Terms and Conditions

Acceptance, Payment Obligations, Renewals and Cancellations

Acceptance: It is not necessary for any client to have signed an acceptance of these terms and
conditions in order for them to apply. Payment of an advance fee or payment online is an
acceptance of our Terms and Conditions. These Terms and Conditions are always available on
our website www.westboundmediaco.com for review.
Website Development Payment Obligations: A 50% down payment is required to begin
website development, unless special arrangements between salesperson and client
apply. The remaining balance of the project will be paid off in installments, unless special
arrangements between salesperson and client apply. There are no refunds once client
has given form of payment. By giving Westbound Media Co., LLC form of payment, client
consents authorization to debit bank account or credit card account for digital marketing
services and is responsible for full payment.
Fees: The fees for the Services and any additional products or services provided hereunder
shall be specified in the Design & Development Agreement or Order Form (the “Fees”). Unless
otherwise specified in the Order Form, the Fees will be charged on a monthly basis and shall
be due in the month following the month such Fees were incurred. Any additional charges,
including set-up, implementation, and other one-time Fees, shall be due on the date that
Customer signs the Order Form. All Fees due under this Agreement and in the Order Form are
in United States Dollar.
Company reserves the right to modify the Fees at any time upon notice (provided that prior
notice will not be required if pricing increases are due to domestic rate changes or other
events beyond Company’s control), and such changes or modifications may be provided by an
email message to Customer, or in such other form of communication as may be designated by
Company from time to time.
Customer agrees to provide Company with a valid credit card number or checking account
number, unless otherwise designated in the relevant Order Form, to which Company will
automatically charge all Fees as they become due. Customer is solely responsible for keeping
Customer’s contact and payment information current. Customer hereby authorizes Company
to continue billing the payment method on file, unless and until Customer cancels its
subscription to the Services.
If payment by Customer’s credit card or other payment method is denied, or Customer
otherwise fails to make any payments owing to Company, Company may, at its sole
discretion, suspend or terminate Customer’s access to the Services and/or terminate this
Agreement. Interest charges of 1% per month (or the highest rate permitted by law if lower
than 1% per month) calculated daily and compounded monthly will apply to any unpaid
balance which is more than thirty (30) days overdue. Customer shall reimburse Company for
all reasonable costs incurred by Company in collecting any late payments or interest,
including attorney’s fees, court costs, and collection agency fees.
Company reserves the right to impose a reconnection fee in the event Customer requests to
resume access to the Services after a previous termination of access.
ALL FEES ASSOCIATED WITH THE SERVICES ARE NON-REFUNDABLE.
License Grant and Restrictions: The license granted under this Agreement does not permit
Customer to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent,
lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse
assemble, decipher or otherwise distribute in any way the Services other than as specifically
permitted in this Agreement Except as expressly permitted in this Agreement. Except as
expressly permitted in this Agreement, Customer is prohibited from (a) selling, assigning,
sublicensing, granting a security interest in, or otherwise attempting to transfer any right in
the Services; (b) creating derivative works based on; (c) commercially exploiting the Services
in any manner, in whole or in part; and (d) reverse engineering the Services in order to (i) build
a competing product or service, (ii) build a product using similar ideas, features, functions or
graphics as the Services, or (iii) copy any ideas, features, functions, or graphics of the Services.
This Agreement is not a sale and does not convey to Customer any rights of ownership in or
related to the Services. All rights not expressly granted to Customer hereunder are reserved
by Company.
Representation: Customer agrees to permit Westbound Media Co. to display footer credits pertaining
to website to design, or other services rendered, linking back to www.westboundmediaco.com. Footer
credits are designated solely for the use of Westbound Media Co. unless explicitly agreed upon prior to
project launch.
Third-Party Services and Websites: The Services may include third-party software, services,
and websites (collectively, “Third-Party Sites and Services”), which may require Customer to
enter into separate subscription or licensing agreements with certain third-party providers.
Customer acknowledges and agrees, upon request, to execute and comply with any
agreements that may be required for the use of such Third-Party Sites and Services.
The Services may require Customer to provide access to or login information for Third-Party
Sites and Services. By providing access to and/or login information for Third-Party Sites and
Services, Customer acknowledges and agrees that Customer (a) has read all licenses and
written agreements governing such access and/or login information; and (b) has all the
necessary contractual and legal rights to provide such access and/or login information.
ThirdParty Sites and Services may be subject to the applicable third-party provider’s terms of
service and other policies, and Customer is solely responsible for reviewing and complying
with any such terms of service and/or policies.
Company will not be responsible for any loss or damage incurred as a result of Customer’s
use of Third-Party Sites and Services, regardless of whether Customer was directed by
Company to such third-party software and services. References made by Company to
ThirdParty Sites and Services shall not be construed as Company’s approval or endorsement of
such Third-Party Sites and Service.
Confidentiality: Unless expressly authorized in writing by the other party, neither party shall
disclose to any third party any Confidential Information of the other Party, nor use such
Confidential Information in any manner other than to perform its obligations under this
Agreement. “Confidential Information” means any non-public information and/or materials
provided by a party under this Agreement to the other party and reasonably understood to be
confidential.
Copyright: The client retains the copyright to data, files and graphic logos provided by the
client, and grants Westbound Media Co. the rights to publish and use such material. The client must
obtain permission and rights to use any information or files that are copyrighted by a third
party. If client leaves Westbound Media Co., Westbound Media Co. retains rights to all data, files and graphic logos
provided.
Domain Purchases/Renewals: Westbound Media Co. may purchase domain names on behalf of the
client, in which case they will be renewed on an annual basis and the client will be invoiced by
Westbound Media Co., LLC.
Web Browsers: Westbound Media Co. makes every effort to ensure websites designed are designed
to be viewed by the majority of visitors. Client agrees that Westbound Media Co. cannot guarantee
correct functionality with all browser software across different operating systems.
Additional Terms for Specific Services
Trial Services: If Customer registers for a trial use of the Services (a “Trial Period”), Customer
must decide to purchase the Services within the Trial Period in order to retain any content that
Customer has posted or uploaded during the Trial Period. If Customer does not purchase the
Services by the end of the Trial Period, any applicable content will no longer be available and
Customer cannot access or retrieve any of the data added or created during the Trial Period.
<strong>Print Product</strong>: Customer acknowledges and agrees: (a) that Customer is solely responsible for
the accuracy, quality, integrity, legality, reliability, appropriateness, and right to the use any
content submitted in connection with the Print Product; and (b) in the event that Customer
submitted incorrect content, Customer shall pay any associated correction fees
Website cancellation/Termination: Termination of services by the client must be requested in a
written notice 30 days prior to bill date. Cancellation notices may be emailed to
lane@westboundmediaco.com. If Customer cancels, there are 30 days to request data. After 30 days, we
will no longer keep clients data backed up.
Written or Verbal Contract will automatically renew at the end of each term for a further term
unless customer provides written notice of termination at least 30 days prior to the end of the
relevant term.
Hosted Websites: If the Services include domain registration, Customer agrees to the terms
of Company’s Domain Name Service Agreement, which is hereby incorporated by this
reference.
Customer acknowledges and agrees that Company has the right to place disclaimers, the
Company name, logo, and hyperlink in the footer of the Hosted Site. Customer further
acknowledges and agrees to grant Company with access to Customer’s domain registrar in
order for Company to update Domain Name System records. Customer’s failure to provide
such access may prevent or delay Customer’s website from becoming operational. Company
will not be responsible for any loss or damage incurred as a result of Customer’s failure to
provide such access.