Dezins, LLC Terms And Conditions
Thank you for choosing Dezins, LLC dba DezinsINTERACTIVE as your digital marketing provider. These Terms And Conditions, including any schedules hereto and any terms incorporated herein by reference (Agreement) along with the applicable policies and additional terms which Dezins, LLC makes you aware of, including those listed below, set forth your obligations, the obligations of Dezins, and the rules you must follow when using products of Dezins, LLC or doing business with Dezins must be adhered to. Dezins reserves the right to amend this page without notice, and all customers and site users agree to be bound by any amendments. It is important that customers and site users review this page from time to time to be certain they are compliant with this Agreement.
DEFINITIONS: Agreement means this document is labeled Dezins, LLC Terms And Conditions. Service means tangible and non-tangible products provided to the client by Dezins. Project means the development phase of the services provided to the client by Dezins. Service Agreement is a legal and binding contract between Dezins and its Client(s) that lists the services Dezins provides to the client(s) and the fees the Client(S) agreed to pay. It also states the conditions and/or limitations agreed to by Dezins and the client. Fee means money the client agrees to pay to Dezins in exchange for service(s) provided to the client, which is outlined in the Service Agreement. Dezins means Dezins, LLC dba DezinsINTERACTIVE. Client means customer(s) whose name appears on the Service Agreement and Individuals who view our site and affiliates’ site. Product means website, logo, printed piece, concept, market brand, or other services provided by Dezins.
Final Project Proof means the Client’s project that was created or offered by Dezins is presented to the client for edits or changes.
Dezins, LLC And Its Affiliates Site Usage. This Agreement contains the terms and conditions governing the use of http://www.Dezinsinteractive.com and all sites of Dezins, which are linked to this Site (collectively, the “Sites”). By using any of these Sites, you expressly accept and agree to abide by all the terms and conditions contained in this Agreement. Do not use any Sites if you do not accept and agree to these terms and conditions. Unless otherwise referenced herein, any reference to ” Dezins ” shall include Dezins and all of its affiliates.
Dezins promises not to sell, rent or gives your name to any third parties.
For each visitor to the Site, our Web servers automatically recognize only information regarding the visitor’s domain name (or that of the visitor’s access provider) and email address. Regardless of the purpose for which it is submitted, it is Dezins policy to maintain all Personal Information as confidential and to use such Personal Information only for the following:
- for the specific purpose for which it was volunteered (for example, to complete a product purchase, to enter a contest, to answer an email, etc.);
- to improve the content, appearance, and utility of the Site;
- to track our visitors’ use of the Site for internal market research; and
- to notify our visitors of updates to the Site.
It is Dezins‘ policy to keep Personal Information only for as long as needed. Dezins does not sell or rent Personal Information about its customers or Site visitors to third parties. Except for the Personal Information we require in order to complete your purchase of products, you may request, at any time, that Dezins dispose of any or all Personal Information about you. In addition, at any time, you may request that Dezins correct or remove any such Personal Information from Dezins’ marketing databases. To make any request described above, either:
Send an email to:
Or write to:
Attn: Consumer Service
10311 Jefferson Highway, Suite B1
Baton Rouge, Louisiana 70809
Please be sure to provide your exact email address, name, address and/or telephone number(s) so that we can handle your request correctly.
Dezins owns this site. Dezins owns or has rights to all the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Sites, (the “Content”), and all HTML, CSS, CGI and other code and scripts in any format used to implement the Sites (the “Code”) except for the sections that our distributors are displayed. The Content and Code of the Sites are protected by copyright. Except as set forth above, you may not copy, modify, upload, download, transmit, re-publish, or display for redistribution the Dezins elements stated above to third parties for commercial purposes without the prior written agreement of Dezins.
PRODUCT AND PRICING INFORMATION
When applicable, Dezins has made every effort to display the products and their colors as accurately as possible; the displayed colors of the products will depend upon the monitor of the user and Dezins cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed are directly from the manufacturer’s website and may be out-of-stock or discontinued, and prices are subject to change. Dezins is not responsible for typographical errors regarding price or any other matter. Subject to the foregoing, the prices displayed are quoted in U.S. dollars and are effective only for United States purchases.
Dezins publishes information on its Site as a convenience to its visitors. While Dezins attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Dezins products described in its site may not be available in your region. Dezins does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions. Dezins operates its Site from the United States. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that you are subject to them. Dezins makes no warranties of any kind regarding any non-Dezins sites to which the user may be directed or hyperlinked from this Site. Hyperlinks are included solely for the convenience of the user, and Dezins makes no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in such non-Dezins sites. Visitors assume all responsibility and risk with respect to their use of the Site. Dezins disclaims all warranties, representations and endorsements expressed or implied with regard to information accessed from or via the Site, including but not limited to all expressed and implied warranties, such as warranty of title, merchantability, non-infringement, and fitness for a particular purpose. Dezins does not warrant that the Sites are free of computer viruses, bugs or other harmful components. Dezins does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. Dezins does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Sites. Dezins does not have any duty to update its Site or modify its Content or Code, and Dezins shall not be liable for its failure to update such information. It is your responsibility to verify any information contained in the Site before relying upon it.
In no event shall Dezins be liable for any direct, special, indirect, consequential, or any damages of any kind resulting from any cause, including, but not limited to, loss of use, loss of profits, loss of data, or any other type of damage, tangible or intangible in nature, whether in an action under theories of contract, tort or otherwise, arising out of or in any way relating to the use or performance of the information on, or accessed through, the Dezins site.
Professionalism Dezins, it’s personnel, and vendors agree to conduct business with our clients in a professional and ethical manner. The client agrees to conduct themselves in the same manner with Dezins, it’s personnel and vendors.
Client Complaints and dispute resolution. If a Client is dissatisfied with the services provided by Dezins, the Client must immediately notify Orhan McMillan or Paul Keesler at (225) 615-8358. Dezins will make every reasonable effort to rectify the complaint by quickly correcting mistakes contrary to Service Agreement. However, if Dezins determines that the Client complaint is not the fault of Dezins but is the result of client’s indecisiveness or fault of the Client, the Client must pay Dezins at the current hourly rate or negotiated rate to effect changes to Client’s service. If Client chooses not to accept agreed services at the time they are rendered, the Client must still pay Dezins the negotiated fee. Disputes by the client that are not resolved as specified above are not prone to legal action by the client. The client agrees not to take legal action or maneuvers of any kind for any reason against Dezins, our affiliates, employees, or owners. The client may use the Better Business Bureau for dispute resolution or an arbitrator (agreeable to by Dezins) at client’s expense.
Termination or Refusal of Service. Dezins has the right to refuse service to anyone in accordance with Federal, State and local laws. Dezins retains the right to terminate service with its client(s) for non-compliance with this agreement.
Identity. Dezins provides identity services, including, but not limited to, language development, logo design and in-office marketing collateral for a fee according to these terms and conditions and the Client Service Agreement.
Internet. Dezins provides internet services including, but not limited to, web design, web hosting, e-commerce, custom software and programming, internet technologies, and e-marketing for a fee according to these terms and conditions and the Client Service Agreement.
Web Hosting. Dezins will post the Client’s website to our third party dedicated hosting servers for a fee according to these terms and conditions and the Client’s Service Agreement. Dezins has found the hosting provider to be an internationally recognized provider for secure and reliable web hosting. See Lawful Purpose below for content that is not allowed and restricted. Dezins is in no way responsible for system outages, maintenance or updates to client sites unless Dezins agrees to provide the Client these services, which will be detailed in client’s Service Agreement. If the Client elects to use another hosting provider, it is the Clients responsibility to arrange for these services. The client may choose to cancel hosting at any time. Hosting payments are made in accordance with the terms of this Service Agreement and are non-refundable.
Exposure. Dezins provides multi-media marketing and strategic advertising services, herein referred to as exposure, including, but not limited to, direct mail, television, online, and marketing collateral for a fee according to these terms and conditions and the Client Service Agreement.
Other Services. Dezins provides other services for a fee according to these terms and conditions and the Client Service Agreement.
Contract Rate. Contract rate is a specific fee for a specific service, which shall be detailed in the client’s Service Agreement. If a Client chooses to add to or change services under a contract rate, then the Client must pay additional fees, which will be detailed in the client’s Service Agreement, an amendment to that agreement, and/or a separate Service Agreement.
Hourly Rate. Hourly rate is a specific fee for one hour of service. If the Client chooses this rate, it will be detailed in the client’s Service Agreement, an amendment to that agreement, and/or a separate Service Agreement.
Travel Expenses. In this unusual event, a Client requests services that require Dezins personnel to travel. The client must pay for all reasonable expenses, which include transportation, lodging, and meals. This will be detailed in client’s Service Agreement, an amendment to that agreement, and/or a separate Service Agreement.
BILLING AND PAYMENTS:
Invoices. Invoices are sent to the Client by electronic mail. Payment is due upon receipt unless Dezins agrees to other terms with the Client, which shall be detailed in the client’s Service Agreement. The use of electronic facilities or agents, including mail, shall be in accordance with procedures established by Dezins and governed by the applicable provisions of the Uniform Electronic Transactions Act.
Retainer/Other Fee’s. All services require a predetermined retainer fee with the remaining balance due during the course of the project and/or when services are rendered. Once a client’s project is complete, the retainer fee and other applicable fees will be applied to original cost or amended cost. If the client chooses to postpone or terminate services prior to the completion of the project, the Client shall pay for all fees associated in the development of the project up to the point of termination or postponement minus the retainer fee. If Dezins does not incur any expenses prior to termination or postponement, the retainer fee will not be refunded except for very unusual circumstances to be determined by Dezins. In addition, if certain services take longer than one month to produce because of the Client, or if the project is ongoing, all fees associated with that service to date may be due monthly until the Client project is completed, which will be detailed in the service agreement. Dezins will not begin, continue or complete the Client project unless said payments have been received.
Payment types. Payment must be in the currency of the United States in the form of a check, money order, and/or cash. The Client may also use a credit card (Visa, MasterCard, American Express) to pay an invoice; Dezins charges a four percent processing fee for use of credit cards.
Insufficient funds. A Client will be charged and must pay all fees associated with returned checks. These fees shall include a $50 processing fee plus any bank fees that Dezins incurs as a result.
Final Project Proof / Payment. The Client agrees that once Dezins sends the Client a final project proof by e-mail, the client must review and work with Dezins to enact edits within 10 business days (Does not apply to websites. See Service Agreement timeline) from the date final proof was sent. The Client also agrees that after 10 business days from the date the proof was sent, the client’s project is complete and the final payment is then immediately due. If any further edits are necessary, then the Client agrees to pay additional charges.
Late Payments. Payment for services is due upon receiving a receipt of invoice, however, Dezins allows a 30-day grace period from the date of the invoice. The client must pay invoices no later than 30 days from the invoice date. If the Client’s website is hosted on a Dezins server, and the Client chooses to move the website to the Client’s own provider while the Client has an overdue invoice balance, Dezins will not allow and/or affect the services required to move the website until the invoice balance is paid in full, regardless if fees are for web services or not.
Deactivation/Debt Collection. Invoices overdue by 60 days may result in the deactivation of Clients website regardless if the invoice is for web services or not. When overdue payment is received, Dezins will reactivate Clients web service for a fee of at least $250 depending on the site size or other characteristics of the site. This fee must be paid to Dezins prior to site reactivation. Additionally, accounts 90 days overdue may be referred to a collection agency and/or attorney for collection. The Client agrees to pay all Dezins fees associated with collections that include, but are not limited to, collection fees, attorney fees, court cost, and Dezins processing fees. Additionally, the Clients website may be terminated and expunged from our server regardless if fees are for web services or not. Also, if applicable, the Client’s domain name will remain the property of Dezins until payment disputes are resolved.
Ownership. Once a Client has paid all applicable fees, the Client’s Product becomes Client property. If a Client’s Product should require maintenance, updates, and/or repairs due to glitches, internet technology changes, and vandalism, such as system hacking, then the Client must arrange and pay for services to rectify that just mentioned. Dezins is in no way responsible for these instances unless we agree to provide the Client these services, which will be detailed in Client’s Service Agreement. If in the unusual case that the Service Agreement is terminated prior to completion, then all ideas, concepts, designs, drafts, and proofs become the sole property of Dezins. In no way or resemblance is the Client allowed to duplicate or modify said Intellectual Property. Such duplication said or implied, will result in direct legal action as defined under the laws of The State of Louisiana and the United States of America.
E-Commerce and Control Scan Technology. E-commerce websites developed by Dezins meet all the standards of Payment Card Industry (PCI) and Data Security Technology and bear the ControlScan logo. Full compliance standards for ControlScan websites are available at www.controlscan.com.
Domain Name Registration. The Client agrees to pay Dezins prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Dezins Service Agreement for the initial registration of the domain name, and subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if the Client’s domain name registration is suspended, canceled or transferred prior to the end of the Client’s then-current registration term. The Client’s requested domain name will not be registered unless and until we receive actual payment of the registration fee and have confirmed the Client’s registration in an email from Dezins to the email address indicated in Client’s Service Agreement. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Dezins) in connection with the payments of the registration fee for the Client’s domain name registration, the Client agrees and acknowledges that the domain name registration shall be transferred to Dezins as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Dezins will reinstate the Client’s domain name registration solely at Dezins discretion. It is also subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Lawful purpose. Dezins will not develop, host service websites, nor provide any service that provides material that is grossly offensive, including pornography, blatant expressions of bigotry, racism, hatred, profanity, or displaying material that exploits children. Dezins reserves the right to refuse service to anyone. Customers may only use their sites for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Dezins’ management. Regardless of the place of signing this agreement, the Client agrees that, for purposes of venue, this contract was entered into in Baton Rouge, Louisiana, and any dispute will be litigated or arbitrated in Baton Rouge, Louisiana. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in East Baton Rouge Parish courts.
Indemnification. The Client agrees that it shall defend, indemnify, save and hold Dezins harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Dezins, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. The Client agrees to defend, indemnify and hold harmless Dezins against liabilities arising out of, (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Dezins, (2) any material supplied by the Client infringing or allegedly infringing on the proprietary rights of a third party, (3) copyright infringement, and (4) any defective products sold to the Client from Dezins’ Clients.
Web Content and Photos. All text and photo content for the Client website must be submitted according to the terms of the client’s Service Agreement.
Client Managed Pages and DEZINS Software Applications. Client managed pages and Dezins Software Applications are only available as long as the website is hosted on the Dezins server. Fees associated with implementation are for installation/support. The actual software is not purchased nor owned by the Client.
Disclaimer. Dezins will not be responsible for any damages the Client’s business may suffer. All of the products and services Dezins provides are above the standard codes of development and hosting. Dezins makes no warranties of any kind, expressed or implied, for services provided. Dezins disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Dezins and its employees. Dezins reserves the right to revise its policies at any time.