Terms and Conditions

Table of Contents

Website Terms and Conditions

Welcome to WIN at Ecommerce. By using our website, you agree to comply with and be bound by the following terms and conditions of use. If you disagree with any part of these terms, please do not use our website.

Use of the Website

  • You may not use this website for any unlawful purpose or any purpose prohibited by these terms.
  • You agree not to interfere with the operation of the website or attempt to gain unauthorized access to any part of the website.

Intellectual Property

All content, design, graphics, and functionality on this site are owned by WIN at Ecommerce. Unauthorized use of any material may result in legal action.

Third-Party Links

This website may include links to third-party websites for your convenience. We do not endorse these sites and are not responsible for their content or terms of use.

Disclaimer

All information on this website is provided on an “as is” basis without warranties of any kind. WIN at Ecommerce is not liable for any errors or inaccuracies.

Changes to Terms

WIN at Ecommerce reserves the right to update these terms at any time. Continued use of the website constitutes your acceptance of the updated terms.

Terms for WIN at Ecommerce Clients, Effective 1/1/2025

Effective Date: The terms outlined below apply from the date specified in the signed agreement.

Background

  • The Client acknowledges that WIN at Ecommerce (d/b/a Didier Holding LLC) has the qualifications, experience, and abilities to provide marketing services.
  • WIN at Ecommerce agrees to provide these services as outlined in the agreement.

Term of Agreement

The term of this Agreement will begin on the date of the signed Agreement and will remain in full force and effect until project completion, subject to earlier termination as provided in the Agreement. The Term may be extended with the written or verbal consent (email is sufficient) of the Parties.

Long term Retainer Agreements will begin on the date of intital payment and continue until termination is requested as provided in the Agreement. Generally every 6 months the terms of the retainer Agreement will be discussed.  Retainer Agreements adhere to the provisions outlined in these Terms and payment is acceptance of these Terms.

Performance

Both parties agree to fulfill all obligations necessary to ensure the terms of the agreement are met.

Missed Appointments

We understand our clients are busy, and appointments are sometimes missed. However, missed appointments that have been confirmed must be rescheduled or cancelled one day before the appointment occurs. Failure to do so may result in a charge of $100 for rescheduling the appointment.

For missed appointments, your Account Manager may choose to send you a video of performance reporting. Any approvals, deadlines, or other timely concerns during Appointment calls are the responsibility of the Client. The Consultant, at their discretion, may choose to proceed with approving work completed to meet deadlines and other obligations when a Missed Appointment occurs. The Consultant will not be held liable for any mistakes arising from these decisions.

Revisions and Design Approval Guidelines

  • Clients are entitled to up to three rounds of revisions during Onboarding (the first 2 weeks after signing Agreement) and two rounds for each email.
  • Additional revisions are billed at $100 per revision.
  • Errors made by WIN at Ecommerce are corrected at no additional charge.

Currency

All monetary amounts are in USD (US Dollars).

Compensation

Payment terms are as outlined in the signed agreement. Payments are due upon receipt of invoices. Automatic payment options are available for your convenience. Late payments incur a 5.00% monthly interest rate after 30 days from the invoice due date.

Suspension and Termination

  • Services may be suspended if payment is overdue for more than 45 days.
  • The agreement may be terminated if payment is overdue for 90 days. The account will be considered in default.
  • The Client agrees to reiumburse any costs incurred in collecting overdue payments, including legal fees.

Reimbursement of Expenses

All pre-approved expenses related to the project are reimbursable, with examples provided upon request.

Confidentiality

All client data and information are treated as confidential and will not be disclosed without written authorization or as required by law.

Ownership of Intellectual Property

All work created under this agreement is the sole property of the Client.

Return of Property

All client property must be returned upon termination or expiration of the agreement.

Independent Contractor Status

WIN at Ecommerce operates as an independent contractor and is not an employee of the Client.

Right of Substitution

WIN at Ecommerce may subcontract work but remains fully responsible for deliverables.

No Exclusivity

This agreement is non-exclusive, allowing both parties to engage in similar agreements with third parties.

Notice

All notices must be in writing and sent to the (physical or email) addresses provided in the signed agreement.

You may contact WIN at Ecommerce at:
To: info@winatecommerce.com
Subject: Contract Notice

Didier Holding Co d/b/a WIN at Ecommerce

Indemnification

Both parties agree to indemnify and hold each other harmless from claims or damages arising from their actions under this agreement.

Limitation of Liability

WIN at Ecommerce is not liable for delays or performance issues caused by excessive (3+) revisions, last-minute Client changes, or non-response from Client (after a minimum of 3 attempts by WIN at Ecommerce are made to connect).

Governing Law

This agreement is governed by the laws of the State of Texas.

Severability

If any provision is deemed unenforceable, the remaining terms remain in effect.

Entire Agreement

This document constitutes the entire agreement between the parties.