IN A FLASH, LLC
SERVICE CONTRACT
By placing an order for Services with the Company, you are certifying that you have read, understand, and agree to the following terms and conditions. If you have any questions about any provisions of this Service Contract (the Contract), please email them to sara@ inaflashlaser.com prior to placing your order.
Upon Client’s placement of an order for Services from the Company and in consideration of same, the Client agrees to abide by the following Service Contract without limitation or qualification. The Company reserves the right to change, modify, or alter the Contract at any time for any reason and without notice prior to Client’s placement of an order for Services. Said changes, modifications, or alterations are effective immediately, and shall be published on the Company’s website and govern any orders for Services placed after said publication. Client’s order for Services placed after any modifications or amendments to this Contract shall constitute Client’s agreement to and acceptance of said modifications or amendments.
1. Definitions.
A. Company means In A Flash, LLC, its affiliates, and any officer, director, employee, member, manager, agent, subcontractor, successor, or assign thereof or its affiliates.
B. Content means all materials and information provided by, through, or linked to the Service including, without limitation, text, images, and photos.
C. Services means all engraving and design services and all work related thereto.
D. Client means any person or entity which places an order with the Company for Services.
E. Goods means the property sent to the Company by or on behalf of the Client for Services.
F. Material means the design, trade name, graphic, picture, logo or other material requested by the Client to be engraved on the Goods.
G. Corporate Clients are currently operating, validly existing entities which provide the Company with a purchase order from said entity at the time the order is placed.
2. Client Submission of Material and Approval of Proof. After Company’s receipt of the Goods and Material from Client, and upon Client’s payment in full for the Services, on request Company provide to Client proof of the proposed Services to the email address provided by the Client. Client shall review the proof carefully and communicate any proposed changes to the Material to Company. Client understands and agrees that the proof is provided by the Company to assist Client in visualizing the Services and determining whether they would like to make changes to the size, content, or placement of the Material on the Goods and is not a guarantee that the Services may not differ somewhat from the proof. Upon Company’s receipt of Client’s acceptance of the proof, Client’s payment to the Company shall be non-refundable.
3. Payment for Services. Client’s payment for Services is due in full at the time Client submits an order for Services provided, however, that Corporate Clients may pay fifty percent (50%) of the total for the Services at the time the Corporate Client submits an order and the remaining fifty (50%) percent upon the completion of the Services.
4. Intellectual Property. Unless otherwise designated, the Company’s website and marketing materials generally, as well as its images, illustrations, graphic materials, written materials, and images are the Company’s intellectual property and are protected by copyright. Any other marks, names, or logos appearing on the Company’s website or marketing materials are the protected intellectual property of the owners of those marks, names, and logos. Any violation of these intellectual property rights including, without limitation, unauthorized replication, reproduction, or distribution of said material, is strictly prohibited.
5. Indemnification. Client represents and warrants to Company that Client has the right to use the Material and further warrants that Client’s request for Services related to the Material is not in violation or infringement of any intellectual property rights or any other laws or statutes. Client shall indemnify Company and hold Company harmless from any alleged claim or demand, including attorneys’ fees and costs, made by any party due to or arising out of the Material or the Services including, without limitation, the Client’s use of the Services, the Client’s breach of any representation or warranty, and the Client’s violation of any rights of another.
6. Manufacturer Warranties. It is Client’s sole responsibility to read and understand the warranties protecting the Goods, which may be affected or negated by the Services, prior to Client’s request of Services from the Company. Company shall in no way be responsible for any modification or nullification of warranties affecting the Goods as a result of the Services.
7. Disclaimer and Limitation of Liability.
CLIENT UNDERSTANDS THAT CLIENT’S USE OF THE SERVICES IS AT THEIR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS IS BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY CLAIM, DEMAND, OBLIGATION, LIABILITY, INDEBTEDNESS, LIEN, AGREEMENT, COVENANT, BREACH OF CONTRACT, BREACH OF DUTY OR RELATIONSHIP, BREACH OF STATUTE OR STATUTORY LIABILITY, ACT, OMISSION, MALFEASANCE, CAUSE OR CAUSES OF ACTION, DEBT, EXPENSE, SUM OF MONEY, ACCOUNT, COMPENSATION, CONTRACT, CONTROVERSY, PROMISE, JUDGMENT, DAMAGE, COST, LOSS, ATTORNEYS’ FEE, OR CLAIM FOR SANCTIONS, WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER ARISING DIRECTLY OR INDIRECTLY FROM OR IN ANY WAY RELATING TO THE SERVICES. THE COMPANY SHALL NOT BE RESPONSIBLE FOR SCRATCHES, DENTS, OR ANY OTHER DAMAGE TO THE GOODS, INCLUDING DATA LOSS, MALFUNCTIONING, OR SHIPPING LOSS OR DAMAGES.
Company may, but is under no obligation to, elect to refund a Client’s payment for Services in the event that Company determines in Company’s sole discretion, that a discrepancy or error in the Services warrants such a refund. Notwithstanding the foregoing, Company’s liability to Client, if any, shall be expressly limited to the total of the invoice for Services provided by the Company on the disputed transaction. Company shall not be liable for any other damages to Client, including, without limitation, consequential, incidental, or indirect, including, without limitation, any claim for damages related to lost revenues or profits, or damage to Goods, regardless of the type of claim, unless said damage is caused by the intentional and willful misconduct of the Company. These limitations of liability shall survive failure of an exclusive remedy. The provisions of this section shall survive any sale completed with Client and any change or elimination of this Contract.
8. Waiver. Any failure by the Company to act with respect to a breach of this Contract shall not be deemed a waiver of the Company’s right to act with respect to different or similar breaches by the same Client or any other Client.
9. Company’s Right to Decline. The Company has the right to decline any submitted order for Services at its sole discretion. The Company shall not be liable in any manner for declining to perform Services for any Client.
10. Privacy Policy. The Company collects Clients’ email addresses for purposes of communicating with clients including sending confirmation emails and proofs and collects Clients’ name, telephone number, and address for billing and shipping purposes.
The Company does not store credit card information. Credit transactions are transmitted to a financial gateway. The Company makes a good faith effort to protect the security of User’s payment information by using Secure Sockets Layer (SSL) technology. The Company collects standard web log information for each of its web pages, including IP addresses, URL, and timestamp. This information may be stored indefinitely. The Company endeavors to store information in a secure environment but does not and cannot guarantee security. The Company may disclose Client information if required to do so by law or if operating under the good faith assumption that such disclosure is necessary to respond to subpoenas, court orders and other legal requests, to enforce this Contract, or to respond to any claims of a violation of the Contract or the rights of third parties.
11. Binding Effect. The terms of this Contract are contractual and not a mere recital. The Client agrees that this Contract shall be binding upon them and their respective personal representatives or successors; that unless amended in writing and signed by the Company, this Contract contains the final agreement between the Company and the Client, and that they shall not be bound by any terms, conditions, oral statements, warranties, or representations not herein contained. The Client further states that this Contract has been carefully reviewed and that the contents and terms expressed herein are fully understood.
12. Governing Law. The terms of this Contract shall be construed and enforce in accordance with the laws of the Commonwealth of Virginia without regard to any choice of law provisions and any litigation in connection with the interpretation or enforcement of the terms of this Contract shall be maintained in a courts of competent jurisdiction in the County of Washoe, Nevada.
13. Waiver of Right to Trial by Jury. Company and Client hereby waive their right to a trial by jury in any action, proceeding, or counterclaim brought by either party against the other arising out of this Contract and/or the relationship of the parties.
14. Gender and Number. Masculine, feminine, or neuter pronouns shall be substituted for one another, and the plural shall be substituted for the singular, and vice versa, in any place or places herein in which the context may so require.
15. Assignment. This Contract may not be assigned by the Client without the prior written authorization of the Company.
16. Enforcement. In the event that the Company must employ legal counsel or bring an action at law or proceeding against the Client to enforce any of the terms, covenants, obligations, or conditions of this Contract or any amount due to Company in connection with Services provided hereunder, the Company shall be entitled to recover all costs associated with such enforcement or collection, including reasonable attorneys’ fees.
17. Severability. In the event that one or more of the provisions of this Contract shall for any reason be held to be illegal or unenforceable, this Contract shall be revised only to the extent necessary to make such provision(s) legal and enforceable.
18. Headings. Any headings and titles used in this Agreement are for convenience only and have no legal effect.