Universal Terms of Service Agreement
Last Revised: 20 January 2020
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Kings Crown Solutions LLP, a private limited company for its ownership and website brand americanwebtech.com (“American Webtech”) and you, and is made effective as of the date of your use of the website (“Site”) or for any services purchased from us on phone or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through our company (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
Whether you are simply browsing or using this Site or purchase Services, your use of this site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference:
The terms “we”, “us” or “our” shall refer to American Webtech. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
American Webtech may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, American Webtech may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your email information current, if you wish to update your email ID in our systems, write to us at [email protected] American Webtech assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, American Webtech may terminate your use of Services for any violation or breach of any of the terms of this Agreement by You.
- ELIGIBILITY; AUTHORITY
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are
- at least eighteen (18) years of age,
- otherwise recognized as being able to form legally binding contracts under applicable law, or
iii. are not a person barred from purchasing or receiving the Services found under the laws of the India or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, American Webtech finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. American Webtech shall not be liable for any loss or damage resulting from American Webtech reliance on any instruction, notice, document or communication reasonably believed by American Webtech to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, American Webtech reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
- AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis which are an exemption to 90% uptime guarantee. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
From time to time, American Webtech may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions:
- You acknowledge and agree that the Beta Services are pre-release versions and may not work properly;
- You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures;
iii. The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments;
- American Webtech reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time;
- Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases;
- American Webtech may limit availability of customer service support time dedicated to support of the Beta Services;
vii. You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by American Webtech;
viii. You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to American Webtech;
- The Beta Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, American Webtech disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
In addition to our many free services, as described here, American Webtech offers paid support services:
Hosting: up to 24 hours with support assist for setting up your hosting account following the getting started guide. This service is available for cPanel, Plesk, and Managed WordPress.
Website Development Services: The timeline required for development of the website may vary for different projects depending upon the scope of work and other attributes, aspects which might be discussed over email / written communication. Please note that these services are customised services and the company or brand American Webtech cannot be claimed for refund or reimbursement for such services under any circumstances. Moreover, if the client is not satisfied with the project, the client can ask for corrections/alterations/modifications in the design which shall be limited to the scope of project. Also, the non-refund policy is applicable for not satisfied customers and no refund or reimbursement can be claimed for the same. If the customer has purchased the Website Development Services independently or along with the package, then the customer has to make a 100% advance payment in case of such services being purchased and partial payment for the same shall be acceptable under any certain circumstances to start the said project for Website Development. The advance shall be considered as token amount for the same and development would start on local servers and only screenshot for the same will be provided. After acceptance and successful 100% payment of the Website Development Services will the company or Brand representatives transfer the website on the Hosting of the client or the Hosting purchased by the client in the package or independently from American Webtech. The customer cannot claim advance amount or full amount in case of being not satisfied under any circumstances against the work provided by American Webtech.
SEO (Search Engine Optimization) Services: If the customer has purchased the SEO independently or along with the package, then the customer has to make a 100% advance payment in case of such services being purchased and partial payment for the same shall not be acceptable under any circumstances to start the said project for SEO. The advance shall be considered as token amount for the same and development would start only after 100% payment is received. The customer cannot claim advance amount or full amount in case of being not satisfied against the work provided by American Webtech.
Social Media Optimization Services: The customer will be provided Social Media Optimization Services as per his requirement and packages available on our website. If the customer has purchased the SMO independently or along with the package, then the customer has to make a 100% advance payment; in case of such services being purchased, then partial payment for the same shall not be acceptable under any circumstances to start the said project for SEO. The advance shall be considered as token amount for the same and development would start only after 100% payment is received. The customer cannot claim the advance amount or full amount in case of being not satisfied against the work provided by American Webtech.
Other Services: Other exceptional or 3rd party services being purchased from American Webtech are as per the T&C which may or may not be available during the purchase of the product. The payment made for the same shall be non-refundable under any circumstances for the same.
You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with American Webtech. You acknowledge and agree that the Services may be provided by independent contractors or third party service providers.
All paid services are non-refundable under any circumstances. In case of project being cancelled in case of change of plans, mind, mind-set, circumstantial requirements, not interested, not satisfied, the customer has to make the full payment for the services purchased. In case no full payment is received for such services, the company reserves the right to claim those payments by means of communication, legal actions, etc for recovery of such payments.
American Webtech RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.
- GENERAL RULES OF CONDUCT
You acknowledge and agree that:
Your use of this Site or any Services purchased from American Webtech, 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 any of the Services purchased from American Webtech in a manner (as determined by American Webtech 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;
iii. 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;
vii. 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;
viii. 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 American Webtech or American Webtech Services.
- You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by American Webtech.
xii. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
xiii. You will not access American Webtech Content (as defined below) or User Content through any technology or means other than through this Site itself, or as American Webtech may designate.
xiv. You agree to back-up all of your User Content so that you can access and use it when needed. American Webtech 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 American Webtech related technologies, without American Webtech 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 American Webtech may from time-to-time call you about your purchase, 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 American Webtech, in its sole discretion, to record the entirety of such calls regardless of whether American Webtech 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 American Webtech is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of American Webtech that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from American Webtech. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of American Webtech that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from American Webtech. Message and data rates may apply.
- YOUR USE OF American Webtech CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this Section apply specifically to your use of American Webtech Content and User Content posted to American Webtech corporate websites (i.e., those sites which American Webtech directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
User Content. Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). User Submissions include, but are not limited to, forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity. User Content includes all content submitted through your Account. By posting or publishing User Content to this Site or to the Services, you represent and warrant to American Webtech that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any American Webtech Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the American Webtech Content or the User Content therein.
- PRODUCT CREDITS
American Webtech or any of its site do not provide Product Credits and is not in business of Wallet Money or Credit Funds in the individual user accounts. Further, American Webtech, shall update from time to time in case of any such product or service being available from time to time and shall update in this Service Agreement.
- MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
American Webtech generally does not pre-screen User Content (whether posted to a website hosted by American Webtech or posted to this Site). However, American Webtech reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. American Webtech may remove any item of User Content (whether posted to a website hosted by American Webtech or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by American Webtech in its sole and absolute discretion), at any time and without prior notice. American Webtech may also terminate a User’s access to this Site or the Services found at this Site if American Webtech has reason to believe the User is a repeat offender. If American Webtech terminates your access to this Site or the Services found at this Site, American Webtech may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
- ADDITIONAL RESERVATION OF RIGHTS
American Webtech expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by American Webtech in its sole and absolute discretion), including but not limited to the following:
- to correct mistakes made by American Webtech in offering or delivering any Services (including any domain name registration),
- to protect the integrity and stability of, and correct mistakes made by, any domain name registry,
iii. to assist with our fraud and abuse detection and prevention efforts,
- to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations,
- to comply with requests of law enforcement, including subpoena requests,
- to comply with any dispute resolution process,
vii. to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit,
viii. to avoid any civil or criminal liability on the part of American Webtech, its officers, directors, employees and agents, as well as American Webtech’s affiliates, including, but not limited to, instances where you have sued or threatened to sue American Webtech, or
- to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website.
American Webtech expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
American Webtech expressly reserves the right to terminate, without notice to you, any and all Services where, in American Webtech sole discretion, you are harassing or threatening American Webtech and/or any of American Webtech employees.
- NO SPAM; LIQUIDATED DAMAGES
No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint centre to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
- Email Messages
- Newsgroup postings
iii. Windows system messages
- Pop-up messages (aka “adware” or “spyware” messages)
- Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
- Online chat room advertisements
vii. Guestbook or Website Forum postings
viii. Facsimile Solicitations
- Text/SMS Messages
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
If we determine the account, products, or services in question are being used in association with spam, we may re-direct, suspend, or cancel any account, web site hosting, domain registration, email boxes, or other applicable products or services. In such event, at our election, we may require you to respond by email to us stating that you will cease to send spam and/or have spam sent on your behalf and to require a non-refundable reactivation fee to be paid before the site, email boxes, and/or services are reactivated.
We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through our Spam Abuse Complaint Center on the Web. Web: report abuse.
Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.
- LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by American Webtech. American Webtech assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, American Webtech does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release American Webtech from any and all liability arising from your use of any third-party website. Accordingly, American Webtech encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
- DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. American Webtech, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. American Webtech, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND American Webtech ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY American Webtech, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL American Webtech, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT American Webtech IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
You agree to protect, defend, indemnify and hold harmless American Webtech and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by American Webtech directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
- DISCONTINUED SERVICES; END OF LIFE POLICY
American Webtech reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although American Webtech makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, that product or service will no longer be supported by American Webtech, in any way, effective on the EOL date.
Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, American Webtech will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by American Webtech in its sole and absolute discretion. American Webtech may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
No Liability. American Webtech will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
- FEES AND PAYMENTS
The pricing/cost of Products and Services being sold on/by American Webtech are subject to change from time to time depending upon various market scenario, offers, schemes, nature, etc. and thus, please make sure to check the price of the product/services been purchased from American Webtech.
Please note that if any payment is made by you is a mistake same shall not be reimbursed under any circumstances whatsoever.
Any payment(s) made to American Webtech is/are non-refundable, please make sure to read all documents carefully before making payment to American Webtech.
Also note, that in case of non-delivery of product or services, you can write to us at [email protected] and we will be more than happy to resolve your concern and issue.
(A) GENERAL TERMS
You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. All prices and fees are non-refundable even if your Services are suspended, terminated, or transferred prior to the end of the Services term. American Webtech expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
In addition, you acknowledge and agree that the location for the processing of your payments may change based on the type of Payment Method chosen, any changes or updates made to your Payment Method, or based on the currency selected for the Payment Method.
Other than as required by applicable law, American Webtech or any third party payment gateway used by American Webtech does not retain hard copy or electronic versions of mandate, standing order or standing instruction forms and/or any signed consents relating to your usage of our automatic renewal services, and we are therefore unable to provide any such document upon request. You may view or change your automatic renewal settings at any time by logging into your American Webtech account.
If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month.
Also, where in American Webtech estimation, it believes you owe it money for any reason, American Webtech reserves the right to offset any payments into your Account until American Webtech is made whole.
If for any reason American Webtech is unable to charge your Payment Method for the full amount owed for the Services provided, or if American Webtech receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that American Webtech may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. American Webtech also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks American Webtech may perform outside the normal scope of its Services, (ii) additional time and/or costs American Webtech may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by American Webtech in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by American Webtech staff or by outside firms retained by American Webtech; (iii) recouping any and all costs and fees, including the cost of Services, incurred by American Webtech as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with American Webtech.
In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and American Webtech makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax (“VAT”), Goods and Services Tax (“GST”), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.
(B) OTHER PROVISIONS
Entire Agreement. This Agreement, together with all Exhibits, Specifications, and other attachments, which are incorporated herein by reference, is the sole and entire agreement between the parties relating to the subject matter hereof. This Agreement supersedes all prior understandings, agreements, and documentation relating to such subject matter. No provisions in either party’s purchase orders, or in any other business forms employed by either party, will supersede the terms and conditions of this Agreement, and no supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both parties in this Agreement. In the event of a conflict between the provisions of the main body of the Agreement and any attached Exhibits, Specifications, or other materials, this Agreement shall take precedence.
- Modifications to Agreement. Modifications and amendments to this Agreement, including any Exhibits or Specifications attached hereto, shall be enforceable by American Webtech to the client and American Webtech reserves right modify any changes to these agreement at any point of time without prior notice.
- Waiver. No term or provision of this Agreement shall be deemed waived and no breach excused to the client. However, American Webtech reserves rights hereunder to modify these waiver for some client(s) construed to be a waiver of any succeeding breach thereof.
iii. No Duty to Investigate. Neither party shall have an affirmative duty to investigate any fact relevant to any representation or warranty made by the other party to this Agreement.
- Force Majeure. Neither party shall be liable for delay or failure in the performance of its obligations hereunder if such delay or failure arises from the occurrence of events beyond the reasonable control of such party, which events could not have been prevented by the exercise of due care and could not have been foreseen at the time of entering into this Agreement, such as fire, explosion, flood, storm, labor strikes, acts of God, war, embargo, riot, or the intervention of any governmental authority; provided that the party suffering the delay or failure immediately notifies the other party of the reason for the delay or failure and acts diligently to remedy the cause of such delay or failure. However, American Webtech for being in good reputation & goodwill of the client shall provide best services to remedy such failures limited to financial obligation. American Webtech at any point of time reserves its rights as per the policies in this document to rework and modify this point at any point of time and deny it completely
- No Partnership. Nothing contained herein will be construed as creating any partnership, joint venture, or other form of joint enterprise between you and American Webtech.
- Independent Contractor. The parties acknowledge that American Webtech will perform its obligations hereunder as an independent contractor. The manner and method of performing such obligations will be under Developer’s sole control and discretion. Site Owner’s sole interest is in the result of such services. It is also expressly understood that Developer’s employees and agents, if any, are not Site Owner’s employees or agents, and have no authority over site owners website. However, American Webtech reserves its right to discontinue its services for you in case of financial default/unable to make payment for any services which is purchased by American Webtech. In the event Site Owner is found liable for Social Security, withholding, insurance, or other taxes due on account of Developer’s employees or agents, Site Owner shall have the right to recover an equivalent amount from Developer.
vii. Notices. Any notice required or permitted under this Agreement shall be in writing and shall be delivered personally against receipt; or by registered or certified mail, return receipt requested, postage prepaid; or sent by FedEx / IndiaPost or other recognized overnight courier service; and addressed to the party to be notified at its address set forth below or to such other address of which the parties may have given notice in accordance with this paragraph
(C) REFUND POLICY
There are no products or services available on our website that support refund policy as of 30th November 2017, in-case of such products or services being available on our website, same shall be updated in this section.
If the customer has purchased the any Services independently or along with the package, then the customer has to make a 100% advance payment in case of such services being purchased and partial payment for the same shall be acceptable under any certain circumstances to start the said project for Certain Services as Mentioned Earlier in this document. The advance shall be considered as token amount for the same and development would start on local servers and only screenshot for the same will be provided. After acceptance and successful 100% payment of the Website Development Services will the company or Brand representatives transfer the website on the Hosting of the client or the Hosting purchased by the client in the package or independently from American Webtech. The customer cannot claim advance amount or full amount in case of being not satisfied under any circumstances against the work provided by American Webtech.
(C) PAY BY INSTAMOJO
By using American Webtech’s pay using instamojo payment option (“Instamojo”), you can purchase Services using Instamojo. In connection therewith, you agree to allow Instamojo to debit the full amount of your purchase from credit card(s), bank account(s), or other allowed payment method(s) linked to your Instamojo Account
For more information please view terms and conditions of Instamojo on https://www.instamojo.com/terms/
Also note that our terms and conditions may vary from other 3rd Party Payment Gateways from time to time and in-case of such occurrences, you agree to abide by the Terms and Conditions mentioned in our Agreement and follow the same.
- SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
- NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
- FOR INDIA RESIDENTS ONLY
You expressly agree that: (i) American Webtech (or its service provider) may contact you by phone for sale or in order to resolve your complaint or dispute, or your current service or billing issue; and (ii) in order to make such a sale or resolve such complaint, dispute or issue, American Webtech may use and may disclose to its service provider the following information: call recordings, customer name, phone number(s) and contact preferences, tenure of your relationship with American Webtech, products used, and information about the nature of your complaint, dispute, or service issue.
- COMPLIANCE WITH LOCAL LAWS
American Webtech makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
- DISPUTES, BINDING INDIVIDUAL ARBITRATION AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.
(A) Disputes. The terms of this Section shall apply to all Disputes between you and American Webtech, except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and American Webtech arising under or relating to any American Webtech Services or Products, American Webtech’s websites, these Terms, or any other transaction involving you and American Webtech, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND American Webtech AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR American Webtech FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
(B) Binding Arbitration. You and American Webtech further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
(C) Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
(D) Dispute Notice. In the event of a Dispute, you or American Webtech must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to American Webtech must be addressed to: Kings Crown Solutions LLP. F101, ColorScape Mall, Deendayal Upadhyay Marg, Mulund West. Mumbai 400080. Maharashtra, Attn.: Legal Department (the “American Webtech Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If American Webtech and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or American Webtech may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
(E) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND American Webtech AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. NEITHER YOU NOR American Webtech WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OF PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
- APPLICABLE LAW
This Agreement will be governed by India copyright and intellectual property laws and the laws of the India without regard to any conflict of law principles. Both parties consent and submit in advance to the jurisdiction High Court of Mumbai and any Mumbai District Court located therein.
- TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
- ENGLISH LANGUAGE CONTROLS
This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.
- CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
Attn: American Webtech
Kings Crown Solutions LLP.
G-149/150, Dreams Mall, LBS Marg,
Bhandup West. Mumbai Maharashtra 400078
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