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Terms and Conditions

Terms and Conditions  

Services

Relax Wisconsin agrees to provide all services outlined within this website as specified. 

Listings – Terms for listings are contained on the final payment page and will be specific to the options you select. Listings are on a subscription basis. Information provided by the subscriber is owned by said subscriber. Subscriber is responsible for its accuracy and legal use per sections Warranties and Representations, Indemnification/Liability, and Limitation of Liability. We offer a 100% guarantee within two weeks of subscription purchase.

Custom Web – Terms for initial web work are specific to the options selected by the client and the initial estimate is based on this form. If the client requests additional work or changes any of the criteria during the project (other than the user-based editing included with each listing), thus requiring additional services, a revision/adjustment fee will be charged. Additional services will include, but are not limited to, changes in the extent of work, changes in schedule, changes in the complexity of any elements of the project, and any changes made after client approval has been given for a specific stage of the project according to the agreed-upon schedule, including concept, design, composition and production of mechanicals. Relax Wisconsin will keep the client informed of additional services that are required, and will obtain the client’s approval for any services that cause the total fees to exceed those outlined in the estimate or its revision.

It is Relax Wisconsin’s policy to purchase and administer domain names on behalf of the client. In the event the client chooses to stop work with Relax Wisconsin, Relax Wisconsin will transfer the owner and administrator privileges to client for no additional fee within 2 weeks of written request.

Hosting of website and up to 2 email addresses, with Bluehost, is included in the monthly support contract with Relax Wisconsin. In the event the client chooses to stop work with Relax Wisconsin, the website and email, if applicable, must be moved from this hosting location within 2 weeks. At the end of that time period, Relax Wisconsin will terminate the site. All art files, etc. must be requested in writing 2 weeks prior to site termination and unless requested will no longer be available after that time.

Payment of Services

All payments will be processed via Paypal. Major credit cards are accepted through their site. Checks or money orders are accepted, although work will begin after payment has been made and check has been approved. Please email Lynn at RelaxWi dot com (this email is spelled out to combat spambots; remove spaces and replace at with @ symbol and dot with a period).

Schedules/Overtime/Rush Work

Relax Wisconsin reserves the right to adjust the schedule and/or charge additionally in the event the client fails to meet the agreed-upon deadlines for delivery of information, materials, approvals, payments, and for changes and additions to the services outlined in the estimate/proposal.

Client Approval

The client will approve and proofread all final designs and type before the final production is completed. The client’s approval of all tangible materials and artwork will be assumed after the work has been submitted to the client for review, unless the client indicates otherwise in writing.

Rights/Ownership

All tangible materials in all circumstances remain the property of Relax Wisconsin. All rights and ownership apply to preliminary concepts, works in progress, and finished materials, whether the project is completed or canceled.

Upon payment of all fees and expenses, Relax Wisconsin will grant all reproduction and/or usage rights for all approved final materials created by Relax Wisconsin for this project. Where alterations or retakes are necessary, Relax Wisconsin will be given the opportunity to make such changes at an agreed additional charge.

Relax Wisconsin reserves the right to use all work for self-promotion purposes.

Warranties and Representations

Client represents, warrants and covenants to Relax Wisconsin that (a) client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of the client content, (b) to the best of client’s knowledge, the client content does not infringe upon the rights of any third party, and use of the client content, as well as any Trademarks in connection with the project, does not and will not violate the rights of any third parties, (c) client shall comply with the terms and conditions of any licensing agreements which govern the use of Third Party Materials, and (d) client shall comply with all laws.

Indemnification/Liability

By Client. Client agrees to indemnify, save and hold harmless Relax Wisconsin from any and all damages, liabilities, costs, losses, or expenses 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. Under such circumstances Relax Wisconsin shall notify client in writing of any claim or suit; (a) client has sole control of the defense and all related settlement negotiations; and (b) Relax Wisconsin provides client with commercially reasonable assistance, information and authority necessary to perform client’s obligations under this section. Client will reimburse the reasonable out-of-pocket expenses incurred by Relax Wisconsin in providing such assistance. 

By Relax Wisconsin. Subject to the terms, conditions, express representations and warranties provided in this Agreement, Relax Wisconsin agrees to indemnify, save and hold client harmless from any and all damages, liabilities, costs, losses or expenses arising out of any finding of fact which is inconsistent with Relax Wisconsin’s representations and warranties made herein, except in the event any such claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or misconduct of client provided that (a) client promptly notifies Relax Wisconsin in writing of the claim; (b) Relax Wisconsin shall have sole control of the defense and all related settlement negotiations; and (c) client shall provide Relax Wisconsin with the assistance, information and authority necessary to perform Relax Wisconsin’s obligations under this section. Notwithstanding the foregoing, Relax Wisconsin shall have no obligation to defend or otherwise indemnify client for any claim or adverse finding of fact arising out of or due to client content, any unauthorized content, improper or illegal use, or the failure to update or maintain any Deliverables provided by Relax Wisconsin.

Limitation of Liability

THE SERVICES AND WORK PRODUCTS OF RELAX WISCONSIN ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF RELAX WISCONSIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (RELAX WISCONSIN 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 RELAX WISCONSIN. IN NO EVENT SHALL RELAX WISCONSIN BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTIONS, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF, OR IN RELATION TO, THE MATERIALS OR THE SERVICES PROVIDED BY RELAX WISCONSIN, EVEN IF RELAX WISCONSIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Electronic Files

Electronic files and software documents related to the client’s project are the property of Relax Wisconsin, and must not be copied, altered, or modified without the written permission of Relax Wisconsin. 

Reimbursable Expenses 

Any budget figures or estimates for reimbursable expenses or implementation charges, such as out-of-pocket expenses, web-hosting fees, printing, domain name purchases, fabrication, or installation, are for planning purposes only. Relax Wisconsin will make best efforts to work within the stated budgets, but will not be liable if these expenses exceed budgets. When possible, no expenses in excess of the budget will be incurred without the client’s written approval in advance.

The client will reimburse Relax Wisconsin for all out-of-pocket expenses incurred by Relax Wisconsin on this project. These expenses are listed in the attached estimate/proposal, and will be billed at cost plus a surcharge for account handling and supervision. Upon the client’s request at the start of this project period, records for out-of-pocket expenses will be retained by Relax Wisconsin, and will be made available to the client upon completion of the project.

Credit

Relax Wisconsin will have the right to include a published credit line on the completed designs or any representation made on behalf of the client on this project. 

Third Party Contracts

Relax Wisconsin may contract with other individuals or companies acting on behalf of the client to provide additional services such as webhosting, html code editing, design, fabrication, photography, and video production. The client agrees to be bound by any terms and conditions, including required credits and usage rights, with respect to reproduction of the materials that may be imposed on Relax Wisconsin by these third parties.

Cancellation

In the event of cancellation of this assignment, a cancellation fee will be paid by the client and will include full payment for all work completed, expenses incurred and hours expended. The cancellation fee will be based on the prices outlined in the estimate or its latest revision.

Miscellaneous

This document and the estimate represent the entire agreement between the client and Relax Wisconsin, and may be changed or modified only in writing and with the approval of both parties. The client and Relax Wisconsin represent that they have full power and authority to enter into the agreement, and that it is binding upon the client and Relax Wisconsin and enforceable in accordance with its terms.

This agreement, and all rights and remedies of its parties with respect to it, will be governed by the laws of the state of Wisconsin in which Relax Wisconsin’s principal place of business is located. 

The parties hereto shall make a reasonable attempt to settle any dispute, controversy, or difference, (collectively, the “Dispute”), which may arise concerning this Agreement or the breach thereof, by friendly discussions. If and when a Dispute is not settled by such means, then the Dispute shall be settled by (a) an alternative dispute resolution mechanism agreed upon by the parties, or failing this, by (b) arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The parties agree to be bound by any decision issued as a result of arbitration, and that any award issued pursuant to such decision may be enforced by any court of competent jurisdiction.