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TERMS & CONDITIONS

 

TERMS & CONDITIONS

Founded in 2001, IWD Agency is a Baton Rouge eCommerce Agency that specializes in Magento development. As a certified Magento Partner, our team focuses on helping brands achieve online success through innovative website design, development, and strategic marketing. Each year, IWD Agency works closely with brands to leverage eCommerce best practices and increase online sales.

IWD Agency’s certified Magento developers are full time employees of the agency. Collectively, our certified developers have completed and serviced hundreds of Magento websites and developed highly respected extensions in the Magento community. Their expertise and ingenuity has prompted PayPal to entrust our developers with custom development and has sparked IWD Agency’s Magento extension store, IWD Extensions, to become the largest Magento extension retailer in North America.

CANCELLATION & REFUND POLICY

Project invoices are due and must be paid 7 days from date of invoice unless otherwise stated. If the balance due on the invoice has not been received within 7 days, a 10% penalty fee will be applied. In addition, IWD Agency reserves the right to place a hold on the website from being active/live and/or accessible to the design/development files. Until payment has been made in full to IWD Agency, we retain ownership of all design and development, created by the agency. Once final payment has been made, ownership of the website will belong solely to the client.

We make every effort to make the initial estimate as accurate as possible with the information provided. However, the estimate is only an estimate. If additional requirements are added during the course of the work, we will make the client aware of any changes to the original estimate before the work is done so that there are no surprises at the completion of the project. Client will only be charged for the number of hours the employees of IWD Agency actually spend completing the task. Therefore, if the project ends up taking less time than the original estimated hours, only the amount of hours worked will be charged. Additional enhancements, such as stock-photos, Magento extensions, custom development, will be billed in addition to the existing quote.

All of our estimates are broken-down hourly based upon our standard hourly rate. Consultations, conference calls/meetings, research, design and development are all included within the hours set for each project. Any additional hours will be billed at our standard hourly rate. Due to certain unforeseen circumstances, the project may go over the hours set for the package. Should the project exceed the reserved hours set for the package, clients will be notified when the hours are close to exceeding the project budget. The client will also be responsible for any additional overages.

IWD Agency warrants and represents that, to the best of our knowledge, the creative work developed is original and has not been previously published, or that consent to use has been obtained in writing on an unlimited basis. Client expressly agrees that it will hold IWD Agency harmless for all liability caused by the client's use of creative products designed by IWD Agency, or its strategic partners, to the extent of such use infringes on the rights of others

Client warrants that all artwork/intellectual property submitted to be used by IWD Agency is (a) owned by you, or (b) you have the authorization to use it without violating any copyright, trademark, or any other intellectual property laws. Client is solely liable for any legal action that should arise from artwork submitted by Client.

Timelines are contingent on client's responses and approval of concepts, edits, and information needed from client to complete the project. IWD Agency cannot be held responsible for delays caused by non-responsive clients.

Cancellations for project with contact will be based upon contract agreement. If no contract has been signed for development, hosting or marketing project, then cancellations are allowed prior to work effort or hosting usage. If cancellation is made in the middle of a project, client will forfeit their deposit and any other additional expenses.

IWD Agency reserves the right to feature project we have worked on under our portfolio unless other agreements have been made. We also exclude all other liability we may have to you for acts or omissions by us, our directors, employees, agents, representatives and contractors. This includes both direct and indirect losses, including loss of profits, loss of revenue and loss of any opportunity. This exclusion of liability applies whether or not our contract with you has ended and regardless of the type of damage you suffer or howsoever it was caused.

IWD Agency reserves the right to make changes to these terms at any time. Terms & Conditions effective upon the invoice date sent.

IWD EXTENSIONS

IWD Extensions is a subsidiary of IWD Agency. For all extensions developed and sold as products on IWD Extensions, the following terms are applied:

15 Day Money Back Guarantee
From the date of purchase, the customer has up to 15 days to notify IWD Extensions that they would like to refund the product(s) in order to receive a 100% refund. Legal action may be pursued if IWD Extensions determines that the client maintained and continued to use the product(s) after receiving a refund.

Guaranteed Bug Free
If the purchased product(s) contains a glitch or error when working with standard Magento logic, then IWD Extensions will resolve the issue free of charge for the client. If the error is a result of the client’s website deviating from standard Magento logic, then IWD Extensions is not liable for this issue.

Upgrade Period
Each purchased extension includes 90 days of free updates. During the active upgrade period, clients are eligible for free extension updates. If the customer would like additional features added to the original product then a quote will be provided at IWD Extensions hourly rate. Additional support periods can be purchased for a product: either 180 or 360 days from purchase date.

IWD Extensions warrants and represents that, to the best of our knowledge, the creative design and development logic of products are original and are not plagiarized.

Weeetail

About
Weeetail is a eCommerce development platform conceived, owned, and operated by IWD Agency and built on the Magento Community platform.

Payment
If you elect to sign up for a Weeetail account plan, you shall pay all applicable fees for the selected account plan. Weeetail reserves the right to change its pricing at any time.

Monthly account fees related to using Weeetail are charged automatically using the payment method as determined in your Weeetail account. If Weeetail does not receive a request by the user or should the user fail to properly disable their account, for termination of payment you acknowledge and understand that Weeetail will continue to charge you for the subscribed account plan as long as your account remains active regardless of account activity / inactivity.

In the event you contact your credit card company or bank and decline or otherwise reject the charge of any payable fees owed to you from using the Weeetail system, this act will be considered a breach of your obligation hereunder and your use of Weeetail will be terminated. To continue operating your online store you must submit payment for the cancelled / disputed charges to your Weeetail account.

Weeetail expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online and effective immediately without need for further notice to any user.

User Content
Weeetail allows users to compose and upload content and media on your online store that is hosted by IWD Agency. You understand that whether or not such content is published, Weeetail does not provide any legal protection for this content and media.

It is thereby understand that the Weeetail user is solely responsible for the accuracy, integrity, and quality of such content and that the use of the content and media does not infringe upon any third-party rights.

Weetail does not claim any intellectual property rights over the content and media files used on any user account.

Furthermore, you agree to not use: (I) material that is copyrighted or subject to third-party proprietary right (both public and private rights) unless you are the owner of such rights or have lawful permission to use the material, (II) promote falsehoods or misrepresentations that could be damaging to Weeetail or IWD Agency or any third-party.

Additional Prohibited Uses
You agree that you will not knowingly use your Weeetail account to:

(I) Provide harm to minors in any way

(II) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or an entity

(III) Upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships

(IV) Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation

(V) "Spamming" to promote your website or engaging in unethical marketing, advertising, any other practice connected in any way to "spam" including, sending content or emails which do not comply with the CAN-SPAM Act of 2003

(VI) Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment

Account Security
You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to immediately notify Weeetail of any unauthorized uses of your account or any other breaches of security. Weeetail cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

Apps
I. General - Weeetail offers its users the ability to add additional features to their website in the form of apps or applications that can be used in conjunction with or as part of their online store by. Apps may be provided and owned by Weeetail or by third-parties not affiliated with Weeetail. In the event an app is the sole responsibility of a third-party vendor, the vendor will be clearly identified in the Weeetail app market so that it can be easily identified by the Users.

There are instances where some Weeetail apps may be made available to users at no charge while the use of other apps or certain Weeetail system features or abilities of apps may require payment in order to gain full access.

II. Availability of Apps - Weeetail reserves the right, at its sole discretion (including but not limited to an event of violation of any legal agreement, law, regulation or policy) and with no need to provide a notice, to permanently or temporarily remove the availability of any app (or of any features or components thereof). You as a Weeetail user agree that in such event Weeetail shall have the right, in addition to the discontinuation of the offering of such app to remotely remove such app from your online Weeetail store at its sole discretion. Should this occur, you shall have no claims towards Weeetail or IWD Agency as result of any loses of data, sales, or other content.

III. Terms of Purchase - You agree that you are solely responsible for all fees associated with purchases of any app in order to obtain full functionality. Weeetail in no way store’s your payment information in server’s in the service of the Weeetail operating system. All payment information pertaining to a customer’s account is stored securely through PayPal recurring profiles and is used for monthly billing purposes for the Weeetail account. Payment for an app will be charged at the instance of purchase and not included in the recurring monthly bill for your Weeetail account plan.

IV. Responsibility and Liability - In purchasing an app, you acknowledge that all apps are offered as-is basis and Weeetail shall have no responsibility in relation to the proper functionality and/or availability of any app. Third-party app providers shall have the sole and exclusive responsibility for maintenance, bug fixing, support and proper functioning of the purchased app.

V. Ownership of Rights - Weeetail and third-parties providing apps shall own all right, title and interest in and to apps offered to Weeetail system users, including without limitation all applicable Intellectual Property Rights in the apps.

Uncontrolled Events
Under no circumstances shall Weeetail be held liable for any delay or failure in your website and/or any of the services and/or information on the website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Weeetail and IWD Agency, including:, internet failures, equipment failures, electrical power failures, fires, floods, storms, earthquakes, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties.

Notice of BETA Test
Please note that the Weeetail is currently in BETA and is constantly undergoing testing. By using Weeetail you understand and agree that the services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the services at this stage signifies your understanding of and agreement to participate in the service under BETA testing.

 
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