 30 days have passed since the client signed the Con- tract and there has been no communication from the client, INO-VA THINK SMART will consider the project completed in its enti-rety and the amount agreed on the contract will be billed monthly.
6. HOW CONTENT MAY BE SUBMITTED
All content must be submitted electronically via email (contact us for the correct email address). Text must be selectable as actual text ra-ther than as flattened images. Both text and photos/graphics must be clearly labeled with the name of the page on which it will be displayed. Content may not be submitted via fax or paper copies. Exceptions to this policy must be approved in advance and will incur a surcharge.
7. LATE FEES
Failing to make payment proceeding 5 or more business days from issued invoice date will result in a late fee of $35.00 after your late payment is made.
8. TERMINATION OF SERVICES
If the client changes his/her mind about doing work with INOVA THINK SMART during their contract, the client will be charged the amount of$250.00 for early cancellation in our services of SSM or WEB. If the client decides to no longer continue their contract for our PRINT or BRANDING services you will be charged 50% of your deposit.
9. REFUSAL OF SERVICE
INOVA THINK SMART does not accept projects that promote hate, intolerance, abuse, discrimination, pornography, animal exploita-tion, or any other unethical practice. INOVA THINK SMART reserves the right to decline to do business with any client for any reason.
10. PERMISSIONS AND RELEASES
The Client agrees to indentify and hold INOVA THINK SMART harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Design at the request of the Client for which no copyright permission or privacy release was requested, or for whichuses exceed the uses allowed pursuant to a permission or release.
This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding of the parties. Its terms can be modified only by a writing signed by both parties, except that the Client may authorize expenses or revisions orally. Any dispute arising out of this agreement will be resolved by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/ or binding arbitration through the American Arbitration Association. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of California and courts of such state shall have exclusive jurisdiction and venue.
12. CHANGES TO TERMS OF SERVICE
INOVA THINK SMART reserves the right to change these terms of service at any time for any reason. You will be notified of these changes 30 days prior to implementation. You agree that it is your responsibility to review this terms of service and any violation of any terms may result in the suspension or termination of INOVA these terms of service and any may result in the suspension orTHINK SMART services.