This Agreement applies to all Site visitors and users of AUSTERE Subscription Services. If you don't agree with any term or condition in this Agreement, please don't use any AUSTERE Service.Austere is an creative and marketing agency that provides services to clients through digital tools, education, and direct services that result in digital assets through video, photo or design and strategies for marketing and releases.
I. TERMS AND CONDITIONS OF SALE
For each subscription service you sign up with us on, you agree to pay the price applicable for the service as of the time you submitted your order (“Product Price”) and any applicable Taxes. If you order a subscription to a service (with a monthly term, or a term of 3 months, 6 months or twelve months), then you agree to pay the applicable Product Price and Taxes upon each date, until you terminate your Subscription in accordance with the directions on the Site. Your next billing date will be 30 days from your last. All assets created for you in each respective month must be requested within that month in order for our team to have time to create it, once the month is over, your amount of assets available for creation does not roll over and we begin with the new agreed upon amount for the new month. Please note that if you decide you do not require all assets created within that month or would like us to limit our support for you in said month, you can leave a written note to our team via email (email@example.com, firstname.lastname@example.org) or by mailing address (see below). As such, if you purchase a Subscription, until such time as you terminate your Subscription in accordance with the directions on this site, you hereby authorize, agree and assent to the Company automatically billing your credit card submitted as part of the order process for such amounts that are due. You will be solely responsible for payment of all taxes (other than taxes based on Company’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Service purchase (“Taxes”) not withheld by Company, including, without limitation, all Services purchased pursuant to any Updated Subscription. All payments are non-refundable (except as expressly set forth in this Section II). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts.AUTOMATIC MONTHLY RENEWAL TERMS: AUSTERE will automatically process your Monthly Subscription fee or send you a bill in the next billing cycle. AUSTERE will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate, until you cancel your subscription. We explain how to cancel your Monthly Subscription below at the Section "Cancellation Policy".
You can cancel a monthly subscription anytime if you no longer require our services. Please cancel by email (email@example.com) at least two business days prior to your subscription’s auto-renewal date if you do not wish to continue receiving our services. Alternatively, if our team at AUSTERE feels we are not being treated with respect and you are not adhering to the Statement Of Work agreement you sign when beginning work with us (including a 3 day turn around feedback maximum), we will terminate our subscription model with you via email and will not be required to finish out the month’s worth of asset services if we feel the situation has become uncomfortable and emotionally toxic. Auto-renewing subscriptions (pay every 3, 6 or 12 months) can be turned “off” at any time - meaning we will cancel the next automatic renewal of the subscription (instead, the subscription will expire). Auto-renewing subscriptions cannot be canceled mid-term. Non-auto-renewing subscriptions can be canceled for the following month but can not be canceled for the current month once it’s already been paid. To turn “off” your subscription’s auto-renewal or to cancel, please go to app.hellobonsai.com and follow the cancellation instructions there or email us at firstname.lastname@example.org.
II. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
THE SERVICE, THE SITE (INCLUDING THE DOWNLOADABLE TOOLS), ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING, AND THE PRODUCTS (EXCEPT AS SET FORTH IN SECTION III. F) ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, SOCIAL GROWTH, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. THE SUBMISSION OF ANY USER CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL BY OUR TEAM THROUGH OUR SERVICE AND/OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE SITE OR SERVICES, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL USER CONTENT. WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR SERVICE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SITE OR SERVICE.NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE OR SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITE OR SERVICES AND FROM THE OUTPUT OF THE SITE OR SERVICES. YOU UNDERSTAND THAT WE HAVE DEVELOPED OUR TECHNOLOGIES TO FIND INFORMATION THAT WE BELIEVE WILL BE MOST RELEVANT AND INTERESTING TO YOU. ACCORDINGLY, WE MAY IN OUR DISCRETION FILTER OUT LINKS TO CONTENT AGGREGATORS. SEARCH ENGINES OR OTHER ONLINE SERVICES WHOSE TECHNOLOGIES AND SERVICES, IN OUR OPINION, ARE INCONSISTENT WITH THESE OBJECTIVES.
LIMITATION OF LIABILITY
USE OF OUR SERVICES, THE SITE (INCLUDING ANY DOWNLOADABLE TOOLS), AND/OR THE PRODUCTS ARE AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS EXCEED THE GREATER OF (1) FIFTY DOLLARS (U.S. $50.00) OR (2) THE AMOUNTS YOU HAVE PAID TO COMPANY IN THE PRIOR 6 MONTHS HEREUNDER.YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICE (INCLUDING ANY DOWNLOADABLE TOOLS), AND THE PRODUCTS TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICE OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.
THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND LIABILITY CONTAINED IN THESE TERMS DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER, I.E., A PERSON ACQUIRING GOODS OTHERWISE THAN IN THE COURSE OF A BUSINESS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND REMEDIES CONTAINED IN THESE TERMS SHALL APPLY TO CUSTOMER ONLY TO THE EXTENT SUCH LIMITATIONS OR EXCLUSIONS AND REMEDIES ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE CUSTOMER IS LOCATED. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND OUR COMPANY (INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES, CLAIMS, DEMANDS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR APPLICABLE LAW OR YOUR USER CONTENT.
III. TERM AND TERMINATION
These Terms will become effective and binding when you use the Site or Services, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place in contracts (such as the Statement of Work) (which ever occurs first). We reserve the right to terminate these Terms, your Account, and your access to the Service at any time without notice.
Contact Information: info at austerevisuals dot com