1.1. “Agreement” means the Order between you and NUVEW, including its terms and any documents incorporated into the order, if applicable, and these Terms and Conditions of Use.
1.2 “Advertising Services” means the Products delivered by NUVEW to you pursuant to the Agreement.
1.3. “Content” means any text, data, trademarks, service marks, trade names, graphics, logos, URLs, domain names, brand features, photographs, pictures, communications, animation, images, digital clips, audio or video and other related components, whether or not produced by Customer or produced pursuant to the Agreement.
1.4. “NUVEW Web Site” means the Web sites provided by NUVEW under the Agreement, including domain name, user interface, all related technology, Content, and Software.
1.5. “NUVEW” means the company, its officers, directors, employees, and agents providing goods and services ordered by you pursuant to the Agreement.
1.6. “Order” means any order or confirmation of an order for NUVEW Products, however provided, and including but not (limited) to email or other electronic or telephonic confirmations, add-ons, rider orders, or amendments to an order, which incorporates any Additional Documents to the Order and any materials referenced in the Additional Documents and these Terms and Conditions of Use.
1.7. “Products” means the services offered by NUVEW under the Agreement and ordered by you.
1.8. “Software” means any software and related tools that NUVEW makes available for your use in connection with the NUVEW Product.
1.9. “Term” has the meaning set forth in Section 3.1 below.
1.11. “You” and “your” (both capitalized and lower case) mean the person or business named in the Agreement, alternately referred to as “Advertiser” or “Customer”.
1.12. “Your Content” (Sometimes referred to as “Customer Content”) means any text, data, trademarks, service marks, trade names, graphics, logos, URLs, domain names, brand features, photographs, pictures, communications, animation, images, digital clips, audio or video and other related components provided by you for use in any of the NUVEW Products.“Your Content” also refers to any product delivered by NUVEW pursuant to this Agreement and paid for, in full, by the Customer, excepting therefrom any proprietary information retained by NUVEW pursuant to Section 8.
2. DELIVERY, FEES, INVOICING & PAYMENT.
2.2 Advertiser must establish one of the following two methods of payment.
— Credit card to be automatically billed by NUVEW; or
— Bank account to be automatically debited by NUVEW.
Bank drafts or checks will be accepted only by prior agreement between Customer and NUVEW. Advertiser authorizes NUVEW, or NUVEW’s merchant services provider, to store Advertiser’s financial information for the purpose of facilitating payment to NUVEW. It is Advertiser’s responsibility to notify NUVEW, in writing, of any changes or updates to Advertiser’s financial information, and Advertiser is solely responsible for its failure to do so.
2.3 All fees are due in accordance with the agreed-upon fee schedule, or immediately upon Advertiser’s receipt of invoice, as applicable. Advertiser agrees that any setup fees or one-time services payments are nonrefundable.
2.4 LATE PAYMENT: Payments made by the billing of a credit card or debiting of a bank account are intended in part to avoid the inconvenience and cost to both parties of late or missed payments. However, it is Advertiser’s responsibility to ensure that NUVEW has the most up-to-date credit card or bank account information and that such methods are viable for payment of the fees due to NUVEW for the Advertising Services.
2.5 In the event of a failure of the payment method authorized by Advertiser, and one or more payments are made later than the due date, such late payments are subject to a late fee equal to the greater of $25 or 6% of the total payment due, but not to exceed the maximum amount allowed by applicable law. In addition to late fees, Advertiser agrees to pay all attorneys’ fees and costs incurred by NUVEW for late payment collection efforts. Customer shall owe, and NUVEW has the right to invoice for the then-current non-sufficient funds fee for all returned checks. NUVEW reserves the right to change payment terms by providing written notice to you for the period following notice. Fees should be paid in U.S. dollars. Fees do not include any telecommunication provider’s charges. Invoices will include additional charges for shipping and handling, if applicable, as well as applicable taxes. Further, you shall be liable for all costs of collection incurred by NUVEW, including without limitation, collection agency fees, reasonable attorneys’ fees, and court costs, if you fail to comply with the payment obligations set forth herein. Restrictive endorsements or other statements on checks or other forms of payment accepted and negotiated by NUVEW will not be enforceable as accord and satisfaction under any circumstances absent prior written consent by NUVEW.
2.6 The term of each Advertising Service shall begin as of the date of acceptance of these Terms and Conditions by Advertiser. Billing will occur in the form of a one-time payment or an automatically recurring monthly payment, as set forth in the specific product/service terms and conditions for the Advertising Service provided.
2.7 IF BILLING IS TO INCLUDE AN AUTOMATICALLY RECURRING PAYMENT:
— All payment for Advertising Services will be paid in advance on a monthly basis.
— Following the current contract term for any particular Advertising Service, this Agreement with respect to such Advertising Service shall automatically renew for successive one-month terms on the monthly anniversary date of Advertiser’s initial acceptance of these Terms and Conditions.
— After the initial contract term, Advertiser may cancel the automatic recurring payment, including the Advertising Services associated therewith, by providing notice to NUVEW by emailing Advertiser’s name, business name, email address, phone number, physical address, and domain, to info@NUVEW.com, with “Cancel Service” in the subject line. Provided such notice is received by NUVEW not later than 5:00 pm USA Central Time at least sixty (60) days in advance of the date on which the next automatically recurring payment is scheduled to be made, then the automatic recurring payment will be canceled, and the Advertising Services terminated at the end of the then-current term.
— In the event such notice is received closer than sixty (60) days to the next automatically recurring payment, then the next automatically recurring payment will still be made, the Advertising Services shall continue for an additional renewal term, and termination will instead occur at the end of that additional renewal term.
— No pro-rated refunds for partial terms or months will be provided.
— For clarity, if an Advertiser were to engage NUVEW for Advertising Services with a 365-day contract term, and the initial sign-up date were July 15 of a given year, and Advertiser wished to cancel the Advertising Services at the end of the contract term without incurring an additional month’s charge, Advertiser would need to provide written notice of cancellation sixty (60) days before June 15. One-time fee offerings have no continuing term because the same is provided upfront, the term thereof having been fulfilled upon initial delivery of the Advertising Service to Advertiser.
2.8. The fees for the NUVEW Products may include set up fees, deposits, Transactional Commitments (described in Order), Monthly Commitment(s) (described in Order), and other commitments (collectively the “Fees”). While some Fees may be expressed in terms of a Monthly Commitment, the Customer is obligated for the sum of any Monthly Commitments or other types of periodic payments throughout the Term. Deposits must be paid upon acceptance of an Order and are non-refundable. Transactional Commitments are payable when invoiced. Any changes or additions to Customer’s selections will affect the Fees.
2.9. Customer billing shall commence upon the commencement of the term set forth in your Order for each NUVEW Product unless otherwise designated.
3. TERM & TERMINATION.
3.1 The term of your Agreement begins (a) for customers launching or relaunching a website through NUVEW, on the first day of the month after the Customer’s website is launched or relaunched, and (b) for all other customers, on the date of the Order or as defined by the agreement between Customer and NUVEW. The term continues until termination of the Agreement as set forth herein (the “Term”).
3.2. If the Agreement includes an “Initial Term” it will be set forth in the Order. After the expiration of the Initial Term, if any, the Agreement will be extended automatically on a month-to-month basis, until either party terminates in accordance with the terms herein (each such extended term, a “Renewal Term.”). For avoidance of doubt, an Agreement for Products that consist solely of one-time development services shall not have an Initial Term or Renewal Terms, and shall terminate automatically upon NUVEW’s completion of such services and Customer’s payment therefor.
3.3. Either party may terminate the Agreement as follows:
a. By NUVEW, for convenience, upon thirty (30) days prior written notice to Customer.
b. By Customer, for convenience, upon sixty (60) days prior written notice to NUVEW. Such termination for convenience shall become effective on the first day of the next month following such sixty (60) day period. Customer’s notice hereunder must be via e-mail to NUVEW at info@NUVEW.com, with “Cancel Service” in the subject line, and must contain Customer’s name, business name, email address, phone number, physical address, and domain. Customer shall be responsible for all monthly charges or other Fees due and owing during such sixty (60) day period, and no pro-rated refunds for partial terms or months will be provided. In the event that Customer cancels this Agreement during the Initial Term, Customer shall be liable for the Early Cancellation Fees set forth in Section 3.5, below.
c. Effective immediately upon notice for a material breach by the other party that remains uncured for more than thirty (30) days after the allegedly breaching party receives written notice from the non-breaching party identifying the specific breach. Upon a termination pursuant to this Section 3.3(c), NUVEW may withhold all further Products and discontinue all services immediately upon issuance of the termination notice.
3.4. Except as set forth in Section 3.3 above, this Agreement may not be terminated by Customer during the Initial Term, except a) by following the “Early Cancellation Provisions” set forth in Section 3.5 below; and b) sixty (60) days after NUVEW receives written notice of termination as a result of complete dissolution of Customer’s business, or in the case of a solo proprietorship, if there is a death or retirement, and c) in the event of any increase in a Monthly Commitment, excluding i) any increases set forth in this Agreement, or ii) increases related to adjusting any estimates, provided that such notice is given in writing thirty (30) days prior to termination and is provided within thirty (30) days after the price increase becomes effective.
3.5. Customer acknowledges that its commitment to each Initial Term was an important factor in NUVEW’s decision to agree to the pricing in this Agreement. If NUVEW terminates the Agreement based on Customer’s breach pursuant to Section 3.3(c), then Customer shall be obligated to pay NUVEW all amounts invoiced and unpaid as of the date of termination, plus 100% of all deposits, set up fees or similar upfront charges in the Agreement. Such amounts are in addition to, and not instead of, any other remedies provided elsewhere in this Agreement, or by law for breach, including without limitation NUVEW’s right to seek injunctive relief and to sue for damages. If Customer terminates the Agreement pursuant to Section 3.3(b) during the Initial Term or a similar fixed term established in the Offer or other agreement with NUVEW, Customer shall be obligated as well as the Early Cancellation Fee equal to 60% of the total remaining amounts due under the Agreement for the remainder of the Initial or fixed Term. Hereinafter, the terms and conditions of this paragraph shall be referenced as the “Early Cancellation Provisions.”
4. COOPERATION & OTHER OBLIGATIONS.
In order for NUVEW to provide you the NUVEW Products you have ordered, throughout the Term, you shall promptly provide NUVEW true, accurate, current, and complete information, including but not limited to Your Content, access to your domain, website, and website files, and provide reasonable and timely feedback to NUVEW and its third-party providers on all requests for Your Content, your review, approval, and any other information. Failure to promptly provide such information may be considered a material breach of this Agreement by Customer and may result in the delay, denial, or suspension of the NUVEW Products or termination of this Agreement, at NUVEW’s option, under the Early Termination Provisions. You hereby acknowledge that information provided to NUVEW under this Agreement may be shared with NUVEW affiliates and other entities that have alliances with NUVEW.
5. USER ACCOUNT, PASSWORD, AND SECURITY.
You acknowledge receipt of one or more passwords and account designations for your NUVEW Products. Passwords are non-transferable and should not be shared under any circumstances. You are responsible for maintaining the confidentiality of the password and account designation. You will promptly notify NUVEW of any unauthorized use of your password or account or any other breach of security involving the NUVEW Products.
6. YOUR CONTENT.
6.1. By providing, posting, publishing, uploading, inputting, or distributing any Content to or through NUVEW or its NUVEW Products (“Your Content” defined above), you grant (or warrant that the owner of such rights has expressly granted) NUVEW a limited, worldwide, irrevocable, royalty-free, non-exclusive right and license, with the right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute Your Content or incorporate Your Content into any form, medium, or technology now known or later developed throughout the universe, for the purposes of developing, providing, displaying and marketing the NUVEW Products, for internal use for product development and for marketing purposes. NUVEW may compile and use aggregated non-personal information taken from Your Content and may provide such information to third parties. Aggregated non-personal information means information that is taken from Your Content or your use of the NUVEW Products, but that is compiled in a way so that it no longer identifies an individual person. BY ENTERING INTO THIS AGREEMENT, YOU UNDERSTAND AND CONSENT TO NUVEW EXTRACTING YOUR CONTENT FROM YOUR EXISTING WEB SITE(S) FOR USE IN THE NUVEW PRODUCTS. YOU FURTHER AGREE THAT SUCH EXTRACTED DATA A) SHALL BE CONSIDERED PROVIDED BY YOU FOR USE IN NUVEW PRODUCTS, AND B) IS SUBJECT TO THE LICENSE GRANT SET FORTH IN THIS SECTION 6.1. YOU AGREE THAT ANY INFORMATION EXTRACTED FROM YOUR WEB SITE WILL REPLACE CURRENT INFORMATION IN YOUR NUVEW PRODUCTS. IF YOU DO NOT POSSESS SUFFICIENT RIGHTS IN CONTENT ON YOUR WEB SITE TO ALLOW NUVEW’S USE OF THE CONTENT IN ACCORDANCE WITH THESE TERMS, YOU AGREE TO PROVIDE NUVEW PROMPT NOTIFICATION OF SUCH LIMITATIONS. SHOULD YOU WISH TO WITHDRAW OR LIMIT THE FOREGOING CONSENT AT ANY TIME YOU MAY, YOU MAY GIVE NOTICE TO NUVEW OF ANY DESIRED REMOVAL OR OF ANY LIMITATIONS ON USE EITHER BY CONTACTING NUVEW.
6.2. You are solely responsible for Your Content. You are liable for any material protected by copyright, trademark, patent, or trade secret law used in Your Content without the permission of the author or owner and for defamatory materials in any of Your Content. NUVEW is not responsible for reviewing Your Content before it appears on the NUVEW Products. You represent and warrant that (i) Your Content contains no offensive, harassing, inflammatory, defamatory, indecent, or obscene material, (ii) Your Content does not violate any applicable laws, regulations, or judicial rulings; (iii) Your Content is not false, misleading, deceptive, or fraudulent; (iv) you will endeavor in good faith to honor all promises, offers, and statements you make in Your Content and in any related materials, products, services, or communications you offer or make through Your Content; (v) you own or are authorized to use Your Content and all trademarks, trade names, and similar materials of any kind which are included in Your Content; and (vi) Your Content does not infringe upon or violate any intellectual property, proprietary, or other rights of NUVEW, its affiliates, and any third party. NUVEW reserves the right, in its sole discretion, to refuse to display or to remove from the NUVEW Products at any time any Content that it reasonably regards as violating this provision as otherwise inappropriate or as inconsistent with NUVEW editorial policies in effect from time to time. NUVEW reserves the right to release current or past information related to you if NUVEW believes that you or any of Your Content, any of the NUVEW Products you ordered, or your account is in violation of any criminal laws or is being used to commit unlawful acts, or if the information is subpoenaed.
6.3. Customer understands and acknowledges that: (a) NUVEW’s timely development and implementation of your NUVEW Products is contingent upon your timely provision of Your Content and feedback, (b) the NUVEW Products, Your Content, and media plans are subject to the rules of each applicable Media Outlet on which they may appear; and (b) once a NUVEW Product is distributed, posted, hosted or placed upon a third party Media Outlet Web site or search engine NUVEW assumes no responsibility for its display on or removal from that site;
7. UPGRADES AND OTHER SERVICES.
7.1 You hereby acknowledge that NUVEW may send you information (via postal service, email or other electronic means, and facsimile) and offers about upgrades and other services provided by NUVEW, its affiliates, and other entities that have alliances with NUVEW unless you provide written notice to the contrary. Notwithstanding the foregoing, under no circumstances will NUVEW, its affiliates, or other entities have any obligation to provide you with upgrades, enhancements, or modifications for the NUVEW Products.
8. PROPRIETARY RIGHTS.
Except as otherwise specified in the Agreement and except for Your Content and any domain name(s) you own, you acknowledge and agree that: (i) the Software; (ii) the NUVEW Products; (iii) the NUVEW domain names (iv) the NUVEW Web Sites and all content therein, (v) the NUVEW online services and all content therein; (vi) NUVEW owned or controlled logos, service marks and trademarks (the “Marks”) placed in any NUVEW Products and (vii) all Content other than Your Content, are owned by NUVEW and/or its licensors and are protected by copyrights, trademarks, service marks, patents, or other proprietary rights, laws, and regulations. As between you and NUVEW, you retain ownership of Your Content.
9. OTHER RESPONSIBILITIES.
9.1. You represent that you are solely responsible for compliance with all laws, rules, and regulations governing attorney advertising, ethical obligations, licensure, promulgated by any applicable jurisdiction, court, bar association, and any other governing body which are applicable to you, or other representatives, the NUVEW Web Site, and your use of the NUVEW Products.
9.2. If you include your email address or other contact information in any profile, posting, or other content, resulting in your receiving email or other communications sent from any third party, you acknowledge that you have the sole discretion whether to respond to that sender, who may be an impostor, and you do so at your sole risk. You are solely responsible for assessing the integrity, authenticity, honesty, and trustworthiness of all persons with whom you choose to communicate. You agree that NUVEW and affiliates shall have no liability or responsibility whatsoever for any communications, agreements, or transactions between you and any third party.
9.3. In the event you request that NUVEW add third-party services to your Web site, you agree to hold NUVEW harmless from any and all claims related to such third-party services and third parties, including but not limited to claims related to negligence, data breach, theft or piracy, whether intentional or unintentional, breach of contract, warranty, performance, or service outages, whether or not caused by such third parties.
9.4. You further agree to waive and release NUVEW from any and all claims related to or resulting from interference, alteration, disruption, damage, or access by third parties to your Web site, your computer network, and server, including all hardware and software systems, personal computers or devices connected to your Web site, computer network or server, and any data stored or maintained by you on such computer network and server, personal computers or devices, including any alteration, destruction, damage or access to data stored on your computer network and server or personal computers or devices, regardless of how such access or interference by such third parties originates.
10.1 You will indemnify, defend, and hold harmless NUVEW, its successors, assigns, parents, subsidiaries, alliance entities, affiliates and their respective officers, directors, employees, contractors, licensors, suppliers and agents from and against any and all claims, actions, demands, losses, expenses (including reasonable attorneys’ fees), damages, liabilities, taxes, penalties, assessments, judgments and costs arising out of, from, or in connection with (i) Your Content or NUVEW’s use of Your Content as permitted by this Agreement and the Content produced pursuant to this Agreement, (ii) your Web site, if any, its content, chosen keywords and phrases, and any services you offer in connection therewith, and any claims, demands, fines or penalties related to the operation of your Web site and claims related to the accessibility of your websites, including claims related to third party interference with or disruption of your Web site, (iii) any breach of your representations or warranties set forth herein, (iv) any breach by you under this Agreement or violation by you of applicable laws, regulations or ethical requirements, (v) your breach of any of the terms of this Agreement, or (vi) any communications you provide through any NUVEW Product, including, without limitation, any claims or allegations of intellectual property infringement, libel, and legal malpractice. If a third party threatens or files a claim covered by this Indemnification Section against NUVEW, NUVEW shall promptly give notice to the Customer. If a third party threatens or files a claim covered by this Indemnification Section against Customer, the Customer shall promptly give notice to NUVEW. Notwithstanding any provision to the contrary, the Customer’s obligation to indemnify NUVEW pursuant to this Section shall not depend upon the Customer fulfilling its obligation to make all payments required by this Agreement.
11. DISCLAIMER OF WARRANTIES.
11.1 YOU EXPRESSLY AGREE THAT USE OF THE NUVEW PRODUCTS IS AT YOUR SOLE RISK. THE NUVEW PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NUVEW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NUVEW, ITS LICENSORS, SUPPLIERS, SPONSORS, SUBCONTRACTORS, AND AFFILIATES MAKE: (A) NO WARRANTY THAT THE NUVEW PRODUCTS WILL MEET YOUR REQUIREMENTS, THAT THE NUVEW PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (B) NO WARRANTY ABOUT THE RESULTS OBTAINED FROM THE NUVEW PRODUCTS OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE NUVEW PRODUCTS, (C) NO WARRANTY THAT DEFECTS IN THE SOFTWARE, THE NUVEW PRODUCTS, OR THE RESULTS WILL BE CORRECTED, AND (D) NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE NUVEW WEBSITES, OTHER WEBSITES, OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH WEBSITES.
12. LIMITATION OF LIABILITY
12.1 EXCEPT FOR THE NUVEW OBLIGATIONS IN THE INDEMNIFICATION SECTION ABOVE, THE LIABILITY OF NUVEW IS LIMITED TO THE FEE PAID BY YOU FOR THE NUVEW PRODUCTS DURING THE 12-MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM OR CAUSE OF ACTION AROSE. EXCEPT FOR THE NUVEW OBLIGATIONS SET FORTH IN THE INDEMNIFICATION SECTION, NUVEW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF NUVEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NUVEW IS NOT RESPONSIBLE FOR ANY LOSS OF DATA RESULTING FROM NUVEW’S DELETION OF ANY OF THE NUVEW PRODUCTS, NETWORK OR SYSTEM OUTAGES, EQUIPMENT OR TELECOMMUNICATIONS FAILURE OR MALFUNCTIONS, FILE CORRUPTION, OR ANY OTHER REASONS. NUVEW IS NOT RESPONSIBLE FOR THE DELIVERY OF ANY GOODS OR SERVICES SOLD OR ADVERTISED BY YOU OR OTHERS. YOU ARE COMPLETELY RESPONSIBLE FOR ALL ACTIVITIES, FEES, AND/OR LIABILITIES THAT ARE RELATED TO OR RESULT FROM USE OF THE NUVEW PRODUCTS UNDER YOUR PASSWORD OR ACCOUNT. IN ADDITION TO THE FOREGOING, NUVEW SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM SUBSCRIBER’S NON-COMPLIANCE WITH ALL LOCAL AND STATE ETHICS RULES OR OTHER RULES APPLICABLE OR FROM SUBSCRIBER’S VIOLATION OF SUCH RULES.
13.1 If there is a conflict between any written terms of your Agreement with NUVEW and these terms and conditions of use, the terms and conditions of the written Agreement govern as to the subject of the Agreement.
14.1 The Agreement, including but not limited to its terms, conditions, and pricing information, is “Confidential Information” of NUVEW. Customer will receive and maintain Confidential Information in trust and confidence and not disclose or provide access to the Confidential Information to any third party. Customer will further limit disclosure within its organization to those persons who have a “need-to-know.” Customer understands disclosure of Confidential Information may cause competitive harm to NUVEW. If Customer breaches this confidentiality provision, NUVEW may, at its option, and in addition to any other remedy it may have under the Agreement, at law or in equity, immediately terminate the NUVEW Products provided under the Agreement without refund and immediately collect from Customer the Early Cancellation Fee.
15.1 Law. Unless specifically stated otherwise in the Agreement, this Agreement is governed by the laws of the State of Indiana without regard to its conflict of law provisions, and you and NUVEW submit to the personal and exclusive jurisdiction of the courts located within the State of Indiana. NUVEW may waive the foregoing exclusive jurisdiction provision by written notice from an authorized NUVEW representative or by filing a complaint in any other jurisdiction.
15.2 Waiver. The failure of either party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
15.3 Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect. If that term cannot be so interpreted or reformed, that term will be omitted and, if the term is essential to the Order, the parties will promptly begin good faith negotiations to replace it. The other terms of the Order will remain in effect and be enforceable with the invalid or unenforceable term interpreted, reformed, replaced, or omitted, as the case may be.
15.4 Claims. Any claim or cause of action arising out of or related to the NUVEW Products or this Agreement must be filed within 3 months after such claim or cause of action arose or is forever barred, except for NUVEW claims based on amounts billed, payments made, or your failure to pay for the NUVEW Products, regardless of any statute or law to the contrary.
15.5 Modifications. NUVEW may modify the NUVEW Products, withdraw NUVEW Products it ceases to offer, or modify this Agreement, in whole or in part, at any time upon reasonable advance notice to you with such modifications taking effect from the date of such notice forward. Notice of such modification or withdrawal may be made by or on behalf of NUVEW to you via email, regular mail, telecopy, delivery service, or posting on a NUVEW Web Site. If the terms and conditions applicable to your Agreement are materially modified, you may terminate the Agreement with ten (10) days prior written notice to NUVEW, so long as notice of termination is made within thirty (30) days after NUVEW issues such notice. You will be deemed to have agreed to such modified Agreement if NUVEW does not receive a notice of termination from you within such period. Notwithstanding the foregoing, you shall be bound by modifications to the Agreement for any use of the NUVEW Products following the notice of the change. If a NUVEW Product you ordered is materially modified, you may terminate that portion of the Order, including that NUVEW Product with ten (10) days prior written notice to NUVEW, so long as notice of termination is made within thirty (30) days after NUVEW issues such notice. You will be deemed to have agreed to such modification to the NUVEW Product if NUVEW does not receive a notice of termination from you within such period. Notwithstanding the foregoing, you shall be bound by modifications to the Agreement for any use of the NUVEW Products following the notice of the change. If a NUVEW Product is withdrawn from the Order, then you shall only pay NUVEW the pro-rata Fees and applicable taxes for such NUVEW Product through the date the NUVEW Product ceased to be provided.
15.6 Complete Agreement. The Agreement, including any exhibits, riders, and amendments, state the complete agreement between you and NUVEW concerning this subject and, except as stated otherwise in the written Agreement, supersedes all earlier oral and written communications between the parties concerning this subject.
15.7 Acceptance. The Agreement is subject to acceptance by NUVEW, which acceptance shall be evidenced by providing access to the NUVEW Products. You warrant and represent that you have the full right, power and authority to enter into this Agreement and to grant the rights granted herein without violating any other agreement or commitment of any kind and that the person accepting the Agreement on your behalf, whether such acceptance is in writing, electronically or through other means, has the power and authority to enter the Agreement on your behalf.
15.8 No Exclusivity. Orders do not grant Customer an exclusive right or privilege to receive Products. NUVEW may, in its sole discretion, provide similar or identical products to other customers, which may be competitors of Customer.
15.9 Relationship. Customer and NUVEW are independent contractors. Nothing in an Order is intended to or will constitute Customer or NUVEW as an agent, legal representative, partner, joint venturer, franchisee, employee, or servant of the other for any purpose. Neither Customer nor NUVEW shall make any contract, commitment, warranty, or representation on behalf of the other or incur any debt or other obligation in the other’s name.
15.10 Amendments. If an Order document specifies a process by which it may be amended, then NUVEW may amend it according to that process. No other amendment to an Order will be binding unless agreed to in writing executed by NUVEW and Customer, and no approval, consent, or waiver will be enforceable unless signed by the granting party. No preprinted term appearing in any document that is not part of an Order will be enforceable by the originating party against the other party unless that term is expressly accepted in writing by an authorized representative of the other party. No document will be deemed to amend an Order by implication.
15.12 Non-Assignment. Customer may not assign its rights or delegate your duties under this Agreement to access the NUVEW Products without the prior written consent of NUVEW, which consent shall not be unreasonably withheld.
15.13 Successors and Assigns. The Agreement will be binding on and will inure to the benefit of the parties’ and their respective successors and permitted assigns.
15.14 Force Majeure. No party will be liable for any damage, delay, or failure of performance resulting directly or indirectly from a Force Majeure. If a Force Majeure occurs, the affected party will notify the other parties and make commercially reasonable efforts to mitigate the adverse effects of the Force Majeure on the performance of the Order. This Force Majeure Section does not excuse Customer’s obligation to pay for NUVEW Products actually received.
15.15 Notice. All notices required under this Agreement shall be in writing and shall be served by personal delivery, United States mail, courier service, overnight delivery, or electronic mail.
16. ACCEPTANCE OF THESE TERMS AND CONDITIONS
16.1 Advertiser or its agent or representative verbally accepted a summary of key provisions related to payment, the term of service, and NUVEW’s cancellation policy, and/or expressly accepted these Terms and Conditions.
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The entire team at NUVEW has been just amazing. They were there to help us think through our entire project and what we were hoping to achieve. They were patient as we suggested some changes during the design process. They really helped make
Been with Nuvew for many years now. Hannah is great, smart, quick to respond, and always helpful. Has given me and my firm top-notch service since the beginning, and has put some killer websites together for us. Can't imagine working with anyone else
Hannah and Nuvew have helped my business grow since the beginning. They keep my websites current and visible. Nuvew is always ready to help whenever needed.
Exceeds expectations! Hannah, Colleen, Bridget & team are incredibly professional with a very quick response times. They thought of items to address with website, reviews, online bookings, social media, advertising, and more proactively for us before we even knew to ask about it
Awesome customer service with assisting in all types of online advertising. Fast response and turn around time. Very reassuring to work with a professional, efficient company. Thanks Nuvew!
Hannah is hands down a talented website designer. Very helpful.
Hannah and the rest of the team at NUVEW are consummate professionals and very responsive to the needs of our new firm. I would highly recommend them.
Working with Hannah and her team has been a terrific experience. Having worked with other web developers before, I really appreciated their responsiveness and patience as well as their attention to detail. The NUVEW team has exceeded expectations at every turn.
I am SO impressed and absolutely in awe by how amazing our website turned out! I worked directly with Hannah, Rabia, and Stephanie and each of them were so informative, quick to respond and answer any questions I had. We are so happy
Creating a website is a timely and stressful process. Hannah and her team make the experience seamless and very professional. Their creative eye for the layout and design are like no other! We would strongly recommend Nuvew for your website needs. They always
LOVE NUVEW. The team has been incredibly professional and the website they created for us is BEAUTIFUL. On top of doing great visual work, the team has been a pleasure to work with throughout our engagement, and when crunch time happened, they stepped
I transitioned my entire website over to Nuvew for re-design, development and SEO. Hannah and her team have proven that the recommendations and reviews are true - they made it so easy to understand the process and really took the time to understand
Working with Nuvew has been awesome. They were able to update our site and provide the technology to expand our marketing and sales campaigns. Would highly recommend if you're looking to increase your online presence, and give your website a facelift.
I can't say enough great things about Hannah and her team. The website they created for our firm is outstanding, but more importantly, it has lead to increased online visibility. They are very responsive to our requests and such a pleasure to work
Hannah and her team at NUVEW just finished work on an opportunity profile for our school, including a new portal we can use for all openings. The result is fantastic! She and her team were very responsive to our suggestions for changes during
WOW! am I happy we found NUVEW, after a horrible experience with another website developer we came across Hannah and her team and everything about NUVEW changed my whole perspective. Not only are they timely, they provide an excellent product. We just launched
Great company to work with! I am very pleased with the final website.
Many web companies make big promises, NUVEW keeps them. From discussing business objectives to the coding and details of the website, their team is superb. Looking forward to working on GoogleAds and other projects with them.
We have just launched our website that Hannah & her Team have been working on. They have put hours of creative design time & writing into all our pages. I do not know much about how websites work in order to produce the
Hannah and her team have been great! They created an attractive and easy to navigate website for our office. They have provided the much needed help with engaging Facebook posts and creating ads for both digital and print advertising. The entire team has
NUVEW created my law firm's new website with tons of content and videos. Hannah Trivette, the Regional Sales Manager, was with me every step of the way, and she was very accessible. I am a perfectionist, and fortunately, so is NUVEW. They worked
Very professional and easy to deal with. My website looks fantastic!
Hannah and her team are terrific! They are very responsive and helpful. I love how Hannah simplifies things for me to help me understand marketing tools and trends. I highly recommend them - I know they have helped my business to grow.
Very friendly and helpful people to do business with. Love both of my websites!
We have found Hannah and the NUVEW team to be personable, competent and good partners. They take responsibility and ownership for their work, and that cultivates further trust. When faced with the inevitable challenges, they search for solutions and implement those solutions in
Wow! What an awesome job Hannah and her team have done. The redesigned site has increased our customers inquires by 300% since the new site launched. The site is user-friendly and our customers love it. Thanks again to Hannah and her team of
NUVEW has been great to work with. Hannah and her team are very talented and professional. Every person at the Crown Point office has been very helpful and patient with our website development and social media. They are very proactive and their work
I was referred by another local business who had great success with NUVEW, and I too updated my company website. Within one week after its launching, we have received numerous requests for our services directly from our website. Everyone from NUVEW made the
I am very pleased with this company’s handling of our website and social media posting. They do great work, keep me well informed and make helpful suggestions. Their rates are affordable and their customer service is top notch. Hannah, my representative, has helped
I have been working with Hannah & the NUVEW team the past few months and they have been fantastic. We just relaunched our website with them and it looks great. Every promise that has been made has been delivered and I am very
Rarely in my professional or personal life for that matter has it been more of pleasure to write a sterling review as it is in this case. Hannah Trivett at NUVEW is a consummate professional. She and her staff are always accessible and
NUVEW did a great job on our website. They were on schedule and the product was great. We are seeing about 25% increase in our online reservations in the 1st month. Would highly recommend.
Great web design and customer service! Hope to have a long relationship.
Hannah and her team at NUVEW are amazing and we are very pleased with their work. They revamped our really awful and horrible looking website and turned it into a professional and marketable online presence, including fixing all of our social media platforms.
Working with Hannah and her group has been a wonderful experience so far. They are on the mark with all deadlines set, and they more than meet expectations. I've just started my ad campaign a little over a month now, and so far
Working with NUVEW has been an absolute joy. They have been extremely professional and attentive all throughout the design process of our company's new website. We are very happy with both the result and our ongoing relationship with Hannah and her team!
NUVEW has been great to work with. Their team is very talented and well rounded. It has been awesome to work with each person at all the different points of building a new site. I highly recommend them for all digital solutions for
NUVEW is a fantastic company! They communicate very well with us and help with any question or problem we have. Highly recommend.
I would recommend NUVEW 100%. Hannah and her team have been an asset to our company beyond belief. They have converted our old and outdated website into a wonderful, customer friendly and easy to use website. We have received numerous compliments about our
Fantastic team! Very innovative and responsive. They have helped us tremendously from day one!
Hannah and her group are extremely helpful and always keep traffic flowing to our business' website through updates and improvements. I would strongly recommend NUVEW.
NUVEW is hands down the best internet marketing company out there. I feel really lucky to have been referred to Hannah Trivette and her team by a colleague. They have done fantastic work for my law firm in increasing our visibility to potential
Hannah and her team have done an excellent job redesigning our website. She explained the marketing process in an uncomplicated way and is very responsive to any questions we have. I would definitely recommend Hannah and the NUVEW team to anyone wanting to
Hannah and NUVEW have been amazing! We love our new website design and appreciate all of the time and effort that they spent making sure that everything was perfect. Hannah is always quick to respond to emails and offer assistance and training. She
NUVEW knows how to deliver! Professional, knowledgeable and ready to respond when any questions come up. Hannah and her team are the best of the best. Highly recommend.
Hannah and her team did a phenomenal job redesigning my firm's website. I could not be happier with the results! The team at NUVEW is efficient, responsive and client-focused. I would recommend to anyone who asks.
NUVEW is very attentive to details and you don't have to chase after them to get things done! They have been very good to work with.
Working with Hannah and her team at NUVEW has been a true pleasure. She responds extremely quickly and is always checking in to make sure we are happy with everything. We couldn't be more thrilled with our website or the services provided, they
Absolutely the very best web design/marketing company around!! Wonderful customer care/service. Their staff went over and beyond to assist our firm with our website and marketing, and, they continue to do so on a regular basis. Number 1 in our book!!!
I am currently working with and just launched my website and I am beyond happy with the results and how I am presented through my work. Thank you, Hannah and the Team - you guys are awesome and truly overdeliver! So happy I
Hannah and her team were great to work with! There was constant communication, and it was a very interactive process.
NUVEW is a fantastic company. We hired them to create a new website for our business and could not have been happier with the experience or the result. The price was extremely reasonable, and their customer service was fantastic. We worked mostly with
NUVEW is outstanding. As a small law office, I was about to give up on internet marketing. I’m so glad I decided to give it one more chance with Hannah at NUVEW. She is always available to answer my questions and the web
NUVEW is the fourth company we have had to design and maintain a company website for us. We are impressed with their work designing our website, and also the track-able and visible updates and edits they continually make on our site. We are
I must say..... I am THRILLED with the new website design that NUVEW did for us. They made this process so easy and now we have an impressive website that we are proud to show to our customers! Very pleased.
We are very pleased with NUVEW's ability to market our law office of expertise on the internet. Everything was handled with the highest level of professionalism. Hannah and her staff are extremely informative and efficient. The technology expertise is superb; far better than
Hannah and her team are top notch! I would recommend her services to anyone looking for professional website development.
I am very happy with the website that was created for my law firm - www.kryszaklaw.com. Hannah and the team at NUVEW are great! Hannah was the first person to actually explain to me in layman terms why I needed to update my
The experience was good from beginning to end! I've never created a website before and was troubled with finding a reliable company to do it for me. Since I didn't know how to decern a good web development company from another. I chose
NUVEW has been with me since I opened my business. I trust them completely for my web design and SEO needs. They are always ready to answer my questions and available to help. The results have been a good investment and I highly
Not knowing about SEO and website development, I was wary of companies offering internet services, believing they promised more than they would deliver. Hannah addressed my concerns in an upfront and honest way. Once NUVEW went to work, the process was stress-free and
These guys did a spectacular job on our website -- it looks really sharp, and our clients are impressed. Hannah Trivette was wonderful to work with.
I have worked with Hannah at NUVEW for many years. She is one of the most responsive vendors for my business, and we regularly recommend NUVEW to our colleagues without hesitation.
Would highly recommend NUVEW! Striking web design, highly professional customer service and reasonably priced. Hannah and the team were incredibly attentive to detail and responsive to all of our requests. They made the process of revamping our website as quick and painless as