WebSwagger.com is managed by InGroup, Inc. — a full-service creative agency providing innovative marketing and communications services since 1995.
By contracting to work with WebSwagger.com you are agreeing to the POLICIES, TERMS and CONDITIONS stated within this Web site. By placing a deposit to begin work on any project or any project whereas WebSwagger.com is hired to develop, design and/or print any work, you have entered into a contractual agreement subject to the Terms and Conditions.
Web Program Policies, Terms and Conditions
Before signing up for any WebSwagger© services, you must understand and agree to the following facts, terms and conditions:
WebSwagger© / HealthVibe® Basic / Pro / Advanced Web Plans are database-driven programs used to build and manage the Web site and are owned by InGroup, Inc. We do not sell any software to you. We lease our Program to you and assist you in creating and maintaining your Web site on the Internet. Our customers have rights to any graphics or content stored on their Web sites. All custom Web projects have no restrictions.
We allow you to upload your information and images to your Web site using our system. However, you must first agree to follow all rules regarding content. These rules include the following:
You may not upload anything that:
(a) may be considered deceptive.
(b) may be defamatory or libelous, lewd, or obscene.
(c) may be racist, threatening, harassing, libelous or a violation of intellectual property laws.
(d) promotes stolen, pirated or unlicensed copyrighted material.
(e) violates any laws regarding unfair competition, anti-discrimination or false advertising.
(f) contains viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful programming routines.
(g) infringes on any third party copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy.
(h) violates any applicable law, statute, ordinance or regulation.
All materials deemed to be in violation of any of these rules are subject to removal at our discretion.
To clarify further: Our Web Program and databases remain on our servers at all times. You are leasing our system for use in selling your products or services.
We will provide you with secure, password-protected access to a client administrative area from which you, the client, may update, add to and remove items. You must keep your password private at all times. If your password is compromised and you cannot change it using the manager console, you agree to contact us immediately to change your password.
We will not be held responsible for downtime or damages resulting from downtime.
We do not allow for the resale of our system by customers, nor do we sell the source code of the system.
You will provide payment in advance of services provided and may authorize InGroup, Inc. to charge your credit card. You may pay monthly for hosting (invoice quarterly) or prepay 12 months for a discounted price. This hosting agreement renews every month unless it is cancelled in writing by you. In the event of cancellation, any hosting prepayment will be prorated and returned to you. Set-up fees are non-refundable. Cancellations must be sent to:
InGroup, Inc.
P.O. Box 206
Midland Park, NJ 07432
Hosting fees are $40 per month and include site monitoring, e-mail, and 1/2 hour of site maintenance each month. Hosting fees commence once the site goes live —except in the case when you, the client, delay site progress beyond 60-days, in which case, the customer is responsible for a $10 monthly hosting fee until the site progresses again and is made active/live.
Single Point of Contact: You’ll provide a single point of contact for approvals on all project elements.
Guidance on Source Materials: You’ll provide accurate and complete guidance, including any available source materials for contracted services.
Schedules: We’ll agree upon a reasonable schedule, and you’ll provide feedback and source materials consistent with that schedule.
Final Approvals: You are responsible for review and approval on all materials. You’ll be responsible for the accuracy, completeness and propriety of information concerning your organization, products, services and industry, which you furnish to us. It will be your responsibility to review, and our responsibility to present to you and receive Final Approval of all materials prepared by us under this Agreement to confirm that the representations, direct or implied, with respect to your organization, products, services and industry are accurate and supportable by you. You will also confirm the accuracy and legality of the descriptions of your organization, products, services, industry and competitive products and services. Customer acknowledges that final editorial review and proofreading is ultimately the customer’s responsibility.
Indemnification: You agree to indemnify, defend and hold us harmless from and against all liabilities, losses, damages or expenses, including reasonable attorney fees and costs, which may incur as the result of a claim. In addition, we will not be held responsible for downtime or damages resulting from downtime.
Confidentiality: Each of us agrees to keep confidential and not to disclose or use for our own benefit or for the benefit of any third party (except as may be required for the performance of services under this agreement or as may be required by law) any information, documents or materials which are identified by a party at the time that they are made available to be proprietary or confidential. The confidentiality obligations in the preceding sentence, however, shall not extend to any information, documents or materials that (a) become publicly available without breach of this provision, (b) are received from a third party without restriction, or (c) are independently developed without reference to information received hereunder from the other party, and provided further that such obligations shall expire upon the second anniversary of the effective date of termination of this contract.
Cancellation: You may cancel anytime with 30 days written notice. Prepayments will be prorated balance returned. Set-up fees are non-refundable.
Retention of Materials: Confidential materials provided to us shall be maintained for a period no longer than one year and, thereafter, either returned to you or discarded at the end of our business relationship.
Ownership of Materials: We acknowledge and agree that, upon payment of all sums due to us under this Agreement any custom Web sites generated by shall be both your property and ours, subject to any third party rights, restrictions or obligations of which we notify you. Likewise, you acknowledge that we retain ownership of all works of authorship created by or for us prior to or separate from the performance of services under this agreement including, but not limited to, our proprietary information/services, such as our Basic, Pro, and Advanced Web Programs and any third party relationships held by us. Customer acknowledges that the Basic, Pro, and Advanced Web sites are not transferable to another server. Upon termination of services, the Customer's Basic, Pro, and/or Advanced Web site will no longer be available to the Customer or others seeking to view or access the site. Custom Web sites have no such restrictions and can be moved to another server upon written request.
Agreement Disclosure: We may publicize our agreement to work with you in the form of press releases and announcements and will immediately include your name in our client roster for the purpose of further business developments efforts.
General Terms: (1) Nothing contained in this Agreement shall create any partnership or joint venture between the parties and we shall not be deemed to be your employee. We will be acting as your agent when purchasing materials or services on your behalf, and you agree that all orders placed and contracts entered into by us on your behalf with our suppliers and other persons may so state. You acknowledge that we may from time to time use consultants and/or subcontractors in the performance of our services hereunder. (2) This agreement is made in New Jersey and shall be construed and interpreted in accordance with the law of New Jersey, without regard to conflict of law rules or principles thereof. The parties agree that any and all lawsuits or other claims arising from this shall be brought to the courts of New Jersey for resolution.
InGroup, Inc.
P.O. Box 206
Midland Park, NJ 07432
(888) 772-6400 PH
(201) 444-0668 FX
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Print Program Policies, Terms and Conditions
Working with WebSwagger.com is easy, but we can not emphasize strongly enough the importance of proofreading any work that we develop for you. A digital proof is provided to ensure the accuracy of your order. Ultimately you are fully responsible for proofreading your design. Your approval is needed on the design, spelling, colors, quantity, and size. WebSwagger.com is not responsible for any errors (typos, misspellings etc.) discovered in the printed product that were derived from and represented in the proof you approved.
We strive to complete projects in fewer than 30 days. We will provide you with a creative and production schedule but cannot guarantee any project to arrive by a specified date because of factors outside of our control, such as lead-time on the press. We offer a target date and do our best to comply with it. If you pay extra for expedited print times or faster shipping, WebSwagger.com is still not held responsible if your project does not arrive by the desired date. Any extra money paid for expediting the printing or faster shipping is NOT refundable as it is paid to third parties, no longer falling under the responsibility of WebSwagger.com. Typically your brochures are shipped UPS or Federal Express. We closely monitor your project from start to finish and keep you updated on your project’s status. All orders must be shipped to a physical address and not to post office boxes.
We require an initial deposit of 50% of your total cost to begin work. Your deposit is applied to your total balance. Upon final approval, your balance is due.
If for some reason you wish to cancel or postpone your project after we have started work, we will bill you for work completed to that point that your deposit does not cover; your initial deposit will be applied to that balance. The paid amount will be credited to your project and we can pick up where we left off when you are ready to resume. NOTE: Orders cannot be cancelled after going to print.
All artwork and designs created are the property of both you and WebSwagger.com. If you request a copy of the disk, we reserve the right to charge $75 plus shipping to copy a CD in the native format in which the design was created along with a .pdf file.
Should you find errors that are not represented on the proof that you “approved” please contact WebSwagger.com immediately. If your shipment was damaged in anyway during shipping please contact WebSwagger.com immediately. Do not use any of the product and we will work diligently to correct the situation in the fastest manner possible. We may require that you mail us a few samples of the final product. This is often the best way for us to determine what may have caused the error and help us provide the best solution so that it doesn’t happen again. NOTE: WebSwagger.com is not liable for any errors (misspellings, typos, misprints, etc.) in your printed piece that were represented on the proof you approved to print.
All printing is done with a CMYK process. We do not match exact spot/PMS colors. CMYK is a standard professional printing process that combines four inks to create other colors. We do not reprint items with minor to moderate color variations. Color matching is done to the best of our ability, but it is impossible to perfectly match digital proofs with paper printing. All proofs are understood to be close representations of the printed product, and will inevitably have a certain degree of deviation from a monitor's display.
Single Point of Contact: You’ll provide a single point of contact for approvals on all project elements.
Guidance on Source Materials: You’ll provide accurate and complete guidance, including any available source materials for contracted services.
Schedules: We’ll agree upon a reasonable schedule, and you’ll provide feedback and source materials consistent with that schedule.
Final Approvals: You are responsible for review and approval on all materials. You’ll be responsible for the accuracy, completeness and propriety of information concerning your organization, products, services and industry, which you furnish to us. It will be your responsibility to review, and our responsibility to present to you and receive Final Approval of all materials prepared by us under this Agreement to confirm that the representations, direct or implied, with respect to your organization, products, services and industry are accurate and supportable by you. You will also confirm the accuracy and legality of the descriptions of your organization, products, services, industry and competitive products and services. Customer acknowledges that final editorial review and proofreading is ultimately the customer’s responsibility.
Indemnification: You agree to indemnify, defend and hold us harmless from and against all liabilities, losses, damages or expenses, including reasonable attorney fees and costs, which may incur as the result of a claim or proceeding.
Confidentiality: Each of us agrees to keep confidential and not to disclose or use for our own benefit or for the benefit of any third party (except as may be required for the performance of services under this agreement or as may be required by law) any information, documents or materials which are identified by a party at the time that they are made available to be proprietary or confidential. The confidentiality obligations in the preceding sentence, however, shall not extend to any information, documents or materials that (a) become publicly available without breach of this provision, (b) are received from a third party without restriction, or (c) are independently developed without reference to information received hereunder from the other party, and provided further that such obligations shall expire upon
the second anniversary of the effective date of termination of this contract.
Cancellation: You may cancel anytime prior to the project being sent into print production. All work up to the point of cancellation will be billable.
Retention of Materials: Confidential materials provided to us shall be maintained for a period no longer than one year and, thereafter, either returned to you or discarded at the end of our business relationship.
Ownership of Materials: We acknowledge and agree that, upon payment of all sums due to us under this Agreement any print project, logo/identity, graphic design, editorial (collectively referred to as Materials) be both your property and ours, subject to any third party rights, restrictions or obligations of which we notify you. Likewise, you acknowledge that we retain ownership of all works of authorship created by or for us prior to or separate from the performance of services under this agreement including, but not limited to, our proprietary information/services, media lists and any third party relationships held by us. Customer may be charged $75 plus shipping for copies of job disks.
Agreement Disclosure: We may publicize our agreement to work with you in the form of press releases and announcements and will immediately include your name in our client roster for the purpose of further business developments efforts.
General Terms: (1) Nothing contained in this Agreement shall create any partnership or joint venture between the parties and we shall not be deemed to be your employee. We will be acting as your agent when purchasing materials or services on your behalf, and you agree that all orders placed and contracts entered into by us on your behalf with our suppliers and other persons may so state. You acknowledge that we may from time to time use consultants and/or subcontractors in the performance of our services hereunder. (2) This agreement is made in New Jersey and shall be construed and interpreted in accordance with the law of New Jersey, without regard to conflict of law rules or principles thereof. The parties agree that any and all lawsuits or other claims arising from this shall be brought to the courts of New Jersey for resolution.
InGroup, Inc.
P.O. Box 206
Midland Park, NJ 07432
(888) 772-6400 PH
(201) 444-0668 FX
Last Updated February 2008
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