This Terms of Service (TOS) agreement is between you (Client) and Weblogicx, Weblogicx may do business under the names ( Weblogicx, Hostlogicx, Namelogicx, Trafficlogicx).
By accepting this Terms of Service (TOS) electronically or in writing, and/or by using Weblogicx's services, including but not limited to, submission of content to Weblogicx's design department, payment or authorization of payment, you (Client) agree to be bound by the following terms and conditions. Client also agrees that Client's electronic acceptance of this TOS shall have the same force and effect as if Client had agreed to this TOS in writing.
Weblogicx provides its services to Client subject to the following TOS, which may be updated from time to time without notice. Client should periodically review the most current version of the TOS at http://www.weblogicx.com/terms-service/. Failure to comply with the TOS may result in account termination. By using Weblogicx's services Client agrees to (and hereby signs) the most current version of the TOS. If Client does not expressly reject the TOS and cancel Client's account within 5 days from the date of initial sale, Client agrees to (and hereby signs) the TOS and Weblogicx is instructed to commence work on the Client's website as if Client had expressly accepted the TOS.
Client's acceptance of the TOS is binding upon all Weblogicx services including the purchase of additional services or additional websites or accounts at a later date.
Weblogicx designs and hosts websites and provides other website-related services, including, but not limited to, support and modification of websites, e-commerce, flash, web-traffic reporting, database development, easy interface for updating the website, email accounts and additional website-related services. Client understands that Weblogicx's services may include certain communications from Weblogicx such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to Weblogicx's services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access Weblogicx's services.
Weblogicx is a website-related business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from Weblogicx any notices, agreements, disclosures, or other communications (Notices). Client agrees that Weblogicx may send electronic Notices in either of the following ways 1) To the email address provided to Weblogicx at the time of sale or 2) to the new email address account Client set up through Weblogicx. Client agrees to check the designated email addresses regularly for Notices. Notice from Weblogicx is effective when sent by Weblogicx, regardless of whether the Notice is read or received by Client.
As part of Weblogicx's commitment to providing the best possible service Weblogicx may monitor and record phone calls answered by Weblogicx and made by Weblogicx. Weblogicx may also archive recorded voice mail messages. Weblogicx records calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone. This allows Weblogicx to identify how Weblogicx can better serve its customers.
Weblogicx respects intellectual property laws, including those applicable to copyright and trademark, and the intellectual property of others. Weblogicx may terminate accounts for copyright or trademark infringement, or for any other reason Weblogicx deems appropriate as it may relate to Client's use of another's intellectual property. If you believe your work has been copied and is accessible on an Weblogicx's website.
Weblogicx will not use copyrighted or trademarked materials on any Client's website without the express written consent of the copyright or trademark owner. It is Client's responsibility to ensure that all content submitted to Weblogicx is original content and free from third-party copyright or trademark protection, or to obtain permission to use from the copyright or trademark owner. Client assumes full liability for any copyright or trademark infringement of Client's website on any third-party copyright or trademark, including, but not limited to, any infringement due to website content, website design or the look and feel of Client's website.
Client content that is sent to Weblogicx will remain the intellectual property of the Client. Weblogicx does not return original content to the Client. Unless a request to return the original content to the Client is made in writing upon submission of the content, the content will be destroyed. Weblogicx will attempt to honor requests to return original content; however, Weblogicx has no liability and does not guarantee the return of any content to Client.
Domain names purchased by Weblogicx and website designs, databases, stores, or programs created by Weblogicx are the property of Weblogicx until Client has paid all fees including one full year of monthly hosting.
Client acknowledges that by using Weblogicx's services Client will be causing communications to be sent through Weblogicx Weblogicx's computer networks, which may be located throughout the World. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Client acknowledges that use of Weblogicx's services results in interstate data transmissions and may result in transborder transfer of personal data. Client hereby consents to the collection, processing and transborder transfer of such personal information as Client may provide or make available to Weblogicx.
With help and input from the Client, Weblogicx will develop the website. Before work may begin on a website, the Client must electronically accept these Terms of Service. Client may submit content to Weblogicx through Weblogicx's online Web Center.
In submitting content, links to sample sites the Client likes are for general information purposes only and assist Weblogicx with the design of the Client's custom website. The functionality and detail of the sample sites will not be duplicated unless such functionality and detail are specifically included and itemized in Weblogicx's invoice and/or Database Specifications Summaries and do not infringe upon the intellectual property rights of others.
Weblogicx will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the website. Client will be notified by email when the website is live.
Client understands, agrees and acknowledges that Weblogicx does not guarantee a time frame for completion of ANY website. This is in part because it is difficult to complete a website without design approvals and participation from the Client. In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the site design, the completion time frame is increased. Other factors that may influence the completion date of a website include, but are not limited to, complexity of Client's project(s), availability of Weblogicx personnel, accounting status of Client's account, etc.
If Client does not respond to Weblogicx communications and, as a result, Weblogicx is not able to start or complete the website, Client is still responsible for all fees incurred including, but not limited to, design purchase price, set-up fees, enhancements purchased and monthly hosting charges that begin accruing from date of sale. If Client's website requires custom programming, functionality, flash, e-commerce or the use of a database, the overall development time will be extended.
Client is responsible for testing the functionality of the website upon Weblogicx's request for approval, and notification that the website has been completed. This includes, but is not limited to, functionality of all website pages, database, e-commerce store, payment functions, galleries, forums etc.
Client website may be posted live as soon as the website design is completed by Weblogicx. Additional features, such as custom database programming, flash programming, etc., will be added to the site as they are completed. The website may be posted live within 30 days from purchase if Weblogicx is required to complete content and design without complete Client input or content from Client.
The Client understands and agrees that if the Client does not respond within 5 business days to Weblogicx's request for approval and notification that the website has been completed and taken live, the website along with the functionality of the website and services rendered, will be deemed to be approved by the Client and Client agrees services have been rendered and the functionality of the website has been tested and approved by the Client.
The Client understands and agrees that if the Client does not respond to requests for missing information a final notification will be sent to the Client. If the Client does not respond within 5 business days to Weblogicx's notification or requests for missing information, the website, along with the functionality of the website and the services rendered, will be deemed to be approved by the Client, and the website will be taken live with the missing information "as-is" or "under construction".
In the event that Weblogicx completes all of the work per the original sale and database write ups, Weblogicx reserves the right to move the site live and deem the work to be completed without Client's permission if Client will not give approval of the work.
Weblogicx agrees to build a website and/or database to specifications quoted per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale, either prior to the custom website going live, or after the site has gone live, will be billed at Weblogicx's standard hourly rate. Weblogicx is not obligated to complete Client requests or changes outside of the scope of work on the original invoice. If Weblogicx does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.
Weblogicx does not guarantee a time frame for completion of ANY custom database or custom programming completed by Weblogicx or an Weblogicx Partner. If database is completed by Weblogicx A custom "Database Specifications Summary" may be presented to the Client. Weblogicx agrees to complete the database design according to the specifications outlined. If the Client does not object or respond to the Database Specifications Summary in writing within 5 business days it will be deemed to be accepted by the Client and Weblogicx may proceed with development of the custom database as outlined. A Database Specifications Summary may not be presented to the Client for purchase of pre-built database modules and e-commerce store modules.
If Client requests changes to a pre-packaged database, pre-built database module, or e-commerce store module, changes are to be billed to Client at Weblogicx's standard hourly rate. There is no guarantee that changes made by Weblogicx to a pre-packaged database, pre-built database module, or e-commerce store module will work. Client agrees charges are valid and agrees to pay for all fees incurred for Client's requested changes to pre-packaged databases, pre-built databases modules, or e-commerce store modules. Once work has begun on a database or custom programming there is No Refund if cancelled.
Client is responsible for testing the functionality of the website upon Weblogicx's request for approval and notification that the website has been completed. This includes, but is not limited to, testing the functionality of the custom database or programming. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.
Weblogicx will instruct Client as to the use of the custom database and the inputting of data related to such database. However, data entry is the sole responsibility of the Client. If the Client requests Weblogicx to enter data into the database, the Client will be charged, and agrees to pay, for such data entry at Weblogicx's standard data entry rates.
Client will be provided with instructions to input products into the store. If Client requests Weblogicx to enter products into the store on Client's behalf, the Client will be charged, and agrees to pay, for each product added to the store at Weblogicx's standard product-entry rates. Client is required to submit store content to Weblogicx via Weblogicx's content spreadsheet. The e-commerce store module is pre-built and any changes to the look or functionality of the pre-built store require custom programming. The Client will be billed at Weblogicx's standard hourly rate for requested changes.
Client is responsible for testing the functionality of the e-commerce store upon Weblogicx's request for approval and notification that the website has been completed. This includes but is not limited to testing the payment functionality. Weblogicx is not responsible for functionality of third-party services such as, but not limited to, merchant account, or gateway. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.
Some enhancements such as, but not limited to, flash, custom programming, functionality, etc, may require that a specifications summary be presented to the Client. If the Client does not object to the specifications summary within 5 business days, the summary will be deemed to be accepted, and Weblogicx will proceed with the development as outlined. Once work has begun on enhancements purchased by the Client there is No Refund if cancelled. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled.
While Weblogicx does not guarantee a time frame for the completion of any custom website, it may offer an optional expedited service to Client for a fee. Expedited service is not available for all accounts and all requests for expedited service must be approved by Weblogicx at its sole discretion. Client understands and agrees that Client's use of expedited service does not guarantee that Client's website including its corresponding design, enhancements, databases, e-commerce stores, flash, etc, will be completed more quickly than they would be without the use of the expedited service. The expedited service fee only ensures that Weblogicx will make reasonable efforts to more quickly assign designers and programmers to the account in an effort to facilitate development than would be the case under the ordinary developmental process.
The successful use of expedited service is contingent upon Client's timely acceptance of the Terms of Service, payment of any and all fees due, submission of content through the online web center and acceptance of any project specification documents prepared by Weblogicx and Client's timely cooperation with Weblogicx in any solicitation for information related to the website's development.
If expedited service is offered to Client by Weblogicx, Client may be presented with an estimated date of completion. Client understands and agrees that such estimated dates of completion are estimates only and may apply only to one particular element of the website, i.e. database, flash, e-commerce, design, and not necessarily to multiple elements of the website or to the website collectively. Under no circumstances will Weblogicx guarantee the respective portion or portions of the website subject to the estimated date of completion to be completed sooner than the estimated date of completion. Should circumstances arise that make it impossible to complete the portion or portions of the website that are subject to the estimated date of completion by the estimated date of completion, including but not limited to Client failure to provide Weblogicx with requested information in a timely manner, Weblogicx reserves the right to change the estimated date of completion accordingly or to cancel the expedited services and refund a portion of the expedited service fee to Client. In no case shall the portion of the expedited service fee to be refunded be greater than fifty percent (50%) of the expedited service fee. Regardless of whether work is completed by the estimated date of completion, Client remains liable to Weblogicx for any and all other charges related to the website's development.
Client may purchase at an additional monthly cost additional services offered by Weblogicx. Additional monthly services may include, but are not limited to, the Web Traffic Director program (WTD), spam filters, and back-up software. Additional monthly services include a monthly fee that is incurred and billed every month beginning from the date of purchase of the additional service. Weblogicx will Not Refund any fees incurred for additional services or paid by the Client prior to the cancellation effective date for the additional service. Any fees invoiced and incurred are valid and Client agrees to pay. Additional services purchased may be cancelled with 30 days written notice.
Weblogicx's technical support department should be contacted at support@weblogicx.com for any concerns with Client email accounts or any problems with hosting or functionality of the website after the website is live. Weblogicx provides technical support for email and down time issues that are caused by Weblogicx. Tech support is available for a fee per occurrence and at an hourly rate for all other technical support issues. Client agrees to pay for technical support services requested by Client at Weblogicx's hourly rate and that Weblogicx may charge Client's account for such technical support fees.
If Client uses Weblogicx's technical support services, including but not limited to screen share sessions, Client acknowledges and understands that Weblogicx does not warranty that technical support services will meet Client's requirements or be error free.
Client acknowledges that Weblogicx may establish general guidelines and limits concerning use of Weblogicx's services and may modify these guidelines at any time. Limits may include but are not restricted to, the maximum number of days that email messages or other content will be retained, maximum number of email messages that may be sent from or received by an account, the maximum size of any email messages sent and the maximum disk space that will be allotted on Weblogicx's servers on Client's behalf. Client acknowledges that Weblogicx is not responsible for backing up Client's website and data. Client should seek appropriate backup solutions. Changes made by Client using the editing tool or by Weblogicx may be lost if data loss occurs after a scheduled backup by Weblogicx.
Weblogicx utilizes security practices that comply with standards set by the Payment Card Industry (PCI) in maintaining its servers. Weblogicx will not modify its shared-hosting server settings and configurations to Client's individual preferences. Weblogicx routinely scans its servers to ensure compliance with good security practices. Unauthorized security scanning and penetration testing of shared-hosting servers by the Client is strictly prohibited.
Weblogicx at its sole discretion may allow or perform server administration and or customization to client accounts that are hosted on a virtual private server (VPS) or a private server. Such server customization and administration is subject to Weblogicx standard hourly rates and Client agrees to pay for any and all such customizations requested.
If Client uses its website to collect, store, display, process or otherwise use sensitive or confidential information including but not limited to credit card information, social security numbers, credit or financial information, medical or health care related records, insurance records, sales records, personal information, etc, then Weblogicx at its sole discretion may require Client to utilize certain services to improve the security of Client's website. Such services may include security certificates, hosting Client's site on a Virtual Private Server (VPS) or on a private server, and using programming that encrypts the sensitive or confidential information used by Client's website. Client understands and acknowledges that there may be costs associated with these services and agrees to pay for said services if use by Client. Weblogicx reserves the right to terminate Client accounts that refuse to meet Weblogicx's security requirements for Client's website.
Client may wish to make changes or updates to the live website that Weblogicx is hosting. Most changes can be made using Weblogicx's online editors. The online editors may not be available for all websites, or all pages of a website. Availability of the online editors is dependent upon the functionality and specifications required for the Client's website. If Client desires for Weblogicx to make changes to website, design time may be purchased at an hourly rate or in blocks of design time as a Design Service Contract.
Weblogicx is not responsible for any changes Client makes to website, or if Client breaks the website. Time required by Weblogicx to repair changes made by Client will be billed to Client at Weblogicx's standard hourly rate or Weblogicx may utilize design time that has been purchased by the Client.
Monthly hosting is billed 60 days from the date of sale and is recurrently billed every 30 days thereafter. Monthly hosting begins accruing 30 days from the date of sale, regardless of the date the website goes live, because hosting costs are incurred immediately. Server space is secured for the developing website and/or for existing Client domain names. In addition, email accounts and support are available from the date of sale and are paid for with monthly hosting fees. Client agrees to a one year hosting agreement with Weblogicx.
Client is responsible for the purchase and renewal of domain names and will be billed directly by domain name provider for annual renewal fees. Client agrees to pay Weblogicx for domain names purchased and/or renewed by Weblogicx on Client's behalf.
Domain names purchased by Weblogicx on Client's behalf and website designs, databases, stores, or programs created by Weblogicx are the property of Weblogicx until Client has paid all fees including one full year of monthly hosting. Same purchases of sites may not be transacted with the intent and/or result of having a site built, then transferring the site to another hosting provider. Clients may buy-out their one year hosting agreement by paying 12 months of hosting in advance if they wish to transfer the domain name and content to Client's control prior to one year of paid monthly hosting. Weblogicx expressly reserves the right to retain a copy of any website designs, databases, stores, flash, programs, writings, or any other work created for Client for evidentiary purposes.
Domain names are purchased through a third party service on Client's behalf. Weblogicx cannot guarantee the availability of domain names and has no liability for a domain name not being available for purchase after the initial sale. If a domain name is not available for purchase Weblogicx will assist the Client in selecting and purchasing an alternate domain name.
If Client ceases to pay monthly hosting or other fees due ownership of any domain names purchased by Weblogicx on Client's behalf or controlled by Weblogicx are transferred to Weblogicx. Weblogicx may allow domain name to expire, may renew domain name and remain the owner, or Weblogicx may sell the domain name at its sole discretion and for Weblogicx's sole benefit.
Weblogicx makes no representations as to the marketing of Client's products, services or sales. Client's obligation to pay fees due to Weblogicx are due at time of sale of website design and hosting services and are not contingent upon Client's marketing of said website. Client is responsible for all marketing of Client's website. Weblogicx is not responsible for marketing of Client's website including search engine rankings. Ultimately the success or failure of the Client's website is the responsibility of the Client.
Weblogicx provides a 90-day satisfaction guarantee. Weblogicx will continue to change and modify the Client's website to Client's liking, within 90 days from the date of sale or until the website is taken live, whichever comes first, at no additional cost, provided that said revisions are part of the original sale and are not enhancements to the original sale. Changes to the website made after 90 days from the date of the initial sale, or after the website is taken live, will first be billed to the Client's design time hours available based upon the monthly hosting package purchased by the Client. Changes to the website that exceed the design time hours will be billed to the Client at Weblogicx's standard hourly rate over and above the initial design fee paid. Weblogicx does not guarantee that the website designed will be exactly what the Client has envisioned. Weblogicx's best effort will be given for the 90-day satisfaction guarantee but Weblogicx is not obligated to complete multiple redesigns or modifications. While Weblogicx may agree to make requested changes and to bill the Client's design time or bill the Client directly, Weblogicx is not obligated to complete Client requests or changes outside of the 90-day satisfaction period. If Weblogicx does not agree to Client requests or changes, Client agrees and is still obligated to pay all fees incurred and due.
The initial design set-up fee is due and billed in full at the time of the original sale. (Installment payments may be accepted for the set-up fee only if agreed to in writing per the original invoice.) Monthly hosting is billed and due every month beginning 60 days from the date of the original sale. The Client hereby requests that Weblogicx renew and bill monthly hosting fees every 30 days thereafter, unless the Client cancels in writing after 12 months of monthly hosting fees have been paid.
Monthly hosting and additional services fees may be billed on the 1st or 15th of each month to coincide with Weblogicx's billing cycles. The amount of the initial design set-up fee and monthly hosting fees are detailed on the original invoice confirming amounts of sale. Monthly hosting amounts may vary depending upon the hosting package selected by Client.
Weblogicx reserves the right to change prices at any time including monthly hosting amounts and hourly design fees. All prices are in U.S. Dollars (USD) without regard to fluctuations in foreign exchange rates.
Weblogicx accepts payment via wire transfer, check, credit card and EFT debit from Client's bank account. Upon Client's authorization of payment to Weblogicx via credit card, or EFT debit payment, Client thereby authorizes all recurring monthly hosting and/or additional services fees to be charged to the same method of payment, credit card or EFT account for future charges until such authorization is withdrawn by Client in writing.
The Client may change payment methods including credit card and EFT debit payments with 30 days notice. To change payment methods Client should contact Weblogicx's billing department. Client should not email new billing information for security purposes.
Weblogicx reserves the right to hold Client, its principals and authorized representative(s) jointly and severally liable for any and all amounts owed.
Weblogicx charges up to a $25.00 fee for returned checks. If Weblogicx does not receive payment in full when due, Weblogicx may, to the extent permitted by the law of the state of the billing address on file for Client at the time, charge a late fee of up to 1.5% per month (18% per annum), or a flat fee of $5 per month, whichever is greater, on any unpaid balance. Weblogicx may, to the extent permitted by the law of the state of the billing address on file for Client at the time account is sent to a collection agency, also charge Client for any collection agency fees and/or attorney's fees billed to Weblogicx for collecting from Client. Weblogicx does not agree to, and will not honor, any limiting notations made by a Client on a check.
Requests may be emailed to billing@weblogicx.com. If Client chooses to send request by email, a copy of the request must also be sent by mail as confirmation.
If Client initiates a credit card dispute the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding upon Client. In the event that Client initiates a credit card dispute, ceases paying hosting fees or other fees due, Weblogicx, at its sole discretion, may suspend work on the website until the billing dispute has been resolved.
Weblogicx, at its sole discretion, may terminate its service and remove and discard any content, for any reason, including and without limitation, for lack of use, or if Weblogicx believes Client has violated the TOS. Weblogicx may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. Client agrees that any termination of access to Weblogicx's services under any provision of this TOS may be effected without prior notice and that Weblogicx may deactivate or delete Client's account and all related information files. Client agrees that Weblogicx shall not be liable to Client or any third-party for any termination of services. Paid accounts that are terminated will not be refunded. Weblogicx may suspend or terminate accounts, and shut down website for accounts that become delinquent for more than 30 days, in which case Client remains responsible for any unpaid balance owed to Weblogicx. Charges for monthly hosting will continue to incur for delinquent accounts until Client's one year hosting obligation has been met even if account has been suspended or terminated. Weblogicx also reserves the right to discontinue the designing of Client's website at any time, at Weblogicx's sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by Weblogicx.
If the Client cancels an account before the work is completed or site is live, a cancellation fee is retained per the Cancellation Fee and Refund Policy. Client agrees that all fees incurred and billed prior to cancellation effective date are valid and Client agrees to pay. Upon request for termination of services the website will be removed. A back-up copy of the website is not maintained by Weblogicx.
Client agrees to pay all hosting fees and additional services fees owed from the time of sale until the cancellation effective date, and at a minimum for hosting fees for one year. Transferring a domain name to another provider or non-use of Client's hosting account does not constitute termination of the account. Client must notify Weblogicx in writing or via email to terminate the account services and avoid further monthly hosting charges. It is Client's responsibility to secure confirmation from Weblogicx that the request for termination has been received and no further hosting fees will be billed.
Requests may be emailed to sales@weblogicx.com. With Subject "Cancel Request", If Client chooses to send request by email, a copy of the request must also be sent by mail as confirmation.
Client may terminate hosting services with 30 days written notice, after one full year of paid hosting. The effective date of cancellation is to be 30 days from the date of Weblogicx's receipt of written notice to cancel. Any monthly fees scheduled to bill after receipt of written notice to cancel but before the effective date of cancellation are valid and Client agrees to pay.
If Client has not paid all design, enhancement, hosting and additional services fees due, such fees are due in full at the time of cancellation and Client authorizes Weblogicx to collect any outstanding fees due, subject to the Cancellation Fee and Refund Policy. Client understands any pending billing for design fee installments previously agreed to will not be canceled.
A) A minimum of a 50% cancellation fee will be retained by Weblogicx on cancelled accounts even if no work has been started and no content yet submitted by the Client.
B) A minimum of a 75% cancellation fee will be retained by Weblogicx on cancelled accounts if work has been presented to the Client; or Weblogicx has made multiple attempts to work with the Client, and Client has not responded to those attempts.
C) A 100% cancellation fee will be retained by Weblogicx and NO REFUND issued if any changes and/or modifications requested by the Client have been completed by Weblogicx. No Refund will be issued on any website cancelled after services have been rendered, including but not limited to, the design work having been completed and/or the website taken live.
D) 100% cancellation fee will be retained and NO REFUND will be issued by Weblogicx if Client cancels after 90 days from the initial sale.
MINIMUM CANCELLATION FEE – Client agrees that a minimum cancellation fee of 50% will be retained by Weblogicx on all cancelled accounts even if no work has been started. The cancellation fee is charged to compensate Weblogicx for up-front expenses and services rendered, including but not limited to, costs incurred for the purchase of domain name(s) for developing the website, securing server space, creating the temporary website or space saver, employee expenses, marketing, and overhead costs.
ENHANCEMENT SALES – A 100% cancellation fee will be retained by Weblogicx and NO REFUND will be issued once work has begun on any enhancements purchased, including, but not limited to, databases, programming, logos, flash, galleries, rollovers, e-commerce stores, security certificates, design time, domain names, etc. A minimum cancellation fee of 50% will be retained on cancelled expedited services. Client agrees that a minimum cancellation fee of 50% will be retained by Weblogicx on all cancelled enhancement purchases if cancelled within 90 days of the enhancement sale and if work has not yet begun. NO REFUND will be issued by Weblogicx if Client cancels after 90 days from the enhancement sale. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled.
By accepting a refund in full or refund less cancellation fee, Client agrees that the matter is settled in full and releases Weblogicx, its officers, owners, members, agents and employees of any and all contractual obligations and waives all claims of any nature, including legal action, against Weblogicx's its officers, owners, members, agents and employees.
Requests for transferring the ownership of a website or hosting account from Client to a new owner must be completed in writing by both the current account owner and the new designated owner. The transfer is not valid until a signed request is received by Weblogicx in writing which is to include payment authorization and new billing account information from the new owner, documentation of the ownership transfer (purchase agreement etc), documentation of copyright transfer, and acceptance of Weblogicx's TOS by the new owner.
Client acknowledges and agrees that Weblogicx's services may contain proprietary and confidential information that is protected by intellectual- and proprietary-rights laws. Client agrees to not reproduce, duplicate, copy, sell, resell or exploit any portion of Weblogicx's services.
Client herby gives permission to Weblogicx to use samples or links to Client's custom website designed by Weblogicx for marketing and advertising purposes, including but not limited to, use in Weblogicx's online portfolio.
Weblogicx may contract with Contract Service Providers to complete a portion, or all of the Client's custom website. The Client agrees not to do business directly with the Contract Service Provider, nor to remit payment to the Contract Service Provider or any Weblogicx employee directly for services. All payments for services rendered must be made directly to Weblogicx. Contract Service Providers are independent contractors and are required to follow company policies and procedures. Contract Service providers are provided with only the information needed to complete the design or development portion of the Client's website and do not have access to Client's personal information including payment information.
CLIENT'S USE OF WEBLOGICX'S SERVICES IS AT CLIENT'S OWN RISK. WEBLOGICX'S SERVICES ARE PROVIDED "AS IS". WEBLOGICX DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WEBLOGICX DISCLAIMS ANY WARRANTIES REGARDING WEBLOGICX'S SERVICES INCLUDING THAT THEY WILL MEET CLIENT'S REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WEBLOGICX DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF WEBLOGICX'S SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. WEBLOGICX DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENT'S PRODUCTS, SERVICES, SALES, OR WEBSITE. WEBLOGICX DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH WEBLOGICX'S SERVICES, OR LINKS PROVIDED BY WEBLOGICX'S SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY WEBLOGICX OR OBTAINED THROUGH LINKS PROVIDED THROUGH WEBLOGICX'S SERVICES.
CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF WEBLOGICX'S SERVICES ARE DONE AT CLIENT'S OWN RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CLIENT'S COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
CLIENT UNDERSTANDS AND AGREES THAT WEBLOGICX, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WEBLOGICX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE WEBLOGICX'S SERVICES, RELIANCE ON WEBLOGICX'S SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF WEBLOGICX'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH WEBLOGICX'S SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT'S DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO WEBLOGICX'S SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO WEBLOGICX'S SERVICES.
Without limiting the foregoing, under no circumstance shall Weblogicx be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. Weblogicx's full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to Weblogicx.
Client waives all tort claims, strict liability claims and any and all other legal and equitable claims to the extent permitted by law against Weblogicx, its subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. Client waives any tort claims that arise by act, or omission. Client further agrees that it may only bring claims against Weblogicx in Client's individual capacity and not as a member of a class.
Client agrees to defend, indemnify and hold harmless Weblogicx, its directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees that may arise or result from any content Client submits, posts, transmits or makes available through Weblogicx's services, from any product sold by Client, its agents or employees or assigns, from any service provided or performed or agreed to be performed by Weblogicx or from Client's breach or violation of the TOS, including any obligation, representation, or warranty made herein, or Client's violation of any rights of another. Client further agrees to defend, indemnify and hold harmless Weblogicx, its directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising from or related to contracts, representations, agreements, promises, etc, made between Client and third parties, or arising from or related to Client's negligence toward third parties.
In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision the remainder of this Agreement shall remain valid and enforceable according to its terms. The failure by Weblogicx to avail itself of any right or enforce any obligation of this agreement shall not be deemed to be an ongoing waiver of such right or obligation or of any other right or obligation.
This agreement shall be governed exclusively by the laws of the Maharashtra, India, without regard to any conflicts of law provisions thereof, as a contract entered into and performed entirely within the Maharashtra. The parties hereby expressly disclaim the application of the United Nations Convention on the International Sale of Goods. Any disputes between the parties relating to the subject of this agreement shall be submitted exclusively to the jurisdiction of the state or courts located in the Maharashtra, India, and the parties expressly consent to personal jurisdiction and venue therein and waive any objection based on forum non conveniens or otherwise. Should there be a breach of this provision, the non-breaching party shall be entitled to an award of attorney fees.
Notwithstanding the foregoing, in lieu of litigation, arbitration may be used as a means of resolving disputes. Arbitration would be through a neutral third-party arbitrator to be approved by both Client and Weblogicx. If any court sitting outside the India determines that the litigation forum or arbitration provisions of this agreement are invalid, then and only then, the parties agree to settle any dispute through binding arbitration by three arbitrators, in the English language, under the commercial arbitration rules of the International Chamber of Commerce, with the location of the arbitration to be in a neutral jurisdiction (not the country of residence of the Client or of Weblogicx) as selected by Weblogicx.
Weblogicx may investigate any reported violations of this agreement, its policies or any other complaints and take any action it deems appropriate to protect its systems, facilities, Clients, and/or third parties.
Selecting and submitting "accept" on the electronic copy of the TOS, submitting content through the online web center, making payment, or submitting information or documents to Weblogicx so that Weblogicx may perform services for the Client, the same shall constitute an electronic signature as defined by MH, Indian Government.
Weblogicx reserves the right to subcontract services or assign the ongoing servicing and/or hosting of your account or this entire Agreement to another party at its sole discretion. This agreement shall not be affected by any change in the name of Weblogicx or any other affiliated companies, or any condition, merger or acquisition of Weblogicx and shall be automatically assigned to any successor entity of Weblogicx and shall continue in effect thereafter in accordance with its terms.
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TOS). Any modifications to this agreement must be in writing and signed by an authorized officer of Weblogicx. All representations not in writing are null and void. Written agreements may include, but are not limited to, emails and electronic acceptance of this Terms of Service.
Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Weblogicx's services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.