Universal Terms & Conditions of Service for Ivy Studios Products and Services
1. TERM OF AGREEMENT; MODIFICATIONS
2. CONDITIONS OF USE
3a. WEBSITE DESIGN
3b. LOGO/PRINT DESIGN
4. WEBSITE HOSTING/MAINTENANCE
5. FEES AND PAYMENT
7. REPRESENTATIONS AND WARRANTIES
8. LIMITATION OF LIABILITY
This Agreement (“Agreement”) is by and between Ivystudios.org (“Ivy Studios”) a Maryland corporation and You, Your heirs, agents, successors and assigns (“You” or “Client”), and is made effective on the date that the project down payment or full payment is received from the Client. This Agreement sets forth the terms and conditions of Your use of Ivy Studios products (“Products”) and services (“Services”) and explains Ivy Studios’s obligations to You and Your obligations to Ivy Studios in relation to the Products and Services You purchase.
This Agreement as well as any additional Ivy Studios policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and Ivy Studios concerning Your use of Ivy Studios’s Products and Services, and supersede and govern all prior proposals, agreements or other communications. All Ivy Studios policies and agreements specific to particular Product and Service are incorporated herein and made part of this Agreement by reference. By purchasing Ivy Studios’s Products or Services, You acknowledge that You have read, understood and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Ivy Studios may establish from time to time and any agreements that Ivy Studios is currently bound by or will be bound by in the future. You may view the latest version of this Agreement online.
In A Nutshell: This agreement is between Ivy Studios and You (“Client”) and is effective on the date that you make your down payment or pay in full for products and/or services offered. By purchasing you are saying that you have read and understand and are bound by everything outlined in this document as well as new policies and terms that may be added in the future.
1. TERM OF AGREEMENT; MODIFICATIONS
You agree that Ivy Studios may modify this Agreement and the Services as deemed necessary by its executives. You agree to be bound by any changes Ivy Studios may reasonably make to this Agreement when such changes are made. If You have purchased Services or Products from Ivy Studios, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Product or Services. In the event You terminate Your usage, Ivy Studios will not refund any amounts You have paid. You agree that Ivy Studios shall not be bound by any representations made by third parties who You may use to purchase and/or monitor purchased Services from Ivy Studios and that any statement of a general nature, which may be posted on Ivy Studios’ website or contained in Ivy Studios’ promotional materials will not bind Ivy Studios. Ivy Studios may, at times, offer certain promotions with different charges and features that will last only for the duration specified in the promotional offer.
You agree that You will be responsible for notifying Ivy Studios should You desire to terminate Your use of Ivy Studios’ Services. Notification of Your intent to terminate must be provided to Ivy Studios no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date. If You have milestone payments for a project, You agree to give notification of Your intent to terminate no later than 7 days prior to the next milestone date.
In A Nutshell: You are bound by this agreement which is in full effect as long as you are using the products and/or services of Ivy Studios. To terminate a project: Regularly billed services – give notification no earlier than 10 days prior but no later than 3 days prior to your billing date. Milestone payment s- give notification no later than 7 days prior to the next milestone date. Ivy Studios will not refund any amounts that have already been paid.
2. CONDITIONS OF USE
Ivy Studios reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action against Ivy Studios or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Ivy Studios may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.
Except as set forth below, Ivy Studios may cancel Your use of the Services immediately if You are using the Services, as determined by Ivy Studios in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but are not limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way.
Notwithstanding anything to the contrary herein, in the event Ivy Studios cancels Your Services, You will not receive a refund of any fees paid to Ivy Studios in connection with the Services being canceled. In the event Ivy Studios deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to Ivy Studios if, for any reason, Ivy Studios takes corrective action with respect to Your improper or illegal use of its Services.
In A Nutshell: The right to terminate services is at the sole discretion of Ivy Studios if your use is associated with legal action, spam, harassment, pornography and any other morally objectionable activities. No refunds will be given.
3a. WEBSITE DESIGN
Once Ivy Studios receives the following items from the Client, we will begin work on the project:
i. Design Request (via email to customerservice@Ivystudios.org or Design Request Form on website) and 50% non-refundable down payment of total cost of project
ii. Domain name and login information for access to back end of website (if applicable)
iii. All text content and images to be included in the project
Your project will be created according to our design standards & code of ethics within an agreed upon time frame upon receipt of deposit.
Milestone dates will be set and on each milestone date the Client will review the project draft and send a list of changes to be made to the draft in one emailed document. The Client shall provide this list within 3 days after Ivy Studios sends the preview link to the client. Ivy Studios will implement the changes on the list within the time set in the milestones. This process will continue until the final date is reached and the site is launched. Should the Client request additional changes or modifications to the project after submitting final approval, they will be charged $60 per hour for these additional changes. Any feature or specification not expressly included in a written proposal, estimate or package by Ivy Studios is not included in the price quoted. If the client requests such a feature to be added to their project, this will be at additional cost to the client.
3b. LOGO/PRINT DESIGN
Once Ivy Studios receives the following items from the Client, we will begin work on their project:
i. Design Request (via email to customerservice@Ivystudios.org or Design Request Form on website that explains the logo concept) and slogan, if applicable
ii. 50% non-refundable down payment of total cost of project
Your project will be created according to our design standards & code of ethics. When complete, the client will preview the project drafts and provide, in one single emailed document, a list of any modifications to be made to the draft. The Client shall provide this list within 3 business days after Ivy Studios sends the drafts to the Client.
Ivy Studios will implement the changes on this list within 5 business days of receipt. Should the client request additional modifications to the project after submitting final approval of the original list, they will be charged $60/hour for these additional modification requests. If no list of changes is provided within a 5-business day preview period, the project is deemed completed and any further requests will be subject to design and/or labor fees.
4. WEBSITE HOSTING/MAINTENANCE
You understand Ivy Studios charges a monthly fee which covers hosting of Your website and updating of Your website. Subject to the terms and conditions of this Agreement, Ivy Studios shall attempt to provide the hosting services for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement while maintenance services are subject to our business hours. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Ivy Studios may periodically undertake; or (iii) causes beyond the control of Ivy Studios or that are not reasonably foreseeable by Ivy Studios, including but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You agree that Ivy Studios has no control of availability of the Services on a continuous or uninterrupted basis. You agree that it is Your sole responsibility to notify Ivy Studios in the event you require service or maintenance updates as defined in this agreement. Ivy Studios is not responsible for making any changes or updates to Your website without Your written authorization or request via email sent to customerservice@Ivystudios.org or Maintenance Request Form on the website. Requests submitted any other way will not be honored. You understand that hosting/maintenance fee assessed monthly, quarterly, semi-annually or annually covers:
Hosting of your website
Where Maintenance is defined as informational changes (text, dates, service and/or product descriptions, pictures related to seasonal products and/or services, bulletins, announcements, obituaries, address changes, updated phone numbers, office info or shopping carts, etc.) Maintenance does not include cosmetic changes (color changes, header changes, background alterations, music, flash, banner ads, additional pages, video programming, site navigation, navigation bars, rollover images, image swap, page transitions, logo design/alteration, etc. ) to the website
FTP transfer of files associated with any updates.
5. FEES AND PAYMENT
As consideration for the Products and/or Services purchased by You and provided to You by Ivy Studios, You agree to pay Ivy Studios 50% of the total balance at the time You order. All fees are due on the date designated on the invoice and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated or transferred prior to the end of the Services term. You further agree to pay Ivy Studios the remaining balance at the conclusion of the project. You will not receive teh final product until your balance is paid in full. Ivy Studios expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by You through the invoice that is sent to you or via the website (when applicable). You may pay through your PayPal account balance or the Preferred Funding Source that you designate. Cash, personal checks, money orders and certified checks are not accepted.
If You signed up for a monthly maintenance or hosting plan, your monthly billing or invoiced date will be the 5th business day before the 1st day of the following month. All payments are due on the 1st day of each month. Your payment is considered late if received after the 3rd day of the month after which a $15 late fee is assessed as well as suspension of your account. If Your monthly fee as well as all late fees applied have not been paid by the 10th day of the current month, Your account will be closed and your services disconnected. In the event Your services are disconnected, it is Your responsibility to pay the entire amount due plus a $50 re-connection fee in the event you would like to continue service with Ivy Studios. All reopened accounts will be subject to Ivy Studios current rates.
In A Nutshell: Monthly: Billed: 5 business days before the 1st of the month. Due: 1st of the month Late w/$15 fee/Suspension: after the 3rd of the month Accound Closed/Services Disconnected: if not paid on the 10th of the month. $50 re-connection fee.
If You have opted to participate in a quarterly, semi-annual or annual payment plan, your billing preference must be submitted in writing and e-mailed to customerservice@Ivystudios.org or via the Ongoing Services Form on the website. Upon receipt, Ivy Studios will deliver all electronic invoices with regard to your preference. There is only a two day grace period extended for the quarterly, semi-annual or annual payment plans. On the third day after the due date, if payment is not made in full, Your account will be closed and service disconnected. In the event Your services are disconnected, it is Your responsibility to pay the entire amount due plus a $50 re-connection fee in the event you would like to continue service with Ivy Studios. All reopened accounts will be subject to Ivy Studios current rates. If you have subscribed to our automatic payment system, Ivy Studios will automatically renew Your Services when they come up for renewal and will take payment from Your PayPal account or Preferred Method specified in PayPal.
If for any reason Ivy Studios is unable to obtain funds for the full amount owed Ivy Studios for the Services provided, or if Ivy Studios is charged a penalty for any fee it previously charged to Your Payment Method, You agree that Ivy Studios may pursue all available remedies in order to obtain payment. You agree that among the remedies Ivy Studios may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names or Services registered or renewed on Your behalf. Ivy Studios reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties You have elected to use as payment methods, including PayPal and disputes that require legal services. These charges will be billed to the Payment Method provided. You agree that You are solely liable for arranging that Your Services are renewed and that Ivy Studios shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew Your Services. While all purchases are processed in US dollars, Ivy Studios may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, Ivy Studios makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price.
In A Nutshell: Quarterly, Semi-annual or Annual payment plans have a 2 day grace period. Your account will be closed and services disconnected on the third day after the due date if payment has not been received. $50 re-connection fee.
By using Ivy Studios’ PayPal, Inc. (“PayPal”) option (“Pay by PayPal”), You can purchase Ivy Studios Product and Services using PayPal. In consideration for the Product and Services purchased by You and provided to You by Ivy Studios, You agree to allow PayPal to debit the full amount of this transaction from Your PayPal account balance or the Preferred Funding Source You established with PayPal, which is non-refundable.
It is Your responsibility to keep Your PayPal Account current and to have available funds in it. You agree that PayPal and Ivy Studios will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, You agree that PayPal and Ivy Studios may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account by PayPal or charged to Your Preferred Funding Source. By clicking the box labeled “I agree” to the terms of the Pay by PayPal terms, You authorize the information provided to be used for the creation of an electronic funds transfer (EFT) and You authorize a debit of THE FULL AMOUNT of Your order from Your PayPal Account or Preferred Funding Source.
7. REPRESENTATIONS AND WARRANTIES
You, or the individuals who electronically execute this Agreement on behalf of You, hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party’s trademark or trade name.
Ivy Studios expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Ivy Studios , as well as its affiliates, subsidiaries, officers, directors and employees. Ivy Studios also reserves the right to freeze a domain name during resolution of a dispute.
8. LIMITATION OF LIABILITY
In no event shall Ivy Studios be liable to you or any other person for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including negligence), breach of warranties, either express or implied, any breach of this agreement or its incorporated agreements and policies your inability to use the product or services, your loss of data or files or otherwise, even if Ivy Studios has been advised of the possibility of such damages.
The information we collect via this website may include:
Any personal details You submit such as name, address, email address, etc.
Your IP address (this is your computer’s individual identification number) which is automatically logged by our web server. This is used to note your interest in our website.
Your preferences and use of email updates recorded by emails we send you (if you select to receive email updates on products and offers).
Session information stored in cookies, these do not include any personal information and are used to ensure the correct data is extracted from the database when using our interactive systems.