In these Terms and Conditions, the following terms have the following meanings:
“Video or web site” A service provided by Visitivity Media LLC.
“Organizers” Visitivity Media LLC including its representatives, agents and employees.
“Package” A video or web site built to promote your business or service.
“Agreement” The page accompanying these Terms & Conditions, which indicates information including the customer ’s selected number of packages, package price, payment terms and acceptance signature.
“Agreement” The Contract form, together with these Terms and Conditions, are collectively referred to as the “Agreement”.
Upon acceptance of the Client by Visitivity Media LLC, an agreement relating to the Package purchased by the Client will exist between Visitivity Media LLC and the Client as set out in these terms and conditions (“Terms and Conditions”), subject to amendment herein (the “Agreement”). Visitivity Media LLC has the sole discretion to accept or reject Client. Contracts and acceptance by Visitivity Media LLC is not effective until the Client contract is signed by both parties.
Licensor and Licensee
The Agreement creates no relationship between Client and Visitivity Media LLC other than that of licensor and licensee. If Client fails to pay any sum due or breaches any of these Terms and Conditions, Creative Circle Studios LLC has the right to revoke the license without prejudice to the right to recover all sums due from the Client, and any damages sustained by Visitivity Media LLC.
Reduction of Package
Where a Client wishes to reduce the value of the Package after its acceptance, notification must be received in writing.
The Client agrees to indemnify and hold Visitivity Media LLC and their agents harmless from all claims or liabilities (including reasonable attorneys’ fees and costs incurred in the enforcement of this Agreement) arising out of or relating to the Client’s activities, the Package, and the performance of this Agreement. Visitivity Media LLC does not maintain liability insurance with respect to claims by others against the Client or with respect to the Client’s property or persons in connection with the video or web site and the Client agrees to obtain such liability insurance.
If Client fails to make full payment for their Video or Web site when due, then Visitivity Media LLC may bring suit against the Client for non-payment, and Client hereby submits to the jurisdiction of the courts of the State of New Jersey. The non-payment action will be governed in all respects in accordance with the laws of the State of New Jersey. In any non-payment action, in addition to the unpaid charges owed to Visitivity Media LLC, Client will be liable for interest at the rate of 18% per annum, and will pay Visitivity Media LLC reasonable attorneys’ fees and costs for obtaining and enforcing a judgment.
Except for any non-payment action, any dispute or claim arising under or with respect to this Agreement will be resolved by arbitration in Florida before one arbitrator. The arbitration shall be governed by the American Arbitration Association rules. Judgment on the Award may be entered in any court having jurisdiction and shall be final and binding upon the parties. The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.
The validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the parties, shall be governed by the laws of the State of Florida.
In the event that any provision of this Agreement is held to be illegal, invalid, void or unenforceable by a court of competent jurisdiction, the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of Visitivity Media LLC and all of the remaining provisions of this Agreement shall remain in full force and effect.
Entire Agreement; Amendment and Waiver
These Terms and Conditions, together with the Client Contract Form constitute the entire agreement between Visitivity Media LLC and the Client regarding the Package and supersede all prior oral or written agreements of the parties. The Terms and Conditions and the Client Contract Form may not be modified, changed, waived, altered or amended in whole or in part except by an agreement in writing signed by both parties.
Visitivity Media LLC accepts PayPal, American Express, VISA, and Mastercard.
Visitivity Media LLC
116 Aviation Parkway, Cape Coral, FL 33904