Terms of Service
Passportal Creative Studios will provide access to certain Passportal Creative Studios products, services and/or programs (collectively, hereinafter referred to as "Services") subject to Client's acceptance of and compliance with these Terms and Conditions (hereinafter referred to as “Terms and Conditions”).
Access
For purposes of the Agreement, all web pages that are owned, operated or hosted by, or on behalf of, or for Passportal Creative Studios, are referred to herein as the "Passportal Creative Studios Web Sites." During the Term, Client is authorized to access and use the Passportal Creative Studios Services and Passportal Creative Studios Web Sites and the content therein and data obtained there from solely for internal use to manage Client's Passportal Creative Studios account(s) for which such content or data directly relates and will not disseminate any of this information to third parties. Client shall not disclose or make available passwords or access codes related to Client's Passportal Creative Studios accounts. Client agrees that Client will not use any automated means, including agents, robots, scripts, or spiders, to access or manage Client's account with Passportal Creative Studios or to monitor or copy the Passportal Creative Studios Web Sites or the content contained therein except those automated means expressly made available by Passportal Creative Studios, if any, or authorized in advance and in writing by Passportal Creative Studios.
To access the Passportal Creative Studios Services or Passportal Creative Studios Web Sites Client may be asked to provide certain registration details or other information. It is a condition of Client's use of the Services or access to the Passportal Creative Studios' web sites that all the information Client provide on this site will be correct, current, and complete. If Passportal Creative Studios believes the information Client provide is not correct, current, or complete, Passportal Creative Studios has the right to refuse Client access to any Passportal Creative Studios Web Sites or Services or any of its resources, and to terminate or suspend Client's account at any time.
Payment
IMPORTANT NOTICE: Once you (The Client) have agreed to begin a project with Passportal Creative Studios, you hereby agree to complete prompt payment when invoiced. Upon receipt of a verified PayPal invoice from Passportal Creative Sudios, you agree and are bound to pay the full amount shown on the invoice within 48 hours. Failure to do so will result in further action and will be indicated as such for services rendered to you (The Client) by Passportal Creative Studios. Passportal Creative Studios possesses the right to report past due payment to one or more of the following consumer credit bureaus: TransUnion® Equifax® Experian
Passportal Creative Studios also reserves the right to pursue alternative means of payment up to and including debt collection services and customer shall be liable for all collection costs, including without limitation, attorneys' fees. Passportal Creative Studios reserves the right to charge a service fee per account up to but not limited to $250 for non-payment or charge backs, and up to and $100 per incident for insufficient funds. Website Design & Fees to Developer (Passportal Creative Studios) are due and payable on the following schedule: A minimum deposit of 50% is required to commence work on projects totaling more than $3000 and the remainder of the total is due after first stage of site is completed. Developer reserves the right to remove web pages from viewing on the Internet until final payment is made. On all other projects, 100% of total is due in advance when total amounts to $3000 or less. Social media marketing project fees will be refunded in full only in the event Passportal Creative fails to deliver campaign results.
Passportal Creative Studios reserves the right to modify, suspend or cancel services offered (or any part thereof), at any time, without notice. Client expressly agrees that Client, or any related third party, shall not hold Passportal Creative Studios or its writers/staff liable for any losses, damages or consequences whatsoever from such modification, suspension or discontinuation of the Services.
Delays in project completion may occur when:
Indemnification
Client will indemnify and hold Passportal Creative Studios, its subsidiaries, affiliates, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions or the applicable Agreement by Client, including any use of content and third-party content developed by Passportal Creative Studios other than as expressly authorized in these Terms and Conditions. Client agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and Client agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. Client will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Client's use of the information accessed through Passportal Creative Studios Services.
Security
Any passwords used for Services provided by Passportal Creative Studios, or for access to a web site owned by Passportal Creative Studios, are for individual use only. Client will be responsible for the security of Client's password (if assigned). Passportal Creative Studios will be entitled to monitor Client's password and, at its discretion, require Client to change it. If Client uses a password that Passportal Creative Studios considers insecure, Passportal Creative Studios will be entitled to require the password to be changed and/or terminate Client's account. Client will notify Passportal Creative Studios immediately if Client believes that the security of Client's account has been compromised. Passportal Creative Studios AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES RESULTING FROM ANY SECURITY BREACHES.
Client is prohibited from using any Services provided by Passportal Creative Studios to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If Client becomes involved in any violation of system security, Passportal Creative Studios reserves the right to release Client's details to system administrators at other sites in order to assist them in resolving security incidents. Passportal Creative Studios reserves the right to investigate detected violations of these Terms and Conditions.
Passportal Creative Studios reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Passportal Creative Studios to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THIS AGREEMENT CLIENT WAIVES AND HOLD HARMLESS PASSPORTAL CREATIVE STUDIOS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PASSPORTAL CREATIVE STUDIOS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PASSPORTAL CREATIVE STUDIOS OR LAW ENFORCEMENT AUTHORITIES.
External Sites
This site or any site owned, operated, licensed, or controlled by Passportal Creative Studios may be hyper-linked to other external sites that are not maintained by, or related to, Passportal Creative Studios. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Passportal Creative Studios. Passportal Creative Studios has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at Client's own risk, and Passportal Creative Studios makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Passportal Creative Studios of that site.
Communications from Passportal Creative Studios
Client agrees to receive all communications from Passportal Creative Studios, whether via telephone, facsimile, or e-mail, and expressly agree not to consider any such communication(s) as unsolicited. Refusal to receive such communications from Passportal Creative Studios will constitute grounds for termination of the Agreement and deactivation of Client's Services.
Termination for Cause
Passportal Creative Studios and its suppliers reserve the right to immediately terminate the Agreement and deactivate Client's account, web site, access to Services, Services or access to Passportal Creative Studios' web sites if they believe, in their sole and absolute discretion, that Client has: (i) violated, or threaten to violate, the terms of the Agreement; or (ii) created, or are creating, web sites as a nuisance or in a deliberate attempt to degrade or otherwise interfere with the Services, Passportal Creative Studios brand name, trademark, copyright, or Passportal Creative Studios' web sites. Any Client or user who is terminated for cause under this section hereby agrees to forfeit any and all rights, claims and/or causes of action against Passportal Creative Studios and its suppliers, including without limitation Client's rights to any refunds or for any losses, expenses, damages or costs incurred as a result of such termination and deactivation.
Ownership and Limitations Unless clearly stated otherwise, when the work is delivered, the client is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from Passportal Creative and the Passportal Creative waives any and all moral rights therein. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered service shall be the exclusive property of the client. Passportal Creative expressly agrees to assign to the client the copyright in any delivered services that do not meet the requirements of a work-for-hire under the U.S. Copyright Act. Additionally, independent of the U.S. Copyright Act, Passportal Creative agrees that unless indicated otherwise, once the order is completed Passportal Creative assigns along with it, to the fullest extent possible under the law, all of its rights, title and interest, if any, in and to the delivered service and waives any and all moral rights in connection therewith.
Limitations of Liability
CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT PASSPORTAL CREATIVE STUDIOS AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO CLIENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PASSPORTAL CREATIVE STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT'S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Last updated: December 15, 2011
Access
For purposes of the Agreement, all web pages that are owned, operated or hosted by, or on behalf of, or for Passportal Creative Studios, are referred to herein as the "Passportal Creative Studios Web Sites." During the Term, Client is authorized to access and use the Passportal Creative Studios Services and Passportal Creative Studios Web Sites and the content therein and data obtained there from solely for internal use to manage Client's Passportal Creative Studios account(s) for which such content or data directly relates and will not disseminate any of this information to third parties. Client shall not disclose or make available passwords or access codes related to Client's Passportal Creative Studios accounts. Client agrees that Client will not use any automated means, including agents, robots, scripts, or spiders, to access or manage Client's account with Passportal Creative Studios or to monitor or copy the Passportal Creative Studios Web Sites or the content contained therein except those automated means expressly made available by Passportal Creative Studios, if any, or authorized in advance and in writing by Passportal Creative Studios.
To access the Passportal Creative Studios Services or Passportal Creative Studios Web Sites Client may be asked to provide certain registration details or other information. It is a condition of Client's use of the Services or access to the Passportal Creative Studios' web sites that all the information Client provide on this site will be correct, current, and complete. If Passportal Creative Studios believes the information Client provide is not correct, current, or complete, Passportal Creative Studios has the right to refuse Client access to any Passportal Creative Studios Web Sites or Services or any of its resources, and to terminate or suspend Client's account at any time.
Payment
IMPORTANT NOTICE: Once you (The Client) have agreed to begin a project with Passportal Creative Studios, you hereby agree to complete prompt payment when invoiced. Upon receipt of a verified PayPal invoice from Passportal Creative Sudios, you agree and are bound to pay the full amount shown on the invoice within 48 hours. Failure to do so will result in further action and will be indicated as such for services rendered to you (The Client) by Passportal Creative Studios. Passportal Creative Studios possesses the right to report past due payment to one or more of the following consumer credit bureaus: TransUnion® Equifax® Experian
Passportal Creative Studios also reserves the right to pursue alternative means of payment up to and including debt collection services and customer shall be liable for all collection costs, including without limitation, attorneys' fees. Passportal Creative Studios reserves the right to charge a service fee per account up to but not limited to $250 for non-payment or charge backs, and up to and $100 per incident for insufficient funds. Website Design & Fees to Developer (Passportal Creative Studios) are due and payable on the following schedule: A minimum deposit of 50% is required to commence work on projects totaling more than $3000 and the remainder of the total is due after first stage of site is completed. Developer reserves the right to remove web pages from viewing on the Internet until final payment is made. On all other projects, 100% of total is due in advance when total amounts to $3000 or less. Social media marketing project fees will be refunded in full only in the event Passportal Creative fails to deliver campaign results.
Passportal Creative Studios reserves the right to modify, suspend or cancel services offered (or any part thereof), at any time, without notice. Client expressly agrees that Client, or any related third party, shall not hold Passportal Creative Studios or its writers/staff liable for any losses, damages or consequences whatsoever from such modification, suspension or discontinuation of the Services.
Delays in project completion may occur when:
- There is a delay in any payments
- The client requests further work, including changes in the scope, design, structure, or content of the project
- The client purchases an additional service related to the project
- There is a delay in the receipt of any materials from the client
Indemnification
Client will indemnify and hold Passportal Creative Studios, its subsidiaries, affiliates, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions or the applicable Agreement by Client, including any use of content and third-party content developed by Passportal Creative Studios other than as expressly authorized in these Terms and Conditions. Client agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and Client agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. Client will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Client's use of the information accessed through Passportal Creative Studios Services.
Security
Any passwords used for Services provided by Passportal Creative Studios, or for access to a web site owned by Passportal Creative Studios, are for individual use only. Client will be responsible for the security of Client's password (if assigned). Passportal Creative Studios will be entitled to monitor Client's password and, at its discretion, require Client to change it. If Client uses a password that Passportal Creative Studios considers insecure, Passportal Creative Studios will be entitled to require the password to be changed and/or terminate Client's account. Client will notify Passportal Creative Studios immediately if Client believes that the security of Client's account has been compromised. Passportal Creative Studios AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES RESULTING FROM ANY SECURITY BREACHES.
Client is prohibited from using any Services provided by Passportal Creative Studios to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If Client becomes involved in any violation of system security, Passportal Creative Studios reserves the right to release Client's details to system administrators at other sites in order to assist them in resolving security incidents. Passportal Creative Studios reserves the right to investigate detected violations of these Terms and Conditions.
Passportal Creative Studios reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Passportal Creative Studios to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THIS AGREEMENT CLIENT WAIVES AND HOLD HARMLESS PASSPORTAL CREATIVE STUDIOS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PASSPORTAL CREATIVE STUDIOS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PASSPORTAL CREATIVE STUDIOS OR LAW ENFORCEMENT AUTHORITIES.
External Sites
This site or any site owned, operated, licensed, or controlled by Passportal Creative Studios may be hyper-linked to other external sites that are not maintained by, or related to, Passportal Creative Studios. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Passportal Creative Studios. Passportal Creative Studios has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at Client's own risk, and Passportal Creative Studios makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Passportal Creative Studios of that site.
Communications from Passportal Creative Studios
Client agrees to receive all communications from Passportal Creative Studios, whether via telephone, facsimile, or e-mail, and expressly agree not to consider any such communication(s) as unsolicited. Refusal to receive such communications from Passportal Creative Studios will constitute grounds for termination of the Agreement and deactivation of Client's Services.
Termination for Cause
Passportal Creative Studios and its suppliers reserve the right to immediately terminate the Agreement and deactivate Client's account, web site, access to Services, Services or access to Passportal Creative Studios' web sites if they believe, in their sole and absolute discretion, that Client has: (i) violated, or threaten to violate, the terms of the Agreement; or (ii) created, or are creating, web sites as a nuisance or in a deliberate attempt to degrade or otherwise interfere with the Services, Passportal Creative Studios brand name, trademark, copyright, or Passportal Creative Studios' web sites. Any Client or user who is terminated for cause under this section hereby agrees to forfeit any and all rights, claims and/or causes of action against Passportal Creative Studios and its suppliers, including without limitation Client's rights to any refunds or for any losses, expenses, damages or costs incurred as a result of such termination and deactivation.
Ownership and Limitations Unless clearly stated otherwise, when the work is delivered, the client is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from Passportal Creative and the Passportal Creative waives any and all moral rights therein. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered service shall be the exclusive property of the client. Passportal Creative expressly agrees to assign to the client the copyright in any delivered services that do not meet the requirements of a work-for-hire under the U.S. Copyright Act. Additionally, independent of the U.S. Copyright Act, Passportal Creative agrees that unless indicated otherwise, once the order is completed Passportal Creative assigns along with it, to the fullest extent possible under the law, all of its rights, title and interest, if any, in and to the delivered service and waives any and all moral rights in connection therewith.
Limitations of Liability
CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT PASSPORTAL CREATIVE STUDIOS AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO CLIENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PASSPORTAL CREATIVE STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT'S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Last updated: December 15, 2011
