Terms & Conditions
Last updated: 3/1/2024
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between WEBAES LLC, a limited liability company organized under the laws of the state of Colorado (“Webaes”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Webaes’s website: https://www.webaes.com (the “Website”) and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter, the relationship between Client and Webaes shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Webaes for services rendered shall remain and continue to be an ongoing obligation owed by Client to Webaes.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Webaes and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Webaes and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Webaes’s express prior written permission. Webaes reserves all rights in the Website, Content, and Marks.
2. Ownership of Materials
Notwithstanding Webaes’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Webaes to become the owner of a Project, in whole or in part, rather than Client, Webaes irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Webaes as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Webaes always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.
3. Third-Party Fonts
In the event that any Project incorporates fonts that are not owned by Webaes and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Webaes will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as Webaes has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
4. User Representations
By utilizing the Website, the Client hereby affirms and guarantees the following:
1. Legal Capacity and Compliance: The Client asserts that they possess the legal capacity to use the Website and agrees to abide by these Terms of Use.
2. Non-Minor Status: The Client confirms that they are not a minor in their jurisdiction of domicile.
3. No Automated Access: The Client commits to refrain from accessing the Website through automated or non-human means.
4. Lawful and Authorized Use: The Client pledges not to employ the Website for any illegal or unauthorized purposes.
5. Compliance with Laws and Regulations: The Client assures that their use of the Website will not contravene any applicable laws or regulations.
5. Prohibited Activities
Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Webaes on behalf of the Client. Further, Client agrees to refrain from the following:
1. Make any unauthorized use of the Website;
2. Retrieve data or content for the purposes of creating or compiling a database or directory;
3. Circumvent, disable, or otherwise interfere with security-related features on the Website;
4. Engage in unauthorized framing or linking of the Website;
5. Trick, defraud or mislead Webaes or other users;
6. Interfere with, disrupt or create an undue burden on the Website or Webaes’s networks or servers;
7. Use the Website in an effort to compete with Webaes;
8. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;
9. Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof;
10. Harass, annoy, intimidate or threaten any of Webaes’s employees, independent contractors or agents providing services through the Website;
11. Delete the copyright or other rights notice from any Content;
12. Copy or adapt the Website’s software;
13. Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website;
14. Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism;
15 Disparage, tarnish or otherwise harm Webaes;
16. Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.
6. Client Feedback
Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Webaes and Webaes is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Webaes shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission, and Client hereby waives all claims and recourse against Webaes for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
7. Management and Oversight
Webaes reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. Webaes further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decisions shall be at the sole discretion of Webaes, without notice or liability to the Client. All decisions regarding the management of the Website shall be at the sole discretion of Webaes and shall be designed to protect Webaes’ rights and property.
8. Privacy Policy
By using the Website, the Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access to the Website from the EU, Asia, or any other region of the world may result in the applicability of laws, statutes, or regulations differing from those of the United States, which govern personal data collection, use, or disclosure. The Client’s continued use of the Website and the transfer of data to the United States constitute express consent of the Client to the transfer and processing of data in the United States. Webaes does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Webaes without parental consent, Webaes shall delete that information as soon as reasonably practical.
9. Returns and Refunds
Webaes reserves the right to deny refunds based on its own discretion and without notice or liability to the Client. Refund requests are assessed on a case-by-case basis. Should the Client request a refund during the first month of use, all materials produced by Webaes are the ownership of the company and are prohibited from being used by the Client in any way.
If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period.
Webaes reserves the right to take appropriate legal actions against the Client for the breach of this paragraph.
10. Modification
Webaes reserves the right to change, alter, modify, amend, or remove anything or any content on the Website for any reason at its sole discretion. Webaes reserves the right to modify or discontinue all or part of the Website without notice and without liability to the Client.
11. Connection Interruptions
Webaes does not guarantee or warrant that the Website will be available and accessible at all times. Issues with hardware, software, or other items may result in interruption delays or errors beyond Webaes' control. The Client agrees that Webaes shall not be liable for any loss, damage, or inconvenience caused by the Client's inability to access or use the Website during any interruption in the connection or service.
12. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado without regard to conflict of law principles.
13. Litigation
Any legal action of whatever nature shall be brought in the state courts of Jefferson County, Colorado, or in the United States District Court for the District of Colorado. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.
14. Disclaimer
The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services is at Client’s sole risk. Webaes disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Webaes makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website, and Webaes assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury, or property damage of any nature whatsoever, any unauthorized access to or use of Webaes’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party, and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Website. Webaes does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.
15. Limitations of Liability and Indemnification
Webaes and its directors, employees, members, independent contractors, or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from Client’s use of the Website. Client agrees to defend, indemnify, and hold harmless Webaes and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Webaes reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Webaes hereunder. Client agrees to cooperate with the defense of such claims.
16. User Data
Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Webaes shall have no liability to Client for any loss or corruption of any such data, and Client hereby waives any right of action against Webaes from any such loss or corruption.
17. Electronic Communications, Transactions, and Signatures
The Client hereby consents to receive electronic communications from Webaes. Acknowledging that agreements, notices, disclosures, and other communications sent via email or through the Webaes Website satisfy any legal requirement for written communication, the Client affirms the use of electronic signatures, contracts, orders, and other records. Additionally, the Client consents to the electronic delivery of notices, policies, and records of transactions initiated or completed by Webaes or through the Webaes Website. The Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or payments or the granting of credits by any means other than electronic.
18. Showcasing Design Work
Webaes reserves the right to showcase design work on digital channels, including social media and the website, unless otherwise agreed upon. The Client retains the right to request a Non-Disclosure Agreement (NDA) between themselves and Webaes, which would void Webaes' right to share or discuss the Client's work publicly.
19. Referrals
Referral tracking and payouts are managed through our third-party partner, Rewardful.com.
20. Miscellaneous
These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Webaes. Failure of Webaes to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between the Client and Webaes.
21. Contact Information
For any questions or complaints regarding the Website, please contact Webaes at: hello@webaes.com.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Webaes and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Webaes and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Webaes’s express prior written permission. Webaes reserves all rights in the Website, Content, and Marks.
2. Ownership of Materials
Notwithstanding Webaes’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Webaes to become the owner of a Project, in whole or in part, rather than Client, Webaes irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Webaes as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Webaes always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.
3. Third-Party Fonts
In the event that any Project incorporates fonts that are not owned by Webaes and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Webaes will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as Webaes has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
4. User Representations
By utilizing the Website, the Client hereby affirms and guarantees the following:
1. Legal Capacity and Compliance: The Client asserts that they possess the legal capacity to use the Website and agrees to abide by these Terms of Use.
2. Non-Minor Status: The Client confirms that they are not a minor in their jurisdiction of domicile.
3. No Automated Access: The Client commits to refrain from accessing the Website through automated or non-human means.
4. Lawful and Authorized Use: The Client pledges not to employ the Website for any illegal or unauthorized purposes.
5. Compliance with Laws and Regulations: The Client assures that their use of the Website will not contravene any applicable laws or regulations.
5. Prohibited Activities
Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Webaes on behalf of the Client. Further, Client agrees to refrain from the following:
1. Make any unauthorized use of the Website;
2. Retrieve data or content for the purposes of creating or compiling a database or directory;
3. Circumvent, disable, or otherwise interfere with security-related features on the Website;
4. Engage in unauthorized framing or linking of the Website;
5. Trick, defraud or mislead Webaes or other users;
6. Interfere with, disrupt or create an undue burden on the Website or Webaes’s networks or servers;
7. Use the Website in an effort to compete with Webaes;
8. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;
9. Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof;
10. Harass, annoy, intimidate or threaten any of Webaes’s employees, independent contractors or agents providing services through the Website;
11. Delete the copyright or other rights notice from any Content;
12. Copy or adapt the Website’s software;
13. Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website;
14. Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism;
15 Disparage, tarnish or otherwise harm Webaes;
16. Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.
6. Client Feedback
Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Webaes and Webaes is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Webaes shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission, and Client hereby waives all claims and recourse against Webaes for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
7. Management and Oversight
Webaes reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. Webaes further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decisions shall be at the sole discretion of Webaes, without notice or liability to the Client. All decisions regarding the management of the Website shall be at the sole discretion of Webaes and shall be designed to protect Webaes’ rights and property.
8. Privacy Policy
By using the Website, the Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access to the Website from the EU, Asia, or any other region of the world may result in the applicability of laws, statutes, or regulations differing from those of the United States, which govern personal data collection, use, or disclosure. The Client’s continued use of the Website and the transfer of data to the United States constitute express consent of the Client to the transfer and processing of data in the United States. Webaes does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Webaes without parental consent, Webaes shall delete that information as soon as reasonably practical.
9. Returns and Refunds
Webaes reserves the right to deny refunds based on its own discretion and without notice or liability to the Client. Refund requests are assessed on a case-by-case basis. Should the Client request a refund during the first month of use, all materials produced by Webaes are the ownership of the company and are prohibited from being used by the Client in any way.
If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period.
Webaes reserves the right to take appropriate legal actions against the Client for the breach of this paragraph.
10. Modification
Webaes reserves the right to change, alter, modify, amend, or remove anything or any content on the Website for any reason at its sole discretion. Webaes reserves the right to modify or discontinue all or part of the Website without notice and without liability to the Client.
11. Connection Interruptions
Webaes does not guarantee or warrant that the Website will be available and accessible at all times. Issues with hardware, software, or other items may result in interruption delays or errors beyond Webaes' control. The Client agrees that Webaes shall not be liable for any loss, damage, or inconvenience caused by the Client's inability to access or use the Website during any interruption in the connection or service.
12. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado without regard to conflict of law principles.
13. Litigation
Any legal action of whatever nature shall be brought in the state courts of Jefferson County, Colorado, or in the United States District Court for the District of Colorado. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.
14. Disclaimer
The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services is at Client’s sole risk. Webaes disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Webaes makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website, and Webaes assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury, or property damage of any nature whatsoever, any unauthorized access to or use of Webaes’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party, and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Website. Webaes does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.
15. Limitations of Liability and Indemnification
Webaes and its directors, employees, members, independent contractors, or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from Client’s use of the Website. Client agrees to defend, indemnify, and hold harmless Webaes and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Webaes reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Webaes hereunder. Client agrees to cooperate with the defense of such claims.
16. User Data
Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Webaes shall have no liability to Client for any loss or corruption of any such data, and Client hereby waives any right of action against Webaes from any such loss or corruption.
17. Electronic Communications, Transactions, and Signatures
The Client hereby consents to receive electronic communications from Webaes. Acknowledging that agreements, notices, disclosures, and other communications sent via email or through the Webaes Website satisfy any legal requirement for written communication, the Client affirms the use of electronic signatures, contracts, orders, and other records. Additionally, the Client consents to the electronic delivery of notices, policies, and records of transactions initiated or completed by Webaes or through the Webaes Website. The Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or payments or the granting of credits by any means other than electronic.
18. Showcasing Design Work
Webaes reserves the right to showcase design work on digital channels, including social media and the website, unless otherwise agreed upon. The Client retains the right to request a Non-Disclosure Agreement (NDA) between themselves and Webaes, which would void Webaes' right to share or discuss the Client's work publicly.
19. Referrals
Referral tracking and payouts are managed through our third-party partner, Rewardful.com.
20. Miscellaneous
These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Webaes. Failure of Webaes to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between the Client and Webaes.
21. Contact Information
For any questions or complaints regarding the Website, please contact Webaes at: hello@webaes.com.