TERMS & CONDITIONS
By using the Alexpro-fit Website services, you agree to be bound by the following terms and conditions. Alexpro-fit Website reserves the right to change the Terms and Conditions at any time without notice, and your continued use of Alexpro-fit Website constitutes your consent to such changes.
DESCRIPTION OF SERVICES.
My Alexpro-fit will provide an ongoing set of online services including website design, copy and editorial development, search engine optimization and website updates as described on the signup page for each specific service.
2. LIMITATIONS OF SCOPE
Alexpro-fit Website will not be responsible for work that is beyond the scope of services set forth in the subscription plan in effect at the time Client initiates the service. Any changes to the scope of services will not be effective unless approved by both parties.
3. MANAGEMENT RESPONSIBILITY
My Alexpro-fit Website will provide certain tools, methods and resources to Client that are intended to help Client grow and build its business. However, Client is fully and exclusively responsible for its own business performance and Client satisfaction. In addition, Client has full and exclusive responsibility for understanding and ensuring compliance with any regulatory, legal or contractual obligations related to Client’s business, including without limitation, data held by Client and its Clients, information provided by Client to Clients and/or other third parties and any safeguarding and security measures that may be required. Alexpro-fit Website may participate in implementing needed systems services and functions, but Client is solely responsible for the final outcomes, actions taken and results produced.
All content produced by Alexpro-fit Website within the scope of Services including software and web code, contents, graphics and design, or material developed or licensed by Alexpro-fit Website for Client as part of the Services is copyrighted by Alexpro-fit Website and remains the exclusive property of Alexpro-fit Website until handed over to Client. Upon termination of this Agreement copyrights paid for by Client shall belong to Client. After full payment if Client chooses to cancel this agreement per the conditions in Section 6 below all Alexpro-fit Website copyrighted content, EXCEPT software, web code, themes, plug-ins and other files or code used to create the Client website can be used indefinitely by Client for their company website, newsletter and other marketing collateral. This use will be restricted to the Client company use only and Client does not have any rights to resell, license or otherwise allow 3rd parties use of the content.
In the event Alexpro-fit Website ceases business operations and providing the services described in this agreement all Alexpro-fit Website copyrighted content, EXCEPT software, web code, themes, plug-ins and other files or code used to create the Client website can be used indefinitely by Client for their company website, newsletter and other marketing collateral. This use will be restricted to the Client company use only and Client does not have any rights to resell, license or otherwise allow 3rd parties use of the content.
Customer hereby acknowledges and agrees that Alexpro-fit Website shall have the right to use the name of Client, including the Client Web Site, for reference as a customer of Alexpro-fit Website services for referral and marketing purposes.
Except for reasons of non-performance by either party, this Agreement shall remain in effect until formally terminated in writing by either party. Alexpro-fit Website will start subscription billing to Client beginning the date (“Renewal Date”) client agrees to these terms of services and it shall automatically renew for subsequent one (1) month periods until it is formally terminated in writing or email. Termination of this Agreement requires written or email notice delivered thirty (30) days prior to the desired date of termination. Failure to provide notice or a repeated failure to make payment by date due during any period gives Alexpro-fit Website the option for immediate termination. Upon the expiration or termination of this Agreement for non-payment or non-performance by client, (i) all licenses granted by Alexpro-fit Website to Client hereunder shall automatically terminate and Client shall immediately cease its use of the licensed content and other provided marketing collateral, and (ii) Client’s right to the Services afforded to Alexpro-fit Website’s Clients shall automatically terminate.
7. PAYMENT FOR SERVICES
Set up fees for website design are paid in full prior to work commencing. Should the client wish to cancel a project at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly. Subscription fees for the designer platform, hosting, security and support are paid in arrears, every month on the date the services are provided.
Client will pay monthly fees to Alexpro-fit Website for a subscription to Services as described in Alexpro-fit Website plan in effect at the time of this agreement and for the license to use the Alexpro-fit Website web services, software and licensed content in conjunction with these services. Payment will be made by automatic credit card or Paypal transactions. Invoices will include monthly subscription fees and any additional fees for elective or other additional Services that have been purchased by the Client. Invoices will be issued and automatic transactions processed on the Renewal Date as described in Section 6 above.
Alexpro-fit Website shall provide its services and meet its obligations under this Agreement in a timely and professional manner, using knowledge and skills consistent with generally acceptable standards in Alexpro-fit Website’s industry, and will provide a standard of care based on commercially reasonable efforts. The services and all products provided as part of the services are provided “as is” and Alexpro-fit Website disclaims, and client waives, any warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty or representation related to the services. Alexpro-fit Website does not warrant that the software or any products or services provided hereunder will be uninterrupted or error-free. Under no circumstances, including negligence, shall the Company be liable for any direct, incidental, special or consequential damages or otherwise, including any damages that result from the use of or inability to use the Website. The Company shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
9. LIMITATIONS OF LIABILITY.
Except to the extent finally determined to have resulted from the gross negligence or intentional misconduct of Alexpro-fit Website, Alexpro-fit Website’s liability to pay damages for any losses incurred by client as a result of breach of contract, negligence or other tort committed by Alexpro-fit Website, regardless of the theory of liability asserted, is limited to no more than the total amount of the most recent three (3) months of base fees paid under this agreement. In any case, Alexpro-fit Website and its licensors will not be liable for lost profits or any consequential, indirect, punitive, exemplary or special damages. In addition, Alexpro-fit Website shall have no liability to client arising from or relating to any third party hardware, software, information or materials. Alexpro-fit Website is also not liable for direct or indirect damages created by viruses, hackers or other malicious or accidental destruction of systems or data, though Alexpro-fit Website will attempt to prevent or minimize exposure to such risks.
Subject to the provisions hereof, Client shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Alexpro-fit Website and its licensors arising from products or services related to this Agreement. Conversely, Alexpro-fit Website shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Client arising from the gross negligence or intentional misconduct of Alexpro-fit Website