Introduction
Welcome to Tuxedo Shop Websites, a service provided by RAD Ideas, a Sole Proprietorship owned by Ryan Holck (“we,” “us,” or “our”). By using our website design services for men’s formalwear stores, you agree to comply with and be bound by the following terms and conditions.
Services Provided
We offer website design, hosting, and maintenance services specifically tailored for men’s formalwear stores. Our service grants you the right to use the website we create for your business; this is a lease agreement, not a transfer of ownership.
Payment Terms
- Payment Schedule: Payments are due on the 1st of each month.
- Late Fees: A late fee of 10% will be applied if payment is not received within 15 days of the due date.
- Payment Method: All payments must be made via credit card.
- Minimum Service Agreement: All clients must commit to a minimum service agreement of 24 months.
Refund Policy
Refunds are available for the current month of service only. We do not offer refunds for past services provided.
Account Termination
Accounts cannot be terminated before the end of the 24-month minimum service agreement. After the completion of the minimum term, either party may terminate the account with written notice.
Client Responsibilities
Clients are responsible for providing all content required for their website. Clients must also actively participate in the service throughout the minimum agreement period.
Intellectual Property
- Client Content: All content provided by the client remains the property of the client.
- Service Ownership: The design, hosting, and website services provided by Tuxedo Shop Websites remain the property of Tuxedo Shop Websites.
Limitation of Liability
Our liability is limited to the amount paid by the client for the current month of service. Under no circumstances shall we be liable for any indirect, incidental, or consequential damages arising out of or in connection with our services.
Failure to Pay
If Client fails to pay any invoice within 60 days of due date, Vendor shall have the right to withhold further work. Further, if Client fails to pay any website hosting services invoice within 90 days of due date, Vendor may disable the website for which the hosting fees apply until all such invoices are paid.
NonAssignment; Successors; Third Party Beneficiaries
Neither party will assign this Agreement, in whole or in part, without the prior written consent of the other party except in cases of merger or any person or entity acquiring all or substantially all of that party’s assets or stock. This Agreement will inure to the benefit of, and be binding upon the parties hereto, together with their respective legal representatives, successors, and assigns, as permitted herein. Nothing in this Agreement shall be deemed to create any rights in third parties or create any obligations of a party to such third parties.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of the State of California. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the state and federal courts located in California.
Arbitration
Any dispute arising under this Agreement will be subject to binding arbitration by a single Arbitrator with the American Arbitration Association (AAA), in accordance with its relevant industry rules, if any. The parties agree that this Agreement will be governed by and construed and interpreted in accordance with the laws of the State of California, without regard to the state’s conflict of law principles. The arbitration will be held in Fresno, California. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this Agreement and the enforcement of this agreement to arbitrate. Judgment on any award rendered by the arbitrator may be entered in any Court of competent jurisdiction.
Severability
If any term of this Agreement is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.
Contact Information
For any questions or concerns regarding these Terms and Conditions, please contact us at:
- Email: support@tuxedoshopwebsites.com
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
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Updates to Terms and Conditions
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your continued use of the service after any changes signifies your acceptance of the new terms.