Terms of Service Agreement
Last Revised: Jan 19, 2019
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This WEB SITE DEVELOPMENT & MARKETING AGREEMENT (“Agreement”) is an agreement between iGlobalweb (“Company”) and the party set forth in the related order form (“Customer” or “you”) incorporated herein by this reference (together with any subsequent order forms submitted by Customer, the “Order”) and applies to the purchase of all services ordered by Customer on the Order (collectively, the “Services”).
The parties understand, acknowledge and agree that this is an online agreement which is being entered into in conjunction with the Order.
BY SIGNING UP FOR THE SERVICES/PLACING AN ORDER CREATES A CONTRACT BETWEEN CUSTOMER AND COMPANY, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS AGREEMENT AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING COMPANY’S USAGE POLICIES. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
The terms “we”, “us” or “our” shall refer to iGlobalweb. The terms “you”, “your”, “User” , “Client” or “Customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. Purpose and Authorization
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.
2. Website Content
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.
3. Web Hosting
The Client understands that iGlobalweb web services/website designs are only available on iGlobalWeb private hosting servers. Website codes/programs are not SOLD, they are not open source and owned by iGlobalweb.
iGlobalweb guarantees 99.9% uptime of the private hosting servers.
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.
4. Website Maintenance
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 does not warrant that the functions contained in the website will be uninterrupted or error‐free. In NO event will iGlobalWeb be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforce-ability of any remaining provisions. This agreement shall remain in force until canceled by either party in writing.
6. Copyrights and Trademarks
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.
7. Copyright to WebPages
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.
8. Domain Transfer Out to Another Company
Upon domain transfer out request, client will be billed annual hosting fee plus transfer fee of $250. 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.
9. You acknowledge and agree that;
- 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:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- 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;
- Infringes on the intellectual property rights of another User or any other person or entity;
- 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;
- Interferes with the operation of this Site or the Services found at this Site;
- 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
- 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.
Any notice required to be given under this Agreement shall be in writing.
11. Jurisdiction & Disputes
This Agreement shall be governed in accordance with the laws of the State of Florida. All disputes under this Agreement shall be resolved by litigation in the courts of the State of Florida including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
12. Agreement Binding on Successors
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.
17. No Inference against author
No provision of this Agreement shall be interpreted against any Party because such Party or its legal representative drafted such provision.
18. Fees, Refunds, Payments & Cancellation
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 products and services are non-refundable.
D. Late Fees: Invoice payment late fee rate is 10% /month.
E. Data & Domain Recovery: Data and Domain Name Recovery cost is $500.
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).
19. Overdue Payments & Suspended Accounts
Your account will be suspended, and all the services will be disabled after 14 days overdue payment of an invoice. To activate the account, you are subject to pay the balance with all fees and interest described in section 18.