This Agreement details our obligations to you as well as your obligations to us. This Agreement is the entire Agreement between us.
This Terms of Service Agreement (the “Agreement”) is an agreement between you (the “User”) and Wichita Designs LLC (DBA “Wichita Designs,” “we”, or “us”). We provide Users with certain services (as defined below) to help maintain websites by providing general web design, website management and administration, website hosting services, communication tools and forums, mobile applications, and online store (ecommerce) tools and services (collectively, the “Services”) directly and through the website and associated domains of https://wichitadesigns.com (the “Site”). By using the Site in any way you are agreeing to comply with these terms, our Privacy Policy and any other legal notices or conditions or guidelines posted on the Site which we may update without notice and we encourage you to check out here at any time.
1. What We Own
All material and services available on the Site, and all material and services provided by or through Wichita Designs, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, software documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, written copy or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Wichita Designs trademarks and service marks, logos, slogans and taglines are the property of Wichita Designs. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Wichita Designs without our express written permission.
2. Rights to Use What We Own
Subject to this Agreement, Wichita Designs hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of this Agreement. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
3. What You Own and Provide To Us
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Services (“Content”). Wichita Designs is not responsible for your Content. You are the owner of all the content that you provide given that you have the legal ownership or proper licensing in place. You hereby grant Wichita Designs a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Content regularly and frequently.
4. Giving Us Access to Other Accounts and Services
Some of our Services may require you to give us access to or require you to provide login information and password information for accounts or services you may have with third party providers. When you provide this information to us or give us access to these third party accounts you agree that you have read all contracts and written agreements governing such access, login information and passwords and that you have all the necessary contractual and legal rights to give us such access, login information and passwords.
5. Right To Publish
Any questions, comments, suggestions, ideas, feedback, or other information provided by you to us (“Comments”) are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as we deem appropriate, for any and all marketing or promotional purposes, in our sole discretion. Furthermore, you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use the Content and any website, image, video, audio, document or data provided to us or created by us as we deem appropriate, for any and all marketing or promotional purposes, in our sole discretion.
6. Monitoring What You Provide Us
Wichita Designs may, but has no obligation to, monitor Content on the Site or websites created using our Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Wichita Designs or its customers, or operate the Services properly. Wichita Designs, in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. Wichita Designs may, in its discretion, also require you to place all or any portion of the Content behind password protection. If Wichita Designs has requested Content be placed or has placed Content behind password protection, you may not publish the password or similar information in any way that limits the effectiveness of the password. If Wichita Designs requests that you place any Content behind password protection and you fail to do so promptly, Wichita Designs may (a) place such Content behind password protection itself, or (b) immediately terminate this Agreement.
7. Copyright Complaint Policy
If you believe any Materials infringe your copyrighted works, you may provide a notification of claimed copyright infringement to your Account Manager for copyright complaints. As Wichita Designs asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If any material located on or linked to by your Website violates copyright, you are required to remove or request that such material or links be removed. You warrant that all materials provided by you have been properly licensed, and that use by Wichita Designs in carrying out our assignment does not infringe the rights of third parties. In no event will Wichita Designs be liable for any copyright infringements that exist on your Website. If any part of your website is found to be in violation of a third party’s copyrights, the liability of any infringement ultimately falls on you, the company displaying the imagery. It is your obligation to verify that images, video, text and other Content used on your Website(s) do not violate a third party’s copyrights, even if that Content is supplied by Wichita Designs.
8. Rules
You agree to all of the following:
a. You hereby certify that you are at least 18 years of age and have the legal capacity to agree to these terms and conditions.
b. You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
c. You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.
d. You will not use the Services or Materials if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department’s list of Specially Designated Nationals.
e. You will not use the Services or Materials to impersonate another person.
f. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by Wichita Designs without our express written permission.
g. You may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Site.
h. You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any Wichita Designs user to access the Services.
i. You will not access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times.
j. You may not send messages using the Services which do not correctly identify the sender and you may not alter the attribution of origin in electronic mail messages or postings.
k. You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by Wichita Designs.
l. You will not attempt to or actually override any security component included in or underlying the Materials or Services.
m. You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Wichita Designs’s infrastructure.
n. You will not publish, Content, or links to Content, that is:
i. Pornographic, sexually explicit, or violent.
ii. Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another).
iii. Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.
iv. Breaches another’s privacy.
o. Wichita Designs may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Services. If Wichita Designs reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.
9. Selling Through Wichita Designs
Some of our Services and Materials may offer you the opportunity to sell or purchase goods and services through sites hosted or designed by Wichita Designs as well as our partners and affiliates sites (such goods and services, “Commerical Products”). We, our partners, and affiliates are merely providing the platform for buyers and sellers to negotiate and complete transactions for these Commercial Products. When a buyer purchases Commercial Products, payments will be processed through a third party payment service provider. Payment services are governed solely by the third party provider’s terms of service and privacy policy. We are not responsible for the actions of these third party service providers. In addition to the other rules and requirements described in this Agreement, you must follow the rules listed below when offering, selling or purchasing
Commercial Products.
a. You may not offer or sell illegal or potentially illegal Commercial Products, including those that are counterfeited, stolen or fraudulent. Commercial Products sold using the Services must comply with all applicable laws, including Commercial Products sold to individuals outside of the U.S. Items identified as “not for distribution within the United States” may not be sold using the Services.
b. You may not offer or sell Commercial Products that infringe or have the potential to infringe the intellectual property rights or proprietary rights of another.
c. You may not offer or sell any Commercial Products that we, in our discretion, determine are inappropriate, offensive, pornographic, sexually explicit or violent.
d. You may not offer or sell any Commercial Products that are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices or ammunition. We reserve the right to determine, in our sole discretion, whether Commercial Products constitutes “weapons” for purposes of this Agreement.
e. You may not offer or sell any Commercial Products that infringe upon or have the potential to infringe upon an individual’s privacy or that may be libelous, slanderous or otherwise defamatory.
f. You may not use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s permission.
g. Without limiting anything else in this Agreement, we may immediately remove Content related to the offer or sale of Commercial Products in violation of this Agreement. If you sell a Commercial Product using our Services, then you must, upon our request, (i) use commercially reasonable efforts to stop the delivery of the Commercial Products to the buyer, or (ii) pay a refund for such Commercial Products to the buyer.
10. Payment Information
You agree to supply appropriate payment for the services received from Wichita Designs, in advance of the time period during which such services are provided. Monthly services begin at the time we begin work and payments should be made in advance. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. You agree that until and unless you notify Wichita Designs of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Should such a card in someone else’s name result in a “chargeback” (withdrawal, cancellation or refund) due to he or she contacting their bank, you will be responsible for repaying any such funds that have been removed. It is your responsibility to contact this person and ask him or her to negate the chargeback request by contacting his or her bank. Furthermore, you agree that any chargebacks cannot exceed 30 days back from the date of request to your bank or financial service.
As a client of Wichita Designs, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Wichita Designs of your desire to cancel any or all services received (by the proper means listed in Section 11 of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Wichita Designs. Wichita Designs reserves the right to bill your credit card or billing information on file with us. Wichita Designs provides a 7 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 7 days and not paid will result in a suspension of your account, website and any other associated services including but not limited to email and hosting until account balance has been paid in full. Access to the account will not be restored until payment has been received.
a. If you purchase any Services that we offer for a Fee, you agree to allow Wichita Designs, or our third party service providers to store your payment card information. You expressly agree that we or third parties that you sign up for through our services or by way of referral are authorized to charge you (i) a monthly Fee for any applicable Services billed on a monthly basis, (ii) any other Fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you agree to remain responsible for any uncollected Fees.
b. First Payment: Wichita Designs will use the first month’s payment in addition to any other discussed costs as a fee with your approval and consent prior to initiating website management service plans or products as listed on the website. The following services are some items that are rendered for website management plan upon reception of first payment:
i. Creation of cPanel account on our hosting server
ii. Installation of latest WordPress (or other content management system as needed) version on the aforementioned cPanel
iii. Setup of WireFrames on WordPress Installation (which includes installation of theme as well as any page or layout arrangements).
iv. The purchase, installation, and setup of 3rd Party software at your request to fulfill advanced development needs
The credit card used to collect any setup fee will be the same card used to process your monthly recurring payment.
11. Plan Information
a. Only Services and features clearly indicated as “free” or “no charge” or “included” are free or without additional charge. All other applications, features, functionality and support provided by Wichita Designs and its partners are provided for the fees quoted by the company or listed on the Site and you are liable for such Fees associated with additional services or products.
b. Monthly Service Plan: The monthly service plans entail the operation, maintenance, management, and use of the Website we provide. Further, it also includes the website hosting costs and services. The monthly service plan is provided for a flat rate (“Fee”) every month until notice of cancellation is initiated. The fee will be automatically deducted from your credit card on a recurring basis on the same day each month relating to the date you initiated service or the date you’ve specifically requested. If collection of payment becomes an issue, Wichita Designs at its sole discretion may require that you use a different credit card or that 12 months of monthly service be purchased up front. A Late fee of $20 may also be implemented for accounts that we deem as being repeatedly or somewhat regularly in bad standing due to late payments, inability to process payment or other payment processing issues.
11. Plan Information (continued)
Your monthly service plan may include the following:
i. Use the Website that we have provided you on a domain name of your choice.
ii. Website Hosting.
iii. Hours of website work and support per month are limited to a monthly basis as designated on the website – Beginner Plan: one hour per month; Plus Plan: two hours per month; Premium Plan: three hours per month; Hourly increments are applied and debited toward your requests for updates, changes and general support.
iv. Online Stores (Ecommerce): Wichita Designs is not responsible or liable for the products or services available for sale on ecommerce websites or online stores. Furthermore, Wichita Designs is not responsible or liable for the management of such said products and services. You are solely responsible for the addition, editing, removal, listing, pricing, pictures, descriptions and any other content, imagery or media associated with the online store portion of your ecommerce website. Wichita Designs will provide a CMS (content management system) that allows you to manage your products. Wichita Designs is not responsible or liable for the availability of such said products and services available for sale or any associated pricing, descriptions, errors, warranties or other product and service details. You will be solely responsible for the online store (ecommerce) portion of your website.
v. Blogs & Blogging: Wichita Designs is not responsible or liable for the posts, content, pictures, video, media, links or other such related elements available on your blog portion of the website. Furthermore, Wichita Designs is not responsible or liable for the management of such aforementioned blog elements. You are solely responsible for the addition, editing, removal, listings, pictures, video, media, links, descriptions and any other content associated with the blog portion of your website. Wichita Designs will provide a CMS (content management system) that allows you to manage your blog posts. Wichita Designs is not responsible or liable for the availability of the aforementioned content available on your blog. You will be solely responsible for the blog portion of your website.
c. Plan Pricing: Your website management service plan’s pricing will remain the same for as long as you remain a customer with an active plan and your account is in good standing. This grandfathered pricing will be honored up to 30 days following cancellation of our services or from the first day an inability to process payment occurs resulting in a suspension of services. Accounts deemed to be in bad standing for billing issues or for severely abnormal server resource usage may be subject to price increases which you will be notified and or consulted about prior to any adjustment. All other pricing for additional services is subject to change at any time and any custom quotes shall be valid for no more than 30 days.
d. Outright Purchase: You may purchase the Website outright at anytime granting you full ownership and rights to the design, data, imagery, code, scripts, files, and function. Pricing starts at $2500 and will vary based on actual labor costs accrued. When an outright purchase is made, we can transfer the Website’s files and other associated content to a compatible hosting provider of your choice.
12. Cancellation of Services
Cancellations can be performed by contacting us immediately via phone. We require that cancellations of service be requested via phone to reduce the likelihood of mistakes, fraudulent/malicious requests. Upon your request to cancel, you understand and agree that cancellation may render all files, emails, and data associated with the account as potentially unrecoverable. All purchases are final and no refunds will be available or issued with the exception of billing mistakes such as double billing or wrong plan implementation. Rights to the website are relinquished upon cancellation unless otherwise purchased.
Failure or inability to pay the monthly free associated with your website and management service is not an indication of cancellation nor will it result in a cancellation of your subscription. Failure or inability to pay the monthly fee for any reason will result in automated emails being sent to your contact email we have on file in an effort to make you aware of your failure or inability to pay. One billing issue notification email will be sent to you daily for 7 days with a link to correct or update your billing information. Failure to correct or update your billing information within this 7 day period will result in a suspension of all your services with us including the taking down of your website. Our billing system will continue trying to process payment with the card we have on file until you update your billing information, contact us to update your billing information, or contact us to cancel your subscription to our services.
13. Taxes
You take full responsibility for all taxes and fees of any nature associated with Services, including any sales tax related to the purchase or sale of Commercial Products. Wichita Designs shall not be liable for any taxes or other fees to be paid in accordance with or related to the Commercial Products. When purchasing or selling Commercial Products, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority. Any tools provided as Materials or in connection with the Services indicating estimated taxes due are for illustration purposes only.
14. Termination
a. Services may be terminated by us, without cause, at any time.
b. Services may be terminated by you, without cause, by following the cancellation procedures set forth in Section 12.
c. Wichita Designs may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
d. Notice of termination of Services by Wichita Designs may be sent to the contact e-mail associated with your account. Upon termination, Wichita Designs has the right to delete all data, files, email accounts or other information that is stored in or associated with your account as well as our Service and Materials.
15. ERRORS AND ACCESS TO SITE
YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT WITHIN YOUR WEBSITE; INCLUDING SALES TAX CALCULATIONS, PRODUCT PRICING, AND PRODUCT DESCRIPTIONS, SHIPPING CHARGES, CONTACT INFORMATION, EMAIL COMMUNICATIONS, AND ELECTRONIC PAYMENT PROCESSING. WICHITA DESIGNS WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES. YOU FURTHER UNDERSTAND THAT WICHITA DESIGNS MAY NOT MAINTAIN COPIES OF FILES OR DOCUMENTS THAT ARE SENT BY YOU AND THAT YOU ARE SOLELY RESPONSIBLE FOR BACKING UP THIS DATA.
16. Links to Third Party Websites; No Implied Endorsement
The Site may contain links to other websites owned by third parties. Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on the Site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
17. DISCLAIMER OF WARRANTY
THE SITE, SERVICES AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WICHITA DESIGNS AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER WICHITA DESIGNS NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITE, THE MATERIALS AND/OR THE SERVICES AVAILABLE ON OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES WICHITA DESIGNS OR ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES, THE MATERIALS OR THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON THE SERVICES AND/OR THE MATERIALS IS AT YOUR SOLE RISK. IN ADDITION, WICHITA DESIGNS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SITE TO ANYONE.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT, TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.
FURTHER, WICHITA DESIGNS AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES OR THE MATERIALS OR THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE, THE SERVICES OR THE MATERIALS OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER WICHITA DESIGNS NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SITE, ITS SERVERS, THE MATERIALS OR THE SERVICES, OR ANY E-MAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THIS AGREEMENT APPLIES SOLELY TO THE SITE. AS PART OF THE SERVICES PROVIDED TO OTHER WICHITA DESIGNS USERS, WE HOST WEBSITES FOR CERTAIN THIRD PARTIES (“THIRD PARTY SITES”). THIRD PARTY SITES INCLUDE CONTENT GENERATED BY THIRD PARTIES AND ARE NOT UNDER THE MANAGEMENT AND CONTROL OF WICHITA DESIGNS. WICHITA DESIGNS IS NOT RESPONSIBLE FOR SUCH THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, THE ACCURACY, SUFFICIENCY, CORRECTNESS, RELIABILITY, VERACITY, COMPLETENESS OR TIMELINESS THEREOF, ANY LINK CONTAINED THEREIN, OR ANY CHANGES OR UPDATES THERETO, OR ANY GOODS OR SERVICES SOLD THEREON. YOUR ACCESS OR USE OF ANY THIRD PARTY SITE IS GOVERNED BY THE TERMS APPLICABLE TO SUCH THIRD PARTY SITE. THE HOSTING OF ANY THIRD PARTY SITE BY WICHITA DESIGNS DOES NOT IMPLY AN ENDORSEMENT THEREOF BY WICHITA DESIGNS, OR OF THE PROVIDER OF SUCH CONTENT OR SERVICES, OF ANY THIRD PARTY SITE.
18. LIMITATION OF LIABILITY
WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WICHITA DESIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE WICHITA DESIGNS AND HOLD WICHITA DESIGNS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, MATERIALS, SITE, YOUR CONTENT, COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGHOUT THE SITE. YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
19. EXCLUSIVE REMEDY
IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES, THE MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES AND THE MATERIALS. UNDER NO CIRCUMSTANCES SHALL WICHITA DESIGNS, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
20. Termination/Exclusion
We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, Wichita Designs has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.
21. Indemnification
You agree to indemnify, hold harmless, and defend Wichita Designs and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively “Indemnified Parties”) from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use of the Services, the Site or the Materials, (ii) your Content, or (iii) any Commercial Products you offer on or through the Site or using our Services. This includes, but is not limited to, any breach or violation of this Agreement by you. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
22. Amendments
We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time. We will make a copy of any changes available on our website (https://wichitadesigns.com/terms-of-service/) within 7 days of any changes. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Site (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.
23. Disputes
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the state of Kansas without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Kansas, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
24. Privacy
We encourage you to read the Privacy Policy available on our website (https://wichitadesigns.com/terms-of-service/), and to use the information it contains to help you make informed decisions. Please also note that certain information, statements, data and content (such as photographs) which you post to the Site are likely to reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge and agree that your submission of such information is voluntary on your part. Further, you acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion. Disclosures of user information to third parties are further addressed in the Privacy Policy.
25. Search Engine Optimization (SEO) Services
You acknowledge that Wichita Designs has no control over changes to search engine policies or algorithms. At any time, your website may lose rankings or be excluded from search results at the sole discretion of the search engine. Any SEO Services performed will vary each month to maximize your budget based on analytical data and business needs at our sole discretion.
26. Other
You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to Wichita Designs as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Wichita Designs shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Wichita Designs in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Wichita Designs, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Site or any content used or displayed through the Site.
27. Terms You Must Post on Your Site
You are responsible for drafting the terms of use for any website hosted by us for you as part of the Services (your “Hosted Site”). However, the terms of use for your Hosted Site must designate us a third party beneficiary and must contain intellectual property, limitations of liability, limitations of remedy, disclaimers of warranty and indemnification provisions each for the benefit of Wichita Designs which are at least as favorable to Wichita Designs as contained in this Agreement. Wichita Designs will provide you with a generic privacy policy that will be posted to your site free of charge. If you disagree with any of the statements or language within your generic privacy policy, it your responsibility to draft a custom privacy policy to be posted on your website.
You agree to indemnify and hold harmless Wichita Designs and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns from and against any and all liability, loss, claim, damages, expense or cost (including but not limited to attorneys’ fees), arising from or related to the use of, access to, interaction with or reliance upon, your Hosted Site, including the purchase, sale or other distribution of Commercial Products.
28. Refund Policy
At Wichita Designs, we pride ourselves on offering a range of premium digital services, including SEO and website design and build processes. Each project, whether it’s improving search rankings or crafting a unique website, is approached with dedication and precision.
- SEO Services: We understand that the realm of SEO can be unpredictable. When we commence an SEO project, our team gives their undivided attention, expertise, and time to it. This often involves reserving substantial slots in our calendar exclusively for your project and foregoing other potential opportunities to uphold the quality of our services. Due to the intensive nature of SEO tasks and the commitments made once the project starts, refunds are not feasible.
- Website Design & Build Services: Building a website is not just about crafting visually appealing layouts; it’s about understanding a brand’s essence and translating it into the digital realm. Much like our SEO services, our website design and build process requires considerable planning, commitment, and time allocation. This process engages various professionals, from designers to developers, all of whom have dedicated time slots specific to your project. As a result, we are unable to accommodate refunds since these resources, once tied up, cannot be reallocated easily.
Given the commitments involved in both services, we operate on a no-refunds policy. Once a project kicks off and our resources are committed, refunds cannot be provided. This policy ensures that all our clients receive the exemplary service they anticipate and deserve.
However, it’s not just about our policies – it’s about ensuring you’re satisfied with our work. If you have concerns or issues at any stage, we urge you to reach out. Our team is always on hand to discuss your project, make necessary adjustments, and ensure you derive maximum value from your investment.
Your trust and understanding mean the world to us, and we’re deeply thankful for both.
29. Miscellaneous
a. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
b. If we fail to enforce any of this Agreement, it will not be considered a waiver.
c. Any amendment to or waiver of this Agreement must be made in writing and signed by us.
d. You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent.
e. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
f. This Agreement does not confer any third-party beneficiary rights.
g. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
30. Acknowledgement
BY USING OUR WEBSITE AND OR OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS & CONDITIONS OF THIS AGREEMENT.
