aStash Terms & Conditions
Last updated: July 25, 2018
By using astash.com, you agree to these Terms & Conditions and the general principles for the Site regardless of whether you have read through all of the applicable terms. Please read them carefully.
As used in these Terms & Conditions, “ASTASH, LLC”, “astash.com”, “aStash”, “aStash Designs”, “us” or “we” refers to ASTASH, LLC and its subsidiaries and affiliates.
You must accept all of the terms in these Terms & Conditions and all the linked documents before you become a registered user of the Site. By accepting these Terms & Conditions, you agree that these Terms & Conditions will apply whenever you use the Site or any service or business offered on the Site. If you do not agree with any of these Terms & Conditions, including any linked documents, do not use the Site.
ASTASH, LLC reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions and all linked documents. You can determine when these Terms & Conditions were last revised by referring to the “Last updated” legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions.
ASTASH, LLC reserves the rights at any time: modify or discontinue all or any part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users.
When you visit the Site, you are communicating with astash.com electronically. You consent to receive communications from astash.com electronically. ASTASH, LLC will communicate with you by email, in site messaging center, or by posting notices on the Site. You can retain copies of these communications. You agree that to the maximum extent permitted by law, all agreements, notices, disclosures and other communications that astash.com provides to you electronically satisfy any legal requirement that such communications be in writing.
ACCURACY OF INFORMATION PROVIDED BY YOU
You represent and warrant that any information that you provide in connection with your use of the Site is and shall remain true, accurate, and complete and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.
You may be required to register with astash.com in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you, and you may not use, a username (or email address): that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your username and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ASTASH, LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to all related information and files associated with it, and we shall not be required to make such information or files available to you after any such termination.
We make available products and services for purchase through the Site, and we may use third–party suppliers and service providers to enable e-commerce functionality on the Site. If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to astash.com the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice: to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
SERVICES TERMS (Agreement)
Copyright Usage: The rights granted to Client are for the usage of the Final Design in its original form only. Nonexclusive license to use, unlimited duration, worldwide, this website only, a client may not modify. All other rights to be negotiated separately.
Reservation of Rights
All rights not expressly granted above are retained by astash.com, including any electronic rights or usage, and including, but not limited to, all rights in sketches, comps or other preliminary materials. Any use additional to that expressly granted above requires an arrangement for payment of a separate fee.
Revisions may be made only by ASTASH, LLC at the Preliminary Design phase. Additional fees will be charged for revisions made after three preliminary design revisions, and for additions to project scope.
Provide all assistance and cooperation to aStash in order to complete the Website timely and efficiently. Provide initial information, maintain any databases on the Website, and supply all content for the Website. Register the Website’s domain name, select the Web-hosting company, and pay any fees associated with these activities. Make any changes or additions to the Client’s current systems, software, and/or hardware, at the Client’s own expense, that may be required to support the operation of the Website.
Client agrees to pay astash.com an initial, non-refundable deposit of fifty percent (50%) upon project commencement, remaining fifty percent (50%) upon project completion. If the client pays for the services online on this site he or she agrees to pay the entire fee of 100% upon project commencement. In case of project cancellation or contact termination aStash has a right to choose to refund a client at a maximum of 50% of the initial fee.
Payment due net ten (10) days from issuance of invoice. A two percent (2%) monthly service charge will be billed against late payments. Grant of copyright is conditioned upon receipt of final payment, and upon Client’s compliance with the terms of this agreement.
In the event of Cancellation, ASTASH, LLC will be compensated for services performed through the date of cancelation in the amount of a prorated portion of the fees due. Upon cancellation, all rights to the website revert to astash.com and all original art must be returned, including sketches, comps, or other preliminary materials.
Astash reserves the right to include a screenshot of the completed work in his portfolio. ASTASH, LLC may include a byline and link on the bottom of the Client’s Website establishing authorship credit.
Astash retains all rights in and to all Preliminary Works. Client shall return all Preliminary Works to aStash within thirty (30) days of completion of the project and all rights in and to any Preliminary Works shall remain the exclusive property of aStash.
Permissions and Releases
The Client agrees to indemnify and hold aStash harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.
This Agreement allows aStash access for minor web site maintenance to Website pages over a 30 day period (the “Maintenance Period”). This refers to an average of 15 minutes per page or 5 hours a month per site, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, adding or editing functionality, attempted updates by Client repairs or web design projects delivered to the Client via FTP, CD, or hard drive. The 30 Days Free Maintenance Period begins on the date the Client’s Website is published to the Client’s hosting service or 30 days from the Effective Date, whichever comes first.
After 30 days of the website launch, maintenance will be provided to the Client at aStash standard professional rate of compensation. Very minor page code changes will be included, but major page code and/or database structural changes will be charged at the Developer’s applicable hourly rates.
ASTASH, LLC agrees, during the Term and thereafter, to hold in strictest confidence, and not to use, except for the benefit of the Client, or to disclose to any person, firm, or corporation without the prior written authorization of the Client, any Confidential Information of the Client. “Confidential Information” means any of the Client’s proprietary information, technical data, trade secrets, or know-how, including, but not limited to, research, product plans, products, services, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information disclosed to aStash by the Client either directly or indirectly. ASTASH, LLC may use the Confidential Information to the extent necessary for negotiations, discussions, and consultations with Client’s personnel or authorized representatives or for any other purpose the Client may hereafter authorize in writing. Astash agrees not to use graphics, text, or design custom made for the client in any other projects.
When you buy any services from aStash, you agree to these Terms & Conditions (Agreement). This Agreement constitutes the entire understanding of the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. No terms attached to any check for payment under this Agreement can modify the Agreement except under an independent instrument in writing signed by both parties. Any dispute arising out of this agreement will be resolved by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions.