Terms and Conditions of Use – Website and Client/Operating

This Web site is operated by Ascendant Advertising & Communications Agency, LLC. ( also referred to as “Ascendant or Ascendant Agency or Ascendant Advertising & Communications”). We at Ascendant concluded you agree to the following terms and conditions in Section 1 of 2 if you use this Web site.

Terms & Conditions – Website (Section 1 of 2)

This Web site is operated by Ascendant Advertising & Communications Agency, LLC. ( also referred to as “Ascendant or Ascendant Agency or Ascendant Advertising & Communications”). We at Ascendant concluded you agree to the following terms and conditions in Section 1 of 2 if you use this Web site.

  1. Copyright

             Copyright on this Web site and on the individual written portions, photographs, moving images, music, sounds and other copyright material (collectively known as “Content”) belong to Ascendant Advertising & Communications Agency, the original copyright holder or other rights holder.

             With the exception of printing or storing Web site Content for personal use as recognized under copyright law, reproducing, publicly distributing, altering or deleting Content, or reproducing Content on a customer’s Web site, without permission from Ascendant or the original copyright holder, is strictly prohibited. You are requested to contact Ascendant Advertising & Communications Agency in advance to obtain the necessary permission. However, note that permission may not be granted in cases involving images, material that includes copyrights or trademarks of a third party, or when judged inappropriate by Ascendant and or our client.

             Even when you use the Content after receiving Ascendant Agency’s permission, you are requested to display the copyright notice specified by Ascendant Advertising & Communications. The copyright notice may not be changed or deleted without advance permission from Ascendant.

  1. Trademarks

Rights to the trademarks, logos, and trade names of this Web site and on this Web site belong to Ascendant Advertising & Communications, LLC or the individual rights holder. With the exception of instances recognized under trademark law and other laws, the use of these without permission from Ascendant is strictly prohibited under trademark law. If you want to use them, you are requested to contact Ascendant Agency in advance to obtain the necessary permission.

  1. Use of the web site

             Ascendant Agency makes no warranty of any kind with respect to Content and other information (“Content, etc.”) provided on this Web site, including but not limited to the accuracy, usefulness or validity of the Content, etc. Ascendant shall not be liable for any damage incurred through the use of the Content, etc.

             Ascendant Agency may change or discontinue the structure of this Web site, the Terms and Conditions of Use, the URL and Content, etc. without prior notice.

             Ascendant Advertising & Communications Agency may suspend or discontinue the operation of this Web site without prior notice.

  1. Linking to the web site

             Linking to Ascendant Agency’s Web site is permitted on condition that prior permission is obtained from Ascendant, and provided that the site that wishes to link to the Web site is involved in business or work related to Ascendant Advertising & Communications Agency and or to one of our clients (current or former). Even when the linking Web site’s business is related to Ascendant Advertising & Communications Agency, LLC, linking to Ascendant Agency’s Web site without prior permission from Ascendant is prohibited. If you wish to link to Ascendant Advertising & Communication’s Web site, you are requested to contact Ascendant Agency in advance.

             Other than Ascendant Advertising & Communications Web sites (including the Web sites of Ascendant Advertising & Communications/ Ascendant Agency and its subsidiaries and affiliates) linked to or from this Web site are not controlled by Ascendant. Ascendant Agency shall not be liable for the content of such sites or any damage incurred in the use of such content.

             Providing a link from a Web site that comes under, or is suspected of coming under, any of the following is strictly prohibited:

— A Web site that contains content intended to libel or defame Ascendant Advertising & Communications, LLC or any of its affiliates, its directors and or employees.

— A Web site that contains material offensive to public order and morality that may damage Ascendant Advertising & Communication’s credibility or integrity.

— A Web site that uses frame links, etc. that make it unclear whether the material referred to comes from Ascendant Advertising & Communication’s Web site.

— A Web site that gives the false impression of the existence of an alliance or collaborative arrangement with Ascendant Advertising & Communications and or it’s subsidiaries and or affiliates, or that gives the false impression that Ascendant Agency and or it’s subsidiaries and or affiliates recognizes or endorses the linked site.

— Any other Web site judged inappropriate by Ascendant Advertising & Communications, LLC.

— Ascendant Advertising & Communications, LLC. may request the deletion of any link to which section 3 shown above applies, regardless of any permission previously granted by Ascendant.

  1. Idea proposals

Ascendant Advertising & Communications conducts its own R&D and devises programs and strategies for advertising and communication. Unless Ascendant makes public notice that it is accepting proposals for new technologies or designs, or ideas, memos, concepts or other proposals for advertising or marketing, it does not accept such proposals in principle.

If for some reason Ascendant Agency receives a proposal despite this stated policy, Ascendant will assume that the idea has been sent after the sender accepts the following conditions:

             Ascendant Advertising & Communications assumes no obligation to maintain confidentiality of the idea

             Ascendant Advertising & Communications assumes no obligation to review, evaluate or utilize the idea

             Ascendant Advertising & Communications assumes no obligation to pay compensation to the customer who sent the idea or any third party in the case that Ascendant Advertising & Communications releases or publicly announces the idea in part or in full, or a similar product or service

             Ascendant Advertising & Communications is free to use the idea sent in as it sees fit. Additionally, the sender exerts no copyright or any other right in relation to the idea.

  1. Downloading of software

When users download software from Web sites linked to Ascendant Advertising & Communications’ Web site, they are requested to observe all conditions concerning the licensing of such software. Ascendant Advertising & Communications accepts no liability in relation to the installation or use of such software.

  1. Inquiries regarding the Web site

Please direct any inquiries concerning Ascendant Advertising & Communications’ Web site, its links or other related matters to Ascendant Advertising & Communications at webdeveloper@ascendantagency.com.

 

Terms & Conditions – Client and Operating (Section 2 of 2)

Ascendant Advertising & Communications Agency, LLC. ( also referred to as “Ascendant or Ascendant Agency or Ascendant Advertising & Communications”). applies, at a minimum, the following terms and conditions that follow in Section 2 of 2 unless otherwise agreed upon in writing. Other terms and conditions may apply as commensurate with an active client agreement.

  1. Scope

These Standard Terms apply to the supply of all products and services by Ascendant Advertising & Communications, LLC, unless we otherwise agree in writing.

  1. Agency

Ascendant Advertising & Communications Agency accepts orders and instructions only on the basis that those instructing us do so as principals and are liable directly to us for payment of our account.

  1. Use of third party contractors

Ascendant Advertising & Communications Agency may, as your agent, directly or through an intermediary ask another contractor (“Third Party Contractor”) to carry out some or all of any work which you instruct us to carry out for you. We shall pay the charges of Third Party Contractors on your behalf and recharge them to you with our own fees. We will take all reasonable care in selecting and instructing a Third Party Contractor. However, we have no control over the activities of a Third Party Contractor and therefore accept no responsibility for the services provided to you by that Third Party Contractor or for any errors or omissions in its work or products.

  1. Adequacy of instructions

Ascendant Advertising & Communications Agency provides services only on the basis that those instructing us give us all proper, necessary and timely instructions, authority and information (including the execution of all documents required) to enable us to undertake lawfully and effectively the business instructed, and that those instructing us indemnify us accordingly.

  1. Copyright and publication

Ascendant Advertising & Communications accepts material for printing and/or publication on the basis that those submitting the material are responsible for ensuring it is free from defamatory matter and does not infringe copyright or any other third party rights, and that those instructing us indemnify us accordingly.

  1. Third party reliance

Ascendant Advertising & Communications Agency services are provided solely for the use of our client and that client’s own client on whose behalf the work has been commissioned and shall not be used or relied upon by any other third party.

  1. Price

All prices quoted are valid for acceptance by the Customer for 30 days after which time (except to the extent such prices form part of a Contract) they may be altered by Ascendant Advertising & Communications without giving notice to the Customer to reflect increases in costs to Ascendant Agency (including without limitation costs of materials, labor, transport and services and any tax duty or charge imposed by any government or other authorities). Where applicable, after an order has become binding on Ascendant, all prices will have taxes added at the appropriate rate.

  1. Delivery of products and services

Products are delivered using first class post, fax or email (as appropriate), unless otherwise stated. Where you request an alternative method of delivery, you must meet those costs. Services are provided using reasonable skill and care.

The description and price of goods and services and delivery details will be provided in the confirmation of order and/or invoice dispatched with the product or service.

While Ascendant will make a sincere effort to provide services and products in accordance with the timescales set out in advance of beginning work, meeting such timescales can not be guaranteed as it subject to a number of factors and influences.

  1. Payment

Ascendant Advertising & Communications may require cash payment in advance before providing any goods or services. Where we have agreed credit terms for you our invoices are due for payment 28 days from their date. We reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest at the rate 21% beginning at the due date.

  1. Non- completion of services

Where you instruct us to undertake any service, you will be responsible for our costs in providing that service whether or not it proceeds to its conclusion.

Ascendant Advertising & Communications withholds the right to re-quote for a product/service if a period of 3 months has passed without communication from you, unless agreed in writing by both parties.

  1. Liability

Ascendant Advertising & Communications Agency accepts no liability for loss or damage (direct, indirect or consequential) including all loss of profit or business arising out of any single claim, event, or series of related claims or events (including claims based on negligence).

  1. Request for completed files

Once Ascendant Agency has completed a project and delivered all design files to you, the files are then archived. Should you require Ascendant Agency to provide copies of completed work in the future, including purchased logos, images and designs, a charge will be made to cover time spent recovering the documents on your behalf unless otherwise agreed upon in writing.

  1. Privacy policy and data protection

Ascendant Advertising & Communications Agency will use personal information which we hold about you to provide our services and products to you, for credit control and market research purposes and to inform you about our services and products or events which we believe may be of interest to you.

Ascendant Advertising & Communications Agency may only share your information with staff or other specialist networks with the sole purpose of completing your order or transaction. Except in the situations listed above or as required or allowed by law or other regulation, we will not pass, disclose, rent or sell your personal information (other than any personal information which is already publicly available) to any third party without your prior consent.

Ascendant Advertising & Communications Agency will make every effort to ensure the security of our systems. Unfortunately, no data transference or storage can be guaranteed to be 100% secure. As a result, while Ascendant Agency strives to protect your personal information after we’ve received it, we cannot ensure or guarantee the security of the information.

  1. Compatibility

Ascendant Agency seeks to ensure that any websites we produce will function correctly on the server they are initially installed on and that they will function correctly when viewed with the latest versions of Microsoft Internet Explorer and Mozilla Firefox running on Windows 2000 Professional. Due to the large number of possible operating system and browser combinations Ascendant Advertising & Communications Agency cannot guarantee our websites will function correctly on any other system.

  1. Due diligence

In certain circumstances (and hopefully very rare, if any) Ascendant Agency may be required by law to collect evidence of identity from our clients. If you fail to supply any due diligence which we request we will be unable to provide services to you.

  1. Customer services

If you are unhappy with any aspect of our service, please contact Ascendant Advertising & Communications Agency directly. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.

  1. Quotations and costs

Ascendant Advertising & Communications Agency quotes are valid for 30 days. Any advance payments are due immediately, with the remainder due as specified in the proposal or on project completion for any other work. Ascendant Agency costs exclude taxes and any outside costs incurred (for example: travel, photography, stock imagery, delivery and couriers).

Any work outside an agreed list of deliverables, in the absence of a quote or due to author’s changes will be charged at standard rates or at a rate agreed upon in advance.

Ascendant Advertising & Communications will provide you with estimated timescale for progress and completion of work and will use reasonable endeavors to meet those timescales (as long as you perform your obligations promptly). Any quoted dates or times are best estimates only and, though Ascendant Advertising & Communications Agency takes pride is satisfying deliverables as agreed upon, we cannot guarantee that they will be met.

  1. Use of work for self-promotion

Ascendant Advertising & Communications Agency reserves the right to use any work we produce for the purpose of self-promotion.

  1. Changes to terms and conditions

Ascendant Advertising & Communications Agency reserves the right to make changes to these terms and conditions from time to time.

  1. Jurisdiction

Contracts between Ascendant Agency and its clients and or its affiliated third party service providers will be concluded in the English language and Ascendant Agency’s relationship with you will be governed by United States law and will be subject to the exclusive jurisdiction of courts within the United States of America.

 

Our Terms and Conditions as well as privacy policies are subject to change at any time without advanced notice.

E-mail: info@ascendantagency.com