Terms of Service Agreement

The Client is engaging iGlobalweb LLC, for the purpose of developing and/or improving a website to be installed on the iGlobalweb LLC private hosting servers or other services provided and listed in www.iglobalweb.com. The Client authorizes iGlobalweb LLC to add, modify and delete files on the server space. The Client authorizes iGlobalweb LLC to charge the total amount of online and/or offline orders, subscriptions, hosting fees, recurring orders with the client’s credit card and/or bank account on file.

The Client agrees to provide iGlobalweb LLC ALL content for the website such as text, images, video and sound in an electronic format. Client understands that iGlobalweb LLC may choose not begin to develop/code/customize the website until all content is received. iGlobalweb is not responsible from the content creation. Client is solely responsible for ensuring compliance with all applicable laws, including accessibility requirements, privacy laws, cookie laws, advertising laws, consumer protection laws, and industry-specific regulations.

The Client understands that iGlobalweb web services/website designs are only available on iGlobalWeb private hosting servers. Website source code and proprietary frameworks remain the intellectual property of iGlobalWeb. Clients retain full ownership of their own content, including text, images, and media uploaded to the website.

Hosting fees are automatically billed annually or monthly and they are non-refundable.

The client understands and agrees that iGlobalweb is not responsible for any downtime, any business loss due to downtime or other losses may be caused by the servers or website & other programs).

Hosting fees (Self Managed – Managed – Fully Managed Packages) and other Subscriptions automatically renew every year or month until it is canceled. To cancel hosting or other services, the customer has to send a cancellation notice by email to info( at ) iglobalweb.com and has to receive a cancellation confirmation from iGlobalweb.

The Client understands that once the website is completed and installed to the Clients web space the Client takes on the responsibility of maintaining all aspects the site, such as text, images, video and sound files unless it is “Managed” or “E-Commerce” hosting service. “Managed” and “E-Commerce” plan you have right to ask 1(one) hour per month for adding/modifying content to your website for FREE. We will provide our Content Management System (CMS) which will assist the Client in maintaining the site easily.

iGlobalWeb provides all websites, hosting, software, and related services on an “AS IS” and “AS AVAILABLE” basis.

While iGlobalWeb strives to provide reliable and high-quality services, we do not guarantee that any website, server, application, or service will be uninterrupted, error-free, secure, compatible with all devices or browsers, or free from bugs, malware, hacking attempts, or other vulnerabilities.

The Client acknowledges that temporary interruptions, maintenance, software updates, third-party failures, Internet outages, and unforeseen technical issues may occur and agrees that such events do not constitute a breach of this Agreement.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 

These Terms shall remain in effect until terminated by either party in accordance with these Terms of Service. Any provisions that by their nature should survive termination—including, but not limited to, payment obligations, intellectual property rights, limitation of liability, indemnification, dispute resolution, and governing law—shall survive such termination.

The Client represents to iGlobalWeb and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to iGlobalWeb for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend iGlobalWeb and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

Upon final payment of contract, the Client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, source files, and computer programs are specifically not transferred to the Client, and remain the property of iGlobalweb .

We retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

Upon a domain transfer-out request, a one-time administrative transfer fee of up to $250 may apply to cover domain management and processing costs.

Transfer will be processed after the payment of the invoice completed and client should have no remaining balance. The website content, pictures, computer programs, CMS, files, emails and any items that is used to compose the website will not be shared or transferred since they are property of iGlobalweb.

Once the Transfer code (EPP/AUTH) of the domain sent to client, iGlobalWeb is no longer responsible for that domain.

• Your use of this Site and the Services , including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
• You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent

• You will not use this Site or the Services in a manner (as determined by iGlobalweb in its sole and absolute discretion) that:

1. Is illegal, or promotes or encourages illegal activity;
2. Promotes, encourages or engages in child pornography or the exploitation of children;
3. Promotes, encourages or engages in terrorism, violence against people, animals, or property;
4. Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
5. Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
6. Infringes on the intellectual property rights of another User or any other person or entity;
7. Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
8. Interferes with the operation of this Site or the Services found at this Site;
9. Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
10. Contains false or deceptive language, or unsubstantiated or comparative claims, regarding iGlobalweb or iGlobalweb’s Services.

• You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by iGlobalweb.
• You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
• You will not access iGlobalweb Content (as defined below) or User Content through any technology or means other than through this Site itself, or as iGlobalweb may designate.
• You agree to back-up all of your User Content so that you can access and use it when needed. iGlobalweb does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
• You will not re-sell or provide the Services for a commercial purpose, including any of iGlobalweb’s related technologies, without iGlobalweb’s express prior written consent.
• You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
• You are aware that iGlobalweb may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow iGlobalweb, in its sole discretion, to record the entirety of such calls regardless of whether iGlobalweb asks you on any particular call for consent to record such call.  You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which iGlobalweb is a party.
• Indemnification: Customer agrees to defend, indemnify, and hold harmless iGlobalweb and its owners, members, employees, affiliates, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Customer’s breach of this Agreement; (b) Customer’s content or website; (c) Customer’s violation of any law or third-party right; (d) any dispute between Customer and its end users; or (e) Customer’s negligence or willful misconduct.
• Service Modifications. iGlobalweb reserves the right to modify, replace, or discontinue any service or feature at any time with 30 days’ notice (except emergency security changes, which may be immediate). No refunds are due for discontinued features or services.

Any notice required to be given under this Agreement shall be in writing.

These Terms of Service and any dispute arising out of or relating to them shall be governed by and interpreted in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

Before initiating arbitration or any other legal proceeding, the Client agrees to provide iGlobalWeb with written notice of the dispute and allow thirty (30) days for the parties to attempt to resolve the matter through good-faith informal negotiations. If the dispute is not resolved within that period, either party may proceed as permitted under this Agreement.

To the fullest extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the services provided by iGlobalWeb shall be resolved exclusively through final and binding arbitration, rather than in court, except that iGlobalWeb may seek temporary or permanent injunctive relief, pursue unpaid invoices, collect outstanding debts, enforce its intellectual property rights, or seek any other equitable remedy in a court of competent jurisdiction when necessary.

The arbitration shall take place in the State of Florida before a single neutral arbitrator and shall be conducted in the English language. The arbitrator’s decision shall be final and binding on both parties and may be entered as a judgment in any court having jurisdiction.

By agreeing to these Terms, both the Client and iGlobalWeb knowingly and voluntarily waive any right to a trial by jury and agree that all claims shall be brought solely in an individual capacity. Class actions, class arbitrations, representative actions, consolidated proceedings, and collective claims are expressly waived.

The prevailing party in any arbitration or legal proceeding shall be entitled to recover all reasonable attorney’s fees, arbitration costs, expert witness fees, court costs, collection costs, and other expenses incurred in enforcing its rights under these Terms, to the fullest extent permitted by applicable law.

For claims brought by Client against iGlobalweb: Any claim, lawsuit, arbitration demand, or legal proceeding arising out of or relating to this Agreement or any services provided by iGlobalweb must be commenced by Client within ninety (90) days after the event giving rise to the claim, or within ninety (90) days after Client reasonably should have discovered the claim, whichever is earlier. To the fullest extent permitted by law, any claim not brought within this 90-day period shall be permanently barred.

For claims brought by iGlobalweb against Client: iGlobalweb may bring any claim arising out of or relating to this Agreement at any time within the full statute of limitations period provided by Florida law (currently five (5) years for written contracts) or within one (1) year from the date of discovery of the claim, whichever is longer.

The parties acknowledge that this asymmetrical limitation period is intentional and commercially reasonable given the nature of the Services provided.

The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.

Customer may not assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of Company. Company reserves the right to assign subcontractors as needed to this project to ensure on-time completion.

No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

This Agreement constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement.

No provision of this Agreement shall be interpreted against any Party because such Party or its legal representative drafted such provision.

A. Development Fee. The total price for all of the work set forth in the Agreement (excluding post-approval modifications not implemented by Customer) shall be set forth in the Order (the “Development Fee”).  This price covers all work for the Order (excluding post-approval modifications not implemented by Customer).  Unless otherwise stated in the Order, the Development Fee to Company is due and payable upon placing the Order and Company shall have no obligation to perform any work until payment is received and such funds are cleared from the relevant financial institution. Company’s services are “AS-IS, WHERE-IS, WITH ALL FAULTS” and refunds may not be provided for Company’s services hereunder.

B. Project abandonment. If after repeated attempts to begin, continue, or finalize the delivery of services, Customer fails to participate, or becomes otherwise unresponsive to Company requests for a period of two(2) weeks, the project may be considered abandoned, and Company may reduce any refund the Customer may otherwise be entitled to hereunder to zero, and Customer will have forfeited all rights to receive any refund for services purchased online or as described in the original Order Form.

C. Refunds. All sales are final, and payments for services are non-refundable except where required by law or in cases of documented billing error.

D. Late Fees: A late payment fee of up to 10% per month or the maximum amount permitted by law, whichever is lower, will apply to overdue balances.

E. Data & Domain Recovery:  If Customer requests restoration of data from backups after termination, suspension, or accidental deletion, and iGlobalweb elects to perform such restoration in its sole discretion, a recovery fee of $500 per hour (minimum 1 hour) plus any third-party costs shall apply. Domain name recovery (e.g., after expiration or transfer-out reversal) is $250 plus registry costs.

F. Hosting Fees & Subscriptions: Hosting Fees and other service subscriptions automatically renew every selected period of time until it is canceled. To cancel hosting or other services, customer has to send a cancellation notice by email and has to receive a cancellation confirmation from iGlobalweb.

G. Check Payments: Checks returned by your bank will void your payment. If the payment is returned because of non-sufficient funds (NSF), additional fees will be charged at that time up to $50.00 or 5% of the face amount of the check, whichever is greater, as permitted by Florida law (F.S. 68.065).

iGlobalWeb reserves the right to immediately suspend or terminate hosting, website access, email services, databases, backups, DNS services, and all related services for unpaid invoices, chargebacks, fraud investigations, abuse, or violations of this Agreement without prior notice. Following termination or suspension of services, iGlobalWeb may permanently delete websites, databases, emails, backups, and other stored data after thirty (30) days without further notice or liability.

Initiating a payment dispute or chargeback for services already rendered constitutes a material breach of this Agreement. iGlobalWeb reserves the right to suspend all services and pursue collection costs, attorney fees, court costs, and any additional damages permitted by law.

iGlobalWeb does not guarantee search engine rankings, website traffic, leads, sales, conversions, advertising performance, or business growth. Search engine algorithms and third-party platforms change without notice and are outside iGlobalWeb’s control.

Client is responsible for reviewing all website content before launch. Upon approval or publication of the website, Client accepts responsibility for spelling, grammar, images, pricing, legal compliance, and all published content.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, iGlobalWeb LLC, together with its owners, members, managers, officers, directors, shareholders, employees, affiliates, parent companies, subsidiaries, agents, representatives, contractors, subcontractors, licensors, vendors, suppliers, successors, and assigns (collectively, the “Protected Parties”), shall have no liability whatsoever for any claim, loss, liability, expense, damage, or cause of action arising out of or related to this Agreement or any products or services provided by iGlobalWeb except as expressly required by non-waivable law.

The Client expressly acknowledges and agrees that use of iGlobalWeb’s services is entirely at the Client’s own risk and that all services are provided on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis without any warranty, representation, or guarantee of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, compatibility, accuracy, reliability, performance, or uninterrupted operation.

Under no circumstances shall any Protected Party be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, multiple, enhanced, statutory, or treble damages, including but not limited to:

• Loss of profits;

• Loss of business opportunities;

• Loss of anticipated revenue;

• Loss of customers;

• Loss of goodwill;

• Business interruption;

• Loss of contracts;

• Loss of use;

• Loss, corruption, or destruction of data;

• Costs of recovering data;

• Costs of substitute services;

• Loss of search engine rankings;

• Loss of advertising performance;

• Loss of website traffic;

• Loss of sales or conversions;

• Reputational harm;

• Diminution in business value; or

• Any other commercial, economic, or intangible damages,

regardless of whether such damages are foreseeable or unforeseeable and regardless of whether iGlobalWeb has been advised of the possibility of such damages.

Without limitation, iGlobalWeb shall have no responsibility or liability whatsoever for any damages or losses arising from or related to:

• Website downtime or service interruptions;

• Server failures, hosting outages, or infrastructure failures;

• DNS failures or propagation delays;

• Domain registration, renewal, expiration, transfer, suspension, or registry actions;

• Cyberattacks, hacking attempts, malware, ransomware, phishing, viruses, or unauthorized access;

• Security breaches caused by third parties or Client actions;

• Third-party plugins, themes, software, APIs, integrations, payment gateways, cloud providers, registrars, search engines, artificial intelligence services, advertising platforms, or external vendors;

• Search engine algorithm changes or indexing decisions;

• SEO performance, digital marketing performance, advertising campaigns, lead generation, rankings, impressions, clicks, conversions, or sales;

• Acts or omissions of telecommunications providers or Internet service providers;

• Delays caused by Client failure to provide materials or approvals;

• Client modifications to any website or software;

• Force majeure events;

• Human error;

• Hardware failures;

• Software defects;

• Data corruption;

• Backup failures; or

• Any event beyond the reasonable control of iGlobalWeb.

The Client agrees that iGlobalWeb does not guarantee:

• Any search engine ranking;

• Any amount of website traffic;

• Any advertising result;

• Any business growth;

• Any increase in revenue;

• Any cybersecurity outcome;

• Continuous uptime;

• Error-free operation; or

• Compatibility with future browsers, operating systems, third-party software, or technologies.

Liability Cap for Claims Brought by Client

If, notwithstanding the foregoing limitations, iGlobalWeb is determined by a court of competent jurisdiction to have any liability whatsoever in a claim brought by Client against iGlobalWeb or any Protected Party, the maximum aggregate liability of all Protected Parties combined for all such claims, regardless of legal theory or number of occurrences, shall be limited to the lesser of:

(a) the total amount actually paid by the Client to iGlobalWeb for the specific service giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim; or

(b) US $100.00.

Exception – No Cap for Claims Brought by iGlobalWeb

The liability cap set forth in this Section 23 applies only to claims brought by Client against iGlobalWeb or any Protected Party. It does not apply to any claim brought by iGlobalWeb against Client, including but not limited to claims for:

• Unpaid fees;

• Chargebacks;

• Collection costs;

• Attorneys’ fees;

• Court costs;

• Domain transfer fees;

• Late fees;

• Data or domain recovery fees; or

• Any other monetary obligations owed by Client under this Agreement.

For any claim brought by iGlobalWeb against Client, iGlobalWeb may recover the full amount of such obligations without limitation by the $100 or 12-month cap.

The Client expressly waives any right to recover damages exceeding this limitation and agrees that this allocation of risk was specifically negotiated and forms an essential basis of the pricing and provision of iGlobalWeb’s services.

Statute of Limitations for Client Claims

The Client further agrees that any lawsuit, claim, arbitration demand, or legal proceeding arising out of or relating to this Agreement or any services provided by iGlobalWeb must be commenced by Client within one (1) year after the event giving rise to the claim, to the fullest extent permitted by law, after which such claim shall be permanently barred. This one-year limitation does not apply to claims brought by iGlobalWeb against Client.

iGlobalWeb is not responsible for failures, interruptions, security incidents, pricing changes, policy changes, or discontinuation of services provided by third parties including hosting providers, registrars, payment processors, search engines, cloud providers, APIs, plugins, software vendors, or social media platforms.

iGlobalWeb shall not be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, cyberattacks, internet outages, labor disputes, acts of government, wars, pandemics, utility failures, or supplier failures.

Clients are solely responsible for maintaining independent backups of all website files, emails, databases, and content. Any backup maintained by iGlobalWeb is provided as a courtesy only and restoration is not guaranteed.  Although commercially reasonable security measures may be used, iGlobalWeb does not warrant that any website or hosting environment will be free from unauthorized access, hacking attempts, malware, viruses, or security breaches.

iGlobalWeb provides printing services based solely on the artwork, files, specifications, and instructions approved or supplied by the Client.

The Client is solely responsible for reviewing and approving all proofs, designs, spelling, grammar, colors, dimensions, quantities, contact information, pricing, legal notices, and all other content before production begins. Once final approval is given or production has started, no changes, cancellations, or refunds will be available except where required by applicable law.

Due to differences in monitors, printers, materials, inks, lighting conditions, and manufacturing processes, slight variations in color, size, alignment, trimming, folding, finishing, or material appearance are normal and shall not be considered defects.

iGlobalWeb is not responsible for errors contained in Client-supplied files or in proofs approved by the Client, including but not limited to spelling mistakes, grammar errors, incorrect phone numbers, addresses, pricing, QR codes, barcodes, colors, dimensions, logos, images, or other content.

The Client is responsible for ensuring that all submitted materials comply with applicable laws and do not infringe upon any copyright, trademark, patent, privacy right, or other intellectual property right of any third party. The Client agrees to defend, indemnify, and hold harmless iGlobalWeb from any claims, damages, liabilities, costs, or expenses arising from the submitted materials.

Estimated production and delivery times are estimates only and are not guaranteed. iGlobalWeb shall not be liable for delays caused by shipping carriers, manufacturers, suppliers, weather conditions, equipment failures, material shortages, acts of God, or any event beyond its reasonable control.

The Client must inspect all printed products upon delivery and notify iGlobalWeb in writing of any manufacturing defect within five (5) business days of receipt. Failure to provide timely notice shall constitute acceptance of the order.

To the fullest extent permitted by law, iGlobalWeb’s maximum liability for any printing-related claim shall be limited to repairing the defective product, reprinting the affected order, or refunding the amount actually paid for the affected print order, at iGlobalWeb’s sole discretion. Under no circumstances shall iGlobalWeb be liable for any indirect, incidental, consequential, special, punitive, or lost-profit damages arising from any printing service or printed material.

Client approval of a digital proof or final artwork constitutes full acceptance of the design and releases iGlobalWeb from liability for any errors, omissions, or inaccuracies contained in the approved materials.

iGlobalWeb reserves the right to update, modify, or replace these Terms of Service at any time, with or without prior notice, to reflect changes in our business practices, services, or applicable law.

Any updated version will become effective immediately upon being posted on our website unless otherwise stated. By continuing to use our services after the effective date of any changes, the Client agrees to be bound by the revised Terms.

For material changes, iGlobalWeb may, but is not obligated to, provide notice by email or through a notice on its website. It is the Client’s responsibility to review these Terms periodically for updates.