New Eve Inc. Terms of Service

 

1. Terms

 

By accessing the website at http://neweve.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

 

2. Use License

 

  • Permission is granted to temporarily download one copy of the materials (information or software) on New Eve Inc.’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
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    • modify or copy the materials;
    • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    • attempt to decompile or reverse engineer any software contained on New Eve Inc.’s website;
    • remove any copyright or other proprietary notations from the materials; or
    • transfer the materials to another person or “mirror” the materials on any other server.

     

  • This license shall automatically terminate if you violate any of these restrictions and may be terminated by New Eve Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
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    3. Disclaimer

    1. The materials on New Eve Inc.’s website are provided on an ‘as is’ basis. New Eve Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

     

    1. Further, New Eve Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

     

    4. Limitations

    In no event shall New Eve Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on New Eve Inc.’s website, even if New Eve Inc. or a New Eve Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

     

    5. Accuracy of materials

    The materials appearing on New Eve Inc.’s website could include technical, typographical, or photographic errors. New Eve Inc. does not warrant that any of the materials on its website are accurate, complete or current. New Eve Inc. may make changes to the materials contained on its website at any time without notice. However New Eve Inc. does not make any commitment to update the materials.

     

    6. Links

    New Eve Inc. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by New Eve Inc. of the site. Use of any such linked website is at the user’s own risk.

     

    7. Modifications

    New Eve Inc. may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

     

    8. Governing Law

    These terms and conditions are governed by and construed in accordance with the laws of Arizona and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location. 

    TERMS & CONDITIONS

    Between New Eve (“We” or “Us”) And Customer / Client (“You” or “Your” or “You’re”)

    Summary:

    We will always do our best to fulfill your needs and meet your expectations, but it is important to have things written down so that we both know the agreed upon terms, who should do what and when, and what will happen if something goes wrong. We have no desire to trick you into an agreement that you might later regret. What we do want is what is best for both parties, now and in the future. To summarize: You (the client), are hiring us (New Eve) (“We or Us”) to perform some or all of the following for an agreed-upon sum:

    • Design and develop a website
    • Plan and create a video
    • Distribute video
    • Create written content
    • Create graphics
    • Use one of our products
    • Generally, create media
    • Create a media and/or marketing strategy

     

    What do both parties agree to?

    You: You verify that you have the authority to enter into this contract on behalf of yourself, your company or your organization. You will give us the assets and information we tell you we need to complete the project. You will do this when we ask and provide it in the formats we ask for. You will review our work, provide feedback and grant approval in a timely manner. Deadlines work two ways, so you will also be bound by dates we set together. You also agree to stick to the payment schedule outlined in the contract. 

    Us: We have the experience and ability to do everything we have agreed to with you and we will do it all in a professional and timely manner. We will endeavour to meet every deadline that is set and agreed upon; further, we will maintain the confidentiality of everything you give us.

    Legal

    We will carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we cannot guarantee that our work will be error-free and so we cannot be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you have advised us of them.Your liability to us will also be limited to the amount of fees payable under this contract and you will not be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we have advised you of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

    Intellectual property rights

    “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world. 

     

    Firstly, you guarantee that all elements of text, images or other artwork you provide are either owned by you or your organization, or that you have permission to use them. When you provide text, images, or other artwork to us, you agree to protect us from any claim by a third party that we are using their intellectual property.

     

    Secondly, we guarantee that all elements of the work we deliver to you are either owned by us or we have obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you are using their intellectual property. 

     

    Thirdly, provided you have paid for the work and that this contract has not been terminated, we will assign all intellectual property rights to you as follows: you will own the completed product. We will give you source files and finished files at your request. We will own any intellectual property rights we have developed prior to, or developed separately from this project and not paid for by you. We will own the unique combination of these elements that constitutes a complete design.

    Displaying our work

    We reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

    Payment schedule

    We are sure you understand how important it is for any business that you promptly pay the invoices that we send you. You agree to adhere to the payment schedule we provide. We issue invoices electronically. All proposals are quoted in U.S. dollar currency and foreign payments will be made at the equivalent conversion rate at the date the transfer is made.You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice. We reserve the right to charge interest on all overdue debts at the rate of 1.5%  per month or part of a month.

    Agreement

    Neither party can transfer this contract to anyone else without the other’s permission. We both agree to adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. These terms and conditions are legally binding for any party who engages with and employs New Eve. 

     

    INDEMNIFICATION AND LIABILITY            

    By Client: Client shall indemnify New Eve from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement. Designer shall promptly notify Client in writing of any third party claim or suit. Client shall have the right to fully control the defense and any settlement of such claim or suit.

                           

    By New Eve: In the case of a third party lawsuit or proceeding based on a claim that Deliverables breach the third party’s intellectual property rights, and it is determined that such infringement has occurred, Designer may at its own expense, replace any infringing content with non-infringing content.                   

    Limitation of Liability

    THE SERVICES AND THE WORK PRODUCT OF NEW EVE ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF NEW EVE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES (“NEW EVE PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF NEW EVE. IN NO EVENT SHALL NEW EVE BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY NEW EVE, EVEN IF NEW EVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

    Refund policy

    Refunds are issued at the discretion of New Eve.

    Governing Law

    These terms and conditions are governed by and construed in accordance with the laws of Arizona and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location. 

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