TERMS OF SERVICE
All services and/or goods provided by FWS (Forthright Web Services), DBA, James Anderson Jr.
are subject to the following terms and conditions, as set forth in this document. From henceforth,
FWS, DBA, James Anderson Jr.
may periodically be referenced as “the company”, “our company”, “our”,
“we” or “us”. This enhances readability and promotes a clearer understanding of the terms.
Refusal Of Service
Please note that our company is family-owned, and operated. Therefore, we will not accept projects that we find morally questionable,
unethical, or distasteful. Our company reserves the right to decline to do business with any client, for any reason, at any time.
Indemnity & Liability
Product(s), service(s), and/or good(s) purchased from FWS, DBA, James Anderson Jr. are provided “as is”,
without warranty of any kind, that the relevant product(s), service(s), and/or good(s) will be uninterrupted, or error-free. In no event, shall we
be liable to the client, for any direct, indirect, special, punitive, incidental, or consequential damages, arising out of the use, or misuse, of any
product(s), service(s), and/or good(s) provided by us, to the client. This includes, without limitation, lost profits, business interruption,
loss of data, or other losses, directly resulting from the use, or misuse, of the product(s), service(s), and/or good(s) provided to the client.
The entire risk as to the quality, and performance, of the product(s), service(s), and/or good(s) provided to the client, is with the client.
Ownership Of Services
Upon completion of the commissioned services, and payment of all service fees, the client is the owner of the commissioned work. The client may
continue to use the commissioned work to promote the client’s entity, company, or organization, regardless of whether they choose to continue
further services with our company. However, the client does NOT have the right to resell any intellectual
property belonging to our company, to other companies, and/or to any other third-party entities. The client has the right to add on to the
existing commissioned work or have another company and/or third-party entity add on to the existing commissioned work without any further
royalties and/or restrictions. Secondary materials created by our company during production work, including, but not limited to, drafts,
plans, graphic source files, and templates, remain the sole property of our company unless otherwise stated, or provisions made available.
No Joint Ventures
Our company does not involve itself with client ventures or business affairs distinctively outside of the scope of the product(s), service(s),
and/or good(s) originally offered to the client or business within the originally drafted contract. We neither form partnerships with our clients,
nor do we share our employees, knowledge, assets, or resources to promote the growth or success of any particular venture or business over
that of another. Our employees cannot lawfully accept an invitation to work jointly as an employee of our client’s company while
simultaneously still privy to our company’s internal resources.
Termination Of Services
If the client changes his or her mind about doing business with our company during the initial development phase, the client will still
be responsible for the amount of work already completed. Depending upon the amount of work completed at the time of the cancellation, this may mean receiving
a partial refund (excluding the initial retainer fee), no refund, or owing additional fees. To protect clients from unintentional service interruption,
clients wishing to terminate any services must request the service termination in writing at least (15) business days before the last day of service(s).
There will be a (5) business-day holding period, in which the client is responsible for full payment(s) owed.
Payments
FWS, DBA, James Anderson Jr. accepts payments via
Visa,
MasterCard,
American Express, and
Discover bank cards,
ACH
bank transfers, as well as PayPal,
Stripe, and
CashApp online 3rd-party payment processors. However, we
usually request that all payments be made via the invoice (i.e., the bill) sent to each client via our
3rd-party invoicing software provider, Wave Financial.
Please note that the client's project will not be released to them or uploaded to any server that they, their entities, or any liaison(s) or representative(s)
authorized by them, have authority over until full payment(s) are received.
Non-Communication
If we are unable to communicate with the client of a project for at least thirty (30) calendar days by phone (e.g.,
voice call, text messaging, or WhatsApp IM service) or email during the initial design and development process, the project will be canceled without prior notice and no refund
will be issued.
Acceptance
Please note, that by submitting your initial service retainer or any other payment for any of our services, you are effectively agreeing to all of our terms
of service, as outlined in this document, and are legally bound by these terms for as long as you continue to receive services from us, or have any dealings with
our company, and during any subsequent legal dealings thereafter. Our company reserves the right to modify, revise, or amend these terms of service, in whole,
or in part, at any time, and for any sound reason, and by your continued business with our company, you agree to be bound by such modifications, revisions, or amendments.
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