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1. INTRODUCTION
Welcome to Hyper6.com (“Hyper6” or “Site”) website and graphic design. We’re glad you chose us, and we wanted to let you know about these terms as they govern your use of the Site and the services we offer. Before you place an order, we require that you agree to these Terms of Service (“Terms” or “Agreement”).
For the purpose of these Terms of Service, the words “we,” “us,” “badass designers” refer to HYPER6.com. “You” means you, the person who is reading these Terms of Service. “Site” and “Hyper6.com” refer to our website, http://www.Hyper6.com.
2. ORDERS AND PAYMENT
When placing an order on Hyper6.com you will be required to fill out certain information, and in doing so you agree to only provide truthful and accurate information. Once you fill out your order form we may directly send you an invoice for the cost of the work, of which we will require payment in full before beginning any project. We are not liable if you fail to make any payment, whether or not we have sent an invoice for a project. All pricing on our site or in an invoice is subject to change at any time. If any additional work is requested, or if there are requests for modifications that are in excess of the norm, which Hyper6 reserves the right to determine, then you shall be liable for any amounts incurred at Hyper6’s normal hourly rate or at a rate/fee agreed upon by both parties.
We reserve the right to cancel or modify any invoice or order, whether or not it has already been paid for, and for any reason. For example, some people may place an order and wait several days/weeks/months before making payment during which time we have raised our prices. If that happens you will be responsible for any increases in price and must pay that amount in full before we will begin work. This is merely an example, and does not include all the scenarios in which we may modify or terminate an order.
By placing an order you agree to pay for the services you requested, and that your credit card or other payment method will be honored. Although we may provide credit terms to certain people, we reserve the right to demand payment in full at any time. We retain any and all copyrights in any work we have done, and will not release or assign any interest in the intellectual property rights until we have been paid in full. We reserve the right to take any and all available actions against you, or others, for your failure to pay the amounts in full including, but not limited to, sending cease and desist notices, DMCA takedowns, or filing injunctions to protect our rights.
Once you have made payment or if we have extended credit to you once we have begun work, we are under no obligation to provide a refund and you remain responsible for any and all outstanding payments.
3. PROHIBITED CONDUCT
Certain actions may compromise the safety and quality of our Site. Therefore, the following is prohibited: Deceive us when signing up to Hyper6.com, including misrepresenting whether you own any and all content you provide to us Use any of our work to spam people or induce others to spam people Hack, crack, phish, or otherwise compromise the security, safety, or privacy of Hyper6.com, its network, website, servers, or users. Secret shop us
Infringe on other’s intellectual property rights, including copyrighted material and trademarks. Run any script or other program which is designed to search, index, or aggregate Hyper6.com without our express permission. Defraud others.
4. ADVERTISING AND FTC DISCLAIMERS
Hyper6 only designs based upon the specifications that we receive or the content you provide. We make no representations as to the legality of any claim, or whether any description of a product or service is accurate. It is your responsibility to vet any and all creative that is provided, as well as any final product that results, with your legal team. You agree to hold us harmless and indemnify us for any loss that may occur as a result of any dispute or issue that involves our work.
5. INTELLECTUAL PROPERTY
As a user of Hyper6.com, you will be providing us with content. You agree that you own any and all intellectual property rights in the content you provide. You also agree that Hyper6 may use any final work product, including the content you provided, in its portfolio and may aggregate, modify, or display it for commercial or noncommercial purposes on its site, in marketing materials, or other medium in which Hyper6 may attract new clients. You agree to indemnify us for any damages resulting from any intellectual property rights that you infringe.
6. WAIVER
The failure to enforce any provision of this Agreement will not constitute a waiver of this Agreement or of any breach that may occur or default.
7. INDEMNIFICIATION
You agree that you will indemnify and defend Hyper6 and its directors, officers, employees, agents, contractors against any liabilities, including reasonable attorneys’ fees and court fees and disbursements, which arise from or related to your use of Hyper6.com.
8. DISPUTE RESOLUTION
We recognize that our users may live in a number of different states or even countries with varying legal systems. So a few things: (1) By viewing or using Hyper6.com you agree that it is a passive website, which means we (Hyper6.com and its owners) are not subject to jurisdiction anywhere other than as outlined below; and (2) For the sake of keeping things uniform and running smoothly, we need to select one jurisdiction that we can agree to solve disputes in, regardless of where a user is located. Therefore, you agree that these Terms of Service, and any breaches of it, are deemed to occur in Victoria, British Columbia, Canada. Meaning, the laws which apply to these Terms of Service are those applicable in Victoria, British Columbia, Canada.
In addition to the above, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, IT IS PERMANENTLY BARRED.
9. SURVIVAL OF AGREEMENT
If any part of this Agreement is struck down or held to be unenforceable, the rest of the Agreement shall remain in full force and effect with the provision that has been stricken having been removed.
10. WORK PRODUCT
All pictures, audio, video, artistic works, website layout(s), links, code, and all works of authorship, including all worldwide rights therein under patent, copyright, trade secret, or other property right, created or developed by Hyper6 pursuant to this Agreement (collectively “Work Product”) specifically for Client shall remain the sole and exclusive property of Hyper6 unless and until the balance owed to Hyper6 is paid in full. Any work that is considered “proprietary” will remain the intellectual property of Hyper6 and once paid in full Client shall receive a non-exclusive, revocable, license to use the proprietary work of Hyper6.
11. COPYRIGHT INFRINGEMENT
Hyper6 is opposed to copyright infringement. As such, we are registered in accordance with the Digital Millennium Copyright Act (“DMCA”) to receive notices of infringement. To send us a DMCA takedown notice, please contact:
Legal Department
C/O HYPER6
[email protected]
The DMCA notice should identify the name of the copyright owner and if applicable, your name if you are someone other than the owner, the title (and preferably URL, if Internet-based) of the work being infringed, the location of the infringing material on Hyper6.com, and the following statement:
I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must sign the notice, and if you send it by e-mail, an electronic signature is fine.
12. THIRD PARTY SHARING
Hyper6.com may contain, or you may be sent to, third party content, such as music, videos, images, information, software, and other content belong to or originating from third parties, such as YouTube, Facebook, and MySpace. Hyper6 is not responsible for this content, and any availability of the content on the Hyper6 website does not imply our endorsement of it.
13. NO REFUNDS AND NO GUARANTEES
Under no circumstances will Hyper6 be obligated to refund any payments. Furthermore, you agree that our services are not guaranteed, meaning that our work may not produce the results you desire, make you rich, or drive traffic to your site.
14. NO WAIVER OF ENFORCEABILITY
We at Hyper6 can be a pretty easygoing crowd, so we may, in our discretion, let breaches of these Terms of Service slide. However, that doesn’t mean that we’re relinquishing any of our rights to raise a dispute over those breaches in the future. Any failure of Hyper6 to enforce any portion of the Terms of Service against you or anybody else is not an indication that we won’t enforce them in the future, and the relevant terms should be considered to remain in effect.
15. FORCE MAJEURE
Even if we would otherwise be responsible for damages, you agree not to hold us liable for any damages caused to you that arise from circumstances beyond our control, including but not limited to acts of God, war, terrorism, riots, insurrection, acts of civil or military authorities, zombie attacks, fire, floods, accidents, strikes, failure of communications, or shortages of transportation facilities, fuel, energy, labor, materials, or any other important infrastructure.
16. LIMITATIONS ON LIABILITY; WARRANTY
HYPER6.COM, ITS USE AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, AND WE MAKE NO REPRESENTATIONS. THIS SUPERCEDES ANY CLAIMS MADE ORALLY OR ON OUR SITE. HYPER6 MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE HYPER6.COM WEBSITE, OR ANY OF THE PRODUCTS OR SERVICES SOLD THROUGH HYPER6.COM, AND IN NO EVENT SHALL HYPER6.COM OR ITS DESIGNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF HYPER6.COM, ITS PRODUCTS AND/OR SERVICES OR YOUR DISPLAY OF ANY MATERIAL, CONTENT OR DESIGNS ON OR THROUGH YOUR WEBSITES AND/OR E-MAILS AND/OR ANY OTHER INTELLECTUAL PROPERTY INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES EXCEPT WHERE PROHIBITED BY VIRTUE OF LAW, EVEN IF HYPER6 OR ITS DESIGNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HYPER6, ALONG WITH ANY MATERIALS, OFFERS, PROGRAMS, DATA, ADVERTISERS’ UNDERLYING PRODUCTS AND SERVICES, INFORMATION AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). HYPER6.COM AND/OR AFFILIATED COMPANIES’ UNDERLYING PRODUCTS AND SERVICES MAY CONTAIN BUGS, ERRORS, GRAMMATICAL OR TYPOGRAPHIC ERRORS, PROBLEMS OR OTHER LIMITATIONS. HYPER6 AND/OR ADVERTISER HAVE NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY, FOR YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICE, MATERIALS, DESIGNS, PROGRAMS, DATA AND/OR AFFILIATED COMPANIES’ UNDERLYING PRODUCTS OR SERVICES AND HYPER6 DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT YOUR USE OF SAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY OF THE PROGRAMS WILL BE AVAILABLE TO YOU. THE NEGATION OF DAMAGES SET FORTH HEREINABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES INVOLVED, INCLUDING YOU AND HYPER6. YOU AGREE AND ACCEPT THAT THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT THE LIMITATIONS SET FORTH. HYPER6 MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE SITE, MATERIALS, DESIGNS, DATA AND/OR PROGRAMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HYPER6, THROUGH THE SITE, NETWORK, OFFERS, DATA AND/OR PROGRAMS SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION(S) MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, HYPER6 AND/OR AFFILIATES’ LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMISSIBLE BY LAW. THIS SECTION WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
17. SERVICE, SUPPORT, AND OTHER ISSUES
We are available Monday-Friday from 8am until 4pm PST. All requests for support, billing, or technical issues should be made directly through our site. Any and all information or conversations between Hyper6 and you should be considered confidential. All prices or other materials that we provide are also considered confidential.
18. MONEY BACK GUARANTEE
If for some reason, you think we suck and want your money back you must tell us within 24 hours of receiving the first draft that you want a refund. There will beNO REFUNDS GIVEN AFTER 24 HOURS OF SENDING YOU THE MOCKUP. NO REFUNDS ARE GIVEN ONCE ANY REVISIONS HAVE BEEN MADE OR CODING HAS STARTED.
19. LATE PAYMENT POLICY & FEES
We reserve the right to charge any clients who are late on payment a 10% compounded interest fee per month of said balance, until the payment has been made in full.
20. REFUNDS
No refunds of any kind (partial or full) will be given once a project has been booked in.
21. CHANGES, EDITS OR REVISIONS
At hyper6 we offer 3 free rounds of revisions on all projects. After 3 rounds, revisions are billed at $65/hour. A "revision" constitutes any individual or round of "edits" or "changes".
22. "SLOW PROJECTS"
From the time a project is booked in, you have six (6) months to start your project or we reserve the right to cancel it and keep any funds received. We put a lot of planning into projects, and set aside time slots and allocate resources in order to perform the work.
1. Introduction
Taking pride in what we do is only part of what it requires to be the best. We also understand the business. This is one of the most important factors people overlook. Do you want somebody who knows absolutely nothing about sales, marketing or design creating your website? Of course not. We bring over 15 years of Web Design experience, and 8 years of Internet/Affiliate Marketing experience to help you achieve your goals.
2. Legal Definitions
Throughout this Privacy Policy the terms and phrases “us”, “we”, “the company”, “the site”, “the program”, ” Hyper6.com” or “Hyper6” refer to the Site, Company, and any third party where applicable. Terms defined as “you”, “member”, or “user” define anyone utilizing this website.
3. Your Information
Certain parts of our site, like the contact and quote forms, may ask you to provide information about yourself, such as an email, username, or website if applicable. This information is known as “Personally Identifiable Information” (“PII”). We reserve the right to share the information that you have provided so long as it is consistent with this Agreement.
Non-Personally Identifiable Information may also be collected through your use of the Site. This may be done via our ISP and includes your IP address, other pages you may have visited, and the type of browser you use. This information is used to help us administer our site and provide services to you. If you are in a country that does not allow for the collection of this type of information you must inform us immediately or not use this Site.
4. Securing Your Account
At some point we may provide you with a login to our site to view our progress on your project. You agree that you must never share your account information with any other person. If your Hyper6 account or the e-mail account associated with your login, becomes compromised, you should immediately change the login details for both your e-mail and other accounts to secure your information
5. Tracking Cookies
Our Site, like most others, uses cookies to store non-identifiable bits of information about your computer to reduce the amount of time you must wait for pages to load, amongst other things. They also help us to understand how you interact with the Site, and allow for enhanced marketing capabilities, including behavioral targeted advertisements.
6. Data Storage
We use effective and reasonable security measures to protect your data and only share it to the extent that is authorized by this Privacy Policy, or necessary to maintain our operations, or for other legal use. More specifically, but without limiting the generality of the foregoing, we use a third party to provide us with server space where our website and its users’ personal information are stored. We may also need to bring in outside assistance to help us work on our site and they may have access to your personal information.
7. Law Enforcement
We may choose to disclose your personally identifiable information if we believe it is reasonable to do so in order to protect persons or property, assist law enforcement in a bona fide investigation into allegations of illegal activity. We may also release such information in the event in respond to legal requests or subpoenas.
8. United States COPPA Compliant
We comply fully with the Children’s Online Privacy Protection Act (COPPA) in the United States, in addition to all Canadian and EU privacy laws. We do not allow any users under the age of thirteen to use our service. However, if you become aware of the existence of a user who is under the age of thirteen, contact us immediately with details. If you have been reported as being below thirteen by another person, we may request a copy of your photo ID as a condition of your continued use of our service.
9. California Online Privacy Protection Act (ONLINE PRIVACY PROTECTION ACT OF 2003 – OPPA)
Hyper6 does our best to comply with California states online privacy legislation. We don’t disclose personal information unless it is for a purpose described in this Privacy Policy or you have specifically opted in to do so. If you have any questions about how we collect, use, or disclose your information, please contact us [email protected]
10. Amendments
We may change our Privacy Policy from time to time. Therefore, we encourage you to visit our “Privacy Policy” page frequently to ensure that you are aware of the current version in effect. The fact that you were not notified by e-mail of a change in the Privacy Policy will not affect the validity of that change, so you should be sure to check the Privacy Policy each time you visit our website.