TERMS OF SERVICE

 

Last Updated: 8.4.2023

 

THIS IS A BINDING LEGAL AGREEMENT. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE. BY ACCESSING OUR WEBSITE OR USING OUR SERVICE, YOU ARE ACCEPTING THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICE OR ACCESS OUR WEBSITE. WE RESERVE THE RIGHT TO MODIFY OR AMEND THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SERVICE FOLLOWING THE POSTING OF CHANGES TO THIS AGREEMENT WILL BE DEEMED AS YOU ACCEPTING THOSE CHANGES.

 

  1. Parties. These Terms of Service, together with all updates, supplements, additional terms, website information and Privacy Policy (“Agreement”) constitute a legal agreement between YOU (“Customer” or “Subscriber” or “You” or “Your”) and GUINEZ LLC D/B/A BACKSTAGE, a Florida limited liability company whose principal location is 1391 NW 185th Terrace Pembroke Pines, Florida 33029 (“Backstage” or “Company” or “We” or “Us”). Customer and Company are collectively referred to as “Parties”. By accessing and using our subscription-based graphic design services stated in this Agreement and on this website (“Services”), you agree to be legally bound to the below terms and conditions.

 

  1. Services. (a) Backstage is on-demand subscription based premium graphic design service targeted towards businesses. (b) We offer services in Graphic Design, Presentation Design, Custom Illustrations and Motion Graphics. (c) You are not required to sign long term contracts with us to engage our services, but rather you engage with us on a monthly, quarterly or yearly basis. (d) We offer various subscription plans for graphic design services, namely Silver, VIP and All Access, for which the details, features, and pricing of each plan are outlined on our website. (e) We do NOT offer the following services: Advanced Animations, Advanced Animated Explainers, Copywriting, Marketing Strategy, Shooting Videos or Images, Storyboarding, Transcribing Videos, Whiteboard Videos, Ad development, Marketing Strategy, HTML5 Ads, 3D / CAD, Web, Mobile or App Design Projects, or Coding & Development.

 

3.Compensation. (a) In exchange for engaging our Services, you authorize us to collect payments in advance of services by processing the credit card associated with your account or through any other mutually agreed upon and preferred method of payment. (“Charges”). (b) Your charges correspond with your chosen subscription plan, the amount of which is stated on the website.

 

  1. Billing. (a) Your subscriptions are billed on a recurring basis according to the billing cycle associated with your chosen plan and you will be sent a payment receipt to the electronic mail associated with your account. (b) Your billing cycle begins on the date of subscription activation and automatically renews and continues until cancelled or modified in accordance with this Agreement. (c) We do not charge hidden fees and we reserve the right to establish, remove or revise Charges for any or all aspects of the Service at any time in our sole discretion, by posting or otherwise delivering notice to you.

 

  1. Modifications; Pauses in Service. (a) You may modify your subscription plan by contacting our office using the contact information on our website and speaking with an authorized company representative (some charges may apply for an adjustment to a higher tiered subscription plan) (b) In the event that you do not have a service request in a given subscription plan period, you may pause your account. In so doing, we will place a hold on the recurring and automatic upcoming payment due for your subscription for fifteen (15) calendar days, and if after said fifteen (15) days you do not wish to continue services with us, you will be refunded your payment for that billing cycle and your account will be closed.

 

  1. Cancellations; Refunds. (a) You may cancel your subscription for services by sending an email requesting cancellation to ACCOUNTS at info@backstagegd.com no later than thirty (30) calendar days prior to the date of cancellation. Any request made less than thirty (30) days may result in a payment hold if your payment has already been automatically processed. (b) We reserve the right to terminate or suspend your access to our Services, with or without cause, at any time and without prior notice. (c) Customers may be refunded an automatic recurring payment if that customer’s account is still active but the customer has not made any requests for services for that billing cycle. (If necessary, said refund may at times be subject to a hold before being issued).

 

  1. Promotions. Company may from time to time provide certain subscribers with promotional offers and discounts which may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services as it applies to you

 

  1. Account Registration and Security. In consideration of your access or use and engagement of our Services, you agree to provide true, accurate, current and complete information about yourself and your business (such information being the “Account Data”) and maintain and promptly update the Account Data to keep it true, accurate, current and complete. In the event that you provide any information that is untrue, inaccurate, misleading or not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, misleading or not current or incomplete, we reserve the right to suspend or terminate your account and refuse any or all future Services.

 

  1. Account Security. You understand and accept that you are responsible for the security and confidentiality of your Username and Password when accessing our Services on our website. Should you share your Username and Password with any third party, permit them to log-on to or otherwise use the Services under your Account, or are negligent in maintaining the security of your Username or Password such that a third-party gains access to your Account, you assume all risks and losses and are responsible for any Account activities by that third party.

 

  1. Authorized Users. In the event that you allow a third-party authorized user to access your Account, You assume responsible for all Account activities by that authorized user so that any disputes between you and any authorized user, or any other third-party to whom you have provided access to your Account are solely between you and that third-party and we have no responsibility or liability regarding such disputes.

 

  1. Usage. As a condition of your use of, access to and engagement for Services, you agree to comply with any application, tool, or content-specific rules published within the Services, as well as the following usage rules, which we reserve the right to modify or supplement in our sole discretion from time to time or as needed. You will not:

 

(a) Copy, adapt, reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Services create to generate its work;

 

(b) Use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Services, or use or launch any unauthorized script or other software;

 

(c) Distribute any virus, time bomb, trap door, Trojan horse, worm, malware, ransomware or other harmful, malicious or disruptive computer code, mechanism, software, script, agent or program;

 

(d) Cover or obscure any notice, legend, warning, banner or advertisement contained on the Services;

 

(e) Interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services;

 

(f) Sell or redistribute the Services or any part thereof;

 

(g) Violate any applicable state or federal law or policy;

 

(h) Harvest or otherwise collect information about Account holders;

 

(i) Engage in any form of fraudulent activity or unauthorized use of payment information;

 

(j) Infringe or violate the rights of any other party, including without limitation any intellectual property rights or rights of privacy or publicity.

 

  1. Independent Contractor Status. We are your independent contractors, and nothing contained in this Agreement shall be construed to give either Party the power to direct and control the day-to-day activities of the other; or constitute the Parties as co-owners or otherwise. We are not your employees and are not entitled to any employee benefits.

 

  1. Intellectual Property Rights Upon Payment. All intellectual property rights, including copyrights and trademarks, relating to the Services and design deliverables are owned by the Company. Upon full and complete payment for such Services by Customer, the receipt of which needs to be first acknowledged by Company, all rights, interests and title of and to the deliverables are hereby transferred to the Customer.

 

  1. Company Marks. (a) Notwithstanding the foregoing, all trademarks, service marks and trade names of Company used in the Services (including but not limited to: Backstage’s name and logo) (collectively “Marks”) is the intellectually property of Company. (b) You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without our prior written consent. (c) You do not acquire any ownership rights to any of Company’s marks by simply using our website, or by copying or downloading material from the website.

 

  1. Disclaimer. Our services are provided on an “as is” and “as available” basis. While we strive to ensure the accuracy, quality, and reliability of our services, we do not warrant that they will be error-free or uninterrupted. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

  1. Limitation of Liability. To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of our website or services. This includes but is not limited to damages for loss of profits, data, or other intangible losses.

 

  1. Indemnity. You agree to defend, indemnify and us and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Services; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information that you provide to us; or (vi) any other party’s access and use of the Services with your username and password.

 

  1. Dispute Resolution. Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation arising out of, from, or related to this contract or arising out of, from or related to the Services in this Agreement shall be resolved by litigation in a State Court of Broward County, Florida in the United States.

 

  1. Governing Law, Jurisdiction, and Venue. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida, regardless of legal theory upon which the matter is asserted. With respect to any action instituted by a Party relating to this Agreement, the Parties agree that the jurisdiction shall lie exclusively in the courts of the State of Florida, and that venue shall lie exclusively in Broward County, Florida and you consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to said venue and jurisdiction.

 

  1. Collection Costs and Attorneys’ Fees. In connection with any collection costs, or litigation arising out of this Agreement, the prevailing party shall be entitled to recover all court fees and costs and reasonable attorneys’ fees and/or collection costs through and including any appeals and any post-judgment proceedings from the non-prevailing party.

 

  1. Force Majeure. We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation, fire, lightning, explosion, epidemics, pandemics, Internet or hosting outage, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies, any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; shortages, or acts or omissions of other common carriers.

 

  1. Assignment; Waivers; Modifications. (a) Neither Party shall have the right to assign its interest in this Agreement to any other Party, unless the prior written consent of the other Party is obtained. (b) Any waiver by either party of anyone or more of the covenants, conditions, or provisions of this Agreement, shall not be construed to be a waiver of any other covenant, condition or provision of this Agreement. (c) This Agreement may not be altered, amended, or modified except by written instrument signed by the duly authorized representatives of both Parties.

 

  1. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If any court or body of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. However, the invalidity or limitation of any such provision shall not affect the validity of the remaining provisions.

 

  1. Inquiries. If you have any questions about this Agreement, its terms, your account or your rights hereunder, or if you have any complaints, claims or notices, please contact: ACCOUNTS at info@backstagegd.com.

 

  1. Privacy. Data collection and use, including the collection and use of personally identifiable information, is governed by Backstage’s Privacy Policy which is incorporated into and is a part of this Agreement.

 

  1. Integration. These Terms constitute the entire agreement between you and the Company regarding the subject matter herein and supersede all prior or contemporaneous agreements, understandings, or representations, whether oral or written.

 

ACCESSIBLITY STATEMENT

 

Backstage is committed to providing a website that is accessible and navigable to all Customers.  We actively work to assess and increase the accessibility and usability of our website, using available standards and guidelines to assist in our efforts. We use the guidelines of the Web Accessibility Initiative as a model. Those guidelines detail how to make web content more accessible to individuals with disabilities. We regularly review our site in comparison to these guidelines using recognized accessibility evaluation tools.

 

While we strive to adhere to the accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of the website at all times. Should you experience any difficulty in viewing, navigating or accessing areas of the site, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please email LEGAL at info@backstagegd.com.

 

By accessing or using our website and services, you acknowledge that you have read, understood, and agreed to these Terms of Service. If you do not agree to these Terms, please do not use our Services.