Terms & Conditions

1. Terms of Service Agreement

By accessing and using aynimedia.com, you are agreeing to the following terms of service and policies. If you do not agree with any of these terms, you are restricted from using or accessing the aynimedia.com website. The content and materials contained in this website may be protected by applicable copyright and trademark law, whether associated with aynimedia.com, Ayni Media LLC, or other third-parties.

2. Template Unlimited Use License

Unlimited Use License: All templates come with a simple unlimited use license, which means they can be used an unlimited amount of times once they have been added or installed to your Duda dashbaord. You are given permission to use any templates on both personal and commercial Duda projects.

What’s Not Allowed: Some common guidelines and limitations apply within this license. While using aynimedia.com, you cannot do the following:

1. Sell or redistribute any templates;
2. Claim ownership of any templates that you did not create;
3. Copy and offer any templates on a similar service.

3. Code At Your Risk

It is important to take certain precautions when using and installing templates within a Duda website. It is recommended that you have knowledge of the Duda platform, CSS, HTML, Javascript, and other coding languages prior to customizing any Duda website.

Although coding is optional, by using aynimedia.com, you acknowledge and agree that you are coding at your own risk. Aynimedia.com, Ayni Media LLC, and any third-party designers or agencies who have contributed their templates for sale take no responsibility for any damages or issues caused to any website.

4. Aynimedia.com's Templates

Service: Acting as a type of design service, aynimedia.com offers premium template designs for use within the Duda platform. Templates are installed for the user and can be edited within the Duda platform, but are in no way designed, affiliated, sponsored, or endorsed by Duda. Acting as an optional support service, aynimedia.com also offers setup fees for any buyer who would like their Duda website template configured within a specific scope of work or detailed tasks.

Installation: To receive your template, you must provide a valid email address associated with an active Duda account. Template transfers are typically initiated within 24 hours after purchase and processed by Duda Support, who will then install them into the user’s Duda account. Once transferred, the user will be able to edit, modify, and add their own content as they normally would within the Duda platform without activating developer mode. You are not required to edit, modify, or change any HTML or CSS, but you have the option to do so once in developer mode. Most other changes can be done within the site styles settings. We do not ask for any other login credentials to your Duda account before, during, or after installation. Only your primary Duda login email address will be required in order for us to transfer the template to your Duda account.

Paid Duda Accounts: Templates are designed to work with the Duda Basic Plan (Duda's lowest priced plan as of March 24th, 2021). You will be responsible for all costs related to your Duda account – this includes domains, hosting, monthly plans, annual plans, email accounts, etc. Our templates should work with any Duda plan but please note that some plans below 'Agency' level may have widget restrictions or other limitations. It is important that you read each template's detailed requirements and information to be sure all widgets or design elements will work with your Duda plan.

Template Content: Each template may include their own design content, images, graphics, style pack, CSS style sheet, and other content. Unless specified, images and icons used within a template’s demo must be replaced upon site permission approval and are strictly used for illustrative purposes. By purchasing a template, you agree to delete and replace this content with your own or license the images or graphics if you choose to keep them.

Templates Use License: By using and purchasing a template, you agree to the following:

1. Templates may be used for both personal and commercial use;
2. Templates cannot be resold outside of the aynimedia.com website;
3. You may not claim ownership, distribute, or share any template, its styles or assets;
4. You are welcome to credit yourself as the “website designer” on any template (example: Website Designed by “Jane Doe”);

5. Support Types

Template Support: Template support is offered to anyone who has purchased a template within the first month of ownership. During the template support period, we can help with:

1. Issues with the original template design;
2. Issues with the original index elements, page elements, assets, and css code;
3. Issues related directly to the template itself;
4. Any files that were included with the template;
5. Resolving general bugs or fixes caused by a Duda platform update;

Whether during or outside the template support period, we cannot help with:

1. Connecting a domain or social media;
2. Adding your content to the template;
3. Creating new pages or elements;
4. Modifying the CSS code to your specifications;
5. General Duda platform inquires;
6. Third party plugins;
7. Duda platform issues;
8. Issues caused by user customization or modifications;
9. Customizations or modifications made beyond the original template;

6. Return Policy

Because the products sold in our shop are digital, they cannot be returned and are therefore, non-refundable. Please email us if you have any specific questions about this: info@aynimedia.com.

7. Disclaimer

The content and materials on the aynimedia.com website are provided on an 'as is' basis. Ayni Media LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Ayni Media LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

8. Limitations

In no event shall Ayni Media LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the aynimedia.com website, even if Ayni Media LLC or an Ayni Media LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

9. Accuracy of materials

The content and materials appearing on the aynimedia.com website could include technical, typographical, or photographic errors. Ayni Media LLC does not warrant or promise that any of the materials on its website are accurate, complete or current. Ayni Media LLC may make changes to the materials contained on aynimedia.com at any time without notice. However, Ayni Media LLC does not make any commitment to update the materials.

10. Links

Ayni Media LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Ayni Media LLC of the site. Use of any such linked website is at the user's own risk.

11. Modifications

Ayni Media LLC may revise these terms of service for aynimedia.com at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

12. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of South Carolina and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

13. Contact

Ayni Media LLC
info@aynimedia.com

14. Advertising & Agency Specific

A. Online Advertising Services. Advertiser has contracted with Ayni Media to provide one or multiple services ("Services") related to the following services as laid out in the preceding proposal ("Proposal"): online advertising, website development, search engine optimization (“SEO”), search engine marketing (“SEM”), online listing and reputation management (“OLM/ORM”), online marketing consulting, custom web asset development, social media management, content marketing, or other related services (“Services”).

a. Set-up: Ayni Media agrees to create, manage, develop and employ Online Advertising Services as provided in the Agreement, which includes Ayni Media utilization of various internet advertising networks, search engines, proprietary software, third-party software, third-party services and other online properties in return for the amount payable by Advertiser to Ayni Media as described in the Proposal. As reasonably requested by Ayni Media and within fifteen (15) days of such request, Advertiser shall furnish Ayni Media with such information to allow Ayni Media to perform the Services. Ayni Media will not be liable in any way for services that cannot adequately be provided due to the non-provision of information requested from Advertiser. Ayni Media will continue to provide Online Advertising Services at such level as can be reasonably maintained in the absence of the requested information. In this instance, no refund of any amount will be due to Advertiser for any services which could not be provided due to a failure on the part of Advertiser to provide necessary information to Ayni Media as described herein.

b. Intellectual Property: Media accounts, marketing pieces, and web properties created or provided by Ayni Media for the benefit of Advertiser under this Agreement will remain the property of Advertiser. Nothing in this Agreement grants any right, title or interest in or to (including any license under) any intellectual property rights in or relating to, the Services provided, whether expressly, by implication, estoppel or otherwise. In addition, each party shall retain sole and exclusive ownership of, including but not limited to, all patents, copyrights, trademarks, and other intellectual property rights that either party owned before entering into this Agreement. In addition, nothing contained herein will transfer ownership of any Required Content to Ayni Media.

c. Images and Video: Ayni Media will supply stock copy and stock images unless Advertiser chooses to supply these items. If Advertiser chooses to supply its own copy and/or stock images, Ayni Media will assume no liability to Advertiser or any third parties for Advertiser’s use of non-Ayni Media supplied images. Images should be supplied in a digital format and text should be supplied in a format that can be viewed and edited with a word processor, such as Microsoft Word, Google Docs, or Notepad. Advertiser should not submit scanned PDF or handwritten documents. If Advertiser would like to submit scanned PDF or handwritten documents, an additional charge of $150/hour will be charged for Ayni Media typing/data entry services. Any videos Advertiser would like to include on Advertiser’s website must be uploaded to a video hosting service, such as YouTube or Vimeo, prior to sending to the Ayni Media team. Advertiser should supply the corresponding video link for use on the website. Images will need to be sent via email or cloud sharing solution, such as Dropbox or Google Drive. If there are a large number of images, Ayni Media requests Advertiser send them in a zip file or via a cloud-based file sharing program. Ayni Media is unable to process hard copies of images. If Advertiser needs custom images or video production, Ayni Media can provide video and photography production services at additional costs captured in a written amendment to this Agreement or subsequent separate written agreement.

d. Website Revisions: Website revision requests must be sent via email to info@aynimedia.com. Clients are billed $50/hour for website changes. Monthly website changes and support services include the following: minor design revisions, additions and/or deletion of text and/or images on existing pages. This does not include major revisions to the website layout and design. Ayni Media holds the right in its sole discretion to determine what revisions will require an extra charge on top of the agreed upon standard hourly fee. As long as Advertiser is a client of Ayni Media's website services, Ayni Media will host Advertiser’s website as part of Advertiser’s annual or monthly fee. Upon termination of this Agreement, Ayni Media will discontinue hosting all website services immediately. Ayni Media is not able to guarantee that the functions contained in any website will always be error-free, and Advertiser agrees that Ayni Media will not be liable to Advertiser, or any third party, for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the website and any other web pages, even if Advertiser has advised Ayni Media of the possibilities of such damages.

e. Meetings: Ayni Media allows for one 30 minute monthly meeting with clients via phone call and screenshare to discuss Online Advertising Services. If additional meetings are needed, Ayni Media will be happy to schedule a meeting with Advertiser upon written request at the rate of $100/hour.

f. Online Advertising: If applicable, Ayni Media will serve as Advertiser’s agent when purchasing and executing a search engine marketing or other online advertising campaign by buying advertising space directly from Google, Microsoft, Facebook or other available platforms as determined by Ayni Media. Payments made to Ayni Media will include the payment for purchasing and executing these campaigns.

g. Advertiser Information: Advertiser acknowledges and agrees that if Ayni Media identifies any Required Content that is inaccurate or contains errors (e.g. the incorrect spelling of a city name or a wrong zip code), or non-compliance with a publisher’s formatting guidelines (e.g. use of unsupported special characters), Ayni Media may, in its sole discretion, in addition to its other available rights and remedies, modify the Required Content. Advertiser acknowledges that various Services involve the provision of Required Content to publishers for use and publication, and that such publishers may require the license grant described herein. Advertiser grants Ayni Media and its affiliates and each applicable publisher worldwide, nonexclusive, perpetual, irrevocable, royalty-free, unlimited use rights (or a subset of such rights) with respect to such Required Content, including, but not limited to, rights to publish and syndicate such Required Content.

h. Additional Services: From time to time Advertiser may request information or services beyond the contracted Services. Such services may be available from Ayni Media on an hourly fee basis or per service. If such additional services are requested by Advertiser, and are in line with the services normally provided by Ayni Media, then such services and the related fees can be agreed upon in writing between the parties either as an addendum to this Agreement or within a separate new agreement.

i. Term: Unless otherwise stated on the face of the Agreement, all Ayni Media programs run for a minimum of twelve months and auto-renew either annually or month-to-month depending on the agreed upon billing cycle between Ayni Media and the Advertiser.

j. Discontinuation of Services: It is the Advertiser’s full responsibility to store the information provided by Ayni Media as of the termination of the Agreement. Upon termination, Advertiser will not have access to advertisement networks used by Ayni Media and Advertiser will be responsible for hosting any Online Advertising Services or Services (websites, mobile websites, etc.) beyond the contracted dates on their own accounts. Advertiser shall also be responsible for the set-up and maintenance of new accounts upon receipt of the information and Ayni Media will not be liable in any way for any such information after the Agreement is terminated.

k. Payments: All advertising fees are due monthly in advance via credit card or ACH payment. All invoices will arrive with a due date. Please pay your invoice by the due date via credit card, ACH or mailed check. Checks should be addressed to Ayni Media LLC, 1413 Hwy 17 South #156 Surfside Beach SC 29575. There will be a 10% interest charge per month on late invoices.

B. Video and Photography Production: To the extent Customer has contracted with Ayni Media to provide services related to video production or photography the following terms and conditions shall apply:

a. Scheduling: Ayni Media, in partnership with the third-party vendor of its choice, will use commercially reasonable efforts to schedule video shoot dates with Customer within fifteen (15) business days of receipt of a signed Agreement. Video or photography shoot dates must be scheduled within three (three) months of Agreement date or Customer forfeits the agreed upon video production or photography services and no refund or discount on this or other services will be made available.

C. Confidentiality. Except as otherwise provided herein, each party shall treat any confidential, secret or proprietary information that has been disclosed by such party (the “Disclosing Party”) to the other party (a “Receiving Party”), or that has been learned by the Receiving Party as a result of this Agreement, and which is not generally known to the public (collectively, the “Confidential Information”), as confidential and exercise at least the same degree of care to safeguard the confidentiality of the Confidential Information as the Receiving Party would exercise to safeguard the Receiving Party’s own Confidential Information but not less than a reasonable degree of care. The Receiving Party shall use the Confidential Information only as provided in this Agreement and shall not disclose, transfer, publish or otherwise make the Confidential Information available by any means to any individual, firm or entity other than employees of the Receiving Party who have a need to know and have been directed to treat the Confidential Information as confidential in accordance with this Agreement or except as otherwise provided herein. The Receiving Party shall immediately notify the Disclosing Party if any Confidential Information has been lost, stolen or inadvertently disclosed. The restrictions contained in this Agreement (a) will not apply to any information which (i) was known to a Receiving Party prior to the disclosure thereof, (ii) was in the public domain prior to the disclosure thereof; (iii) comes into the public domain through no fault of the Receiving Party; or (iv) is disclosed without restriction by a third party who has a legal right to make such disclosure. In the event either party breaches any of its obligations under this section, the non-breaching party, in addition to any other rights or remedies available, will be entitled to seek injunctive relief against the breaching party without the necessity of posting a bond or other security.

D. Limitation on Liability. In no event will Ayni Media's liability in connection with the Services or this Agreement, whether caused by failure to deliver, nonperformance, defects, or otherwise, exceed the aggregate amounts paid by Advertiser to Ayni Media hereunder during the period immediately preceding the event giving rise to such liability. IN NO EVENT SHALL AYNI MEDIA BE LIABLE IN ANY WAY TO ADVERTISER FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT. The limitations contained in this Agreement apply to all causes of action in the aggregate, whether based in contract, tort (including negligence) or any other legal theory (including strict liability), other than as a result of fraud or intentional misrepresentations or omissions by Ayni Media.

E. Governing Law; Jurisdiction. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of South Carolina without regard to its conflicts of law rules.

F. Waivers. Any term or condition of this Agreement may be waived at any time by the party, which is entitled to the benefit thereof, but only if such waiver is evidenced in writing signed by such party that makes specific reference to this Agreement. No failure on the part of any party hereto to exercise, and no delay in exercising, any right, power or remedy created hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or remedy by any party preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No waiver by any party hereto of any breach of or default in any term or condition of this Agreement shall constitute a waiver of or assent to any succeeding breach of or default in the same or any other term or condition hereof.

G. Entire Agreement. This Agreement, in conjunction with the terms and conditions stated in the written Proposal, constitutes the sole and entire agreement between the parties with respect to the subject matter hereof and thereof, and supersedes all previous discussions, representations, agreements, and commitments with respect to the subject matter hereof.

H. Assignment. Neither party shall assign its rights or obligations under this Agreement without the prior written consent of the other party. Notwithstanding the foregoing, either party may assign this Agreement to a parent company, subsidiary or affiliate, or in connection with the sale of substantially all of the assets of such party, upon ten (10) days prior written notice to the other party.

I. Severability. All rights and restrictions contained herein may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and arc intended to be limited to the extent necessary to render this Agreement legal, valid and enforceable. If any term of this Agreement, or part thereof, not essential to the commercial purpose of this Agreement shall be held to be illegal, invalid or unenforceable under applicable law, it is the intention of the parties that the remaining terms hereof, or part thereof, shall constitute their agreement with respect to the subject matter hereof, and all such remaining terms, or parts thereof, shall remain in full force and effect. To the extent legally permissible any illegal, invalid or unenforceable provision of this Agreement shall be replaced by a valid provision, which will implement the commercial purpose of the illegal, invalid or unenforceable provision.

J. Force Majeure. Neither Party will be deemed to be in default under this agreement because of the failure to perform any obligation hereunder if such failure is caused by fire, embargo, strike, war, acts of God, or other cause beyond such Party’s reasonable control (whether or not similar to the foregoing).

K. Indemnification. To the extent that a third party makes a claim against Ayni Media, the Advertiser agrees to indemnify and hold harmless Ayni Media and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, suits, damages, fines, penalties, judgments, liabilities, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with: (i) Advertiser’s content or use of the Services; (ii) any actual or alleged violation or breach of any term of this Agreement; or (iii) violation of an applicable state or federal law.