Terms & Condition

Terms And Conditions

Last Update: 03 July, 2012

By using Inventive Identity, and signing up as a Client, you agree to be legally bound by these Terms and Conditions, including those terms and conditions incorporated by reference. Please read these terms carefully. If you do not accept these Terms and Conditions stated here without modification, you may not use the Inventive Identity services. Inventive Identity may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. In these Terms and Conditions, Inventive Identity, the Inventive Identity service, all services related to it, and all text, images, photographs, user interface, “look” and “feel”, data and other content included in it from time to time (including, without limitation, the selection, coordination and arrangement of such content) are referred to as the “Web Site” or “Service”.

1.Authorization.

The named client is engaging Inventive Identity, as an independent contractor for the specific web design project of developing and/or improving a web site, hereinafter referred to as “web design project” which may be installed on the client’s account on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer, hereinafter refer to as “Hosting Service” if required to perform services. If required to perform services the client hereby authorizes Inventive Identity to access this account and authorizes the Hosting Service to provide Inventive Identity with “full access” to the client’s account and any other programs needed for this web design project that are included as part of the client’s service agreement/level.

2.Acceptable Use.

An acceptable use policy is part of these terms and conditions of hosting any information associated with the domain name. This is necessary because the proliferation of abusive electronic mail and practices generated by a minority of the Internet users can interrupt services. The exhibit with the description of the acceptable use policy is posted on our website and the exhibit is part of these terms and conditions.

3.Eligibility Requirments.

The Client must be at least 18 years of age, agree to these Terms and Conditions and the Privacy Policy, and complete the on-line form. By asking for our services, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the ordering process is complete and accurate and, if you are ordering services on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions. Inventive Identity may accept or reject your order in its sole discretion.

4. Copyright and Trademarks.

The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Inventive Identity for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Inventive Identity and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

5. Responsibility for Content, Representations, Warranties & Covenants.

Inventive Identity shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, Inventive Identity makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation), any Creative Brief, Revision brief, Term Sheet, Response or User Identity (as defined hereafter) that are communicated through, or posted to, the Service, whether by Members, Clients, Inventive Identity or otherwise, nor does Inventive Identity endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing, Inventive Identity makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to this Agreement. Client acknowledge that any reliance on information or other material, including, without limitation, any Service, Term Sheet, Response or User Identity, communicated through the Service, or posted to the Web Site will be at your own risk. Without limiting the foregoing, each Client agrees and acknowledges that it uses each Response at its own risk and that it is responsible for taking any actions it deems reasonable to determine whether its use of a Response will infringe any third party intellectual property, privacy or publicity rights.

6. Web Site Support.

This agreement allows for minor web site maintenance to pages over a 3-month period, up to 12-months depending on the package chosen by the client or contract agreed and signed between the client and Inventive Identity, including updating lines and making minor changes to a sentence or paragraph. It does not include updating or replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by client repairs or web design projects delivered to the client via diskette. The period of 1 month begins on the date the clients web design site has been published to client’s hosting service or 30 days from the date this agreement was signed, which ever comes first. If the client’s web design package includes database access using Server Side Script, then very minor page code changes will be accepted under this maintenance plan. Major page code and/or database structural changes will be charged at current hourly rates.

7. Completion Date.

Website Design and Development

Inventive Identity and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project no later than 40 business days after the client has submitted all necessary materials. If the client does not supply Inventive Identity with complete text and graphic content for this web design project within 60 business days of the date this agreement was signed, the entire amount of the agreement becomes due and payable. If the client still has not submitted all the required contents within 90 business days after signing this agreement, an additional continuation fee of 15% of the total agreement price can be assessed for each month until the web design project is published or the client cancels the web design project in writing.

Logo Design,Print Design and Graphics Design

The Client agrees to provide timely responses to Inventive Identity after receiving status notifications from Inventive Identity. The Client shall have 15 days to respond to each set of designs sent to the Client for review. If after 15 days the Client has failed to respond, Inventive Identity will assume the Project complete and the Project shall be deemed to be complete. At such time, Inventive Identity shall will have no further obligation to the Client, and the Client shall pay Inventive Identity all fees and expenses associated with work performed by Inventive Identity. In rare cases, if the Client feels that it may take him more than 15 days to respond then he is requested to inform Inventive Identity accordingly, so that Inventive Identity keeps the project in active state.

8. Project Delivery.

The web site design project delivery shall be completed upon receipt of the payment associated with delivery. Delivery may be accomplished by publishing, electronic transfer, or physical media. The client understands that Inventive Identity may not be providing any hosting services in connection with this web design project. Hosting services may require a separate contract. The client will be solely responsible for all hosting service charges. The client assumes all responsibility for the use and functionality of the web design project.

9. Ownership, Right To Use.

Web Site and Service Generally

Except as expressly contemplated under this Agreement, as between Inventive Identity and the Client, Inventive Identity will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site and Service, in all media now known or later devised, to the full extent provided under Canadian and United States and international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web Site or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, of Inventive Identity, including “Inventive Identity”, without the prior written consent of Inventive Identity who may agree or refuse in its sole discretion for each such request.

Rights of InventiveIdentity.com

The Client grants Inventive Identity and its mother company a royalty-free, perpetual, irrevocable, sublicenseable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, the designs provided by Inventive Identity, for the full term of any intellectual property rights that may exist in such designs to the extent necessary to provide the Client with the Service and the designs.

Rights of the Client

Subject to the Client’s compliance with the terms and conditions of this Agreement, the Client shall own the final design provided to the Client by Inventive Identity hereunder. The Client shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final design, with such right, title and interest expressly reserved to Inventive Identity. The Client acknowledges and hereby grants to Inventive Identity the right to use Creative and Revision Briefs, as well as individual designs provided to the Client, for internal and filing purposes, and in order to display and promote the Inventive Identity Service. The Client acknowledges that his rights under this Agreement shall be limited solely to the final design chosen by him and that no trade or service marks in or to such final design is being conveyed under this Agreement. The Client acknowledges that Inventive Identity shall have no obligation or duty to perform trade or service mark searches or inquiries, or the like, in order validate the propriety or legality of the provided compositions.

Until final design is approved as per standard contract with Inventive Identity, all logos, artwork, concepts and designs remain the copyright and exclusive property of Inventive Identity. This material may not be reproduced in any other way without the prior written consent of Inventive Identity or our agents. of Inventive Identity reserves the right to utilize and/or reproduce any image, logo or illustration created by InventiveIdentity.com, in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. By placing an order to Inventive Identity, you agree and consent to these terms and conditions.

Accordingly, the Client is encouraged to perform its own independent searches with regard to the designs provided by Inventive Identity. Furthermore, The Client acknowledges that Inventive Identity shall have no responsibility or obligation of any kind to assist the Client in seeking state or federal intellectual property protection (i.e., without limitation, trademark registration) for the designs, nor shall Inventive Identity be responsible in otherwise assisting the Client in any way in the Client’s perfection of the Client’s rights in or to the designs.

Ownership (copyright and title) of the final artwork become the property of the Client, having unlimited, indefinite, and royalty-free use of the image upon payment of all fees. Inventive Identity retains rights to display the artwork in its portfolio and advertising materials. Inventive Identity retains the Copyright to all concepts, comprehensives, or other preliminary materials, which are not selected by the Client or are not included into the final delivery.

InventiveIdentity.com expects the Client to perform researching on their company name to be sure the name is not already in use and securing a copyright, trademark or service mark to protect the Client’s legal rights to any name or image. Inventive Identity is not and will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image. Inventive Identity is not responsible for researching nor infringing any trademark violations that may or may not arise in our dealings with the Client and his/her agents. All trademark matters are the full responsibility of the Client.

In case you order an exclusive right to the pre-made logo design, you will own all rights to the logo once you make full payment. Pre made designs are sold to the Client from whom payment is first received. A pre-made logo with Exclusive Right once sold to a Client will not be sold to another Client.

Licensing the font used in the logo (both Custom and Pre-Made) is the responsibility of the Client.

InventiveIdentity.com will hold your logo design files in our archives for 1 year from the time of ordering. This service is not guaranteed so it is advisable to keep safe your files once delivered. Inventive Identity may charge a reasonable amount for re-supplying the logo or design files from our archives after the initial delivery.

Should the Client require additional artwork beyond the scope of the ordered design service package (either concurrently with the logo project or at a later date), the Client will be offered a Free Quote for the Additional Services. Additional work will be done after the Client pays for the add-on services in advance.

10. Publishing.

If the Project Delivery includes publishing, Inventive Identity will make a good faith effort to accommodate client’s requested method of publishing. In the event Inventive Identity is not able to accommodate the request method of publishing the following statements apply. Inventive Identity may use WEBDAV, FTP, SFTP or SCP to publish to the site. If publishing to a hosting service is not feasible the information may be delivered on CDROM or it will be available on our database.

11. Electronic Commerce Laws.

The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend Inventive Identity and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client’s exercise of Internet electronic commerce.

12. Web Design Project Copyright.

Original web site content specifically requested by the customer and designed under work for hire shall be the intellectual property of the customer once final payment under this agreement and any additional charges incurred have been paid. Rights to clipart, photos, graphics, source code, work-up files and computer programs that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of their respective owners. Inventive Identity and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.

13. Payments.

Payments must be made promptly based on the agreed schedule. Delinquent bills may be assessed a $10 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty may be added for each month of delinquency. Inventive Identity reserves the right to remove any web design project from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by an authorized representative Inventive Identity. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this agreement was entered into in Makati, Philippines and any dispute will be litigated or arbitrated in Makati, Philippines. Please pay on time. All payments will be made in US $ funds unless agreed upon in writing by both parties. Typical downpayment structure may be as follows:

Website Design

• Projects under $250.00; payment by ordering
• Projects over $250.00; 50% by ordering and 50% by publishing.
• Projects over $1,000.00; agreed in writing a down payment and payments by milestones.

14. Refunds.

If the Client is not satisfied with the Logo, Print and Design Services provided by Inventive Identity, Client may request a refund by completing the Refund Request form which will be provided to the Client upon request. Upon timely receipt of the completed form, Inventive Identity will refund the total payment made by the Client.

Acceptance of such refund shall constitute the Client’s sole and exclusive remedy with respect to such Logo, Print and Design Services concepts. Should the Client receive such refund, Client acknowledges that it will have no right (express or implied) to use any concept or other work product, content, or media, nor any ownership interest in or to the same.

The refund policy will not take effect:

• If you have already confirmed or approved the acceptance of a design, we cannot provide a refund. Your approval represents an acceptance of the final project and serves as an implicit statement of satisfaction.
• If you have failed to communicate with us for more than sixty days, any refunds will be at the discretion of Inventive Identity management.
• If the company for whom the design was performed should close, change its name, or undergo other alterations rendering a design ill fitting, we cannot issue a refund.
• If you purchased a “Special Offer” or “Promotions” that does not constitute one of our standard services as advertised.

15. Legal Notice.

Inventive Identity does not warrant that the functions contained in the web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of the web design project is with the client. In no event will Inventive Identity be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or site visitor’s computer or Internet software, even if Inventive Identity has been advised of the possibility of such damages.

16. Nondisclosure and Privacy.

Inventive Identity intends to use commercially reasonable efforts to follow its privacy policy, as such privacy policy may be changed from time to time at Inventive Identity’s sole discretion. Any data gathered from you about you or your company will not be disclosed to any third party. We ensure that your critical data is always protected, no matter what your information may be. However, we are legally bound to reveal information, including personal information, if law enforces it. Notwithstanding the foregoing,Inventive Identity cannot and does not assume any responsibility or liability for any information provided by the Client to Inventive Identity which may be disclosed by accident or by third parties’ illegal acts. Notwithstanding the foregoing,Inventive Identity cannot and does not assume any responsibility or liability for any information submitted to the Web Site or for the use or misuse of any information submitted by you or any other person, including, without limitation, any information accessed by a hacker or by any other malicious act.

17. Disclaimers, Limitations of Liability.

The Service serves solely as a venue for the creation of work and InventiveIdentity.com does not screen or censor any information or material posted to the Web Site. Although InventiveIdentity.com makes commercially reasonable efforts to determine the identity of Clients, Inventive Identity cannot and does not confirm that any Client or other user is who they claim to be or that any Client or other user has the qualifications he or she claims to have. Because InventiveIdentity.com does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, if you have a dispute with one or more users, you release InventiveIdentity.com (and our affiliates, agents and employees) from all claims, demands and damages (actual, consequential, direct, indirect, incidental, special and exemplary) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

THE SERVICE AND THE RESPONSES ARE PROVIDED “AS IS.” INVENTIVEIDENTITY.COM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO THE Client OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR OTHER CONTENT THAT MAY BE PROVIDED BY INVENTIVEIDENTITY.COM.

THE CLIENT ACCEPTS THAT THE ELECTRONIC DEVICES AND SOFTWARE USED BY THE CLIENT TO REVIEW THE DESIGNS PROVIDED BY INVENTIVEIDENTITY.com MAY DISTORT THE COLORS, SHAPES AND EFFECTS USED TO CREATE THE SAMPLES. INVENTIVEIDENTITY.COM DISCLAIMS ANY WARRANTY RELATED TO THE ACCURACY OF THE OUTPUT DEVICES USED BY THE CLIENT -WHATEVER ITS NATURE- AND KEEP THE RIGHT TO STATE THE SPECIFICATIONS OF A GIVEN DESIGN BY USING STANDARD COLOR, MEASURE AND DESIGN CODES. THE Client WILL ACCEPT THOSE SPECIFICATIONS AS THOSE CORRESPONDING TO THE CHOSEN DESIGN.

INVENTIVEIDENTITY.COM DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INVENTIVEIDENTITY.COM DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, QUALITY OR OMISSIONS IN THE SERVICE, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY INVENTIVEIDENTITY.COM OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANYOF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET THE CLIENT’S NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

NEITHER INVENTIVEIDENTITY.COM NOR ANY THIRD PARTY SHALL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES WHATSOEVER RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, WHETHER ARISING UNDER THESE TERMS AND CONDITIONS OR APPLICABLE LAW, INCLUDING CONTRACT, TORT, STATUTORY, OR ANY OTHER LAW.

IN NO EVENT SHALL INVENTIVEIDENTITY.COM OR ANY THIRD PARTY BE LIABLE TO YOU OR ANOTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE PROVIDED BY INVENTIVEIDENTITY.COM, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE DESIGNS PROVIDED BY INVENTIVEIDENTITY.COM, EVEN IF INVENTIVEIDENTITY.COM OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

18. Indemnification.

Upon a request by InventiveIdentity.com, you agree to defend, indemnify and hold harmless InventiveIdentity.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities to, claims of any third party due to or arising out of your violation of any of these Terms and Conditions, and any expenses, including, without limitation, reasonable attorneys fees, incurred in connection therewith.

19. Termination.

InventiveIdentity.com reserves the right, in its sole discretion, to terminate the Service, at any time, with or without notice. In the event of such termination, InventiveIdentity.com will work with the Client to determine the amount of any refund (if any) to be paid to the Client as a result of such termination. Should the Client’s use of the Service result from the Client’s material breach of the terms and conditions of this Agreement, or any other agreement to which InventiveIdentity.com and the Client are a party, the Client shall not be entitled to any refund, unless otherwise mutually agreed upon by the parties.

20. This Agreement.

This agreement constitutes the sole agreement between Inventive Identity and the client regarding this web design project. Any additional work not specified in this contract must be authorized by a written request. All prices specified in this contract will be honored for 3 months from date offered. Acknowledgement of agreement after that time will require a review of current pricing and new agreement. This agreement supersedes any prior written or oral agreements between the parties.

21. Amendment.

This agreement may be modified or amended if the amendment is made in writing and is signed by both parties.

22. Severability.

If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed written, construed, and enforced as so limited.

23. Waiver of Contractual Right.

The failure of either party to enforce any provision of this agreement shall not be construed as a waiver of limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this agreement.

24. Governing Law.

This agreement shall be governed by and interpreted and enforced in accordance with the laws of the Republic of the Philippines applicable therein without reference to rules governing choice of laws. Any action relating to this agreement must be brought in Makati, Philippines and you irrevocably consent to the jurisdiction of such courts.

25. Notices.

Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender, in the case of notice to us to [email protected] or authorized representative, in the case of notice to you, at the e-mail address provided by you in this agreement, in your WHOIS record for the website domain name or as updated from time to time. Mail shall be sent to Inventive Identity, 2333 Tejeron St. Sta Ana, Manila, Metro Manila, 1009, Philippines and to you at the mailing address provided in this agreement or as updated in writing. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. Philippines Standard Time and otherwise on the next business day. Any communication sent via regular mail shall be deemed to have been validly and effectively given 5 business days after the date of mailing.