Website Terms and Conditions effective from 24th May 2018
In these Terms and Conditions the following expressions shall have the following meanings:
1.1 Unless the context otherwise requires:
(a) References to “you” and “your” are to the client instructing us
(b) References to “we”, “us, “our” and the like are to Gymternet Media;
1.2 “Gymternet Media” or “Gymternet Media” means Gymternet Media with company number EIN 81-1177908. 15333 Culver Drive, Suite 340-433, Irvine, California, 92604
1.3 “Agreement” means the agreement in the agreed form to be entered into by Gymternet Media and the Client for the purpose of regulating the goods and services to be provided by Gymternet Media to the Client, whether as a written contract (in paper or electronic form) or verbal contract.
1.4 “Client” means the person, company or other legal entity identified as providing a request or instructing Gymternet Media to supply the Services.
1.5 “Confirmation Date” means the date of execution of the Contract
1.6 “Days” means each day of the week, including Saturday and Sunday but excluding Bank Holidays;
1.7 “Intellectual Property” means;
(a) podcasts, blogs, videos, images, audio, patents, copyrights, design rights, trademarks, service marks, trade secrets, know-how, database rights, rights in data, moral rights, rights protecting confidentiality and rights protecting goodwill and reputation and other rights in the nature of intellectual property rights (whether registered or unregistered)
(b) all other rights and forms of protection having a similar nature or effect anywhere in the world to any of the rights described in (a) above
(c) applications for or registrations of any of the rights described in (a) or (b) above; and
(d) the right to apply for registration of any of the rights described in (a) or (b) above;
1.8 “Invoice Date” means the date stated on the invoice provided by Gymternet Media to the Client in respect of the Services rendered;
1.9 “Minimum Price” means the price quoted, as agreed between the parties.
1.10 “Month” means the equivalent date of the Invoice Date in the following calendar month and each month thereafter:
1.11 “Services” means the goods or services to be provided by Gymternet Media to the Client under the terms of the Agreement.
- Terms of Business
2.1 These Terms of Business (together with any contract as the case may be) set out the terms and conditions upon which we agree to be engaged by you, to the exclusion of all other terms that you or we may purport to apply in connection with our engagement (unless otherwise agreed in writing between you and us).
3.1 The price payable for the Services shall be the price agreed by Gymternet Media and the Client on or before the Confirmation Date unless otherwise expressly stated and shall be confirmed in writing.
- Terms of Payment
4.1 For the provision of Services, payment is required to be made by Stripe or Paypal on the day of the Invoice Date.
- Intellectual Property Rights
There will be no transfer of the Intellectual Property Rights or other proprietary rights of Gymternet Media.
- Force Majeure
No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: Act of God, governmental act, war, fire, flood, explosion or civil commotion.