Terms & Conditions
By using Web Ninja LLC and signing up as a Client, you agree to be legally bound by these Terms and Conditions of Use, including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use the Web Ninja LLC service. By placing any order with Web Ninja LLC you agree to all our terms and it is your responsibility to read our terms. Web Ninja LLC may revise these Terms and Conditions at any time by updating this posting. You should visit this web page periodically to review the Terms and Conditions, because they are binding on you. In these Terms and Conditions, all services provided by and related to Web Ninja LLC and all text, images, photographs, user interface, “look” and “feel”, data and other content (including, without limitation, the selection, coordination and arrangement of such content) are sometimes referred to as the “Web Site” and/or “Service”.
You acknowledge and agree that Web Ninja LLC shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any project and/or user provided content that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that Web Ninja LLC may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Web Ninja LLC, its users and the public.
Web Ninja LLC General Services
(a) Description. Web Ninja LLC Service is an online service where individuals or entities that have signed up with Web Ninja LLC as clients (each, a “Client”) can post specific assignments and project descriptions, including illustrative samples or other media (each, a “Creative Brief”), revise those Creative Briefs (each, a “Revision Brief”) and obtain responses (each, a “Response”) to those Creative or Revision Briefs from design experts retained by Web Ninja LLC (“Members”). Web Ninja LLC will provide you, as the Client, the Service according to the Package you have chosen as detailed in section 1(e) below. Your Responses will be created iteratively through a drafting cycle of Creative Briefs, Revision Briefs and Responses, ultimately resulting in a final Response conforming to your various Creative and Revision Briefs.
(b) Creative Brief and Responses. You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Web Site, including providing samples illustrating your Creative Brief and any relevant deadlines. For each Response to a Creative Brief that you want to receive, a term sheet (a “Term Sheet”) will be generated that will contain, and be subject to, the terms and conditions you have established for the Creative or Revision Brief. Web Ninja LLC is under no obligation to review a Creative or Revision Brief or Term Sheet for any purpose, including accuracy, completeness of information, quality or clarity. Web Ninja LLC may decide, in its sole discretion, to deny a Creative or Revision Brief or a Term Sheet.
(c) Reviewing Responses. When Web Ninja LLC provides you with a Response, you are responsible for reviewing the Response. If you fail to promptly inform Web Ninja LLC that the Response is not reasonably responsive to the related Term Sheet or Creative Brief, you will be deemed to have accepted the Response. If you notify Web Ninja LLC that you think a Response is not reasonably responsive to the related Creative Brief, you shall then submit to the Web Site a Revision Brief containing information regarding amendments or modification to be made to the initial Response. After you provide Web Ninja LLC with a Revision Brief, Web Ninja LLC will provide you with a subsequent Response that conforms to the additional criteria you requested. Web Ninja LLC is not responsible for the content of Responses developed to the extent that such Responses are prepared to conform to your Creative or Revision Briefs.
(d) Revision Cycles. Revision cycles generally consist of unlimited additional compositions that incorporate changes you request in a Revision Brief. The purpose of the revision process is to create Responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the Responses generated might be quite different in nature from the original composition you selected. By the third revision request, your requests shall be modifications of the current composition only. Revision requests that depart from the then-current composition will be honored and completed in a timely manner, however; Web Ninja LLC reserves the right to charge the client for each such Revision. No revision work, which requires payment, will be started without your authorization.
(e) Packages. You may select from the following Service Packages: Web Design Packages | Ecommerce Website Packages | Web Portal Packages | Web Maintenance Packages | Digital Marketing Packages | Branding Packages | Animated Video Packages
(f) Client Accounts. When you register for the Service, you must pay for the Service via credit card, or other payment method authorized by Web Ninja LLC. You will be charged for the Package you have selected along with any additional products and/or services you select as add-ons. If you pay by credit card, you will be required to provide a valid credit card number and credit card billing address when registering as a Client. You will receive receipts for all your transactions with Web Ninja LLC. We hold the right to change the fee policy for Clients and impose additional fees on Clients at any time; however, such additional fees will not apply to projects submitted before Web Ninja LLC decides to implement any such changes in fees.
Registration, Password, User Identity
(a) Your User Identity. When you register as a Client, you will create a user identity (your “User Identity”), which will be your identity for purposes of interacting with other users through the Web Site. Your User Identity will include certain personal information, such as the industry in which you operate. However, your user name need not be your real name. During the registration process, the fields requesting information that will be made available to others as part of your User Identity are identified. You are responsible for ensuring that you are comfortable making such information available to other Web Site users.
(b) Access Numbers, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with these Terms and Conditions, your User Identity, registration identification and password for the Web Site. You shall immediately notify Web Ninja LLC if you learn of or suspect: (i) any loss or theft of your User Identity, registration identification or password, or (ii) any unauthorized use of your registration identification or password or of the Web Site. In the event of such loss, theft, or unauthorized use, Web Ninja LLC may impose on you, at Web Ninja LLC’s sole discretion, additional security obligations.
(c) Security Breaches and Revision. If any unauthorized person obtains access to the Web Site as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly inform Web Ninja LLC. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
Ownership; Rights to Use
(b) Creative and Response Briefs. Upon submission of a Creative or Response Brief or any other information or media provided by you in connection with your use of the Service (collectively, the “Client Information”), Web Ninja LLC and its agents shall have all rights and licenses necessary to use such Client Information for the purpose of obtaining Responses and for archival purposes. Each Member to whom your project is made available has the right to review and display the relevant Term Sheet for purposes of preparing a Response.
(c) Rights of Web Ninja LLC. Upon your submission of Client Information to the Service, you grant Web Ninja LLC a royalty-free, perpetual, irrevocable, sub-licensable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the Service and Responses.
(d) Rights of Clients. Subject to your compliance with these Terms and Conditions, you shall own the final Response composition provided to you by Web Ninja LLC (the “Final Product”). You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the Final Product, and Web Ninja LLC expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to Web Ninja LLC a royalty-free, irrevocable exclusive worldwide right to use Creative and Revision Briefs, individual Responses provided to you, and Final Product for internal and archival purposes, and in order to display and promote the Web Ninja LLC Service. Web Ninja LLC retains the rights to all artwork concepts and other content not selected by you.
Nondisclosure and Privacy
Web Ninja LLC intends to use commercially reasonable efforts to follow its privacy policy; as such privacy policy may be changed from time to time at Web Ninja LLC’s sole discretion. Notwithstanding the foregoing, Web Ninja LLC cannot and does not assume any responsibility or liability for any information submitted to the Web Site or for the use or misuse of any information submitted by you or any other person, including, without limitation, any information accessed by a hacker or by any other malicious actor.
Eligibility, Access, Use and Service
(a) Eligibility Requirements. To register as a Client, you must be at least 18 years of age, agree to these Terms and Conditions and Web Ninja LLC privacy policy, and complete the registration procedure. By registering as a Client, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the registration process is complete and accurate and, if you are registering on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions. Web Ninja LLC may accept or reject your registration in its sole discretion.
(b) Authorization to Use; Permitted Uses. You may access and use the Service solely in accordance with these Terms and Conditions and any posted policies and procedures that appear on the Web Site. You may provide Creative Briefs
and obtain Responses only if you register as a Client. Any use of the Web Site is at your sole risk and responsibility. Subject to these Terms and Conditions, you may (i) display the Web Site on an Internet access device, and
(c) Prohibited Uses. Except as expressly permitted in these Terms and Conditions, you may not display or print the Web Site and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create derivative works from the Web Site. You agree to comply with all applicable laws in connection with your use of the Service. You further agree not to (i) transmit viruses, spam, malicious code, or other harmful content; (ii) infringe others’ intellectual property rights; (iii) interfere with Web Ninja LLC’s servers or infrastructure; or (iv) attempt unauthorized access to any account or system.
(e) Operation of Web Site. Web Ninja LLC shall not be responsible for any delays, interruptions, or errors on the Web Site. We may change, suspend, or discontinue any service at any time without notice.
Communications
By using the Web Ninja LLC Service, you agree to receive emails including status updates, newsletters, and special offers. You may unsubscribe at any time. Personal data will not be shared outside our privacy policy.
Validity of Refund
Money Back Guarantee is valid till 30 days of order placement, provided that all other terms are applied. Money Back Guarantee is valid only if you have not requested revisions for any design sample/concept within your order. Once you request a revision/change in the provided design sample/concepts, you agree to proceed further with our services and cannot claim any refunds. Refunds will be processed within 30 days.
Disclaimers; Indemnification; Limitations of Liability
(a) Responsibility for Content. Web Ninja LLC shall not be responsible for any use of the Web Site or Service. We make no guarantees regarding the accuracy, reliability, or legality of content submitted or created. You are responsible for securing rights to any images, logos, or materials used.
- If the customer closes the project themselves without completing it with Web Ninja LLC, a cancellation fee of 50% of the project cost will apply.
- If a client does not respond for several weeks, 20% of the project cost may be charged.
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