Legals

WIDENET CONSULTING TERMS AND CONDITIONS

EFFECTIVE JANUARY 1, 2018

Please read the Terms and Conditions in their entirety. This agreement documents the legally binding terms and conditions associated with WideNet Consulting, LLC. and their services. These terms and conditions govern all preceding events and communications. You are hereby agreeing to these Terms and Conditions in full. If you object with any of the Terms and Conditions described below, do not continue.

Payment Terms

Before WideNet Consulting, LLC begins work, a non-refundable deposit fee is required. It will be secured and offset against your final invoice upon project completion. All payments shall be made in United States dollars. WideNet Consulting, LLC will invoice you according to the following schedule:

  • 50% of the initial project total before the project begins
  • 20% of initial project cost total will be due upon completion and approval of the Design Phase
  • 20% upon delivery of Beta
  • 10% upon Go Live

The payments listed above are due upon receipt, and must be received before WideNet can proceed to the next phase of your project. If you are thirty (30) days past due, the project will be suspended until all past payments are made and service bandwidth (availability) becomes available again. Late payments are considered a breach of contract and are subject to termination.

Warranties

WideNet Consulting, LLC. services are provided without any warranties, express or implied. Any warranty implied by statute or law is excluded to the maximum extent permitted.

Responsibilities Of The Client

In order for WideNet Consulting, LLC. to provide its services effectively the client shall be solely responsible for the following:

  • Providing and/or approving relevant and appropriate copy
  • Providing all necessary sales and marketing information applicable to the project including, but not limited to images, logos, files, etc.
  • Cooperate in a timely manner with respect to the efforts made by WideNet
  • Consulting, LLC. including, but not limited to:
    • Requesting additional necessary information

    • Scheduling follow up meetings

    • Returning documents sent for approval

Confidentiality

Both parties, WideNet Consulting, LLC. and the client, assumes the responsibility of complete confidentiality at all times. They will not disclose, or permit the disclosure of, any confidential information including, but not limited to, marketing, sales, techniques, ideas, information, or data to a third party without prior written consent, excluding information in the public domain.

Liability

WideNet Consulting, LLC. will provide its services to you in a professional and workmanlike manner. Under no circumstances is WideNet Consulting, LLC. or its employees, officers, directors, or affiliates liable for any losses due to delay in service deliverables, where the delay is because of unforeseen, natural, or ungovernable causes. WideNet Consulting, LLC. will not be liable to you for indirect, consequential, exemplary, punitive, or special liability under the law of contract, torts, or otherwise. Losses include, but are not limited to, loss of revenue, profits, reputations, etc. If you are advised on potential losses the limitations of liability still apply.

Severability

If any provisions are deemed by a court or other competent authority invalid, unlawful, or for any other reason unenforceable under applicable law, it shall be deemed severable and will not impact or affect the validity or enforceability for the remaining provisions. Any invalid, unlawful, or unenforceable provisions will be deemed as such and deleted, the rest of the provisions will continue to remain in effect.

Governing Law and Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with Alabama Laws. Any disputes between the client and WideNet Consulting, LLC. will be subject to the non-exclusive jurisdiction of the state and federal courts located in Anniston, Alabama for the resolution of any aforementioned disputes.

Entire Agreement

These Terms and Conditions, along with any other legal notices or disclaimers posted, constitute the entire agreement between you and WideNet Consulting, LLC.. The most current version supersedes all previous agreements. WideNet Consulting, LLC. reserves the right to modify or update these Terms and Conditions at any time they see fit. Accepting this agreement constitutes your formal acceptance of all updated Terms and Conditions and it is up to you to monitor and check for updates. Should you change your mind and object to any of the provisions we ask that you contact your representative and discontinue use immediately.

CONTACT US

If you have any questions or concerns regarding this our Terms and Conditions, please contact us using the information below.

WideNet Consulting, LLC

1026 Noble Street

Anniston, AL 36201

800-517-4084

support@widenetconsulting.com www.widenetconsulting.com

WIDENET CONSULTING SERVICE LEVEL AGREEMENT

EFFECTIVE JANUARY 1, 2018

Introduction

This Service Level Agreement defines the services of this agency for {Insert Client Name}. We strive for 100% transparency when communicating with our clients as we believe this is a vital step for mutual success. We have developed this agreement to outline everything you have the right to expect from our agency and staff during the course of the project. This SLA agreement in conjunction with our other agreements and contracts should provide clarity on all of our policies and procedures.

Definitions and Abbreviations

“Costs” means all costs, direct and indirect, incurred by the agency while performing services.

SLA stands for Service Level Agreement.

Costs

  1. Estimations – We are able to provide clients with initial estimates for project costs. The end total may vary from the initial estimate due to scope change, unforeseen circumstances, changes of schedule, etc. Any additional costs will be approved by both primary stakeholders, billed as a separate invoice, and will follow the payment terms listed below.
  2. Payments

    Payment Schedule:

    • 50% of initial project invoice total must be paid before any work commences on your project.
    • 20% of initial project cost total will be due upon completion and approval of the Design Phase
    • 20% upon delivery of Beta
    • 10% upon Go Live

The payments listed above are due upon receipt, and must be received before WideNet can proceed to the next phase of your project. If you are thirty (30) days past due, the project will be suspended until all past payments are made and service bandwidth (availability) becomes available again. Late payments are considered a breach of contract and are subject to termination.

Communications

All important communications, including confidential information, are to be sent to support@widenetconsulting.com. Controlling and monitoring communications helps us ensure that no details slip through the cracks.

Timeline

Each project has an estimated timeline. We do our best to adhere to it but it is subject to change due to response times, edits, change orders, and other unforeseen delays. If you have a tight deadline, arrangements can be made by contacting your project manager, but may require a change order.

Pausing Campaigns

If a client is unresponsive for a two week (14 day) period of time, we reserve the right to pause the campaign. If a campaign is paused and the client decides to come back on, the project will only resume work when service bandwidth opens back up.

Hosting

Our agency strives for 99.9% uptime while hosting your website as long as all terms and conditions are met. Please refer to the Hosting Agreement for further details.

Change Orders

Upon accepting the Project Scope, should the client desire to add additional services or make changes to the existing project scope, the client must submit a signed change order request to the project manager for review. Not all change orders will be approved. Work will not commence until change orders have been authorized and project scope has been formally revised. No refunds will be issued for work done according to change orders.

  1. Edits –The agreed upon project scope includes one original design concept with no more than three (3) design edit sessions. Added functionality or additional site features are not included unless specified in the project scope. Edits will be applied if they are in line with the project scope, additional design or development will require a change order and will be charged accordingly.

Privacy

All communications and content exchanged during the course of this project will be subject to our Privacy Policy Agreement.

Refunds

Should you decide to discontinue this project you will be charged for the number of billable hours already dedicated to the project. Our staff puts considerable amounts of time and effort into every project, so we cannot refund you for work already done. You will not be eligible for a refund if you, the client, abandons the project for 2 or more weeks.

Approval

All work is subject to the SLA. Work cannot begin until the SLA and all legal agreements are approved and signed. Amendments may occur as necessary upon mutual agreement from both primary stakeholders.

Cancellation of Services

WideNet requires that any client that wishes to cancel their ongoing monthly services provide 30 days written notice by emailing support@widenetconsulting.com.

WIDENET CONSULTING REFUND POLICY

EFFECTIVE JANUARY 1, 2018

At WideNet Consulting, LLC, it is our mission to satisfy you, the client, and we go above and beyond to deliver. However, if you are unsatisfied with the project, or if your circumstances change, we have established a cancellation and refund policy.

Should you decide to discontinue our services, we will deduct the amount of billable hours already used on your project. Our staff puts considerable amounts of time and effort into every project, so we cannot refund you for work already done.

You will not be eligible for a refund if you, the client, abandons the project for 2 or more weeks.

Cancellation of monthly recurring plans require thirty (30) days written notice, and are not eligible for refunds. This policy is subject to change at our discretion.

WIDENET CONSULTING PRIVACY POLICY

EFFECTIVE JANUARY 1, 2018

WideNet Consulting respects the privacy of every individual who visits www.widenetconsulting.com (“Website”) and/or purchases its Services. This Privacy Policy is our commitment to transparency in communicating how WideNet collects, uses, and discloses the information that is collected from you, the visitor of its website and/or customer as well as the choices you have with respect to the information.

SCOPE OF POLICY

This Privacy Policy applies to how we collect, use, and disclose information from the following individuals:

  • Event/Marketing Participants – individuals who provide their information to WideNet Consulting when they register for WideNet Consulting webinars, subscribe to marketing material, participate in surveys or contests, or attend other WideNet Consulting events.
  • Website Visitors – individuals who visit WideNet Consulting’s Website and opt to provide contact information including an email address to receive communications from WideNet For purposes of this Privacy Policy, a Website Visitor does not include an individual who visits a website developed by WideNet Consulting but owned and operated by a WideNet Consulting customer.

This Privacy Policy does not apply to a Customer’s website. Our Customers are responsible for the information they or their end users store in our hosting environment as well as compliance with applicable laws and regulations, and WideNet Consulting’s terms related to the collection and storage of personal information.

INFORMATION WE COLLECT:

Customers

WideNet Consulting asks for your account information which includes your name, business name, email address, physical address, phone number, credit card and bank account information (stored directly with a third party processor), and website domain. By voluntarily providing WideNet Consulting with your account information, you represent that you own and consent to our use of such personal data.

Event/Marketing Participants

WideNet Consulting may ask for your name, email address, physical address, and phone number. Participation in events, surveys, contents, or subscribing to marketing material is voluntary and you may choose whether or not to participate and therefore disclose this personal data.

Website Visitors

At your option, WideNet Consulting asks and may collect your name, email address, physical address, and phone number. In addition, we also collect information such as web server logs, internet protocol (IP) addresses, browser type, or other information as part of aggregated data.

COOKIES AND OTHER TRACKING TECHNOLOGIES

WideNet Consulting uses cookies, beacons, tags, and other tracking technologies to gather demographic information about you, identify your visits to our Website, other interactions with our Website, and personalize your search experience on our Website. We gather information such as internet protocol (IP) addresses, internet service provider (ISP), operating system, browser type, date/time stamp, and store it in log files. To collect this information, a cookie, a standard feature of a website that allows us to store a small amount of data on your computer to allow our web servers to recognize you may be set on your computer or device when you visit our Website. We may track your use across different websites and services. In some countries, including those in the European Economic Area (“EEA”), the information in this paragraph may be considered personal information under applicable data protection laws.

You can control how websites use cookies by changing your cookie settings (www.aboutcookies.org), but your modification may limit your use and functionality of some of the features on our Website. We may also use cookies and other tracking technologies to provide you advertising based on your browsing activities. You may opt out of targeted advertisements by visiting http://optout.networkadvertising.org, or if located in the EEA, you may opt out by visiting http://www.youronlinechoices.eu/.

HOW WE USE YOUR INFORMATION:

WideNet Consulting uses the information it collects about you in the following ways:

  • To respond to any requests from you regarding sales and support.
  • To contact you regarding any agreements or accepted terms that you may have with WideNet Consulting for their Services.
  • To provide you with marketing emails, special offers, advertising campaigns, or newsletters.
  • To contact you regarding functionality changes to our Services or Website. To develop new features and functionality to our Services and Website.
  • To collect payment and bill for our Services. To help personalize searches.
  • To diagnose problems. To find and prevent fraud.
  • To register your domain and IP address through ARIN (American Registry for Internet Numbers).
  • To carry out other purposes as disclosed to you through the Website, or found in terms or an agreement between you and WideNet Consulting.
  • Process for other purposes for which we obtain your consent.


HOW WE SHARE INFORMATION:

WideNet Consulting shares the information it collects about you in the following ways:

  • Third Party Providers – WideNet Consulting may share your information with third party providers that provide services on our behalf. These companies may assist with marketing support, processing credit card payments, content delivery, email, providing sales leads, and customer support. Third party providers may only process personal information pursuant to WideNet Consulting’s instructions, and in compliance with the Privacy Policy and other applicable regulations (e.g. EU-US Privacy Shield framework).
  • Advertising – Based on the cookies and other tracking devices, we may work with advertising companies to display ads that may be of interest to you.
  • Business Transactions – To provide information to a third party in the event of any disposition of all or any portion of our business (e.g. reorganization, sale, assignment, bankruptcy).
  • Aggregated or De-identified Data – We may disclose or use aggregated or
  • de-identified information with third party providers for research purposes relating to our Services.
  • As Required by Law or Similar Investigations – To comply with legal obligations (e.g. subpoena) or investigate potential legal violations. WideNet Consulting may be required to share personal data in response to lawful requests from public authorities including to meet national security and/or law enforcement requirements.
  • Safety – We may disclose your information to protect and defend the safety of WideNet Consulting in connection with investigating and preventing fraud or security issues.
  • Consent – WideNet Consulting may share your information with your consent.


YOUR CHOICES:

You may unsubscribe from receiving promotional or marketing emails from WideNet Consulting at any time by using the “unsubscribe” link in the email received, or by emailing us at support@widenetconsulting.com. As outlined in the Section, Cookies and other Tracking Technologies, you can also control your cookie settings.

With respect to your account information, you may update, correct or delete information that you provided to us by contacting us at support@widenetconsulting.com.

LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION:

For individuals in the EEA, WideNet Consulting’s legal basis for collecting and using your personal information will depend on the personal information collected and the specific context in which we collect it. WideNet Consulting will process personal information from you where, a) we have your consent to do so, b) where processing is necessary for WideNet Consulting to perform Services pursuant to an agreement, or c) where processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information, or may otherwise need the personal information to protect your vital interests or those of another person. At any time, you have the right to withdraw or decline consent. If you do not provide the requested information, WideNet Consulting will not be able to perform Services for you. Also, you have the right to object where we rely on our legitimate interests to process your personal information.

INTERNATIONAL TRANSFERS

WideNet Consulting is a US company and stores your information in its data centers in the United States or, in limited cases, in the Netherlands. WideNet Consulting may transfer your personal information to countries other than the country in which you live.

Whenever WideNet Consulting transfers personal information originating from the EEA or Switzerland to other countries not deemed adequate under applicable data protection law, it will do so on the basis of the Privacy Shield Frameworks or EU Standard Contractual Clauses.

DATA SUBJECT RIGHTS

Individuals located in the EEA may have additional statutory rights available to them with respect to their personal information, including the right to access your personal information, have it erased, have it corrected, or object to or restrict processing. If you would like to make such a request, please email support@widenetconsulting.com and we will respond within thirty (30) days. WideNet Consulting will need to verify that the individual is inquiring about his/her own information before we can assist with the request.

We will comply with such requests to the extent legally required by applicable law or the EU-US or Swiss-US Privacy Shield. For EU individuals, you also have the right to lodge a complaint with the supervisory authority.

CHILDREN

Our Website and/or Services is not directed at children and our services are designed for businesses. We do not knowingly collect information from or about children under 13 years of age, and use of our services by children under 13 years of age is forbidden.

CHANGES TO PRIVACY POLICY

WideNet Consulting reserves the right to modify this Privacy Policy at any time, however, should we change the Privacy Policy in a material way, a notice will be posted on our website along with the updated Privacy Policy. If you disagree with the changes, you may terminate your Services.

CONTACT US

If you have any questions or concerns regarding this our Terms and Conditions, please contact us using the information below.

WideNet Consulting, LLC

1026 Noble Street

Anniston, AL 36201

800-517-4084

support@widenetconsulting.com

www.widenetconsulting.com