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Terms and 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.

Warranty Disclaimer

IWD Agency expressly disclaims any warranty for creative work and products, extensions and services.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE CREATIVE WORK, CREATIVE PRODUCTS AND EXTENSIONS ARE PROVIDED "AS IS" AND IWD AGENCY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, TITLE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. IWD AGENCY MAKES NO WARRANTY OF ANY KIND THAT ANY CREATIVE WORK, CREATIVE PRODUCTS, EXTENSIONS OR SERVICES, OR RESULT(S) OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S OR ENTITY’S REQUIREMENTS OR EXPECTATIONS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY’S SOFTWARE, HARDWARE, SYSTEM, DATA, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR COMPONENTS, VIRUSES, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

 

BY DOWNLOADING AND/OR USING ANY IWD AGENCY PRODUCT OR SERVICE, YOU AGREE TO EXPRESSLY WAIVE THE WARRANTY AGAINST REDHIBITORY VICES AND DEFECTS, WHETHER APPARENT OR LATENT, UNDER CIVIL CODE ARTICLES 2520 THROUGH 2548, INCLUSIVE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAW AND THE JURISPRUDENCE THEREUNDER.

Cancellation and 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 ensure the initial estimate is 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, etc. 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.

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 projects with a contract 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 projects 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.

Limitations of Liability

IWD Agency is not liable for any damages caused from the use or misuse, unauthorized, illegal or unlawful use of any IWD product or service and/or your violation(s) of any term or condition of this Agreement.

 

EXCEPT WHERE PROHIBITED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT, IN NO EVENT, WILL IWD AGENCY BE LIABLE UNDER THESE TERMS, ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE FOR ANY:

 

CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; INCREASED COST, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES OR PROFITS; LOSS OF GOODWILL OR REPUTATION; USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, MODIFICATION, ALTERATION OR RECOVERY OF ANY DATA OR SYSTEMS, HACKING EVENT, OR BREACH OF DATA OR SYSTEM SECURITY; OR COST OF REPLACEMENT PRODUCTS, GOODS OR SERVICES

 

IN EACH CASE REGARDLESS OF WHETHER OR NOT IWD AGENCY ALLEGEDLY CAUSED, DIRECTLY OR INDIRECTLY SUCH LOSSES OR DAMAGES AND/OR WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

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. Installation and any support work fees are not refundable.

Upgrade period

Each purchased extension includes free updates. During the active subscription period, clients are also 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. Purchased extensions may only be used in one Magento installation. In order to implement an extension in multiple Magento installations, a purchase must be made of that extension per Magento installation. IWD Agency reserves the right to refuse support and refunds to customers that do not adhere to this process.

IWD Checkout Suite uses from time to time Analytical tools to review our customer's checkout-page performance with the sole intention to improve our product with new features and to increase our merchant's conversion rates. It is important to note that the IWD Checkout Suite does not store any customers' information during this process.

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