General Terms & Conditions
GENERAL TERMS & CONDITIONS
THIS DOCUMENT SERVES AS THE TERMS AND CONDITIONS (“Agreement”) APPLICABLE TO THE PURCHASE AND SALE OF SERVICES BETWEEN YOU (“Customer”, “you” or “your”) AND NEON GOLDFISH LLC (“Neon Goldfish”, “us” “we” or “our”). YOU AGREE TO PAY FOR THE SERVICES DETAILED ON THE SERVICES CONTRACT. THE FEES PAID TO NEON GOLDFISH ARE NON-REFUNDABLE.
Customer agrees to provide Neon Goldfish with all relevant and necessary information and custom content (including, but not limited to, brochures, logos, slogans, copy, pictures, images, video, and other content) in connection with the services provided. Customer also agrees that they have the right to use all names, logos, addresses, phone numbers, trademarks, service marks, and all other content provided to be used in provided Services.
Customer agrees that all logos, images, pictures, videos, slogans, copy and anything else submitted for use in the Services provided by Neon Goldfish can be used, as connected to the customer, in all Neon Goldfish marketing materials, press releases, contests, branding, advertisements or any other medium Neon Goldfish chooses.
Any written documentation presented to Neon Goldfish disputing the customer’s authorization of name, logo, address, phone number, trademark, service mark or any other content requested to be used in the services of Neon Goldfish may result in cancellation or suspension of service until the dispute is resolved to our satisfaction. Customer agrees that they will indemnify Neon Goldfish and hold us harmless for any damages, cost, and expenses, including actual attorneys’ fees resulting from customer misrepresentations and unauthorized submissions.
Customer agrees that they are in compliance with all laws and licensing agreements for all goods and services they are offering and representing.
Customer agrees to provide Neon Goldfish with accurate contact information including but not limited to, legal business name, physical address, mailing address, phone number, email address, and fax number. The customer further agrees to notify Neon Goldfish of any changes or modifications to contact information in writing.
The customer agrees that any and all personal information gathered through the use of Neon Goldfish services will not be shared, sold or bartered with any third party without first obtaining written consent from such individuals.
Customer represents to Neon Goldfish that Customer is at least eighteen years old and is responsible for supervising the activities of any under-age user.
Customer shall be responsible for obtaining Internet connectivity to access the Website and to send and receive emails.
Errors and Omissions
Customer agrees that errors in and omissions of marketing services do sometimes occur and charges are based solely upon each marketing service naming that charge as the only monetary value to the marketing services and unrelated to the value of or any investment in your business. Customer also agrees that it is extremely difficult and impractical to identify any actual damages, loss of profits, and/or loss of sales as a result of an error in or omission of marketing services. Customer further agrees to hold Neon Goldfish L.L.C. harmless for any loss of profits, loss of sales, damages, and any other impact to Customer’s business as a result of an error in or omission of marketing services.
Customer agrees to the payment amount specified on the front of this contract and further agrees payments not received within 30 days of the invoice date will incur a non-payment charge of one and a half percent (1.5%) per month on the unpaid balance. Customer also agrees to pay any attorneys’ fees and other costs that Neon Goldfish L.L.C. and/or our agents incur in collection of any past due balances and unpaid amounts.
Customer shall defend, indemnify, and forever hold Neon Goldfish, LLC, its owners, shareholders, partners, members, affiliates, subsidiaries, officers, directors, employees, agents, providers, contractors and their heirs, successors and assigns, free and harmless from and against any and all actions, claims, liabilities, assertion of liabilities, losses, costs and expenses whatsoever, including, but not limited to, attorney fees, that any such parties may incur or be exposed to by reason of Customer’s use or misuse of this service and the services provided herein.
This indemnification shall extend to and apply to any and all such actions, claims, assertion of liabilities, losses costs and expenses whatsoever, including, but not limited to, attorney fees, whether brought against Neon Goldfish by third parties due directly or indirectly to the Customer’s use or misuse of Neon Goldfish services provided herein.
Rights and Ownership
All rights and ownership of all URLs and website files including all coding, images, video developed for Customer by Neon Goldfish will become sole property of the Customer upon receipt of Final Payment for all Services as specified on the Services Contract.
In the event of cancellation of the project, ownership of all copyrights, the original files, all code and artwork created by Neon Goldfish shall be returned and retained by Neon Goldfish, and a fee for work completed, based on the contract price and expenses already incurred, shall be paid by the client.
This Agreement does not create any agency, employment, partnership, joint venture, franchise, or other similar or special relationship between you and Neon Goldfish. Neither party will have the right or the authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other party or its affiliates, whether expressed or implied, or to bind the other party or its affiliates in any respect whatsoever.
The Terms and Conditions of this contract are not transferable or assignable by the Customer without the written consent of Neon Goldfish LLC.