- Description of Service
In accordance with these WedVendQC Terms and Conditions (referred to as the "Agreement"), WedVendQC, shall display on the WedVendQC site the services that are described in the subscription level that you are paying for, from the Effective Date until terminated by either party in accordance with this Agreement (the "Term"). WedVendQC makes no guarantees as to the effectiveness of creating a Business Listing.
WedVendQC is a subscription product that helps wedding professionals in the Quad Cities area reach their specific area of service and the clients therein. It is a powerful tool to help businesses market and connect to couples and spread the word about their brand in the Quad Cities Area.
“Membership Level” means a level of features purchased by Vendor, billed on a monthly basis, in addition to a free Business Listing.
"Business Listing" shall be defined as a listing which includes one or more of the following listed on the WedVendQC Site: a) a link to an official URL for the property, b) a phone number, and c) link to the property's email address.
"Vendor" or "You" means the contracting entity (together with any affiliates or subsidiaries, if applicable) as listed in the Business Listings Order.
“Effective Date” means the date that the Paid Membership Level is initially paid for (unless otherwise agreed between the parties).
“Offer” means a 30-day ad that is purchased with points by the Vendor. The Vendor is responsible for the purchase and creation of the ad. Multiple offers can be run at once, as long as they are paid for prior to running.
“Offer Term” means the offers run cycle of 30 days.
“Points” means the currency that is purchased on WedVendQC to purchase offers. An offer can currently be purchased for 2 points.
”Subscription Term” means the period of a Business Listing subscription (regardless of payment frequency), which is equal to 1 calendar month, and will automatically renew upon the next billing date.
"WedVendQC" means www.wedvendqc.com.
- Sales Order Rules
All requests by a Vendor to create a Business Listing on the WedVendQC Site are governed by this Agreement and the Business Listings Order. No other conditions, provisions, or terms of any sort appearing in any writings or other communications made in connection with this Agreement, including without limitation those contained on any forms of payment, will be binding on WedVendQC, whether in conflict with or in addition to this Agreement. This Agreement is binding on Vendor and not subject to cancellation, except as provided below under Section 4 & 7.
- Business Listings
WedVendQC reserves the right, without liability, to reject, remove and/or cancel any information in the Business Listings that contain content or links which do not meet WedVendQC's specifications, at WedVendQC's sole discretion. WedVendQC's sole liability under this Agreement shall be to refund the pro-rata portion of amounts paid for the unfulfilled term to the extent that the content or links do not meet WedVendQC specifications. However, in cases which involve fraudulent activity of any type, or inappropriate or malicious content, no refunds will be provided. WedVendQC may redesign the WedVendQC Site at its sole discretion at any time. Vendor agrees to the following:
- a) Vendor hereby grants WedVendQC and its affiliates the right to display Business Listing information on the WedVendQC Site, and emails that are related to WedVendQC. Failure by WedVendQC to publish any Business Listing information does not constitute a breach of contract or otherwise entitle Vendor to any legal remedy.
- b) Vendor's failure to comply with all applicable requirements of this Agreement may delay or prevent the display of the Business Listing and shall give WedVendQC the right to immediately terminate the applicable Agreement;
- c) Vendor shall be solely responsible for the content provided to WedVendQC for the Business Listing (including but not limited to a promotion or offer) and any web site linked to from such information, and Vendor shall indemnify WedVendQC for all loss, costs, and damages in connection with any claims of infringement of any third party rights and any claims arising from the content (including but not limited to unfair or deceptive acts and practices and consumer protection claims). Vendor represents, warrants and covenants to WedVendQC that at all times, (a) it is fully authorized to publish the entire contents and subject matter of all requested information (including, without limitation, all text, URLs, and Internet sites to which URLs are linked); (b) all such materials and Internet sites comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights) of any third party; (c) it has the full corporate rights, power and authority to enter into this Agreement and to perform the acts required of it hereunder, and its execution of this Agreement does not and will not violate any agreement to which it is a Party or by which it is otherwise bound, or any applicable law, rule or regulation; and (d) each such Internet site is controlled by Vendor and operated by Vendor or its independent contractors, is functional and accessible at all times, and is suitable in all respects to be linked to from the applicable site.
- e) Public Announcements. Vendor hereby grants WedVendQC permission to publicize the fact that it is a Business Listing Vendor of WedVendQC in a press release, emails, or on other promotional material and sites. Vendor shall not use, display or modify WedVendQC's trademarks in any manner without the prior written consent of WedVendQC.
- Privacy and Compliance
- Payment Terms and Calculations
Where Vendor purchases a Business Listing subscription, Vendor acknowledges and agrees that this is on the basis of a recurring payment, and that payments shall be made to WedVendQC by the method selected by Vendor at the recurring intervals until the subscription for Business Listings is terminated by Vendor or WedVendQC in accordance with this Agreement.
Vendor agrees that the same method of payment must be used for all business services (including but not limited to WedVendQC Points) purchased by Vendor under the same account, unless otherwise notified by WedVendQC. Accordingly, if Vendor makes a change to its selected payment method for Business Listings, this will effect a change to the payment method for all other services. Vendor’s authorization to debit its bank account, charge its credit card or make any other valid form of payment for Business Listing subscription fees will create an authorization for the same method of payment for all other services ordered under the same account. Vendor shall be charged for the Business Listing from the Effective Date. Vendor shall pay WedVendQC upfront for - display of Business Listing information.
In addition to any other rights, WedVendQC may immediately remove Vendor's Business Listing information in the event that it detects some form of misuse within such time period.
Business Listings will be renewed automatically at the end of each Subscription Term for a subsequent Subscription Term of equal length at the originally agreed upon rates. Your rates will not change during your subsequent Subscription (See cancellation policy in Section 7 for more details on non-subsequent charges). The applicable fees will be charged to the payment method on file unless otherwise notified of a cancellation. Although WedVendQC may choose to send a reminder email prior to charging a Vendor for a renewal fee, WedVendQC is not responsible for notifying a Vendor of this automated renewal.
If You miss any payment owed to WedVendQC or if a credit card is expired or otherwise fails to authorize, the Business Listings service may be discontinued without notice.
- Effective Date, Cancellation, Switching and Add-Ons
7.1 Effective Date: Unless WedVendQC notifies the Vendor otherwise, this Agreement is effective upon the Effective Date. The Effective Date is the date in which you purchase your Membership Level Subscription.
7.2 Cancellation: A Vendor may cancel its Business Listing subscription, thereby terminating this Agreement, solely in accordance with the following cancellation policies:
- a) Agreement to forfeit current pricingIf a Vendor requests the cancellation of any Membership Level, they agree to forfeit their current Membership pricing. Vendor will be subject to new pricing if they wish to renew their Membership Level on the same or any other level offered.
- b) Refund:If a Vendor requests the cancellation of any Membership Level before their Subscription Term has ended, the Vendor will be given a pro-rata refund for the remainder of that Subscription Term.
7.3 Switching: If permitted by WedVendQC, a Vendor may switch from one type of Membership Level to another. If such switch is permitted, the relevant changes to payment terms, renewal dates and the applicable cancellation policy will come into effect on the next payment date, as applicable.
7.4 Cancellation of Offers: If Vendor has any Offers that have not finished their Offer Term upon Cancellation, the offers will be taken down immediately, and the vendor will be refunded the pro-rata rate for the remainder of the Offer Term.
- Liability, Warranty & Indemnity
- a) WEDVENDQC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES AS TO THE NUMBER OF VISITORS TO OR PAGES DISPLAYED ON THE WEDVENDQC SITE OR THE FUNCTIONALITY, PERFORMANCE, OR RESPONSE TIMES OF THE WEDVENDQC SITE. WEDVENDQC DISCLAIMS AND SHALL NOT BE LIABLE FOR ANY OTHER LOSS, INJURY, COST OR DAMAGE SUFFERED BY VENDOR OR ANY THIRD PARTY AND SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS. THIS PROVISION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL WEDVENDQC OR ANY OF ITS AFFILIATES BE LIABLE TO VENDOR FOR AN AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY WEDVENDQC FROM VENDOR FOR THE SPECIFIC BUSINESS LISTING INFORMATION AT ISSUE.
- b) Vendor agrees to defend, indemnify and hold harmless WedVendQC and each of WedVendQC's agents, Vendors, subcontractors and affiliates, and the officers, directors, and employees of any of the foregoing, from, against and in respect of any and all losses, costs, (including reasonable attorney's fees) expenses, damages, assessments, or judgments (collectively, "Liabilities"), resulting from any claim against any such parties in connection with Vendor's advertisement, except to the extent that such claims directly resulted from the gross negligence or willful misconduct of WedVendQC.
- Jurisdiction & Venue
This Agreement is governed by the laws of the Illinois, USA. Vendor consents to the exclusive jurisdiction and venue of courts of Springfield, IL for all disputes related to the subject matter hereof.
- General Provisions
No joint venture, partnership, employment, or agency relationship exists between Vendor and WedVendQC. WedVendQC will not be deemed to have waived or modified any of these terms and conditions except in writing signed by its duly authorized representative. Vendor may not assign its rights hereunder to any third party unless WedVendQC expressly consents to such assignment in writing, not to be unreasonably withheld. Modifications to the originally submitted Agreement will not be binding unless signed by both parties. If any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree or decision, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable. This Agreement will be deemed to be controlling over all other writings or agreements of any kind between the parties covering the Business Listings subject matter of this Agreement. All notices to WedVendQC relating to any legal claims or matters must be made in writing to Rehash Media, LLC, attn: InCorp Services, Inc. 901 S 2nd St, Ste 201 Springfield, IL 62704-7909, USA.
Each Party expressly undertakes to retain in confidence and to require its agents and contractors to retain in confidence all information and know-how transmitted to such Party that the disclosing Party has identified as being proprietary and/or confidential or which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential. All terms and conditions of this Agreement will be considered confidential and will not be disclosed (except to both Party's attorneys and accountants on a need-to-know basis) without the prior written consent of the other Party. The Parties acknowledge and agree that WedVendQC may archive an electronic copy of the fully executed Agreement. Except as specifically provided herein, this Agreement constitutes the entire understanding between the parties and supersedes any and all prior understandings and/or agreements between the parties with respect to the subject matter regarding Business Listings. WedVendQC may amend this Agreement at any time, by giving Vendor notification of the amendments in writing or via email. Unless otherwise stated in the notification or unless Vendor cancels its Business Listing subscription (as permitted by this Agreement or the notification), any amendments shall be automatically effective thirty (30) days after they are notified to Vendor.
Revised: July 13, 2017