Latest Update: October 2021.
1. GENERAL POLICIES
TNW Creations provides online digital products and services as well as tangible and print products and services.
Much like any contractor (eg: HVAC, roofing, carpeting, plumbers, etc), all payments are due up front and in full. Due to both the technical software aspect of programming websites (refer to the United States of America regarding software refund policies) and the labor involved - payments are not refundable. If you need a payment plan, we highly recommend utilizing our PayPal Credit checkout which can even include deferred interest for qualifying individuals. Or many clients prefer to use a business credit card.
Our website grants you temporary and limited license to templates and other products or services sold through our company in accordance with these Terms and Conditions.
TNW Creations and staff are not responsible for technical errors beyond our control, this includes third party apps, hosting, platforms, email services and all technical aspects we deal with every day. For example, should Google Services suffer an anomoly and your account encounter problems or loss of data, that would fall outside of our scope of control and we would not be responsible for said loss of data or any repercussions. Please keep these limitations in mind.
For DIY templates, you are authorized to make necessary modification(s) to our products to fit your purposes in accordance with the type of license you acquire. Some of our templates are developed with MotoCMS software, GoDaddy, Wix, Adobe, Canva and fall under our Affiliate Partnerships as TNW Creations with these entities. Those templates include additional terms and conditions per TNW Creations’ partnership. Please be aware of each additional partner terms before entering into services or purchases with TNW Creations. Be sure to ask TNW Creations prior to purchasing services or products if you are unsure if there are additional partnerships attached to a template or service.
Emails are preferred as this gives our team a digital paper trail to ensure client's needs are met as expected. In the case of digital meetings, our meetings are recorded for quality assurance. We review recordings to ensure the client's requests are being met per our agreements addressed during the meeting and in contract.
Except where otherwise expressly provided by TNW Creations, all comments, feedback, or information submitted to TNW Creations through or in association with TNWCreations.Com, TNWHome.Com will be considered non-confidential and TNW Creations’ property. By submitting such user content to TNW Creations, you agree that you assign TNW Creations and TNW Home, without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to the User Content. TNW Creations will be free to use such User Content in any manner or media whatsoever, such as sharing of reviews, videos, advertising, graphics and social media, on an unrestricted basis and without any compensation or royalties to you. You represent that the User Content you supply does not violate this policy and will not cause injury to any person or entity. TNWCreations.Com and TNWHome.Com has the right but not the obligation to monitor and edit or remove User Content. TNWCreations.Com and TNWHome.Com takes no responsibility and assumes no liability for any user content posted by you or any third party.
TNW Creations assumes no liability, and shall not be held responsible for, any action you take in connection with your use of TNW Creations products, content or services.
THIRD PARTIES -
TNW Creations and TNWHome.Com takes no responsibility and assumes no liability for any user content, breakage, disconnect or negative conditions caused or created by you or any third party - this includes third party access to any and all services we offer or manage or are connected to your sites, domain or accounts. If you allow third party access or interference and the third party results in negative behavior that affects your business, your SEO, legal or otherwise - TNWCreations.Com and TNWHome.Com takes no responsibility and assumes no liability, furthermore third party access or contributions void any and all service and performance guarantees.
TNW Creations will not knowingly create or contribute to any site that violates any copyright, patent, trademark, trade secret or any other proprietary right, any defamatory, libelous, racist, sexist, bigoted, or is unlawful; is pornographic, obscene or exploitative of a minor; contains or embodies a virus, worm, trojan horse or other contaminating or destructive feature; or otherwise violates any applicable treaty, law or regulation or inhumane or immoral behaviors including cryptominers, fingerprinters, phishing, illegal tracking or pharming. You agree not to assign, upload, indicate partnership or transmit to or via TNW Creations any content which: infringes or otherwise violates any of the aforementioned illegal, unlawful or immoral behaviors or content. TNW Creations will not be held accountable for any situation in which a client engages in said violations. If TNW Creations discovers a client has entered into such unlawful or immoral behaviors, TNW Creations will cease all relationships with the client and submit the client’s site to the proper authorities and governing entities.
Since TNW Creations.com is offering non-tangible irrevocable products and services and as such we do not issue refunds once the order is performed and the product and / or service is delivered. You are responsible for understanding these policies before purchasing. Please make sure that you have carefully read all relevant documentation prior to purchase. However, we are aware that some technical circumstances can occur under which we are to review a complaint request. With regard to the specific character of the product / service we provide, there are reasons, upon which a COMPLAINT REQUEST can be applied: Non-delivery of the product: in case some emailing issues occur and an e-mail with a download link is not delivered to you, please contact us for assistance. Claims for non-delivery must be submitted to our Technical Support Team in writing within 3 days from the order placing date. Download and unzipping issues: in case you faced with the problems while downloading the product or its unzipping, you have to contact our Technical Support Team without any delay. If you do not contact us during this period, you agree that we may construe silence as a successful download of the product without further right of redress or refund for a “download issue” reason. Major bugs and defects: when you stably encounter an error which is preventing you from using our product properly, and if we are not able to correct the error within an acceptable period of time or are unable to suggest a temporary solution, a refund may be issued to the customer in full without any compensations. Such issues must be submitted to our Technical Support Team’s approval within 3 days of purchase. Failure to submit before the 3 days are up, will result in the closure of our complaint window and no opportunity for returns. Product not-as-described: such issues should be reported to our Technical Support Department within 3 days from the date of the purchase, not from the date of retrieval. Clear evidence must be provided proving that the purchased product is not as it is described on the website.
Contact Us by Email
Request a Call Back
You have 3 days to file a complaint on any service or product, if the 3rd day has passed, the complaint window is closed. Complaints will be handled within 7 business days of receipt of said complaint. Complaints based on the absence of features not listed in the product or service description are not accepted.
TNW Creations reserves the right to change or modify these terms and conditions without prior notice.
2. WEB DEVELOPMENT - PRE-BUILT WEBSITE TEMPLATES WITHOUT ADDITIONAL SERVICES
Client can purchase a pre-built design from our catalog of available templates and using DIY services, client may install the template themselves on their own platform or host. Client understands this is a more generalized template design and is not exclusively the client’s. The same design and layout may and more than likely is used for other customers. The pre-built template can be customized by the client or TNW Creations if installation or setup services are also purchased. Customization of the template by the client may vary but can include desktop & mobile designs, logo, text and images, adding social media integration, some stock photos are typically included with the template design. You may be granted a one time usage license to be used on a single website only. You have to purchase the same template again if you wish to use the same design on another domain or site. We rarely offer limited buy-out, you may inquire as to whether or not your template has this option. In the event you are granted a Buyout Purchase License, this type of license guarantees that you are the last person to buy this template but not the first. After the buyout purchase occurs, the template is permanently removed from our shop and is never available to other customers again. You can not redistribute or resell templates even when using the Buyout Purchase Price.
3. WEB DEVELOPMENT –INSTALLED WEBSITE PACKAGES
Installation services of our templates includes customization of our website templates based on client's limited specifications & provided content and may or may not include hosting services (premium hosting services are required to complete domain connection, SEO and other additional services) depending on additional products included in the signed proposal or purchase. Website installation includes social media integration (linking) to existing social websites, premium stock photos included in the template purchased & may or may not include custom favicon depending on the project. Custom forms included for up to 5 fields. More complex, custom forms available for an additional fee (priced per project). Writing / editing services are not included and text is added based on content provided by the client. Text content must be delivered in organized, copy/paste format (either from an email or editable document or an existing website). Professional writing/editing/research services are available for an additional charge . Content and/or images that require additional formatting, manual typing/input, extensive editing (photoshop) require additional payment. If images and/or text must be acquired from a website editor cPanel that is not where the website is being built, then there will be an additional fee. All content must be provided by the client in advance before the website project can begin. All content provided must be copyright free or owned by the client. In the case of copyright infringement, the client understands they will be held accountable by law and TNW Creations will not be held accountable for the client’s copyright infringement. Completion dates will be affected by delayed action on the client’s part. New or additional content provided after the project start date will incur additional fees.
4. WEB DEVELOPMENT - CUSTOM WEB DESIGN WITH INSTALLATION
Unique web design not purchased from a template will includes initial, custom website design-build based on client's specifications & provided content. Client will own rights to website design after fulfilling payment obligations per the proposal / quote. Includes social media integration, premium stock photos from our library (if needed) & custom favicon. Custom forms included for up to 10 fields. More complex, custom forms available for an additional fee (priced per project). Writing / editing services are not included and text is added based on content provided by the client. Text content must be delivered in organized, copy/paste format (either from an email or editable document or an existing website). Professional writing/editing/research services are available for an additional charge . Content and/or images that require additional formatting, manual typing/input, extensive editing (photoshop) require additional payment. If images and/or text must be acquired from a website editor cPanel, there will be an additional fee. All content must be provided by the client in advance before the website project can begin. All content provided must be copyright free or owned by the client. In the case of copyright infringement, the client understands they will be held accountable by law. Completion dates will be affected by delayed action on the client’s part. New or additional content provided after the project start date will incur additional fees.
5. WEB DEVELOPMENT - ECOMMERCE / ONLINE STORES
Includes ecommerce capabilities for retail, shares, donations, donations, ticket purchases and/or any financial transactions. Client must maintain a Merchant Account through PayPal, Wave Apps, Stripe, Square or other payment processing. TNW Creations creates the initial store and fully integrates the store into the client's new website up to 10 items unless specifically indicated in the proposal or website template purchase. Client is responsible for payment of all merchant fees and all ongoing management of the store, store products, payment sites, order management and fulfillment and payment collection and management. TNW Creations will not setup, maintain or manage the merchant account. Client changes to the store, product categories & pricing, etc. will be handled by the client after TNW Creations has completed the build. Client understands that TNW Creations does not provide tech support for the ongoing operation and management of the store and does not provide chat and phone support for customers.
Initial store setup varies and includes an initial 10 products and support links for adding more products as the client wishes. Client is responsible for understanding the limitations and inclusions of the template or custom web design he / she is purchasing before purchase. Additional products may be added per additional proposal and project fees. Client is responsible for establishing correct shipping, sales tax and providing images and other information to TNW Creations prior to store setup. "Products" may include physical items, donations, membership categories and digital items, etc. Discounted custom pricing may be provided for stores with over 100 products or special needs. All content provided must be copyright free or owned by the client. In the case of copyright infringement, the client understands they will be held accountable by law. TNW Creations assumes no liability, and shall not be held responsible for, any action you take in connection with your use of TNW Creations products, content or services or your merchant stores or your products. Completion dates will be affected by delayed action on the client’s part. New or additional content provided after the project start date will incur additional fees.
6. MOBILE OPTIMIZATION
All website projects include some type of mobile / device optimization. Mobile design optimization will streamline & consolidate content for use on smartphones and tablets. Client understands that not all tablet and device views will be applicable and as such are not guaranteed to be optimized and some multimedia design elements background video, music & some applications may not work the same way on mobile and devices as they do on desktop computers (this is a mobile technology limitation). Client also understands that the mobile version may require omission of select content, especially extensive text & other elements that are not mobile-friendly to maintain the best visitor experience.
7. BASIC SEARCH ENGINE OPTIMIZATION (SEO)
Basic Search Engine Optimization (SEO) techniques will be incorporated into the design of each TNW Creation template and website installation to help optimize search engine rankings for Google and Bing. Additional stand-alone SEO pricing varies per site. Client will be advised about other ways to maintain & improve search engine optimization and understands websites do not automatically move to the top of ranking without paying promotions through search engines. Client understands that although new websites are instantly indexed on Google, rankings and SEO change daily due to content and competition. Search engine rankings are driven by a complex algorithm of interconnected website backlinks, popularity and website age. No agency or individual can guarantee a specific website search ranking. More extensive Advanced SEO services are available for an additional charge.
8. ADVANCED SEARCH ENGINE OPTIMIZATION (SEO) WITH INITIAL AUDIT
SEO is a continuous effort & process, not a one-time service. Proper website design & structure is an essential first step to getting your website ranked higher on major search engines. Pricing varies per site. TNW Creations Advanced SEO and website audits are designed for websites TNW Creations has either built or will build. Audits and Advanced services vary based on the service you order from TNW Creations and the size or location of your website. Advanced SEO includes optimization for Alexa, voice search.
Any interruption in our Advanced SEO service will require another audit for an additional fee. Client understand this does not guarantee ranking on search engines, this simply improves their chances of visibility. This is true for all SEO agencies. The only way to rank highest is through paid promotional ads with Google, Bing or Alexa. If client wishes to use Facebook Advertising, TNW Creations offers this service as well.
9. FAVICON LOGO
TNW Creations will design / develop a favicon either using the client’s business logo or initials of the client’s website for each compatible website that is pre-built, semi-custom, custom or programmed by TNW Creations. There is no additional fee unless asked to redesign / redevelop the favicon. This additional feature is included in most of our packages when stated in the proposal.
10. DOMAINS* **
TNW Creations works with transfers, connections and acquisition of domains only when in conjunction with a website project order. TNW Creations will acquire domains through GoDaddy.Com (and GoDaddy’s International holdings), eNom, NameCheap, Network Solutions and many other domain registrars. TNW Creations will connect and transfer domains from other registrars that fall in our accepted list. Our list is constantly being updated so please check with us in advance to ensure your domain is supported. Domains we are hired to transfer or connect only are the responsibility of the domain owner. Domains managed by us are managed by us, we do not allow multiple parties to control the domain in part of whole as that reduces security. We do not edit DNS to allow other parties access to the domain as that reduces security and does now enable us to keep your domain secure. This is not an exception. Domains with email currently connected will need to be handled carefully. Client understands there may be email loss and downtime as the domain is transferred. If client does not inform TNW Creations of the connected email servers or does not provide accurate information regarding their email, the client understands they will absolutely lose emails and service to their emails and all of their archived email with the possibility of no recovery.
* TNW Creations does not accept domains associated with BlueHost, HostGator or any subsidiary of Endurance International Group domains.
** Domain transfers are permanent & irrevocable for 60 days whether outgoing or incoming per ICANN Regulations 60-day Change of Registrant lock. TNW Creations does not provide the option for maintenance services after transfers out of our care because we are unable to guarantee the quality of a website if an outside designer or client has modified the website. All edits to domains including name, address or contact changes reset the registrant lock so be aware of this by informing yourself of the rules, regulations and procedures for Internet Corporation for Assigned Names and Numbers which governs all domains globally.
11. WEB DEVELOPMENT - PRODUCTION TIME
When all content is received from the client, TNW Creations can begin work. Each project duration varies and will be counted only during regular business days or as noted on the proposal. Ecommerce sites & sites with extensive content, programming or special design elements will require more time. Minor requested revisions will be completed as soon as possible. Complicated or recurring requests for revisions will incur more fees. Entire redesigns after TNW Creations has already designed a site, will incur the same fee as a new website.
Please note a proposed deadline will be established to deliver all content for the website design. Client’s failure to meet content (images, text, logo, etc) submission deadline after the content deadline will result in delays, rescheduling the project for a future date and / or additional fees. If client sends additional content after the content deadline, the project will be subject to delays, rescheduling the project for a future date and / or additional fees. In some cases, delayed projects may be rescheduled for a much later date if TNW Creations is booked and timelines have been affected due to the delays. Initial design includes one (1) full round of revisions. A revision round is a complete list of client requested revisions and MUST be submitted within THREE (3) days of the website draft delivery to keep the project on schedule. Failure of the client to submit a revision request within three (3) days will result in no changes to the site or additional fees to change the site. This provides the most efficient process to complete the client's revisions effectively & efficiently. Revisions that are not requested by the client within three (3) business days of website draft delivery will result in delays, rescheduling the project and additional fees. The point of contact designated by the client will be responsible for acquiring consensus within the client's organization before requesting changes or updates. Client must submit all content required for requested revisions at the time the revisions is submitted. Additional rounds of revisions are available for a determined amount based on the project. Additional rounds of revisions that require modification of the design, additional pages, extensive revisions or changes in navigation / organization, extreme layout differences of the site will incur an extra service fee of $100+ per page or $130. per our usual hourly rate depending on the scope as determined by TNW Creations.
12. MONTHLY SERVICES – GENERAL
All monthly services are subject to a minimum monthly contract (SEO, Social Media, etc) and fees are paid in full via stored pre-authorized credit card through PayPal. Annual Contracts are paid in advance. Annual services can be paid by mailed check. All services are non-refundable.
13. MONTHLY SERVICES – HOSTING & MAINTENANCE
Monthly hosting and maintenance fees include premium hosting services, ongoing maintenance of desktop and mobile design and app software updates as needed. Client must commit to 12 months of service for this offer. Annual contracts are paid in advance via mailed check or monthly payments via stored credit card. All services are non-refundable.
14. MONTHLY SERVICES – HOSTING & UPDATES
Monthly hosting and updates include premium hosting services, ongoing maintenance of desktop and mobile design, app software updates as needed and one change per month (one page and up to 10 images or PDFs). Client must commit to 12 months of service for this offer. Client must submit all update requests to us via email at least 3 business days before changes are needed. Client requested updates received during regular business hours will be completed within 3-7 business days or sooner of the request date. Clients only receive ONE (1) update per month so all (up to 10 images / pdf files) and text must be submitted at the same time to be considering one update. Extra update requests will be charged accordingly.
15. MONTHLY SERVICES – HOSTING PLANS
Client may choose to pay for their hosting in full for one year (12 months) and have TNW Creations handle the billing management. No additional services are offered with this plan. Annual billing is paid in advance via mailed check or stored credit card. All services are non-refundable. If client chooses one of our GreenGeeks hosting plans, we offer annual contracts either paid in full or through monthly payments. It is rare that we allow monthly payments for our hosting, however in the rare incidence when we do allow monthly payments, please understand your hosting contract is for one year and cannot be cancelled or refunded.
16. MONTHLY SERVICES – SELF HOSTED (NONE)
No monthly services are offered for clients who self host. If client chooses their own hosting, the client understands that hosting and maintenance and all other fees, etc is the client’s responsibility and will be paid from the client directly to the host provider where their website was built. Completed website will either be built on the client's independent account at GoDaddy, GreenGeeks, Wix (or other preapproved hosting account) or transferred if applicable after completion. Hosting, domain, app and all other fees will be the client’s responsibility to be paid to their hosting and domain providers.
17. MONTHLY SERVICES – CANCELLATION
Clients who choose to maintain their own websites may request a permanent account management transfer 6 weeks prior to their next monthly payment. If hosted with Wix or GoDaddy, Client must have an account setup so TNW Creations can transfer website management to the client. If client is using GreenGeeks, client may contact GreenGeeks for their migration services. This service is dependent on the capabilities of the client’s host, account, domain and other add-ons and services. Client understands that technology is a constantly evolving universe and these capabilities may change or be limited by the additional parties at no notice. Websites themselves will not be transferred that were built by TNW Creations. You may request your domain be transferred and understand there are no refunds on web design, web development or web hosting as stated multiple times throughout our Terms of Service.
TNW Creations is happy to help with tutorial links for free by email within reason. Any recurring or frequent requests for free email support will result in technical support fees at our normal hourly rate of $130. These paid support services include technical support, training for website maintenance and / or design services.
19. PAYMENT TERMS – GENERAL & REFUNDS
All fees are due in full before work can begin and are nonrefundable. Services and products are nonrefundable. By entering into business with TNW Creations, client understands and agrees to these payment and nonrefundable terms.
20. PAYMENT TERMS - MONTHLY PAYMENTS
Monthly fees must be paid via automatic pre-authorized stored monthly payment by credit card. Or a year in advance by mailed check. Automatic monthly payments must be made either by credit card or ACH direct deposit via PayPal. Clients receive an automatically generated monthly paid invoice receipt via email for bookkeeping purposes. Client is responsible for maintaining a valid form of payment. Late payments will accrue at $35. per month fee and will result in interruption of service and / or a public notice of payment due posted on your website if payment is past due.
If no monthly services were chosen, websites installed and setup by TNW Creations will be transferred to the client's independent GoDaddy, GreenGeeks or Wix account varied per account.* Hosting service will be the client’s responsibility. for the cost of annual renewals. If client has custom email services connected to the domain, there will be a period of downtime (typically 1 to 3 hours but can take up to 7 days for full DNS propagation depending on the hosting companies being used – this is especially true for Wix transferred domains). Client is responsible for ongoing SEO to improve rankings. Website transfers are permanent and irrevocable for a minimum of 60 days depending on the host and domain providers. TNW Creations provides no support nor option for maintenance services after transfer because TNW Creations can only guarantee the website quality if maintained exclusively by TNW Creations.
22. DESIGN REFRESH & NEW FEATURES
Website may be updated periodically with new design features & applications (with prior client approval) to freshen the design of the website, maintain modern design trends & to extend the life of the overall website design. Fees and completion times vary. Client may not log into the website editor or cPanel (this creates editing issues) until TNW Creations states work has been completed.
23. OTHER SERVICES - DIGITAL LOGO DESIGN
TNW Creations can create digital logo in client's preferred branding color & style using TNW Creations database of logo elements and font. This service typically includes two (2) unique design concepts based on client's preferred style and colors and two rounds of revisions for the concept the client chooses. Additional revisions or additional concepts will include new fees. FILES: Multiple graphic files will be transferred to the client including jpg, png with transparent background and pdf for any print or digital use the client may need.
24. OTHER SERVICES - FACEBOOK / SOCIAL MEDIA MARKETING
Complete setup, design, custom graphics, marketing strategy, monitoring (responding to FB reviews & comments as the client's business). This does not include facebook or Instagram advertising. If client wishes to use social media ad campaigns, we offer recommendations.
25. OTHER SERVICES - PRINT OR DIGITIAL DESIGN SERVICES
Custom designed business cards, brochures, postcards, mailers, rack cards, flyers, letterheads, buttons, promotional marketing products like pens and mugs, stickers, labels, announcements, invitations and other print media. Digital files: Printer ready pdf (email or Google drive delivery). Print costs are additional and will be quoted based on clients' quantity, select features & shipping needs. All design orders must be paid in advance and are non-refundable.
26. CONSULTATIONS AND QUOTES
TNW Creations includes one complimentary 30-minute consultation for new clients. Additional consultation meetings / conference calls will be billed at our normal hourly rate of $130. for a 45 minute session with a 15 minute buffer. Email consultations are always free, this does not include tech support. We do not give quotes over the phone. Our quoting process involves research into the products, services needed and pricing involved. A quote will be emailed after adequate research.
TNW Creations makes no guarantees of your success, your search engine ranking or other services not mentioned in this agreement. Furthermore, regarding website projects – due to the sensitive nature of data and code environment the client agrees not to make changes, login, edit, add, delete, remove or modify images, text or code or in any way modify the website during our contract while we are either under a maintenance contract, upgrade, remodel or building phase. Using the common saying, "Too many cooks spoil the broth," multiple editors will very often cause disruption, errors, or in some cases complete and total failure of the core web code resulting in loss of service. Client agrees that during contract periods they are not allowed to use the editor until the contract is completed. Violation of this rule will result in immediate cessation of your project and contract with no refunds or alterations regardless of intent on the client's part. Or the client may opt to pay additional fees to TNW Creations to repair or resolve issues rising from client’s tampering and understands this will create new start dates and push back completion dates. The only exception to the editing rule is if the client’s contract specifically allows their edits. Even then, the client understands that any edits they make that result in damage will be the client’s responsibility and not TNW Creations. Should the client’s edits result in damage to the design or the website stability, the client understands that any repairs to the website by TNW Creations will result in the client paying additional fees to TNW Creations.
28. CONTRACT CANCELLATIONS
We realize sometimes needs or situations change and the occasional case of a contract cancellation may be necessary. If this occurs, TNW Creations will allow a contract break minus any fees already owed plus a $500. cancellation fee. There is no pro-rated refund or any refund allowed. The $500. cancellation will be on top of any fees already paid and owed.
29. BUSINESS CHANGES
In the event the business in contract for web work with TNW Creations changes hands, management or is sold, the contract will move to the new business owner and the new business owner, management or decision maker will assume the contract and fees owed to TNW Creations.
30. FINANCIAL TERMS
Client agrees to all financial terms of this agreement. In the event the client fails to fulfill payment obligations for the services rendered under this agreement, the client specifically authorizes the release by any credit reporting agencies of personal credit information on the client. The client also agrees to pay all the costs of obtaining such credit information and / or the locating of the client as may be necessary. In consideration for the services rendered under this agreement, the client hereby agrees to pay a LATE FEE on all balances which are overdue and unpaid thirty (30) days after the services are rendered; the LATE FEE will be computed at $35. per month or at the point the account becomes 6 months delinquent, an ADDITIONAL FINANCE CHARGE of 29% percent of the total balance will be added to the past due balance and late fees. This will be in addition to any legal or attorney fees which are hereby stipulated to be thirty five (35%) percent of such outstanding balance, plus court costs, whether suit is filed or not.
31. FREELANCERS (TEAM MEMBERS)
TNW Creations is not an employer. All team members listed on TNW Creations are freelancers responsible for their own fees, taxes, communication and services.
TNW Creations assumes no responsibility, guarantees or liability for any services or interactions provided by any freelance partner on the TNW Creations network team. Our freelancers are shown on our website, if you are unsure if you are dealing with a freelancer, please ask for clarification. If a freelancer inaccurately identifies as a TNW Creations employee, we will remove said freelancer from our network.
All Team members operating through TNW Creations shall abide by fair business practices and ethics in any dealings with any TNW Creations referred customer. All freelancers should act fairly and appropriately with your clients.
TNW Creations reserves the right to remove any freelancer from our network / team list or limit the services a freelancer may offer through our website without notice, for any reason.
TNW Creations is not an employment service and does not serve as an employer of any Freelance Partner. As such, TNW Creations Freelancers are solely responsible for any tax, withholding or reporting obligations. If TNW Creations is found to be liable for any tax, withholding or reporting obligation in connection with any Services provided or received by a freelancer, said freelancer will immediately reimburse and indemnify TNW Creations for all costs, expenses and liabilities (including any interest and penalties) relating to the same. Each TNW Creations freelancer is responsible for the payment of their own taxes.
32. CLIENTS WORKING WITH OUR FREELANCE NETWORK
As a TNW Creations client participating in the TNW Creations freelancer network, you agree and acknowledge that:
· TNW Creations is not the employer of any TNW Creations freelancer, nor does TNW Creations supervise, direct or control the TNW Creations freelancers’ work or Services, in any manner. TNW Creations does not provide any training or equipment to the TNW Creations freelancers, and has no control over the quality, timing, legality, failure to provide, payment procedures or any other aspect whatsoever of the Services provided by the TNW Creations team of freelancers.
· Each TNW Creations freelancer provides you services as an independent contractor and is not an employee, joint venturer, agent, or franchisee of TNW Creations for any purpose whatsoever.
· Any listing of a TNW Creations freelancer on the TNW Creations network shall be according to the information and Profile provided by such TNW Creations freelancer. TNW Creations does our best to only add qualified individuals but is ultimately not responsible for information presented by any TNW Creations freelancer. TNW Creations does not have any obligation to independently verify any information provided to it by any TNW Creations freelancer, their experience or training, and shall not be responsible or liable for any representation or undertaking made by any TNW Creations freelancer on the TNW Creations network.
TNW Creations does not supervise any TNW Creations freelancer.
TNW Creations freelancers provide services as independent contractors.
TNW Creations is not responsible for any information provided by TNW Creations freelancer.
By providing the information required to participate in the TNW Creations network (including without limitation email address and phone number) and using the TNW Creations network, you confirm and acknowledge that TNW Creations may transfer such information to the freelancer(s) you have chosen or that were assigned to you, and that both TNW Creations and the TNW Creations freelancer(s) may, to the extent permitted by applicable law, use both your Personal Information and Non Personal Information, in order to facilitate and provide your requested Services. TNW Creations can transfer your Personal Information to the TNW Creations freelancers you’ve chosen or is deemed right for your project in the TNW Creations network.
You have read our website and terms and seen our team members, those freelancers will be given your information so they may contact and work with you
You are responsible for providing to TNW Creations and such TNW Creations freelancers you contact via the TNW Creations network, accurate, current and complete information in connection with your request for Services.
The information you provide must be truthful and accurate.
In no event shall any reference by TNW Creations to any TNW Creations freelancer be construed as an approval or endorsement by TNW Creations of such TNW Creations freelancer or of any Services provided by them. Likewise, a link to any TNW Creations freelancer’s website does not imply that we endorse or accept any responsibility for the content or use of such website. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
TNW Creations does not endorse any of the TNW Creations freelancers.
Though we rarely email our clients, you agree to receive from time to time messages and promotional materials from TNW Creations by e-mail or any other contact form you may provide us with (including your phone number for calls or text messages), including, without limitation, messages featuring information of various TNW Creations freelancers. If you do not wish to receive such promotional materials or notices, please notify us at any time.
You agree to receive promotional material from TNW Creations
Other than providing the platform for the delivery of the initial request from a TNW Creations to a TNW Creations freelancer, TNW Creations is not a party to any interaction between any TNW Creations clients and any TNW Creations freelancers. Users of the TNW Creations network contract for Services directly with other Users. Any relationship between any TNW Creations client and a TNW Creations freelancer listed on the TNW Creations network will be according to the terms to be agreed upon between such TNW Creations client and the specific TNW Creations freelancer they decide to work with. Any payments for the Services shall be made directly to the TNW Creations freelancer without TNW Creations' involvement. TNW Creations does not take responsibility, in any way or manner, for the quality of the Services provided to any TNW Creations client by any of the TNW Creations freelancers.
TNW Creations takes no part in any transactions between TNW Creations users and the TNW Creations freelancers.
You accept sole responsibility for all of your activities using the TNW Creations network, including your conduct on the site and any and all content you may submit or present via the TNW Creations network.
TNW Creations takes no part in any transactions between TNW Creations users and the TNW Creations freelancers.
You will not engage in any activity that interferes with or disrupts the functioning of the TNW Creations network.
TNW Creations enables both TNW Creations freelancers and TNW Creations clients to provide feedback regarding the TNW Creations network and Services rendered. Such Feedback may be viewed by other Users. TNW Creations has sole and complete discretion to remove any feedback, including feedback which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of TNW Creations or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval. You can provide TNW Creations with feedback about any interaction with TNW Creations and TNW Creations freelancers, in connection with the TNW Creations network.
In addition to your obligation of indemnification under the TNW Creations Terms and freelancer Terms, you agree to defend, indemnify and hold harmless TNW Creations, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any third party right, including any copyright, property, or privacy right, resulting from your Content, or your usage of the Services; and/or (2) your use of the TNW Creations freelance network and/or the Services including in connection with any transactions and interactions resulting from the usages thereof; and/or (3) any other type of claim that your portfolio and/or User Content and/or your usage of any information provided to you by another User, caused damage to any User or other third party.
34. FINAL STATEMENT
ANY DAMAGES RESULTING FROM AUTHORIZED OR UNAUTHORIZED EDITS BY THE CLIENT OR THIRD PARTY DURING THE CONTRACT PERIOD CAN BE REVERTED OR REPAIRED ON AN HOURLY CHARGE BASIS AND WILL REQUIRE A NEW CONTRACT BE NEGOTIATED AND AGREED UPON BEFORE ANY WORK WILL COMMENCE. Servers log changes by IP and timestamp making it clear who is in the cPanel or Editor at all times. TNW Creations will not be held accountable for any damage to the design or structure by any party outside the TNW Creations team.
WE CANNOT BE MORE CLEAR THAN THIS.
TNW Creations may change, suspend or terminate any feature, service, provision of these TNW Creations Terms and Conditions, at any time and in any manner, with or without notice.
Your purchase or use of our products or services implies that you have read and accepted these terms and conditions.