Terms & Conditions
- Our Services. Valens Point will provide the services as described in the Proposal referred to in the Pricing and Payment Terms (“Pricing”) and create the “Deliverables” (meaning final works created by Valens Point under this Agreement in the performance of the services for the Client).
- Your Obligations. Client agrees to provide the content and information to permit Valens Point to perform the services and create the Deliverables. Client shall also provide instructions and responses, including if applicable, access to the Client’s computing facilities and/or web hosting account if required by Valens Point.
- Your Content. Client represents and warrants that it owns or has sufficient rights to use all content provided by the Client.
- You Own the Final Deliverables. Ownership of all Final Deliverables and copyrights on all original designs remain the property of Valens Point until full payment for services and all related fees and expenses have been received by Valens Point. Unless otherwise stated, interim work products used or developed to create the Deliverables or options presented but not incorporated into the Final Deliverables, remain the property of Valens Point.
- Other Rights. If any such elements are part of the Deliverables, Valens Point grants to Client a perpetual, non-exclusive, royalty-free license to use those elements for the purpose of using or operating the Deliverables. Commercial third-party content or applications, or open source applications, may be subject to other license terms and Client agrees to comply with such terms and if necessary obtain the required licenses.
- Indemnity. Client indemnifies, holds harmless, protects, and defends Valens Point from any claim or suit against Valens Point arising from the use of content furnished by the Client under this Agreement or the use or misuse of the Deliverables.
- Limited Warranty. Valens Point represents and warrants that it has the skill and expertise to perform the services. Valens Point will assist with troubleshooting for questions for a period of 14 days after delivery, and after that, support will be billed hourly. Valens Point’s warranty does not extend to errors or failures arising from changes to the Deliverables after delivery, third-party viruses, defects arising with the Client’s operating system, or other failures beyond the control of Valens Point.
- Disclaimer & Limitation. Other than the foregoing limited warranty, Valens Point does not warrant the deliverables to be error free; or that the deliverables will achieve the particular results sought by Client, or that they are fit for the particular purpose of the Client. In no event will Valens Point’s liability for any claim made or arising out of this agreement, whether for breach of contract or warranty, negligence or otherwise, exceed 10% of the fee actually paid by Client hereunder.
- Promotion. Client agrees to allow Valens Point to use of their name, logo, and other reasonable material, to promote Valens Point’s services in press releases, emails, websites, and other uses.
- General Terms. The parties are independent contractors. This is the entire agreement between the parties. Valens Point reserves the right to engage its approved subcontractors as required to complete the service.
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12110 Sunset Hills Road
Reston, VA 20190
256 405 4346
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About Valens Point
We help technology services organizations grow by putting into action a marketing system containing the right balance of strategy, technology, process, and expertise that will get results.