Terms of Service
Description of Service
Industry All Access (“Industry All Access or We”) provides a platform via our website and apps (“Industry All Access”), for our clients to book a team of designers, writers, developers and marketers in our analog and digital studio (“Industry All Access”). The following are the terms of service (“Terms”) for using Industry All Access and the Services.
We are rad and will continue to be so as we develop more features and services for Industry All Access in the future.
Acceptance of Terms
By using these services, you are agreeing on behalf of yourself, your company, and those who represent you, to comply with and be legally bound by these terms and all applicable laws.
By making a payment, you agree to all our terms, and your soul is ours.
Modification of Terms
Industry All Access reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Industry All Access will notify you by posting an announcement on this webpage. What constitutes a material change will be determined at Industry All Access’s sole discretion. If a signed service agreement is already in place, that agreement continues until a new payment is made. When a new payment is made, this agreement supersedes those terms.
If the terms change, we’ll notify you. If we already have an agreement, it’s still in place, and this one will take over when you engage us again.
Industry All Access grants the client a non-transferable license to the software with unlimited access, modification and use by the client and client’s Company. The software includes the executable computer programs, the source code and any related online documentation that accompanies the product. Title, copyright, intellectual property rights, including look and feel, and distribution rights remain exclusively with Industry All Access. The software may be loaded onto a maximum of 1 website.
Our design is our intellectual property and yours to use and modify. Please don’t be shady and sell it or use it for a different business.
As a condition to using our Services, you agree that we will manage your project on our website. Client reserves the right to be as inactive or proactive with project and task management. We do not respond in less than 24 hours to e-mail or text message requests.
Communicate timely so we can get things done.
You agree to respond within 3 days to Industry All Access questions and requests. Any delays in responses may adversely affect the timing of delivery and quality of services. In the event a client repeatedly fails to respond to Industry All Access during the production and fulfillment process, for a period of longer than 30 days, Industry All Access shall have the right to terminate this Agreement with no further obligation to client, and client shall have no right or claim for a refund of any fees.
Building a new business can be intimidating, and sometimes clients disappear. If our communications go unanswered, after 30 days we’ll terminate your project and stop following you in Instagram.
Client will engage Industry All Access as a consultant by submitting a payment for service. The initial payment will activate this agreement and commence services.
Each subsequent month (Plan) or module (A La Carte) of service may be activated through the submission of payment for that respective month or module. Changes to the scope of work are allowed as long as there is no increase in the Industry All Access time allotted for that respective phase or month.
We can move as fast as your budget will allow.
Change in Scope
Services in excess of the outlined scope of work will incur a fee at a rate of $175 per hour due Net 10. Non Industry All Access members, with emergency service requests, in need of less than 24 hour turnaround will be billed at a rate of $225 per hour. A $225 deposit is required at time of request.
If payment has not been received 10 days after the invoice date, we will send you a friendly reminder email. Payments not received 30 days after the invoice date will cause your account to be considered past due and late fees of 1.5% per month will apply.
If payment has still not been received by the next month’s statement, we will send an email or letter notifying you of a pending date of service termination. If no payment has been received by the date stated in the termination email, your service will be cancelled and legal action may be taken.
Work that exceeds your Industry All Access annual plan is $175 an hour. Rush work or emergency support is $225 per hour for clients without a Industry All Access membership.
The Terms shall be governed by and construed in accordance with the laws of the State of Pennsylvania, as if made within Pennsylvania between two residents thereof.
You, agree to defend, indemnify and hold Industry All Access, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services. Industry All Access reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction stating that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach.
If you’ve made it to the end of this page, we’re off to a good start. In the unlikely case of a break up, it’s not me it’s you–I’m keeping the vinyls.
Revised Dec 11, 2018