By using Maintenance Services of Website4MD, you agree following terms and conditions ("Terms of Service").
Website4MD reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below may result in the termination of your maintenance agreement with Website4MD You agree to use the Service at your own risk.
- You must be thirteen years old or older to use the Service.
- You must be a human. Automated uses of the Service are prohibited.
- Minimum of three months' commitment is required.
- Prices quoted are per website.
- The hours mentioned for the tasks are indicative and do not represent the actual turnaround time. Hours would be logged in as per actual activity.
- You must have the legal right to make decisions on behalf of your company, corporation, or business concerning any of their websites and other IT resources.
- You are responsible for maintaining the security of your Account-mainly protecting your user name and password.
- You are responsible for all Content posted and activity that occurs under your Account. You are responsible for any changes made to your website by others acting on your behalf, if any.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Every time an update is completed, you will be notified of the time spent on updates and of remaining-balance hours.
- If an update exceeds the hours of your maintenance package, you will be billed at our regular hourly rate for the excess time.
- If you send us an update and we see that it will exceed your package time, we will try our best to notify you before the update begins.
- Any remaining time/hours will not be carried over or forwarded to the next quarter.
- All hosting, domain name and email setup, and support are billed separately from any payment plans.
- Through your use of the Service, Website4MD has the right to place a link to Website4MD's Web assets on your site. This typically means that we'll put a link written as "Powered by Website4MD" on the footer of your site, near your copyright statement.
Payment, Refunds, and Account Type Terms
- A valid credit or debit card is required to use the Service.
- You will be billed quarterly for the Service. The Service is a subscription.
- Refunds will be given during the first thirty days of the Basic Maintenance, Standard Maintenance, and Platinum Maintenance subscription plans unless you have chosen a service contract to receive these services at discounted rates.
- If you have purchased any portion of the Service that includes a twelve-month service contract, you will continue to be billed for the remainder of your contract, regardless of whether or not you use the Service or have requested a cancellation.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Cancellation and Termination of the Service
Website4MD has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other Website4MD service, for any reason at any time.
If you no longer wish to go ahead with our services, we would require an email message prior to your next quarterly billing cycle.
Changes to the Service and Prices
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all services, including but not limited to monthly subscription plan fees to the Service, are subject to change, upon thirty days' notice from us. Such notice may be provided at any time by posting the changes on our website and/or sending an email message to you. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Right to Refuse Service
Website4MD reserves the right to refuse to do business with you. We have the right to terminate your services and give you any applicable refunds, at any time and for any reason. This may occur if we determine that your website or product or IT resources or IT needs require an extraordinary amount of effort on our part. We will try to negotiate a more suitable compensation arrangement before we terminate our relationship and services.
Nonpayment for hourly or project-based work
In the event that you agree to have Website4MD perform project or hourly-based work on your site, and then fail to pay for completed work within a reasonable amount of time, we reserve the right to disable, alter, or otherwise disrupt your site until payment is rendered in full.
- Your use of the Service is at your sole risk. The Service is provided on an as-is and as-available basis.
- We occasionally make mistakes. The Service is not automated, but performed by human technicians.
- You understand that we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Website4MD customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- Website4MD does not warrant that (a) the Service will meet your specific requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Service will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (e) any errors in the Service will be corrected.
- You expressly understand and agree that Website4MD shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; (e) or any other matter relating to the Service.
- The failure of Website4MD to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Website4MD and govern your use of the Service, superseding any prior agreements between you and Website4MD (including, but not limited to, any prior versions of the Terms of Service).
- You agree to settle any legal disputes with Website4MD through binding arbitration and/or mediation at an appropriate location to be agreed upon by you and Website4MD.