UnikWebDesign.com : Terms of Service

Welcome to UnikWebDesign.com!

Your use of this website, or any of our services, products or software, and collectively the "Services" ("Services"); in any way; indicates Your explicit consent to agree to, and to abide to, the Terms of Service, ("Terms of Service"), also referred to as TOS ("TOS&quot); as well as Your acknowledgment of the understanding of the TOS of this website, the Services, the Network and/or the Agent; and making all the terms set forth in this document, a binding agreement and contract between UnikWebDesign.com, the owner(s) of this website, its operator(s), any designated agent, company, organization or individual of any kind, having duties or responsibilities over, on, or with this website; and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution; collectively constituting of the Agreement ("Agreement"). By You using this website (Services) in any way, You automatically agree to the terms set forth in this Agreement and are automatically bound to it. You also agree to abide by its terms or rules at all times and at all cost whenever You use this website or any of the Services, and during any activity or action outside of this website or the Services that may potentially harm this website, the Services, Network, Agent, or Partner. Under the Agreement, You fully understand the definitions, words and terms used herein, and collectively referred to as "Definitions", ("Definitions") which are set forth and defined in this document. This Agreement sets forth the terms and conditions of Your use of UnikWebDesign.com's services ("Services") and explains UnikWebDesign.com's obligations to You and Your obligations to UnikWebDesign.com in relation to the Services You use and/or purchase.

Definitions:

"Website" = the words "website" / "websites" and "web site" / "web sites" shall mean the same and shall be treated as the same in definition, globally. For paid services (i.e. web design and development): The web site / website to be worked on, under the Project outlined by this Contract. The Website can be either an existing one to be modified or maintained in any way, or a new web site / website to be created, in either design only, programming only, both combined, or only a specific type of service provided by Developer in relation to web sites / websites. The words/terms "web site" and "website" mean exactly the same.

"Agreement" = a binding contract between You, You, Your heirs, agents, successors, assigns, any person using this website; and, any or all of the following: the owner(s) of this website, its operator(s); any designated agent, company, organization or individual of any kind, having duties or responsibilities over or with this website. The use of this Website or any of the Services, is subject to Your consent to the understanding of this agreement. The Agreement may be terminated at any time, either by You or by Us, by following the procedures to do so as set forth in the Agreement, or this document. This Agreement applies to anyone using this website or services, whether paid or free, including Clients. In the case of a person using paid services (i.e. web design and development), in addition to this Agreement, such person ("Client") may also need to agree to a Development Contract.

"Development Contract" = A contract ("Contract", "Development Contract", "Development Agreement"); a legally binding agreement normally used for paid services (i.e. web design, development, consulting, etc.) between Developer and Client, that becomes fully enforceable by law, upon the signing of Client, or person, officer, or legal guardian, legally authorized to act on behalf of Client and/or make the type of decisions of negotiating and executing a contract of the type set forth in this document, where the description of the work to be done by Developer for Client, is outlined, mentioning what is to be included. In some cases, such Contract can be made electronically, via email, where the person interacting through an email in regards to a proposal of a project or other paid service, agree electronically (considered an "electronic signature" in the case that applies).

"Services" = refers to any of the services provided by this website or through this website; collectively referred to as "Services" or Services.

"Agent" = any individual, corporation, or organization owning and/or operating this website or collectively the Services provided herein. The individual, corporation, or organization owning this website; may be, but is not necessarily; the individual, corporation, or organization operating this website. Due to the nature of business, the ownership and/or the company or individual that operates this website may change at any time without any necessary notification from our part.

"Network" = refers to any of the services provided by, owned by, or managed by Agent. Owned by, managed by and provided by, in relation to this definition, may include any or all of the following: as a sole proprietorship, in partnership, and/or share.

"Our" and "Us" = refers to this particular website, owner(s) of this website, and/or the Network, and/or Agent of this website, UnikWebDesign.com.

"Partner" = refers to any of the following: any individual, corporation, organization, or other entity; doing business with Us, by contract or without contract; but that is not owned by Us, is not controlled by Us in its entirety, or as majority or ultimate position of control of such entity, partnership or otherwise. The word "Partner" may mean one or various of the aforementioned types of parties and entities.

"Person" = (also "person", person) A real person or individual (human).

"Developer" = The person or company that is being hired by the Client and being paid to produce a website project, print media project, design project, programming project, etc. ("Project").

"Client" = The person, company, corporation, partnership, organization, or other entity or party ("Client"), that is hiring the Developer and paying Developer to produce a website project, print media project, design project, programming project, etc. ("Project").

"Signer" = A real person or individual (human), that is either the Client himself/herself, or a person, officer, or legal guardian, legally authorized to act on behalf of Client and/or make the type of decisions of negotiating and executing a contract of the type set forth in this document.

"Client's Project Manager (for the Project)" = A real person or individual (human), that is either the Client himself/herself, or a person, officer, or legal guardian, legally authorized to act on behalf of Client and/or make the type of decisions in regards to anything having to do with the development of this Project, and all its phases, including design approvals, etc. The Client's Project Manager is agreed to be the person making the final decision of any such process and elements that have to do with the completion of the Project, from start to finish, and is normally the main contact person in regards to the Project. The Client's Project Manager is responsible for making such decisions, keeping necessary communication with Developer, and of reporting any information, issues or other matters discussed between Developer and Client's Project Manager, and if necessary, reporting it with the Client (in the case that the Client were a different person than the Client's Project Manager).

"Project" = The combined and total work to be done/produced/completed by Developer under this Contract, of which specifics of what is included in it, is all printed, contained, stated, and described in detail, in this Contract. The Project is is the sum of the work to be done under this Contract, for which the Client pays the Developer to do such task, as described in this Contract.

"The" and "the" = the word or term "the" or "The" immediately preceding the word, words, term, phrase or any of the definitions (or Definitions ) set forth in this document, such as, but not limited to the following: Services, Agent, Network, TOS, Terms of Service, Agreement; shall not change the definition of the actual word, words, term, definition, or phrase itself.

"Terms" and "Terms of Service" = under this agreement, "Terms", "Terms of Service", and "Terms of Use" have the same meaning.

Singular V.S. Plural: Under the TOS, the words or terms defined under "Definitions", and set forth in this document, may be used in the TOS, both in plural form or singular form, and equally having the same meaning.

Validity of the "Definitions" and their use in the TOS / Agreement: Under the TOS, the words or terms defined under "Definitions", and set forth in in this document, refer specifically and solely, to any text image, or information posted by Us. It does not represent or refer to any similar word, term, concept, expression, brand or any other type of communication method or device not posted by Us. Some examples of this but not limited to the many possibilities are the following:   1) Any text image, video, or other kind of communication in this website but coming from another source not controlled by Us in its entirety, and any such type of communication that is placed anywhere in the Services but was not inputted directly and knowingly. This includes but is not limited to:   a) search results from any type of search, web search, user search, content search, or any other possible type of search; made at the Services, from the Services, through the Services, into the Services, or any other search or type of search in relation to the Services not mentioned in this document.   b) advertisements of any kind in the Services, to the Services, by the Services, from the Services, through the Services, into the Services, or any other advertisements or type of advertisement in relation to the Services not mentioned in this document.   c) referral service of any kind in the Services, to the Services, by the Services, from the Services, through the Services, into the Services, or any other referral service or any other type of referral in relation to the Services not mentioned in this document.   2) Any type of communication or posting made by any person, user, visitor, individual, group, corporation, organization, or other entity not necessarily mentioned in this document; but that it was made by a third party other than Us. You agree that such other third party, is to be held responsible for the posting, submission, possession, or control of any type of content or communication appearing in the Services. You also agree that in such case, You are fully responsible of finding the ways to proceed with any action against any third party, and that You will not rely or depend on Us or our assistance, which may be provided at Our own discretion or as provided by law in a Courthouse.

Under the Terms of Service and Agreement, You totally understand and agree to the following:

Intellectual Property

It is Our policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). Our policy and its details in reference to trade marks and copyrights, may be found at:
http://www.unikwebdesign.com/ip-policy

To the best of Our knowledge, all the text, graphics, audio, design, software, and other works and intellectual property on this website are the copyrighted works of http://www.UnikWebDesign.comand/or the Network, and/or the Agent; unless indicated, or otherwise, to the best of Our knowledge, it is the copyright or their respective owners with permission or license for http://www.UnikWebDesign.com and/or the Network, and/or the Agent; to use in one or more of the Services; or it is used according to certain limitations or exceptions provided by law, by the Digital Millennium Copyright Act, or other provisions, including but not limited to fair use. In the Services, all rights reserved, as provided by law. Any distribution, redistribution, sharing, duplication, or reproduction of any materials herein is strictly prohibited, unless You have a written authorization to use such property or material, or as provided by law. Trade Marks named in any way in the Services are the intellectual property of their designated owners. Naming any Trade Mark in the Services, does not necessarily indicate, the relationship, recommendation, referral, approval, endorsement or connection; to third party products, services, companies, organizations, individuals or other, in relation to such trade Marks, brands, brand names or other intellectual properties mentioned or referred to in any way in the Services. You agree that if at any time, You believe that intellectual property has been violated in any way, that You will first proceed with the Services' DMCA policy available in the Services, and that such policy is subject to change without notice, making any new changes automatically current. Such policy may be found at:
http://www.unikwebdesign.com/ip-policy

Under the Agreement, You agree that if for any reason, the page containing UnikWebDesign.com's DMCA policy, or UnikWebDesign.com's Terms of Service; was not available at the time that You search for any of these document or pages, look for, need, or any other reason that You may have to access such document; You will then use the contact form that may be found at:
http://www.unikwebdesign.com/

If for any reason the terms set forth in this Agreement in relation to any kind of intellectual property, and/or its use, should not apply to You; and You were to use it in any way without notification to, permission from http://www.UnikWebDesign.com, the Network, Services, Agent or designated owner, You agree that You are responsible for such decision, for Your judgment to use, or the consideration of it, and all legal responsibilities from You part; and if You do, You agree to the following: 1) to provide a hyperlink to UnikWebDesign.com or to the Services where You took it from; 2) to be responsible for the interconnection between such hyperlinks; 3) that at UnikWebDesign.com's discretion, Services', Network's, or Agent's discretion, such link must be removed if requested by UnikWebDesign.com, Services, Network, or Agents, or Partner.

Privacy Policy

This website's Privacy Policy is subject to the Terms of Service of this website, and to the Definitions set forth in the Agreement. Such policy may be found at:
http://www.unikwebdesign.com/terms

The protection of your personal data that we capture, process and use in connection with your visit of our website is important to us. Your data is protected in accordance with the legal regulations that we must obey. In the following we inform you of the data of yours that is recorded while you visit our website and how this data is used:

1. Capture and processing of data

For system-related and statistical purposes, for the purpose of answering your questions, processing finalized contracts, technical administration, abuse prevention and enforcement, improvement of services and features, improvement of marketing strategies, security purposes, user account protection such as verification of lost access to account, and other uses of the like; every instance of access to our site as well as every request for data stored in our database is logged. In this process, the following data are logged: the name of the data requested, the date and time of the request, the amount of data transmitted, notice of successful delivery, the web browser, the domain of the inquiring party and the IP address of the inquiring computer, as well as cookies used for proper function of the website or services and features. This occurs, for example, upon a request or registration.

2. Use and circulation of personal data

When you allow us access to personal data, this data is used for the purpose of answering your questions, processing finalized contracts, technical administration, abuse prevention and enforcement, improvement of services and features, improvement of marketing strategies, security purposes, user account protection such as verification of lost access to account, and other uses of the like. Circulation or transferring your personal data to third parties is only undertaken by us for the purpose of processing contracts, in particular the giving of data pertaining to orders made to distributors, or when it is necessary for invoicing or if you have agreed to a contract or sale.

3. Security Notice

We make a continuous effort to exhaust all technological and organizational possibilities of protecting your personal data against access by unauthorized third parties. It cannot, however, be guaranteed that email communication, or submission of any data through our system, are without risks.

Advertisements and other content:

Some of the Services are supported by advertising revenue and may display advertisements, promotions, and links to other sites. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information displayed or used in this website.

The use of the Services, and Your access to the Services, is subject to Your agreement and understanding that such and any advertisements may be be placed anywhere in the Services, at our own discretion, that it may be dependent to any of our partner's website or business; and that the manner, mode and extent of advertising on the Services are subject to change without specific or necessary notice to You.

The Services may include hyperlinks to other websites or content or resources. UnikWebDesign.com may have no control over any web sites or resources which are provided by companies or persons other than UnikWebDesign.com or Agent. Such links are not to be considered endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by http://www.UnikWebDesign.com / the Services.

You acknowledge and agree that UnikWebDesign.com is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.

You acknowledge and agree that UnikWebDesign.com is not liable for any loss or damage which may be incurred by You as a result of the availability of those external sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

Under the Agreement, You understand that in consideration that the Services may contain hyperlinks or reference to other websites not under control by UnikWebDesign.com or Agent, You totally understand that You may sometimes; as a result of accessing any such website(s), through Your use of the Services, in reference to the Services, or in relation to the Services; use a service, purchase goods, download a piece of software (intentionally or unintentionally), install malicious software (intentionally or unintentionally), which are provided by another person or company; and agree that Your use of these other services, software or goods may be subject to separate terms between You and the company or person concerned, and that any damage to You incurred in relation to the use or access to other services, software, or products is not our responsibility. You agree that should You decide that such matter needed to be remedied or were forced to do so by law, any such matter is between You and any company or individual other than UnikWebDesign.com or Agent.

Paid services and other services:

Paid services include, but is not limited to, web design, web development, programming, web-related consulting, advertising, marketing, analytics, SEO (Search Engine Optimization), training, and other services offered in this website.

Refunds: There are no refunds on any service paid for work that has already started in any way, including any consulting relating your project. In the case that a project has been agreed in writing (can be either on paper, or an email), if Client already made a deposit, and Developer has not commenced any work at all, then a refund may take place. In such case, Developer may charge Client for any type of web-related consultation provided by Developer prior to the agreement to the Project. Such charges are to be made on a per-hour basis, charged at the current Developer's rates found under the Web Services page. Client is responsible for reading such rates and keep current with changes of such rates, which are subject to change at any time. In the case that Developer agreed in writing to a pricing or rate different to the rates in such page in this website, then the agreed pricing or rates will be honored to Client. In the case that no specific pricing or rates were agreed in writing in a contract / project agreement, then the pricing and rates in the Web Services page automatically apply.

Client is to give Developer a non-refundable deposit of 50% of the agreed project (it is non-refundable once any work has commenced, as outlined above), which may be asked to be written to the name of "Unik Media Inc.". The payment must be provided in the form of check (personal or business), cashier's check, cash, or money order (certain money orders are accepted; if paying by money order, make sure to ask us before getting one and sending it). Client agrees to provide checks with sufficient funds; and in the case of a check having insufficient funds or having a "stop payment" client will owe Developer $50 for each check that is returned by the bank (whether it was for insufficient funds, a "stop payment", or any other reason not to the control of Developer).

By Client providing Developer with a deposit or full payment check, money order, cashiers check, cash, or any other type of payment accepted by Developer, Client is explicitly agreeing to have such payment taken and accepted by Developer. In the case that client wanted to put a hold in a check or other payment, Client must inform Developer in writing before such payment is drafted from Client's account (cashed in the case of money orders; deposited in the case of checks or cash). If any amount of work has commenced by Developer, including any web-related consulting, client will still owe Developer, the amount of the deposit (half the project). This still does not entitle Client to any work delivered until the final payment has been completed. In the case that Client decided to not continue to work with Developer, (cancellation) and not give the remaining balance of the contract/agreement, Client will forfeit all amounts paid to Developer (including the deposit). Developer retains all rights to design, development and all work done, until the contract has been completed to satisfaction of full payments. Certain Copyright laws protect the author of a work, and is property of the author until such author releases such work, in writing. Cancellations must be done in writing via email, sent to: directly from Client's email (cannot be through the contact form at our site).

Changes to the Terms of Service (TOS):

UnikWebDesign.com may make changes to the Terms of Service, Universal Terms or Additional Terms from time to time. When these changes are made, UnikWebDesign.com will make a new copy of the Agreement, which may be found at:  http://www.unikwebdesign.com/terms , and any new Additional Terms will be made available to You from within, or through, the affected Services.

You understand and totally agree that if You use the Services after the date on which the Universal Terms or Additional Terms have changed, UnikWebDesign.com will treat Your use as acceptance of the updated Universal Terms or Additional Terms.

General legal terms:

Under this agreement, You agree that all responsibility and liability for any damages caused by viruses contained within the electronic files of this site are disclaimed.

The information from or through this site (Services) is provided "As-Is," "As available," and all warranties, expressed or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties or merchantability and fitness for a particular purpose). The information (in the Services) may contain grammar errors, technical errors or other type of errors, misspellings, problems or other limitations. As a condition to Our providing the information on this site (Services), the viewer agrees that we are not liable for any indirect, special, incidental, consequential damages or any other damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. We would not provide this site (Services) and information without such limitations. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, currentness, completeness, suitability, applicability or currency of the information to a particular situation.

You agree that any error in grammar, a misspelling or other error of the like is human, and that also, some errors may occur as a result of a technical error, such as but not limited to, computer programs, software, hardware, applications, programming, or other errors of the like. You agree that if any such in the Services, including errors in the Agreement, the Terms of Service, the DMCA policy, Copyright and Trade Mark policy, and any other agreement, contract, policy, legal document, or any other type of document, contained in the Services; had any such aforementioned type of error, You agree that it will not be invalid in a Courthouse or legal procedure as a result of technicality. You agree that such error may be valid in our favor only, considering what a reasonable person can understand.

You agree that UnikWebDesign.com, the Network, and/or the Agent, may provide You with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the Services.

Any disputes that may arise concerning this website ( Services ) and the information contained herein shall be governed by Florida law (without regard to conflicts of law principles), and all proceedings which may arise out of or in connection herewith shall be brought solely in Miami, Florida. The language in this Disclaimer shall be interpreted as to its fair meaning and not strictly against UnikWebDesign.com, or the Network, or the Agent. The terms of this Disclaimer may only be amended in writing by a duly authorized employee of UnikWebDesign.com and/or the Network, and/or the Agent; with specific reference to this Agreement.

This Agreement constitutes the entire and only agreement between UnikWebDesign.com (Us); and any viewers, users, visitors, members; partners of this website; and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to this website and the information on this website, and/or collectively the Services.

This Agreement and the Services, or any part of it/them, may be terminated by Us at anytime and at Our own discretion. You agree that should Your Agreement be terminated, You will not hold Us liable for any consequences of any type, and will not seek any damages or make any claims against Us. You further agree that should that should Your Agreement be terminated, You will not engage in the activity of criticizing Our decision in any way, or to promote anything in relation to the termination of the Agreement with You in any way; such as but not limited to, posting in forums or community websites or similar mediums, printing, promotion; or to engage in in any illegal activity against Us, or commit illegal acts such as Defamation, Libel, or other ways that may affect Us in any way. You agree that if You do engage in any such act or activity, whether You Agreement has been terminated or not, You are fully responsible for any actual damages and any projected damages against Us, and any Partner potentially affected by such action from Your part or otherwise. UnikWebDesign.com, or the Network, or the Agent. The terms of this Disclaimer may only be amended in writing by a duly authorized employee of UnikWebDesign.com and/or the Network, and/or the Agent; with specific reference to this Agreement.

Notwithstanding this, You agree that UnikWebDesign.com, the Network, and/or the Agent; shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

You agree that if UnikWebDesign.com and/or the Network, and/or the Agent does not exercise or enforce any legal right or remedy which is contained in the Terms of Service (or which UnikWebDesign.com and/or the Network, and/or the Agent has the benefit of under any applicable law), this will not be taken to be a formal waiver of UnikWebDesign.com and/or the Network's, and/or the Agent's rights and that those rights or remedies will still be available to UnikWebDesign.com and/or the Network, and/or the Agent.

Any disputes that may arise concerning this website ( Services ) and the information contained herein shall be governed by Florida law (without regard to conflicts of law principles), and all proceedings which may arise out of or in connection herewith shall be brought solely in Miami, Florida. The language in this Disclaimer shall be interpreted as to its fair meaning and not strictly against UnikWebDesign.com, or the Network, or the Agent. The terms of this Disclaimer may only be amended in writing by a duly authorized employee of UnikWebDesign.com and/or the Network, and/or the Agent; with specific reference to this Agreement.

Severability:

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Service is invalid, then, that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.