Terms of Service
Effective December 19, 2015 – Last Revision January 18th, 2022
By accessing and using this website you accept and agree to be bound by the terms and provision of this agreement. In addition, when using this websites particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE.
Ventus Design Studio will only knowingly provide its services to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Site, Software, and Content only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Site, Software, and Content are not intended for children under the age of 13
The Ventus Design Studio website (ventusdesignstudio.com) and its original content, features, and functionality are owned by Ventus Design Studio and are protected by internatioal copyright, trademark patent, trade secret, and other intellectual property or proprietary rights and laws.
If you purchase a custom website, you retain all ownership and copyright to the design, coding, and other content. Raw image files are available to you at an extra charge.
If you purchase a Starter Site, Ventus Design Studio retains all ownership and copyright to the design, coding, and other content. You may not have another designer, developer, studio, or advertising agency copy your website from our servers and move it to theirs. You retain ownership to any photos, copy, or other content you provided.
If you purchase a Branding Project (or Logo Project) you retain all ownership and copyright to the chosen design after the project has been paid for in full and the final files have been delivered.
You agree that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Ventus Design for inclusion in any project are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Ventus Design Studio and all related subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
Report any violations to firstname.lastname@example.org.
If we build you a custom website, it belongs to you, and you may transfer it to any designer or studio you wish. Any content you provide for us to use either belongs to you, or you have permission to use. Please don’t copy anything on the Ventus Design Studio website.
Fees and Payment Policies
Fees. You will pay to Ventus Design Studio the setup and recurring Fees for the Services selected by You during the set-up or Account initiation process. The Fees for each period of the Term will be the then current Fees for the Services on an as-quoted basis.
Automated Payment. You hereby grant Company permission to charge Your credit card for any and all Services on a recurring basis. We charge and collect Fees in advance for Your use of the Service, except for Commissions Fees (if any), which will be paid in arrears. We will automatically renew and bill your credit card or other automated billing arrangement every month for monthly Fees and anytime after signup for any setup or non-recurring Fees. If you feel the Fees in such report are in error you must notify Us of such error within 5 business days after You are charged. All Fees are non-refundable, except as otherwise provided herein.
Enforcing Payment. We reserve the right to take any action We deem necessary to secure payment for Services, including but not limited to suspending or deactivating any and/or all Services. You agree to indemnify and hold Us harmless from any liability resulting from Our actions attempting to secure payment for Services.
Taxes. All Fees are exclusive of all taxes, duties or levies; however they are designated or computed. You will be responsible for, and pay all taxes based on payments due as a result of paying for and/or receiving Services, which may include but are not limited to gross receipts, sales, use, or value-added taxes, duties, withholding taxes and other assessments now or hereafter imposed, exclusive of taxes based upon Company’s net income.
We provide you a service, and you agree to pay for it.
Ventus Design Studio shall reserve the right at any time it may deem fit, to modify, alter and/or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addion, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
There may come a time where we have to change or cancel our services.
Either Ventus Design Studio or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Ventus Design Studio shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be cause by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
Sometimes we may link to other websites. We have no control of what happens on those external sites.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Florida, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Broward County, Florida or the United States District Court for the Southern District of Florida. Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
We are in Florida, and follow the laws here.
All users herin agree to insure and hold Ventus Design Studio, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a user of our site may submit, post, modify, transmit, or otherwise make available through our Services, the use of Services, or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
We are providing the best service we can, but we can’t promise perfection. We are not liable for various things.
Limitation of Liability
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT VENTUS DESIGN STUDIO AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WICH MAY BE RELATED TOT HE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH A POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.