Terms of Service

1. Acceptance, Terms, and Conditions of Contract

This agreement outlines the terms, conditions, specifications, and obligations of the purchase order between driftclad.com and the Client. By signing the Purchase Order, the Client acknowledges and agrees to these terms, confirming they have read and understood them. driftclad.com’s receipt of the signed Purchase Order constitutes acceptance of this Agreement.

2. Authorization for Use

driftclad.com may use any work performed as an example on its website and marketing materials, including but not limited to emails, videos, photos, presentations, press releases, and promotional collateral, as a sample or case study of the services provided.

3. Legalities and Liability

driftclad.com is not liable to the Client for any consequential damages resulting from a breach of this agreement, including but not limited to direct or indirect damages for loss of business profit, personal injuries, business interruptions, or any other loss resulting from the use or inability to use driftclad.com’s services. The parties agree that any damages shall be limited to the amount actually paid by the Client to driftclad.com, except for overdue invoices for services rendered.

4. Arbitration

This Agreement shall be governed by the laws of the State of California. Any dispute arising from this contract shall be resolved through binding arbitration with the American Arbitration Association under its Commercial Rules of Arbitration. The arbitration will be conducted in English in the County of Orange, California, with three arbitrators named in accordance with AAA rules.

5. Governing Law, Jurisdiction, and Venue

This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the internal laws of the State of California, without regard to its conflict of laws rules. Exclusive jurisdiction and venue for any claims shall be within the state and federal courts located in California.

6. Paragraph Headings and Captions

Paragraph headings and captions are inserted for convenience and do not define, limit, or extend the scope or intent of this Agreement.

7. Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond their reasonable control, including but not limited to acts of God, war, strike, or fire. Due diligence shall be used in curing such causes and resuming performance.

8. Survival

Provisions of this Agreement intended to survive completion, expiration, termination, or cancellation shall continue in effect.

9. Billing Terms

All amounts due under this Agreement shall be billed and paid according to the specified terms and conditions.

a. General Payment Information

  1. The transaction on your statement will reference driftclad.com.
  2. Payment information can be updated by notifying a driftclad.com representative.
  3. If a second form of payment is provided, driftclad.com will use it if the initial payment fails.
  4. The Client remains responsible for payments until the full contract amount is paid, even if they no longer work with the company named in this contract.

b. Failed or Missed Payments

  1. If a payment fails, the Client is still responsible for making each payment until the total purchase price is paid off.
  2. Any payment that does not go through may incur an interest charge if not paid within one month of the initial failed payment date.
  3. Any payment that remains delinquent within 45 days may be sent to a third-party collection company. The Client understands that any damages to personal or business credit at this point are their sole responsibility.
  4. driftclad.com will allow the Client 2 months to pay off the debt before submitting information to a third-party collection company.
  5. Once an account is sent to a third-party collection company, driftclad.com can no longer communicate with the Client regarding the delinquent account, and all matters will need to be settled with the third-party collection company.
  6. Any litigation or collection activity on a delinquent account entitles driftclad.com to recover any and all costs incurred, including attorney’s fees and collection costs.

10. Entire Agreement

This Agreement and the details enclosed in the Purchase Order constitute the entire agreement between driftclad.com and the Client relating to the subject matter hereof and supersede any prior agreements or understandings between them. This Agreement may not be modified or amended unless driftclad.com and the Client agree to such modification or amendment in writing.