These User Terms and Conditions (“Agreement”) govern your use of the services offered by Winsple LLC, including any software or products provided as part of those services (collectively, the “Services”). This Agreement constitutes a legal agreement between you (the “User”) and Winsple LLC (the “Company”). By accessing or using any part of the Services, you agree to be bound by this Agreement.
The Company agrees to provide the User with web design and development services, as described in the agreed-upon project scope and terms. The Company will use commercially reasonable efforts to provide the Services in a professional and workmanlike manner, consistent with industry standards.
Fees and Payment Terms
The fees for the Services will be set forth in the project scope and terms. Unless otherwise agreed to in writing, all fees must be paid in full before work can commence. The Company reserves the right to suspend or terminate the Services if any payment is overdue.
The Company will retain ownership of all intellectual property rights in any designs, code, or other deliverables created or developed by the Company in connection with the Services. Upon receipt of full payment, the Company grants the User a non-exclusive, non-transferable, limited license to use such intellectual property solely for the User’s internal business purposes.
The Company will keep confidential all information provided by the User, including any personal data or sensitive business information. The Company may use such information only as necessary to provide the Services and will not disclose such information to any third party without the User’s prior written consent.
Representations and Warranties
The User represents and warrants that all information provided to the Company is true, accurate, and complete, and that the User has all necessary rights and permissions to use such information in connection with the Services. The User acknowledges that the Company has no control over the content or functionality of any third-party websites or applications that may be used in connection with the Services.
Limitation of Liability
The Company will not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with the Services, whether or not the Company has been advised of the possibility of such damages. The User agrees that the Company’s liability for any claim arising out of or in connection with the Services will be limited to the amount paid by the User for such Services.
Either party may terminate this Agreement at any time, for any reason or no reason, by giving written notice to the other party as per the agreed timeline in the service agreement signed while onboarding.
Governing Law and Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of the state or province in which the Company is located, without giving effect to any principles of conflicts of law. Any dispute arising out of or in connection with this Agreement will be resolved exclusively by the courts of such state or province.
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or representations, whether written or oral, relating to the subject matter of this Agreement. Any amendments to this Agreement must be in writing and signed by both parties.
By using the Services, the User acknowledges that they have read and understand this Agreement, and agree to be bound by its terms and conditions. If the User does not agree to these terms and conditions, they should not use the Services.