Terms of Service
Vysyons Communication, LLC
Effective Date:July 1, 2026
Vysyons Communications, LLC ("Vysyons," "we," "us," or "our"), a Louisiana limited liability company, owns and operates the website located at vysyonscommunications.com (the "Site"). By accessing or using the Site, or by engaging Vysyons for services, you ("you," "your," or "User," and if applicable, "Client") agree to be bound by these Terms of Service (these "Terms"), including both Section I (governing use of the Site) and Section II (governing paid service engagements). Please read these Terms carefully. If you do not agree to these Terms, you must immediately discontinue use of the Site and may not engage Vysyons for services.
SECTION I — WEBSITE TERMS OF USE
This Section I governs your use of the vysyonscommunications.com website. Section II governs the engagement of Vysyons for paid services. Where the two sections address the same subject matter, the terms set forth in a signed proposal, project agreement, or statement of work (each, a "Service Agreement") shall control to the extent of any conflict.
I. Acceptance of Terms.
By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you are using the Site or engaging in our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" shall include both you individually and that organization.
II. Modifications to Terms.
Vysyons reserves the right to modify, amend, or update these Terms at any time, in its sole discretion, by posting revised Terms on this page with a new effective date. Your continued use of the Site or engagement in our services after any such modification constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically. If you do not agree to any modification, you must immediately cease using the Site and notify Vysyons in writing if you have an active service engagement.
III. Intellectual Property Rights.
All content available on or through the Site, including but not limited to text, graphics, photographs, images, logos, trademarks, service marks, software, code, data compilations, the Vysyons name and mark, and the design, structure, selection, coordination, expression, look and feel, and arrangement of the Site (collectively, "Site Content"), is the exclusive property of Vysyons Communications, LLC or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and Site Content solely for your personal, non-commercial use or for the purpose of evaluating or engaging Vysyons' services. You may not copy, reproduce, distribute, republish, download (except for page caching), display, post, transmit, modify, create derivative works from, sell, license, or exploit any Site Content, in whole or in part, without the express prior written consent of Vysyons. Any unauthorized use of Site Content may violate copyright, trademark, and other laws and may subject you to civil and criminal penalties.
IV. Acceptable Use of the Site.
You agree to use the Site only for lawful purposes and in a manner consistent with these Terms. You expressly agree not to:
1. Engage in prohibited activities. Use the Site to transmit, upload, post, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
2. Transmit harmful code. Upload, transmit, or otherwise introduce any viruses, Trojan horses, worms, time bombs, spyware, malware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
3. Interfere with the Site. Attempt to gain unauthorized access to the Site, servers, networks, or systems connected to the Site, or interfere with or disrupt the Site's operation, servers, or networks, including through denial-of-service attacks, flooding, or mail-bombing.
4. Scrape or harvest data. Use any automated means (including robots, spiders, scrapers, or other automated tools) to access, monitor, or copy any part of the Site or Site Content without our express prior written permission.
5. Impersonate others. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
6. Violate laws or regulations. Use the Site in any manner that violates any applicable federal, state, local, or international law or regulation.
Vysyons reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to the Site, or any portion thereof, at any time and for any reason, without prior notice or liability, including for violation of these Terms.
V. Restricted Access Areas.
Certain areas of the Site, including client portals, project dashboards, or other password-protected sections (collectively, "Restricted Areas"), may be limited to clients, prospective clients, or other authorized users. Access to Restricted Areas is granted at Vysyons' sole discretion and may be revoked at any time, with or without cause.
If you are issued login credentials to access Restricted Areas, you are solely responsible for:
1. Maintaining the confidentiality and security of your username, password, and any other credentials.
2. All activities and transactions that occur under your account, whether or not authorized by you.
3. Promptly notifying Vysyons in writing at kwbhoward@vysyonscommunications.com if you become aware of any unauthorized use of your account or any other breach of security.
Vysyons will not be liable for any loss or damage arising from your failure to protect your login credentials.
VI. Third-Party Links and Widgets.
The Site may contain links to third-party websites, resources, or services, and may incorporate third-party widgets, plug-ins, or embedded tools (such as scheduling applications, chat tools, or social media widgets) (collectively, "Third-Party Materials"). These Third-Party Materials are provided solely for your convenience. Vysyons does not control, endorse, or assume any responsibility for any Third-Party Materials, and the inclusion of any link or widget does not imply affiliation, endorsement, or approval by Vysyons.
Your use of Third-Party Materials is at your own risk and is subject to the terms, conditions, and privacy policies of the respective third-party providers. Vysyons expressly disclaims all liability for any damages, losses, or claims arising from your use of or reliance on Third-Party Materials.
VII. Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMITTED BY LOUISIANA LAW AND APPLICABLE FEDERAL LAW, THE SITE AND ALL SITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY.
VYSYONS DOES NOT WARRANT THAT:
1. THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
2. THE SITE CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR FREE FROM DEFECTS OR VIRUSES.
3. ANY ERRORS OR DEFECTS IN THE SITE OR SITE CONTENT WILL BE CORRECTED.
4. THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VYSYONS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
VIII. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LOUISIANA LAW[TC1] , IN NO EVENT SHALL VYSYONS COMMUNICATIONS, LLC, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "VYSYONS PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF VYSYONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LOUISIANA LAW[TC2] , THE TOTAL AGGREGATE LIABILITY OF THE VYSYONS PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE SHALL NOT EXCEED FIFTY DOLLARS ($50.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IX. Indemnification.
You agree to indemnify, defend, and hold harmless the Vysyons Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising out of or related to:
1. Your use of or inability to use the Site.
2. Your violation of these Terms.
3. Your violation of any rights of another person or entity.
4. Your violation of any applicable law or regulation.
Vysyons reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Vysyons in asserting any available defenses.
X. User Submissions.
If you submit, transmit, or post any communications, feedback, suggestions, ideas, or other materials to Vysyons through the Site (collectively, "Submissions"), you grant Vysyons a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable, sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Submissions in any media, for any purpose, without compensation or attribution to you.
You represent and warrant that you own or control all rights in and to your Submissions and that your Submissions do not violate any third-party rights or applicable law.
SECTION II — CLIENT SERVICES TERMS AND CONDITIONS
This Section II governs the engagement of Vysyons Communications, LLC for paid professional services across our four service pillars: Communications & Media, Heritage & Legacy, Events & Engagement, and Editorial & Publishing. These terms supplement and are incorporated into any Service Agreement executed between Vysyons and Client.
I. Scope of Services.
Vysyons provides professional services in the following areas:
1. Communications & Media: Public relations, media strategy, content creation, and communications consulting.
2. Heritage & Legacy: Genealogical research, family history documentation, legacy preservation, and archival services.
3. Events & Engagement: Event planning, coordination, community engagement programs, and experiential strategy.
4. Editorial & Publishing: Editing, writing, manuscript development, publication consulting, and content production.
The specific deliverables, scope, timelines, milestones, and pricing for each engagement are set forth in a written Service Agreement, proposal, statement of work, or project brief (each, a "Service Agreement"), which takes precedence over general descriptions of services on the Site. No paid work shall commence without a fully executed Service Agreement signed by both parties.
II. Engagement Process.
1. Discovery Call. Projects typically begin with a complimentary initial Discovery Call to assess the Client's needs, objectives, and project scope.
2. Strategic Consultation and Proposal. Following the Discovery Call, Vysyons may offer a Strategic Consultation (which may be complimentary or paid, as specified) and will provide a written proposal or Service Agreement outlining the scope, deliverables, fees, and terms.
3. Execution of Service Agreement. No services shall be performed, and no obligations shall arise, until both parties have executed a Service Agreement.
III. Payment Terms.
1. Project-Based Engagements. For project-based work, Client shall pay a non-refundable deposit (typically twenty-five percent (25%) to fifty percent (50%) of the total project fee, as specified in the Service Agreement) before work commences. The balance of the project fee shall be due upon delivery of final deliverables, or according to a milestone-based payment schedule set forth in the Service Agreement.
2. Retainer Engagements. For retainer-based services, Client shall pay the monthly retainer fee in advance on the first business day of each month, unless otherwise specified in the Service Agreement.
3. Invoicing and Payment Method. Vysyons will issue invoices electronically. Payment is due within fifteen (15) calendar days of the invoice date, unless otherwise specified in the Service Agreement. Accepted payment methods include ACH transfer, credit card, or check.
4. Late Payments. Any amounts not paid when due shall accrue interest at a rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by Louisiana law, whichever is less, from the due date until paid in full. In addition to interest, Client shall reimburse Vysyons for all reasonable costs of collection, including attorneys' fees and court costs.
5. Suspension of Performance. Vysyons reserves the right to suspend performance of services, pause project timelines, or withhold delivery of work product if any payment is more than ten (10) business days overdue, without liability and without waiving Vysyons' right to payment or other remedies.
IV. Cancellations and Refunds.
1. Deposit Refund Period. Deposits are fully refundable if Client cancels the engagement in writing within five (5) business days of signing the Service Agreement. Cancellation requests must be submitted in writing to kwbhoward@vysyonscommunications.com.
2. Non-Refundable Deposits. After the five (5) business-day refund period, all deposits are non-refundable, as they secure dedicated time, resources, and opportunity cost reserved exclusively for Client's project. Work performed prior to cancellation will be billed at Vysyons' standard hourly rates, and any amount paid in excess of such work will be retained by Vysyons as liquidated damages for project cancellation.
3. Consultation Cancellations. Scheduled consultations, including Strategic Consultations or other paid sessions, may be rescheduled or cancelled without charge if Client provides at least forty-eight (48) hours' advance written notice. Cancellations with less than forty-eight (48) hours' notice, or no-shows, shall result in forfeiture of the consultation session and any fees paid, with no refund or rescheduling permitted.
V. Intellectual Property.
1. Ownership of Deliverables. Upon Client's payment in full of all fees and expenses due under the applicable Service Agreement, Vysyons hereby assigns to Client all right, title, and interest in and to the final deliverables specifically created for Client pursuant to the Service Agreement (the "Final Deliverables"), excluding any Vysyons Pre-Existing Materials (as defined below). This assignment includes all intellectual property rights necessary for Client to use, reproduce, display, distribute, and modify the Final Deliverables for Client's internal business purposes.
2. Vysyons Pre-Existing Materials. Vysyons retains all right, title, and interest in and to its pre-existing tools, templates, methodologies, processes, know-how, frameworks, software, branding, and any other materials owned or licensed by Vysyons prior to or independent of the engagement (collectively, "Vysyons Pre-Existing Materials"). Client receives no rights in Vysyons Pre-Existing Materials except as expressly set forth in the Service Agreement.
3. Portfolio and Marketing Use. Vysyons may reference completed projects in general terms for professional portfolio, marketing, and business development purposes (e.g., "heritage research project for a Louisiana family" or "event strategy for a nonprofit organization"), provided that Vysyons will not disclose Client's name, identifying details, or confidential information publicly without Client's express prior written consent. Client may grant such consent in the Service Agreement or separately in writing.
4. Site Content. For clarity, ownership of the Site and Site Content is governed by Section I, Article III of these Terms.
VI. Genealogical and Heritage Research Disclaimer.
Genealogical, archival, and heritage research services depend on the availability, completeness, accuracy, and accessibility of historical records, which vary widely by family line, geographic region, time period, and record-keeping practices. Vysyons commits to conducting diligent, professional research using industry-standard methodologies and available resources, but Vysyons cannot and does not guarantee:
1. The discovery of specific records, documents, or ancestral connections.
2. The accuracy or completeness of third-party historical records or archives.
3. That research will yield particular outcomes or resolve specific genealogical questions.
Vysyons commits to transparency throughout the research process and will communicate clearly regarding what records are available, what has been discovered, and what limitations exist. Client acknowledges that genealogical research is exploratory in nature and that final results may differ from initial expectations.
VII. Client Responsibilities.
Client agrees to:
1. Provide Accurate Information. Provide complete, accurate, and timely information, documents, materials, access, and approvals reasonably necessary for Vysyons to perform the services.
2. Timely Responses. Respond promptly to Vysyons' requests for information, feedback, or approvals. Delays caused by Client's failure to provide necessary materials or approvals may result in extensions of project timelines and may be subject to additional fees.
3. Designated Contact. Designate a single point of contact with authority to provide instructions, approvals, and feedback on Client's behalf.
4. Compliance with Laws. Ensure that all information, materials, and instructions provided to Vysyons comply with applicable laws and do not infringe upon or violate any third-party rights.
Failure by Client to fulfill these responsibilities may delay project timelines, compromise deliverable quality, or require additional services, which may be subject to additional fees.
VIII. Confidentiality.
1. Confidential Information. Each party (the "Receiving Party") agrees to maintain in confidence and not disclose to any third party any non-public, proprietary, or confidential information disclosed by the other party (the "Disclosing Party") in connection with the engagement, including but not limited to business plans, financial information, client lists, research findings, drafts, and any information marked as "Confidential" or that would reasonably be understood to be confidential (collectively, "Confidential Information").
2. Exceptions. Confidential Information does not include information that: (i) is or becomes publicly available through no breach of these Terms by the Receiving Party; (ii) is lawfully received by the Receiving Party from a third party without breach of any confidentiality obligation; (iii) is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information; or (iv) is required to be disclosed by law, regulation, or court order, provided the Receiving Party gives the Disclosing Party prompt written notice and reasonably cooperates in any effort to seek a protective order.
3. Use of Confidential Information. The Receiving Party shall use Confidential Information solely for the purpose of performing or receiving services under the Service Agreement and shall protect Confidential Information using the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.
4. Client Obligations. Client agrees not to misrepresent the nature, scope, or results of the engagement, or to disclose Vysyons' Confidential Information, including proprietary methodologies, pricing structures, or work product not specifically licensed to Client.
5. Privacy Policy. Vysyons' collection, use, and protection of personal information is governed by its Privacy Policy, available on the Site and incorporated by reference.
IX. Limitation of Liability.
1. Standard of Performance. Vysyons shall perform all services in a professional and workmanlike manner consistent with industry standards. Services are provided on a best-efforts basis.
2. Exclusion of Consequential Damages. TO THE FULLEST EXTENT PERMITTED BY LOUISIANA LAW, VYSYONS SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, DATA, GOODWILL, OR REPUTATION, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF VYSYONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. Liability Cap. TO THE FULLEST EXTENT PERMITTED BY LOUISIANA LAW, VYSYONS' TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY CLIENT TO VYSYONS UNDER THE SPECIFIC SERVICE AGREEMENT GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
4. Exceptions. The limitations set forth in this Article IX shall not apply to: (i) Vysyons' gross negligence or willful misconduct; (ii) Vysyons' breach of confidentiality obligations; or (iii) claims for which limitation of liability is prohibited by applicable law.
X. Indemnification.
Client agrees to indemnify, defend, and hold harmless the Vysyons Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising out of or related to:
1. Client's misuse of deliverables or work product provided by Vysyons.
2. Client's provision of inaccurate, incomplete, or unlawful information or materials to Vysyons.
3. Client's violation of these Terms or any Service Agreement.
4. Client's infringement or violation of any third-party intellectual property, privacy, or other rights.
5. Any claim that materials provided by Client to Vysyons infringe third-party rights.
This indemnification obligation shall not apply to the extent that claims arise solely from Vysyons' negligence, breach of contract, or violation of law.
XI. Dispute Resolution.
1. Good-Faith Negotiation. The parties agree to first attempt in good faith to resolve any dispute, controversy, or claim arising out of or relating to these Terms, any Service Agreement, or the services provided hereunder (each, a "Dispute") through direct negotiation between authorized representatives of each party.
2. Mediation. If the parties are unable to resolve a Dispute through negotiation within thirty (30) calendar days after written notice of the Dispute is provided by one party to the other, either party may submit the Dispute to non-binding mediation before a mutually agreed-upon mediator. The parties shall share the costs of mediation equally. Mediation shall take place in [INSERT LOUISIANA PARISH], Louisiana, or remotely if mutually agreed.
3. Litigation. If a Dispute cannot be resolved through mediation within sixty (60) calendar days after submission to mediation, or if either party declines to participate in mediation, either party may pursue any available legal remedies in accordance with Article XII (Governing Law and Jurisdiction).
4. Service Agreement Control. If a Service Agreement specifies a different dispute resolution process (such as binding arbitration), the terms of that Service Agreement shall control.
XII. Governing Law and Jurisdiction.
These Terms, and any Service Agreement entered into between Vysyons and Client, shall be governed by and construed in accordance with the laws of the State of Louisiana, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or related to these Terms or the services shall be brought exclusively in the state or federal courts located in [INSERT LOUISIANA PARISH], Louisiana, and each party hereby consents to the exclusive jurisdiction and venue of such courts.
XIII. Force Majeure.
Vysyons shall not be liable for any delay or failure to perform its obligations under these Terms or any Service Agreement to the extent such delay or failure is caused by events or circumstances beyond Vysyons' reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, epidemics, pandemics, government orders or restrictions, utility failures, internet or telecommunications outages, or failures of third-party service providers (each, a "Force Majeure Event").
Upon occurrence of a Force Majeure Event, Vysyons shall promptly notify Client in writing and shall use commercially reasonable efforts to resume performance as soon as practicable. Project timelines and deadlines affected by a Force Majeure Event shall be extended in good faith by a period equal to the duration of the delay, and neither party shall be liable for such delay.
XIV. Termination.
1. Termination for Convenience. Either party may terminate a Service Agreement for convenience upon thirty (30) calendar days' prior written notice to the other party.
2. Termination for Cause. Either party may terminate a Service Agreement immediately upon written notice if the other party materially breaches these Terms or the Service Agreement and fails to cure such breach within fifteen (15) calendar days after receiving written notice specifying the breach.
3. Effect of Termination. Upon termination:
1. Client shall immediately pay Vysyons for all services performed, expenses incurred, and deliverables provided through the effective date of termination, calculated on a pro-rata or hourly basis as applicable.
2. Vysyons may, but is not obligated to, deliver any work in progress in its then-current state.
3. All deposits and fees for completed work or reserved time shall be retained by Vysyons.
4. Sections of these Terms that by their nature should survive termination (including but not limited to Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, and Governing Law) shall survive termination.
XV. Independent Contractor.
Vysyons is an independent contractor, and nothing in these Terms or any Service Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship between Vysyons and Client. Neither party has authority to bind the other or to incur obligations on the other's behalf without prior written consent.
XVI. Assignment.
Client may not assign, transfer, or delegate any rights or obligations under these Terms or any Service Agreement without Vysyons' prior written consent. Vysyons may assign its rights and obligations under these Terms or any Service Agreement to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this Article shall be void.
XVII. Notices.
All notices, requests, consents, and other communications required or permitted under these Terms or any Service Agreement shall be in writing and shall be deemed given:
1. When delivered personally.
2. One (1) business day after being sent by a nationally recognized overnight courier.
3. When sent by email to the address specified by the receiving party, provided that a confirmation of transmission is received.
Notices to Vysyons shall be sent to:
Vysyons Communications, LLC Email: kwbhoward@vysyonscommunications.com
Address: [INSERT MAILING ADDRESS]
Notices to Client shall be sent to the email address or mailing address provided in the applicable Service Agreement or, if none, the address most recently provided by Client to Vysyons.
XVIII. Severability.
If any provision of these Terms or any Service Agreement is found to be unenforceable, invalid, or contrary to applicable law by a court of competent jurisdiction, such provision shall be modified or limited to the minimum extent necessary to make it enforceable and valid, or, if such modification is not possible, such provision shall be severed and deleted. The remaining provisions shall remain in full force and effect and shall be construed to give maximum effect to the parties' intent.
XIX. Waiver.
The failure of either party to enforce any provision of these Terms or any Service Agreement, or to exercise any right or remedy available hereunder, shall not constitute a waiver of such provision, right, or remedy, or of any other provision, right, or remedy. No waiver shall be effective unless made in writing and signed by the party against whom the waiver is sought to be enforced.
XX. Entire Agreement.
These Terms, together with the applicable Service Agreement, exhibits, and Vysyons' Privacy Policy, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, or communications, whether written or oral, relating to such subject matter. No modification, amendment, or waiver of any provision of these Terms or any Service Agreement shall be effective unless set forth in a writing signed by both parties.
XXI. Counterparts and Electronic Signatures.
Service Agreements may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Electronic signatures and digital copies of executed agreements shall have the same legal effect as original signatures and paper documents.
CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us at:
Vysyons Communications, LLC Email: kwbhoward@vysyonscommunications.com
Website: vysyonscommunications.com