This Terms of Service governs your purchase and use, in any manner, of all services, including but not limited to search engine optimization, social media marketing, web design and development, Pay Per Click management, conversion optimization, website redesign and any other kind of service (collectively, the “Services”) provided or offered by webdeveloperusa.com (hereinafter referred as “we”/”us” or “our”). Any person or any entity using the service provided by us has been referred to as the “user” in these terms of service.
BY AGREEING TO USE OR BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. YOU ALSO ACKNOWLEDGE THAT YOU ARE LEGALLY CAPABLE OF ENTERING INTO SUCH A CONTRACTUAL RELATIONSHIP WITH US AS IS THE REQUIREMENT OF THESE TERMS OF SERVICE. We reserve the right to change or modify any of the terms and conditions contained in this Agreement, the Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the webdeveloperusa.com Web site (the “web site”). We will post a notice of such changes or modifications to this Agreement or the Addendum on the Site for thirty (30) days. We may post changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS OF SERVICE, DO NOT ACCEPT THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY NOTIFY US OF YOUR TERMINATION OF THIS AGREEMENT IN THE MANNER DESCRIBED IN THE TERMS OF SERVICE.
WE RESERVE THE RIGHT, AT ITS SOLE DISCRETION, TO INQUIRE ABOUT THE INTENDED USE, INTENDED CONTENT, AND PAYMENT DETAILS OF PROSPECTIVE CUSTOMERS. WE ALSO RESERVE THE RIGHT, AT ITS SOLE DISCRETION, TO DECLINE NEW SERVICE TO ANYONE. IT IS OUR RIGHT AS THE SERVICE PROVIDER TO INVESTIGATE, AT ANY TIME, THE CONTENT AND USAGE ON OUR SERVERS AND NETWORK.
The Term of the services provided by us shall be strictly in accordance with the order form signed and properly filled by you. After the end of the term specified in the order form this agreement shall be automatically renewed unless the contrary is expressly stated by us or by the user.
The renewal period of the service, unless the contrary is stated, shall be equivalent to the initial period of service utilized by you.
You agree to pay for all charges attributable to your use of the Services at the then prices or as per the price mentioned in the order form, whichever is higher, which shall be exclusive of any applicable taxes. You shall be responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services provided to you, other than taxes based on our net income.
All charges for Services must be paid in advance according to the clause no. 2 of this Terms of Service. Upon agreeing to utilize the services offered by us, you agree to pay as per the payment system prescribed in the order form. The order form shall mention the amount of payment to be made and also the time at which they are to be made. We use several third party methods to receive payments, and you may choose any or all such methods of payment as per your convenience at different time junctures. You also understand that we do not have any partnership or joint venture with any payment gateways used by us. Any dispute regarding such payment gateways or third party payment methods used by us shall be dealt with between you and such third party payment gateway owner. We may choose to not interfere in such disputes. We also disclaim all our liability in such regards.
You hereby authorize us to charge any payment to your credit card or debit card, which you are bound to pay as per the clause no. 2 of this terms of service. You also provide all other kinds of necessary permissions to enable us to charge the amount payable by you to us. You also hereby agree to keep us updated about your account details, billing addresses and other information required by us to provide the services to you.
We many also provide invoices to you and subject to the order form you may choose to pay upon the invoice being served upon you.
You agree to pay us the amount indicated in each invoice by the due date reflected on the invoice. If you fail to pay any fees and taxes within fifteen (15) days from applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (5%) per month or the maximum allowable under applicable law shall also become payable by you to us. In addition, your failure to fully pay any fees and taxes within fifteen (15) days after the applicable due date will be deemed a material breach of this Agreement, which will justify us for suspension of our performance of the Services and/or termination of this terms of service. You are responsible for any fees associated with reinstated of Services. Any such termination would not relieve you from paying past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys’ fees, court costs and collection agency fees.
We do not provide any kind of guarantee for any kind of services offered by us, unless the contrary is mentioned in the order form. The order form may mention certain guarantees provided by us and those guarantees shall be interpreted in their strictest sense and shall be applicable only to the services against which they are mentioned and in no way shall they be applicable against all services provided by us.
If you are not satisfied by any services offered by us to you, you may choose to terminate the same by providing us a notice in accordance with this Terms of Service. For any such kind of termination, a notice in 15 days advance shall be given and it shall also state reasons for such termination. Such a termination shall only be made in the initial period as mentioned in the order form. In consequence of such termination, you shall be eligible for refund equal to the charge already paid by you but we shall exclude the set up fee and any other monetary loss incurred by us on account of such termination.
By agreeing to use the services provided by us you agree to provide us all necessary support required for effective and efficient discharge of our duties towards you. At all times you, your employees and your agents agree to help us in all manners possible by providing us all necessary support. Such support includes but is not limited to providing domain names, necessary information for creating domain names, necessary designs, requirements related to creating designs, essential information about the business you are involved in, license to use any intellectual property which is required for the services.
If you are not able to provide us with support and information required by this clause, we shall not be liable for any breach of guarantee offered by us. Also on such disability of yours we become eligible to terminate the services in accordance with the termination policy as mentioned in this Terms of Service.
You also understand that if the nature or type of business activity is changed, services provided to you by us may be rendered of no use or reduced use. We disclaim any liability because of such changes made by you.
If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) Web shall not refund to you any fees paid in advance of such termination and (b) your services will be terminated immediately. Notwithstanding the foregoing, if you have pre-paid for an extended period of Services, you are entitled to a pro-rated refund of the remaining months, calculated at the standard monthly rate for such Services, not the discounted pre-paid rate. Your termination request must be submitted to us in the manner described in this Terms of Service. We may terminate the services at any time and for any reason by providing to you written notice of termination. On any termination from our side, you shall be eligible for refund to you of the pro-rated portion of pre-paid fees attributable to Services not yet rendered as of the termination date unless otherwise expressly provided herein.
Should the services expire or be terminated for any reason, we will not be liable to you because of such expiration or termination for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such termination or expiration. Any termination of the services shall not relieve you of any obligations to pay fees and costs accrued prior to the termination date and any other amounts owed by you to us as provided in the relevant clause of this Terms of Service.
You understand and agree that we transact with our users electronically and, therefore, we may provide you with required notices and terms electronically, either by sending you an e-mail to the address that you have provided to us, or by posting a notice on the appropriate Web page. By using the services you represent that you have the necessary equipment, software and internet access to read, review, print and store any terms or notices that we provide to you. Your affirmative act of either (i) accessing and using our website i.e. webdeveloperusa.com, and/or (iii) providing a Submission, constitutes your electronic signature to this Agreement and/or (iii) providing us with your email id or by contacting us via email. You acknowledge that these Terms may not be denied legal effect or enforceability solely because this Agreement was formed electronically.
You also agree to provide us all notices regarding your grievance or termination of services on our mentioned e-mail ids on the website and also intimate us by telephone. The notices served on us shall be considered served only upon an acknowledgement mail sent by us to you. You should make all necessary efforts to ensure that we receive any notice sent by you.
We reserve the right and have absolute discretion to restrict or remove from its servers any content that violates this Terms of Service or is otherwise objectionable or potentially infringing on any third party’s rights or in potentially violation of any laws. In the event of becoming aware of any possible violation by you of this Terms of Service third party rights or laws, we may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted by us , and/or (d) disabling or removing any hypertext links to third-party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by us which, in our sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes us to civil or criminal liability or public ridicule. It is our policy to terminate repeat infringers. The above stated rights of action, however, do not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. In the event we take corrective action due to such possible violation, we shall not be obligated to refund to you any fees paid in advance of such corrective action.
10.1. You hereby grant us a non-exclusive, worldwide, and royalty-free license for the Initial Term and the Renewal Term, if applicable, to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your content as necessary for the purposes of rendering and operating the Services to you under this Terms of Service and the order form signed by you. You expressly (a) grant to us a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
10.2. You warrant, represent, and covenant us that (a) you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the services accepted by you; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
10.3. All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by us or its suppliers or agents or employees pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by us to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto shall be and remain our Intellectual Property. We shall also maintain and control ownership of all Internet protocol (“IP”) numbers and addresses that may be assigned to you by us. We reserve, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
This term of service will be treated as the final terms and it will supersede all previous agreements, letters, MOU and verbal or written communication. This term of service will also supersede all or any other terms mentioned on the website, if such other terms are contrary to what is provided in this document.
If any provision in this Terms of service is rendered void, illegal or unenforceable in any respect under any law applicable, the validity, legality and enforceability of the remaining provision shall not in any way be affected or impaired thereby.
BY USING THE SERVICES, YOU AGREE THAT WE, OUR EMPLOYEES, OUR AFFILIATES, ASSOCIATES AND/OR OUR SERVICE PROVIDERS, WILL NOT FOR ANY REASON OR CIRCUMSTANCE, AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES, BY WAY OF EXAMPLE BUT WITHOUT LIMITATION, TO ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY OF THE SERVICES OFFERED BY US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, SUCH EXCLUSIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
You acknowledge that the services are provided “AS IS” and “AS AVAILABLE” without warranty of any kind whatsoever unless otherwise provided in the order form. We, our employees, affiliates and service providers make no warranty as to the services offered by us and the entire risk is with you. WE EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. WE MAKE NO WARRANTY OR GUARANTY THAT THE SERVICES PROVIDED BY US ARE COMPLETE, ERROR-FREE, OR THAT THE SERVICES WILL OPERATE IN A MANNER THAT IS SECURE (UNLESS OTHERWISE INDICATED), UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. IT IS UP TO YOU TO TAKE ANY AND ALL NECESSARY PRECAUTIONS TO ENSURE NO HARM TO YOU OR YOUR BUSINESS. CHANGES MAY BE MADE TO THE CONTENTS AND SOFTWARE ON THE SITE, AND THE PRODUCTS AND SERVICES, AT ANY TIME WITHOUT NOTICE. WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE SERVICES WE PROVIDE. WE ARE NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; OR INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS; OR SYSTEM DATA.
You shall indemnify and hold us harmless against all claims, fines, losses, damages, costs and expenses whether direct or indirect, in connection with product liability or non-compliance of any law and/or regulation related tothe services we provide to you. Any violation of any Intellectual Property Right solely for the reason that such a violation was committed while providing services to you shall be you responsibility and we disclaim any liability in such an event.
To comply with applicable laws and lawful governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing in our servers and systems. We also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. To the extent any inconsistency exists between any terms of our On-line Privacy Practices and our right to disclose under this section, our right to disclose under this section will control and exist.
We may investigate any reported violation of this Terms of Service, any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. We will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.
While using the services provided by our website, there may be certain third party services provided on the website, including but not limited to payment gateways and methods such as “paypal”, we hereby expressly provide that we do not have any joint ventures with such third parties unless expressly mentioned on the website. We also exclude all liabilities related to such service being attached or provided on the website.
The failure or delay of any party related to this term of service to perform any obligation arising out of this agreement solely by the reason of Act of god, act of government (except as otherwise enumerated herein), riots, wars, strikes, accidents in transportation or other causes beyond its control (collectively referred to as “Force Majeure”) shall not be deemed to be a breach of this agreement, provided that the party so prevented from performance of its obligation herein shall not have caused such Force Majeure. The party so prevented shall have used reasonable diligence to avoid such Force Majeure or ameliorate its effects, and shall continue to take actions within its power to comply as fully as possible with the terms of this agreement.
That except where the nature of the event shall prevent it from doing so, the party suffering such Force Majeure shall notify the other party in writing within seven days, after the occurrence of such Force Majeure and shall in every instance, to the extent reasonable and lawful under the circumstances, use its best efforts or remedy such cause with all reasonable dispatch.
That in the event of Force Majeure persists for a period of more than three months, the other party shall have the option of terminating the agreement without incurring any liability.
These Terms, and any rights and privileges granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void unless the same is permitted by us.
Our failure to enforce the strict performance of any provision of this Terms of Service or any other term related to the services provided by us will not constitute a waiver of our right to subsequently enforce such provision or any other provisions hereunder or thereunder.
You hereby acknowledge and agree that we and our suppliers will not be liable for any temporary delay, outages or interruptions of the Services. Further, we shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
You shall at all times comply with all applicable laws and regulations and shall indemnify and save us harmless from your failure to so comply. You agree that We shall not have to perform any obligations set forth in this Agreement if such performance would violate any present or future law, regulation or policy of any applicable government.
You shall not use the Services in any way that violates U.S. export laws, including without limitation, uses related to the proliferation of weapons of mass destruction, prohibited chemical, biological, or nuclear weapons or missile use. You agree that you are not located in, under control of, or a national or resident of any country restricted as a destination by U.S. law or on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders.
The headings used in this Terms of Service are only for convenience and in not manner they shall be used as an aid to interpretation of this Terms of Services and the clauses mentioned.
This Website is intended only for adults. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You also affirm that you are legally qualified to enter into a valid contract as per the law of the land.
Any clause of this Terms of Service may be modified, altered, replaced, amended, changed or corrected by us at our sole discretion.
The Website is controlled and operated in the New York City. Every service provided shall be deemed to be provided from United States of America. The Conditions and any Contract brought into being as a result of usage of this Website or the services provided by us will be governed by the state and federal laws of United States of America and you irrevocably agree to submit to the exclusive jurisdiction of the courts of United States of America in accordance with the law of the land. There shall be no reference to rules governing choice of laws.