Golden Web Media Terms and Conditions
Last updated: August 15, 2017
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
Welcome to Golden Web Media, (“Golden Web Media”, “Website,” “Site,” “we” or “us”). The following terms and conditions (the “Terms”), govern the services offered on or through the Website. Golden Web Media provides social media management services (“SM services”) as well as web site design services for businesses of varying sizes (“WD services”) (SM Services and WD services, collectively, the “Services”).
Your Service Agreement (the “Service Agreement”) sets forth which services are being purchased, the Client purchasing the services (the “Client”, “you” or “your” and together with Golden Web Media the “Parties” or each individually a “Party”), the costs for such services and other relevant details. These Terms are incorporated by reference into and made part of any Service Agreement submitted to us and govern the relationship between you and us.
These Terms form a legally binding agreement between you and Golden Web Media in relation to the Services. By clicking the acceptance button or accessing or using this site or Services, you agree to be bound by the Terms and all applicable law. If you do not agree to be bound by these Terms and applicable law each time you use this site or you do not have the authority to agree to or accept these Terms, you may not use the site.
We may revise the Terms at any time and you should visit this page periodically to review the Terms. We reserve the right to update or modify these terms at any time without prior notice. Your use of the site and Services following any such change constitutes your agreement to follow and be bound by the Terms as changed.
- Social Media Management Services. We will post content on your social media platform(s) as well as interact with your followers. The goal of our posts including comments, likes and shares, will be to engage your followers on a consistent basis and create more visibility and loyalty to your brand. We use social media to connect with other related and complementary businesses, organizations and communities, creating even more visibility. Included in the SM Service are regular postings on applicable social media platforms; branding and design of all platforms, regular monitoring and communication on platforms to engage with followers/friends and respond to comments, messages, posts and spam. Your Service Agreement will outline your specific plan, including the monthly recurring price.
- Website Design Services. WD Service includes a website built specifically for your business. The content for the webpages is provided by you but we can provide content writing services for up to 500 words a page for as many webpages as outlined in your Service Agreement. Upon request, we will provide content for additional webpages not outlined in your Service Agreement at an additional cost to you.
- Payment. Once your Services Agreement has been executed, you will be responsible for payment in full of all payments via PayPal. Unless otherwise stated, you will pay all amounts due under your Services Agreement monthly, in advance. Payment for one-time services will be due in full on the effective date as provided by your Service Agreement. For recurring payments, the initial payment will be taken on the effective date as provided by your Service Agreement, and you will be billed for subsequent payments as outlined in your Service Agreement. For monthly recurring Services, unless the Service Agreement states otherwise, you will be billed on the same numerical day of each month as the effective date.
- Term. The Service Agreement shall begin on the effective date as provided in your Service Agreement, and will remain in effect for one (1) year (“Initial Term”), unless terminated as provided below or unless otherwise stated in your Service Agreement. After the Initial Term, your Service Agreement will automatically renew for one (1) year unless you provide written notice 30 days prior to the end of the Initial Term that you do not wish to renew. If we do not receive timely, written notice of your intention not to renew, your Service Agreement will be renewed for one (1) year and you will be subject to an early cancellation fee as outlined in section 13 if you wish to cancel your Service Agreement.
- Items Not Covered under Social Media Management and Website Design Services.
- IT and Technical Support. We are unable to advise you on any matter relating to your computer, web browsers, web hosting or your specific e-mail setup.
- Website Design Changes outside the scope of the Services Agreement. While minor changes and revisions are acceptable, major website design changes may require additional charges. Major website design changes are identified as anything outside the scope of work as outlined in your Services Agreement that would require additional time and expense.
- Guaranteed returns on investment/income. We cannot be held responsible for the targets you set in relation to financial forecasts and the ability for your website to produce this income to be generated by your website.
- Advertisements. Advertisements are not included in any of the Services. Unless otherwise stated in your Service Agreement, we will not create, develop or post advertisements on your behalf.
- Ownership of Digital Media. Digital Media includes, without limitation, social media accounts, profiles, pages, comments, tweets, blogs, blog posts, posts, websites, designs, graphics, logo and logo designs, images, photographs and videos created by Golden Web Media pursuant to your Service Agreement (“Deliverables”). Upon receipt of timely, full and unconditional payment from Client, Client shall own all rights, title and interest in and to the Deliverables unless otherwise stated in the Service Agreement. Golden Web Media will retain a non-exclusive, non-revocable license in the completed Deliverables and reserves the right to use the Deliverables for advertising, publication, promotion, display or other purposes.
- Ownership of Website Design. Notwithstanding section 6, Golden Web Media retains all copyrights in all non-custom website designs delivered under the Service Agreement in accordance with Section 2. Upon valid cancellation of your Service Agreement in accordance with Section 11, and so long as timely, full, unconditional payment has been received by Golden Web Media for any amounts owed by Client under the Service Agreement, Client will be granted a perpetual, royalty free, revocable, non-transferable license to use, copy and publish any website design and related Digital Media Deliverables delivered to Client under this Agreement. Golden Web Media reserves the right to revoke this license only in the event that either (1) Client does not fulfil the Initial Term and/or pay the early cancellation fee or (2) Client initiates a payment dispute for any past payment.
- Work Product Ownership. Any copyrightable works, ideas, discoveries, inventions, patents, products or other information (collectively, “Work Product”) developed in whole or in part by Golden Web Media during the term of your Service Agreement, but excluding the Digital Media Deliverables shall be the exclusive property of Golden Web Media.
- Proprietary rights. You acknowledge and agree that Golden Web Media (or its licensors) owns all legal right, title and interest in and to the Services and the Site, including any intellectual property rights which subsists in the Services or the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). As between you and Golden Web Media, we are the owner and/or authorized user of any trademark and/or service mark appearing on the Site and are the copyright owner or licensee of the content and or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Nothing herein gives you a right to use any of Golden Web Media’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features.
- Intellectual Property. During the term as provided in your Services Agreement, you hereby grant to Global Web Media a non-exclusive, royalty-free worldwide license to use, copy, backup, modify, display, broadcast and transmit any of your content, including but not limited to your website, text, images, logos, trademarks, service marks, promotional materials, photos, audio, and video content relating to your existing website, as applicable, to the extent necessary and for the sole purpose of allowing Global Web Media to perform the Services. This license will terminate upon termination of the Service Agreement notwithstanding section 6.
- Submitted content. Any information or material that you submit or send to Golden Web Media or otherwise make available (“Submitted Content”) will be deemed not to be confidential or secret. You represent and warrant that: (i) you own all Submitted Content or have the right to grant the license as set forth in section 6, (ii) Submitted Content is original to you and no other party has rights to the material (iii) the use of your Submitted Content for Golden Web Media Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person and or entity, and (iv) the use of your Submitted Content for the Services does not result in a breach of contract between you and a third party. You agree to indemnify and pay for all royalties, fees, and any other monies owing any person by reason of Submitted Content you provided for Golden Web Media Services.
- Termination. If you wish to cancel the Services without completing the Initial Term you may do so only by providing both written notification of cancellation and an early cancellation fee of $3,250. The early cancellation fee payment is in addition to your monthly payments to date and may not be paid with credits on file or any prior payment. The early cancellation fee must be provided within five (5) business days from our receipt of your written notice of early cancellation. No early cancellation of a Service Agreement will take effect until the early cancellation dee has been paid, and you will continue to be billed monthly until we receive both proper written notice of cancellation and the early cancellation fee, as applicable.
We may cancel your Service Agreement at any time for any reason, and in our sole discretion, by providing written notice of cancellation to you. Cancellation will take effect at the end of the then current billing period. Written notice may be provided to you via email. If we terminate your Services Agreement, we will reimburse you for any unused funds within 30 business days from the effective cancellation date.
- Choice of Law. This agreement and its interpretation, and all controversies arising hereunder, shall be governed by the applicable statutory and common law of the state of New Jersey without giving effect to conflict of laws principles.
- Entire Agreement. These Terms together with the applicable Service Agreement constitute the entire agreement between the Parties. All prior agreements, discussions, representations, warranties and covenants are merged herein. Any amendments or modifications of this agreement shall be in writing and executed by the Parties.
- DISCLAIMER OF WARRANTIES. GOLDEN WEB MEDIA PROVIDES ALL SERVICES ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND, AND MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE SERVICES. THE SERVICES ARE PROVIDED WITHOUT ANY GUARANTEE OF CONTINUOUS OR UNINTERRUPTED AVAILABILITY. IF THE SERVICES ARE INTERRUPTED OR DELAYED, GOLDEN WEB MEDIA’S SOLE OBLIGATION WILL BE TO RESTORE OR PROVIDE SUCH SERVICES AS SOON AS PRACTICABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOLDEN WEB MEDIA DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, GOLDEN WEB MEDIA MAKES NO GUARANTEES WITH RESPECT TO THE PERFORMANCE OF ANY PRODUCT OR SERVICE.
- LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOLDEN WEB MEDIA SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO GOLDEN WEB MEDIA FOR THE SERVICES SOLD HEREUNDER. WITHOUT LIMITING THE FOREGOING, GOLDEN WEB MEDIA IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO ANY CONTENT, OMISSIONS, OR ERRONEOUS DATA APPEARING IN CLIENT’S WEBSITE, BLOGS OR ON SOCIAL MEDIA OR ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF CLIENT DATA. WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE IN CONJUNCTION WITH THESE SERVICES.
YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SERVICES TO YOU.
- DIGITAL MILLENNIUM COPYRIGHT ACT. We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Counsel named below with the subject line “Alleged Infringement”:
- Your address, telephone number, and e-mail address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Counsel Contact Information: c/o Intellectual Property Department, Ronald S. Bienstock, Esq., Scarinci Hollenbeck, LLC, 1100 Valley Brook Avenue, P.O. Box 790, Lyndhurst, NJ 07071-0790
- Waiver. The failure by either Party to require performance of any provision shall not constitute a waiver nor affect that Party’s right to require performance at any time thereafter.
- Electronic Signatures. Each party agrees that electronic signatures have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record.
- Severability. If any provision of these Terms is held invalid, illegal or unenforceable by any court of competent jurisdiction, (a) such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and (b) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect.
- Notices. All notices required by one party hereunder shall be provided in writing to the other Party at the mailing address or email address provided to the other Party from time to time in writing.
If you have any questions regarding these Terms, please contact using the “Contact Us”
feature of the Site.