Terms & Conditions

 

WebSwagger.com is managed by InGroup, Inc. — a full-service creative agency providing innovative marketing and communications services since 1995.

By contracting to work with WebSwagger.com you are agreeing to the POLICIES, TERMS and CONDITIONS stated within this Web site. By placing a deposit to begin work on any project or any project whereas WebSwagger.com is hired to develop, design and/or print any work, you have entered into a contractual agreement subject to the Terms and Conditions.

Web Program Policies, Terms and Conditions
Before signing up for any WebSwagger© services, you must understand and agree to the following facts, terms and conditions:

WebSwagger© / HealthVibe® Basic / Pro Web Plans are database-driven programs used to build and manage the Web site and are owned by InGroup, Inc. We do not sell any software to you. We grant permission for you to access our Program and assist you in creating and maintaining your Web site on the Internet. Our customers have rights to any graphics or content stored on their Web sites. Custom Web projects and other third-party Content Management Systems (CMS) have less limited restrictions.

We allow you to upload your information and images to your Web site using our system. However, you must first agree to follow all rules regarding content. These rules include the following:
You may not upload anything that:

  • may be considered deceptive.
  • may be defamatory or libelous, lewd, or obscene.
  • may be racist, threatening, harassing, libelous or a violation of intellectual property laws.
  • promotes stolen, pirated or unlicensed copyrighted material.
  • violates any laws regarding unfair competition, anti-discrimination or false advertising.
  • contains viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful programming routines.
  • infringes on any third party copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy.
  • violates any applicable law, statute, ordinance or regulation.

All materials deemed to be in violation of any of these rules are subject to removal at our discretion.

To clarify further: Our Web Program and databases remain on our servers at all times. You are accessing our system for use in selling your products or services.

We will provide you with a password to the secure client administrative area from which you, the client, may update, add to and remove items. You must keep your password private at all times. If your password is compromised and you cannot change it using the manager console, you agree to contact us immediately to change your password.

We will not be held responsible for downtime or damages resulting from downtime.

We do not allow for the resale of our system by customers, nor do we sell the source code of the system.

We reserve the right to suspend accounts for non-payment.

You will provide payment in advance of services provided and may authorize InGroup, Inc. to charge your credit card. You may pay monthly for hosting (invoiced quarterly) (a credit card set up for recurring charges is required) or prepay 12 months for a discounted price. This hosting agreement renews every month unless it is cancelled in writing by you. In the event of cancellation, any hosting prepayment will be prorated and returned to you. Set-up fees are non-refundable. Cancellations must be in writing and sent to:

InGroup, Inc.
P.O. Box 206
Midland Park, NJ 07432

All websites are built on our development server. Hosting fees for Webswagger/Healthvibe web sites are $40 per month and include site monitoring, e-mail, and 1/2 hour of site maintenance text edits each month. Unused minutes are not accrued and cannot be carried over from month to month. Any text edits or other site maintenance above and beyond the included 1/2 hour are billed at $ $23.75 per 15 minute increment, or $90 per hour. All comps or previews of website update requests are billable. Other site platforms/software may have different rates and maintenance terms. For all hosted sites, first month hosting deposit is required upon package payment. Hosting is payable either by pre-paying 12 months via check or credit card or month to month via recurring credit card payments only. Hosting fees commence once the site goes live —except in the case when you, the client, delay site progress beyond 45-days, in which case, the customer is responsible for a $10 monthly hosting fee. This extension is valid for 120 days. If more than 120 days passes without the website going live, the project is considered inactive and may be subject to removal from our development server. If the client wishes to proceed with site development at that time a reinstatement will apply in the form of a new set-up fee.

Single Point of Contact: You’ll provide a single point of contact for approvals on all project elements.

Guidance on Source Materials: You’ll provide accurate and complete guidance, including any available source materials for contracted services. By supplying images, text/content and other data to InGroup/Webswagger.com, the client declares that it holds the appropriate copyright and/or trademark permissions. The liability of provided images/content for copyright and authorization rests on the client.

Schedules: We’ll agree upon a reasonable schedule, and you’ll provide feedback and source materials consistent with that schedule.

Indemnification: You agree to indemnify, defend and hold us harmless from and against all liabilities, losses, damages or expenses, including reasonable attorney fees and costs, which may incur as the result of a claim. In addition, we will not be held responsible for downtime or damages resulting from downtime.

Confidentiality: Each of us agrees to keep confidential and not to disclose or use for our own benefit or for the benefit of any third party (except as may be required for the performance of services under this agreement or as may be required by law) any information, documents or materials which are identified by a party at the time that they are made available to be proprietary or confidential. The confidentiality obligations in the preceding sentence, however, shall not extend to any information, documents or materials that (a) become publicly available without breach of this provision, (b) are received from a third party without restriction, or (c) are independently developed without reference to information received here under from the other party, and provided further that such obligations shall expire upon the second anniversary of the effective date of termination of this contract.

Final Approvals: You are responsible for review and approval on all materials. You’ll be responsible for the accuracy, completeness and propriety of information concerning your organization, products, services and industry, which you furnish to us. It will be your responsibility to review, and our responsibility to present to you and receive Final Approval of all materials prepared by us under this Agreement to confirm that the representations, direct or implied, with respect to your organization, products, services and industry are accurate and supportable by you. You will also confirm the accuracy and legality of the descriptions of your organization, products, services, industry and competitive products and services. Customer acknowledges that final editorial review and proofreading is ultimately the customer’s responsibility.

Cancellation: Each of us may cancel any project at anytime with 30 days written notice. Hosting prepayments will be prorated balance returned. Set-up fees and any prepaid work/hours are non-refundable. Any project work up until the point of cancellation is billable.  You may request a HTML site copy for a one-time fee of $125. Please note that the content management ability will be lost upon site transfer and add-on features designed for our Program may no longer work if they are transferred to another server.

Browser Compatibility: With the multitude of web browsers and versions currently used, and the functionality and features found in each new version, InGroup Inc./Webswagger.com endeavors to create websites that are compatible with the most current version of the following modern browsers versions released within the last 2 years: Firefox, Google Chrome , Safari and Internet Explorer (versions 10 and later). Testing is done at the time of website launch for the current release versions of the browsers previously listed. While we strive to troubleshoot compatibility issues for older browser versions, we cannot guarantee that websites/applications/third party plugins will operate appropriately in older browsers.

Technical Support Policy: The WebSwagger team is available to help you with your WebSwagger Content Management System (CMS) usage along with the initial set-up of your hosted email accounts. If you are in need of technical support beyond this complimentary service, we will attempt to assist you at billable time for third party platforms, programs and devices. The rate for this service is $45.00 for the first half hour and then $23.75 for every 15-minutes beyond that, with a minimum half hour purchase. Due to the multitude of popular software programs and hardware devices utilized today, we recommend that you utilize the assistance provided by third party providers first as a cost-saver.

There are no hidden fees by WebSwagger ever – once you have exceeded your complimentary service, know that a team member will always remind you if you are commencing billable time. Billable time will be for active phone support. For example, if you hang up the phone to try a remedy and call back, your on-air phone time only is what you will be charged for.

Retention of Materials: Confidential materials provided to us shall be maintained for a period no longer than one year and, thereafter, either returned to you or discarded at the end of our business relationship.

Ownership of Materials: We acknowledge and agree that, upon payment of all sums due to us under this Agreement any custom Web sites generated shall be both your property and ours, subject to any third party rights, restrictions or obligations of which we notify you. Likewise, you acknowledge that we retain ownership of all works of authorship created by or for us prior to or separate from the performance of services under this agreement including, but not limited to, our proprietary information/services, such as our Basic, Pro, and Advanced Web Programs and any third party relationships held by us. Customer acknowledges that the Basic, Pro, and Advanced Web sites are not transferable to another server. Upon termination of services, the Customer’s Basic, Pro, and/or Advanced Web site will no longer be available to the Customer or others seeking to view or access the site. You may request a HTML site copy for a one-time fee of $125. Please note that the content management ability will be lost upon site transfer and add-on features designed for our Program may no longer work if they are transferred to another server. Custom Web sites have no such restrictions and can be moved to another server upon written request.

Agreement Disclosure: We may publicize our agreement to work with you in the form of press releases and announcements and will immediately include your name in our client roster for the purpose of further business developments efforts.

General Terms: (1) Nothing contained in this Agreement shall create any partnership or joint venture between the parties and we shall not be deemed to be your employee. We will be acting as your agent when purchasing materials or services on your behalf, and you agree that all orders placed and contracts entered into by us on your behalf with our suppliers and other persons may so state. You acknowledge that we may from time to time use consultants and/or subcontractors in the performance of our services hereunder. (2) This agreement is made in New Jersey and shall be construed and interpreted in accordance with the law of New Jersey, without regard to conflict of law rules or principles thereof. The parties agree that any and all lawsuits or other claims arising from this shall be brought to the courts of New Jersey for resolution.

InGroup, Inc.
P.O. Box 206
Midland Park, NJ 07432
(888) 772-6400 PH
(201) 612-1232 FX

Rev: 5/2013