Terms and Conditions

Overview of Terms & Conditions for Union Window Films Dealers

This overview encapsulates the key aspects of our comprehensive Terms and Conditions, focusing on our commitment to Union Window Films Dealers and the integrity of the Union Window Film brand. The exclusive platform for authorized dealers of Union Window Films, tailored specifically for local window tinting businesses.

Throughout the Terms and Conditions, ‘Union Window Films,’ ‘The Company’, ‘company’, ‘we,’ ‘us,’ or ‘our’ will refer to Union Window Films as the provider of window film products and services including Union Window Film Agency Web Services. Our valued clients, who are authorized dealers engaging with our products and services for retail use, will be referred to as ‘dealers,’ ‘users’, ‘you,’ or ‘your.’ This language is adopted to ensure clarity and precision in our communication, emphasizing our commitment to a professional and transparent relationship with our dealers.

Exclusive Partnership with Union Window Films Dealers: As a dedicated provider of local window tinting services, we offer Union Window Films Dealers access to our specialized website templates, designed to showcase and promote the unique qualities of Union Window Films.

Commitment to Authenticity and Brand Integrity: Our services are rooted in maintaining the authenticity and integrity of the Union Window Film brand. The website templates provided are specifically engineered to highlight the excellence of Union Window Films products and should strictly feature information pertinent to these products alone.

Strict Prohibition on Non-Union Window Films Products:

• Dealers are required to exclusively sell, install, and promote Union Window Films.
• The dissemination of information about competing products on Union Window Films-themed websites is strictly prohibited.

Rationale Behind Strict Product Exclusivity:

• Preventing Customer Deception: It is crucial to avoid misleading customers who are drawn to the website by the reputation of Union Window Films products, only to be offered alternative brands. Such practices can erode trust and damage the dealer’s credibility.
• Brand Consistency and Quality Assurance: The Union Window Films brand is synonymous with quality. Introducing other products can compromise this promise and dilute the brand’s value in the eyes of customers.
• Optimized Marketing for Union Window Films Products: Significant resources have been invested in optimizing our website templates to enhance the marketing and sales of Union Window Films products. Introducing other brands undermines this investment and the strategic marketing efforts designed to benefit our dealers.

Consequences of Non-Compliance: Dealers who violate these terms by promoting or selling non-Union products, either in-person or online, will be subject to prompt termination of our website services. This measure is essential to uphold the brand’s integrity and safeguard the investments of both our company and our committed Union Window Films Dealers.

Conclusion: By engaging with our services, Union Window Films Dealers agree to honor the exclusivity of Union Window Films products, thereby maintaining the brand’s esteemed position in the local window tinting market. Adherence to these terms is essential for a successful online presence focused solely on promoting Union Window Films.

Introduction

By accessing the website unionwindowfilms.com (collectively the “Site” or “Website”), submitting information to us or using the Service constitutes your Agreement to these Terms and you consent to the collection, use, and disclosure of information as described in these Terms and our Privacy Policy which is incorporated into and forms a part of these Terms.

The Company provides a platform for the development and hosting of websites. We reserve the right, acting in our sole discretion and at any time, to revise these Terms, including the Privacy Policy. It is your responsibility to ensure that You are aware of the current Terms when you access or use the Site. We will notify you of any substantial changes via electronic mail. Your continued use of the Services after any change to this Agreement constitutes your agreement to be bound by any such changes. The terms of this Agreement shall govern the use of any new features that augment or enhance the current Services, including the release of new Company Services.

1. General Terms

To use our Service, you must be eighteen (18) years or older and have the requisite power and authority to enter into these Terms. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of the Company.

You understand that the technical processing and transmission of the Service, including content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. You must not transmit any worms or viruses or any code of a destructive nature. You agree that You will not interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service.

The Company may monitor, terminate or suspend Your Account at any time. The Company may immediately, and without prior notice, terminate Your ability to access the Service or portions thereof for any reason including, without limitation: (i) if You violate or otherwise fail to strictly comply with any term or provision of these Terms, (ii) if we have determined that Your use has created or potentially will create risk or legal exposure for the Company, or (iii) in response to requests by law enforcement or other government agencies.

You acknowledge and agree that any termination or suspension of Your Account may be made by us in our sole discretion and that we shall not be liable to You or any third-party for any termination or suspension of Your Account or access to the Service.

The Company may use third-party features and/or hosting partners to provide the technology required to run the Service. You agree to indemnify, defend, and hold harmless the Company and its suppliers from any and all loss, cost, liability, and expense arising from or related to Your data, Your use of the Service, or Your violation of these terms.

2. Privacy Law

You acknowledge and agree that any personal information, emails, and/or customer data provided by You to the Company or data collected by You or collected through Your use of our Service, has been collected lawfully according to applicable privacy laws, including the General Data Protection Regulation (GDPR). We will not be held liable for any failures by You to follow privacy laws. We agree to utilize data we collect only for the purposes set forth in our Privacy Policy and we will fulfill our obligations to keep such data secure.

3. Union Window Film Custom Site Payment Terms

1. You agree to pay The Company an initial development fee (the “Setup Fee”) if exists in the package, due immediately upon signing up, and a monthly hosting & service fee (the “Monthly Fee”) as dictated on the Website (depending on chosen products during or after signup), which is initiated immediately upon beginning development.
2. The company reserves the right to increase any and all fees currently listed on the Company website. We will give you thirty (30) days’ notice of such increases.
3. Invoices shall be submitted by the Company for payment by the Customer. Payment is due upon receipt and is past due ten (10) business days from receipt of the invoice. A finance charge of 2% per month on the unpaid amount of an invoice, or the maximum amount allowed by law, will be charged on past-due accounts. Payments by Customer will thereafter be applied first to accrued interest and then to the principal unpaid balance. Customer shall also be liable for all attorney and collection fees arising from Company’s efforts to collect any unpaid balance of Customer’s account(s).
4. The Setup Fee is 100% refundable if the customer has requested a refund prior to commencing work on the website and so long as the request for a refund is made within (6) months from the time that the purchase was made. Once work has commenced and the site has been provisioned, the initial fee will become non-refundable unless other terms are agreed to. Any other fees incurred as a result of a work order or job requested by the customer are non-refundable unless other terms are agreed to unless other terms are specified. 
5. Customers who are current in paying their hosting fees will receive ongoing updates to their website, in the form of WordPress updates, Plugin Updates, Theme Updates, or other, as such updates are released by the Company and its partners. The Company reserves the right to determine the timing of any Scheduled Updates. Any work performed by the Company on the Customer website beyond the Scheduled Updates must be agreed to in writing and will be billed and invoiced at an agreed rate, and it will be due upon the receipt of the invoice. Any special requests that must be completed within two (2) business days of a Customer request shall be considered rush requests and may be subject to increased rates.

4.Use of Union Window Films Websites and Advertising Union Window Films Products and Films Requirement

As a user of Union Window Films website services and platforms, it is required that you are an authorized Union Window Film dealer. Our services and websites are designed to promote and facilitate the use and sale of Union Window Films products and films. Therefore, it is essential that users of these services are officially recognized dealers of Union Window Films products.

5. Rights Reserved for Non-Compliance:

Union Window Film maintains a focused policy on the promotion and sale of our exclusive range of Union-branded window films and products through our online platforms and services. While we strictly prohibit the advertising or selling of competing window film brands on Union Window Film platforms, we encourage the promotion of complementary products, such as but limited to ceramic auto coatings, vehicle wraps, paint protection films, and car detailing products. If there is any uncertainty regarding whether a specific product could violate this clause, we strongly urge our dealers to contact us at contact@unionwindowfilms.com for clarification. This proactive step ensures adherence to our agreement and helps maintain a mutually beneficial partnership.

6. Term & Termination

This Agreement shall be effective as of the date you place an order for Services, and shall remain in force until it is terminated. This Agreement may be terminated by either party upon thirty (30) days’ written notice to the other. This Agreement shall also terminate if a party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within twenty (20) days of receipt of the notice of breach. This Agreement may be terminated by Company as stated above and also (i) immediately if Customer fails to pay any fees hereunder; (ii) if Customer fails to cooperate with Company or hinders Company’s ability to perform the Services hereunder; (iii) if Customer includes in their website any adult material or material that is deemed illegal, immoral, or improper in any jurisdiction; or (iv) if Customer includes in their website any material that infringes the intellectual property of any third party. Additionally, the Company may terminate the Service at any time, and the Customer may also cancel the Service at any time. Upon termination, Customers are not permitted to use any images or content from the website as they are owned by the Company.

7. Service & Hosting Terms

The Company’s product is a customized website configured through WordPress and hosted through the Company. Upon payment of the Setup Fee we shall set up and customize the website for the Customer as per specifications. After initial customization is complete and the site has been moved to the Customer’s primary domain, the Customer shall update and manage the content of their website through their WordPress administrative dashboard. The customized website shall only be hosted on our servers and cannot be transferred to a third party hosting provider. Our company reserves the right to restrict and control the use of, and application of any 3rd party plugins or products in use on the network. The Company does not guarantee or advertise flexible 3rd party product use within site environments. All 3rd party products in use on the network are carefully reviewed for compatibility, value, and usefulness. Requests for features, plugins, updates, or fixes may be submitted for inquiry through company support.

For Union Window Films websites, the Company agrees to work with the Customer for one (1) round of revisions without incurring any additional fees. If the scope of the project changes, or work has to be ‘re-done’ (vendor change, or in more general terms, a substantial modification to the original agreed upon scope of the project), the Company reserves the right to charge additional fees for labor incurred as a result.

Please refer to Appendix A for a full list of work that falls outside the scope of the Company’s site setup process. Please refer to Appendix B for a schedule of labor rates.

We do not monitor the content of our Customer’s websites. However, you agree not to include in your customized website any content that infringes the intellectual property of anyone, including but not limited to copyrighted text, copyrighted images, and trademarks. Hosting includes 5Gb (megabytes) of storage space for text, documents, and pictures.

Uptime checks are permitted under the following conditions:

1. Maximum of 1 uptime “check” request per 5 minutes, per site
2. ALL uptime checks MUST check https://mydomain.org/am-i-up
3. NO OTHER URLs are allowed to be checked
4. All uptime checks that do not match these requirements will be throttled and/or blocked completely. Throttled checks will appear, incorrectly, as downtime in your uptime check
5. Uptime checks and bots MUST NOT set a Cache-Control header to bypass cache

The company will ensure 99% website uptime for a given month. Scheduled maintenance time of less than five hours each month will not be counted towards the downtime guarantee.

The Company shall maintain the right to display a link, including a linked image, to our websites, including but not limited to: https://unionwindowfilms.com

8. Disclaimer & Warranties

The Company makes no representation or warranty that the Service or other information provided, regardless of its source, are accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Service. The Service and any third-party software and services are provided “as is,” with no warranties whatsoever. The Company and such third parties expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness, and performance of the software or service and such third party software or services.

You acknowledge that You will keep a backup copy of any content You upload and/or transmit through the Service and the Company will not be held liable should content be lost.

You shall not upload or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

Any testimonials or examples shown through the Company’s Website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Service. You acknowledge that the Company has not and does not make any representations as to the future result that may be derived as a consequence of the use of the Service.

9. Intellectual Property Rights

Our customized online store will only be hosted on our servers. Customers may transfer their domain and customized store to another host, but all Union Window Film licensed content will be removed. We retain all intellectual property rights in the website, including copyrights, under all circumstances, even if this Agreement is terminated by either party. You are prohibited from copying, imitating, modifying, altering, amending, or using any intellectual property without our prior written consent. This Agreement does not transfer any intellectual property ownership or rights from us to the dealer, nor does it grant any rights or licenses beyond those explicitly stated in this Agreement.

All data, text, and images uploaded by the Customer onto the website shall remain the property of the Customer. You agree that any and all content You upload and/or transmit through the Service is lawfully owned by You. You agree that You own the copyright or have the proper permissions for all content and images You upload and/or transmit through the Service. Our Company will not be held liable for any copyright claims against your content. If you believe that material available on our Site infringes on your copyright(s), please notify us by submitting a Digital Millennium Copyright Act (DMCA) notice. After we receive a valid and complete notice, we will investigate, remove the material, and make a good-faith attempt to contact the user who uploaded the material, via email

10. Elementor Framework Terms

The Company reserves the right to utilize a Theme Framework during the development of The Website. Use of a theme framework provides numerous advantages for end users, the Customer, as well as The Company. Use of a theme framework carries with it some customization limitations and The Company reserves the right to deny a request if it is not economically viable for The Customer, or The Company.

ADVANTAGES

Periodic Updates
The Elementor Theme is updated regularly with product updates and new features to take advantage of, both by end users (The Customer) and by The Company. All theme updates are tested for fidelity prior to activation on the network.

Development Speed
Use of a framework allows The Company to customize the visual layout of a site with visual development tools users can interact with and access. Development time is shorter as a result, with a greater level of access by The Customer once work has completed.

Development Efficiency
The cost and time necessary to build entirely custom code line by line is inefficient and costly. The Company works with development tools that save time, and maximize code quality and stability. This provides cost savings that are passed on to The Client in the form of lower overall development costs when compared to traditional development.

Development Focus
The use of a framework allows our development staff to focus on building and delivering window tint-specific features unique to the industry that focus on end-user acquisition and retention. The result is the delivery of an enterprise-grade website that is considerably more versatile than competing platforms while continuing to offer proprietary products purpose-built for window tint.

LIMITATIONS

Customization Pricing
The Company agrees to work with the Customer to identify any customization requests before work commences on a site, as well as work to explore alternatives in cases where a specific request is not available. In the event that a ‘custom’ workaround is available, The Company agrees to discuss implementation, development cost, and time frame for completion with the Customer to obtain approval before commencing work.

Customization Limitations
Due to the combination of resources required, development cost, or delivery timeframe desired, some customization requests are not possible. We cannot guarantee that there is a solution available for any given customization request

11. Disclaimer of Warranties

The Company warrants that its Services shall be performed by personnel possessing competency consistent with applicable industry standards. No other representation, express or implied, and no warranty or guarantee are included or intended in this Agreement, or in any report, opinion, deliverable, work product, document or otherwise. Furthermore, no guarantee is made as to the efficacy or value of any website, customized website or hosting service. THIS SECTION SETS FORTH THE ONLY WARRANTIES PROVIDED BY THE COMPANY CONCERNING THE SERVICES AND RELATED WORK PRODUCTS. THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR OTHERWISE. THE COMPANY DOES NOT GUARANTEE THE CUSTOMER’S WEBSITE PLACEMENT ON SEARCH ENGINES.

THE COMPANY ONLY PROVIDES A SERVICE TO ITS CUSTOMERS. ALL SOFTWARE, INFORMATION, CONTENT, MATERIAL, FILES, DATABASE, ARCHIVE, TECHNIQUE, PROGRAMS, OR ANY OTHER TOOL OR DATA DEVELOPED AND USED FOR THE CREATION AND/OR USAGE OF THE CUSTOMIZED WEBSITE SERVICES AND HOSTING SERVICE OR SERVICES BELONGS SOLELY TO THE COMPANY, AND IT SHALL NOT BE TRANSFERRED TO CUSTOMERS. CUSTOMERS CAN ONLY UTILIZE THE SERVICES OF THE COMPANY IN THE COMPANY’S SERVERS AND WITHIN THE COMPANY’S INFRASTRUCTURE.

12. Limitation of Liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICES. ADDITIONALLY, UNION WINDOW FILMS,  IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION

13. Third Party resource

The Site and/or Service may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

14. Release of Claims

Under no circumstances shall the Company be liable for any direct, indirect, special, incidental, or consequential damages arising from the use of or reliance on our Service. By using our Service, you agree to release the Company from any claims, including those related to personal or business interruptions, misapplication of information, or any other losses or issues.

15. Governing Law & Dispute Resolution

These Terms (and any further rules, policies, or guidelines incorporated by reference therein) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in California or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

 

16. Assignment

These Terms bind and inure to the benefit of the parties’ successors and assigns. These Terms are not assignable, delegable or otherwise transferable by You. Any transfer, assignment or delegation by you is invalid.

17. Entire Agreement; Waiver; Headings

This Agreement constitutes the entire agreement between you and the Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Company shall be deemed or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

If you have any questions or concerns regarding these Terms, please email: contact@unionwindowfilms.com

18. Additional Terms

Content Liability: The Company disclaims responsibility for content uploaded by clients to their websites. Upon transfer of the website to the client, clients assume sole liability for any legal issues that may arise from their content.

Non-Resale and Usage Restrictions: The provided website is rented, not sold, to the client. Clients are not permitted to resell, transfer, or sublicense the website template. The template is for the client’s exclusive use as per the terms of this Agreement.

Service Limitations: The monthly service fee covers only the hosting of the website. The Company provides the template; however, clients are responsible for any edits or modifications. This is not a subscription for unlimited website creation or support.

Updates and Maintenance: The Company is responsible only for hosting the website on our servers. The initial setup includes copying the template. All further updates, maintenance, or changes are the responsibility of the client.

Indemnification: Clients agree to indemnify the Company against any claims arising from their use of the website, including but not limited to customer disputes or legal challenges.

Data Backup and Loss: The Company is not responsible for data backup or loss. Clients are advised that downtime can occur, and the Company is not liable for any resulting costs or damages.

Third-Party Integrations: Clients are not allowed to add their own plugins or third-party integrations to the website.

Changes to Terms: Clients will be notified of any changes to these terms via email.

Plugin and Third-Party Software Use: The Company reserves the right to restrict and control the use of third-party plugins or software on the network for compatibility, value, and security reasons.

Appendix A

The following is a list of work-related tasks that are to be defined as ‘outside the scope’ of a Union Window Film website setup.

Site Imports or Migrations – If the client requires that an existing site or content from an existing site be migrated into the Union Window Film website being created – this should be discussed / a strategy should be formulated beforehand. Some site migrations are more complicated than others and for those reasons, every situation shall be treated as unique.

301 Redirects – 301 Redirects are considered Google’s ‘best practice’ when moving from one website host to another and can be implemented to preserve most of the previous sites’ SEO while making the transition.

Extra Pages / Widgets / Sidebars / Custom Page Formatting – If the Client requires additional ‘specialty’ pages to be created and customized within the site – the Company will generally try to accommodate, however reserves the right to quote additional service fees for high volume requests.

Appendix B

Labor Rates and Definitions:

Data Entry Rate – $30/hr
Applies to manual data entry tasks

General Labor Rate – $50/hr
Applies to tasks requiring general labor that does not involve programming skills.

Landing Page Customization / Interior Page Design – $60/hr
Covers landing page customization and interior page design tasks.

Coding / Custom Work Labor Rate – $120/hr
Applicable to tasks that require knowledge of programming languages and involve coding or custom work.