Unless otherwise previously approved in writing by WeddingWire, this Agreement will terminate at the conclusion of the Initial Term.
WEDDINGWIRE AND EVENTWIRE NETWORK
The WeddingWire Network and EventWire Network is continually evolving. There is no guaranty that during the Initial Term or any renewal term that the third-party partners will remain the same. Partners may be added or removed at any time without notice to Customer.
AD CREATIVE AND DESIGN MAINTENANCE RESPONSIBILITY
VENDOR RESPONSIBILITIES REGARDING OTHER SERVICES
- LISTING/STOREFRONT AD Customer is responsible for the creative aspects and development of its WeddingWire listing and the WeddingWire Storefront feature. The Customer may change the listing display and the WeddingWire Storefront feature. Any delay by the Customer in providing creative materials or input needed for the launch of a listing, feature or service shall not extend the term of this Order Form.
Customer is responsible for operation of any other tools or services provided by WeddingWire to Vendor, including keeping current its business and contact information, sending information and responding to client or prospective clients. WeddingWire is not responsible for the content of any contracts, communications, or interactions (the "Interactions") between Customer and its clients using WeddingWire-provided tools or services and shall have no liability for such Interactions.
GENERAL PAYMENT TERMS
Customer may purchase products and/or services hereunder in a variety of ways including (i) Self-Checkout; (ii) email sales quote; (iii) providing a credit card while on the phone with a WeddingWire sale representative; or (iv) signed order form. By completing the purchase transaction, Customer agrees to pay for the products and services provided by WeddingWire with a valid credit card or check payment. Customer may not change the form of payment without WeddingWire's consent.
UPGRADING PRODUCTS & SERVICES
Customer may add or upgrade additional products and/or services at any time by contacting Customer's WeddingWire account manager or by accessing Customer's WeddingWire self-service features on the web. Upgrades to existing products and services will be deemed as a new contract with the pro-rated refund on the unused portion of the preexisting Initial Term applied to the new contract as a credit. The fees for new products and services will be based upon the then current, generally applicable fees.
U.S. DOLLARS & U.S. TRADE REGULATIONS
Customers will be billed in U.S. Dollars and subject to U.S. payment terms. In no event shall any transactions be in violation of U.S. trade regulations. There shall be no refunds for products and/or services provided by WeddingWire. All amounts required to be paid hereunder do not include any amount for taxes or levy (including interest and penalties). Customer shall pay all sales, use, VAT, excise, property or other taxes or levies which WeddingWire is required to collect or remit to applicable tax authorities.
WeddingWire may accept credit cards and WeddingWire may automatically charge Customer's credit card in accordance with Customer's payment plan. If any fee is not paid on time or WeddingWire is unable to process Customer's credit card, WeddingWire may revoke access to Customer's account. Customer will not perform a chargeback for the fees paid hereunder by credit card. In the event Customer pays the applicable fees by credit card and Customer performs a chargeback on such fees, Customer shall be liable to WeddingWire for an amount equal to two times the applicable fee.
WeddingWire may terminate this Agreement for cause upon five (5) days written notice of a breach to Customer if such breach remains uncured at the expiration of such period. In the event of any termination or expiration of this Agreement, WeddingWire shall retain the right to keep any and all member reviews of Customer posted on the Website as well as basic directory information of Customer associated with such reviews, including without limitation, business name, address, and telephone number. Customer may not terminate or cancel this Agreement
and must fulfill the Initial Term or any renewal term.
If the Customer does not make payments on time based on their payment schedule, WeddingWire's delinquency process is as follows: (i) Customer account is suspended and access is revoked; (ii) Customer has five (5) days to bring to current balance after notification (which may include email notice); (iii) After five (5) days, the account is terminated and Customer's access to Customer's WeddingWire account is permanently revoked; and (iv) If Customer wants to reinstate Customer's account with WeddingWire after termination, Customer must (a) Pay the outstanding balance in full and (b) Execute a new one year agreement (paid in full) and fulfill the entire agreement.
Customer, at any time during the Initial Term or a Renewal Term, may buy out the remaining amount of the Agreement with one-time payment equal to the remaining fee due for the remainder of the Initial Term or Renewal Term, as applicable. Upon the successful execution of this transaction, the Customer may choose to downgrade to a Basic Listing.
If Customer believes WeddingWire has billed incorrectly, Customer must contact WeddingWire in writing no later than thirty (30) days after the Billing Date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.
This Agreement, including any documents incorporated by reference, shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto
The parties agree that this Agreement cannot be altered, amended or modified, except by a writing signed by an authorized representative of each party.
No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.
SEVERABILITY AND REFORMATION
Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
THE PRODUCTS AND/OR SERVICES PROVIDED BY WEDDINGWIRE ARE PROVIDED "AS IS", "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, WEDDINGWIRE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE PRODUCTS AND/OR SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS, INCLUDING, WITHOUT LIMITATION, WARS, TERRORIST ATTACKS, STRIKES, RIOTS, EARTHQUAKES, HURRICANES, TORNADOES, VOLCANOES, MAJOR WEATHER EVENTS, INTERNET CONGESTION, ATTACKS ON OR FAILURE OF INFRASTRUCTURE, TROJAN, VIRUS OR MALWARE, AND DENIAL OF SERVICE (DOS) ATTACKS (THE "FORCE MAJEURE EVENTS"). WEDDINGWIRE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE FORCE MAJEURE EVENTS.
For all questions related to billing, please contact WeddingWire at email@example.com
or by contacting us at 1-301-231-WIRE (9473).