TERMS OF SERVICE FOR FRYEADS.COM
This agreement is made between Westmetric LLC (“Company”) a corporation existing under the laws of California, USA, and the undersigned client (“Client”).
1. Payment Terms: The client will make payments for the services rendered through Stripe, Automated Clearing House (ACH), or bank wire transfer.
2. Due Date: Payment must be received within 35 days of each monthly service initiation. An invoice of the charges will be provided to the Client upon initiation of the services.
3. Late Payment: Payments received after 5 days from the close of the calendar month may incur a late payment penalty (as described below), as long as this has been communicated to the client in advance.
4. Late Payment Penalty: If the Company has not received the payment within the stipulated payment period, a late payment fee will be added to the invoice at the Company’s discretion.
5. Ownership: The Company retains all proprietary rights, including copyrights, to all contents, designs, artworks, software, or any other assets generated or delivered as part of the service execution. The Client is allowed to use the generated contents only for the duration of the partnership with the Company.
6. Limited License: The Client is provided a non-exclusive, non-transferable, revocable license to use the Company’s content (identified as all materials including, but not limited to, text, images, audio, video, designs, software, and other assets generated by the Company) solely in connection with the services contracted for, and only for the duration of said service contract.
7. Termination: Either party may terminate this agreement with written notice. Upon termination, all licenses granted herein shall cease, and the Client shall immediately cease use of any and all content created by the Company.
8. Indemnification: The Client agrees to indemnify, defend, and hold the Company harmless from any claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from the unauthorized use of any service or content provided by the Company.
9. Governing Law: This Agreement shall be governed by and construed under the laws of the State of California, without giving effect to its conflict of laws provisions.
10. Entire Agreement: This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior understandings and agreements between the parties, whether written or oral, regarding the subject matter hereof.
By engaging with the Company’s services, the Client is accepting these terms and will be bound by the stipulations outlined here. The Client’s continued usage of the Company’s services will be deemed as an agreement to these Terms of Service.
WestMetric LLC reserves the right to amend these Terms of Service at any time. Any alterations to these Terms will be effective immediately upon posting on the Company’s website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of our services following any changes or modifications will constitute your acceptance of such changes or modifications.
If any provision of these terms is, for any reason, held to be invalid or unenforceable, the other provisions of these terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Please read these Terms of Service carefully and ensure that you understand them before using our services. If you do not accept and agree to be bound by these Terms of Service, you must not access or use our services.
WESTMETRIC LLC – MAY 2024
