DEFINITIONS 

“Agreement” means the applicable Order Form, Privacy Policy and these Terms, including any additional policies and future modification and all materials referred to in these Terms.

“Confidential Information” means all private, confidential or proprietary information that the disclosing party, end-user or its representative makes available to the other party (Receiving Party) in connection with the Agreement. Confidential Information includes, without limitation, the terms of the Agreement (including any Order Form), technical data, programs, code, trade secrets, marketing strategies, software, documentation, business information as well as information related to the past, present and future plans, ideas, business strategies, customers and suppliers of each party and its affiliates, as the case may be. Information is already known to the Receiving Party before the receipt from the Disclosing Party, or public knowledge is not considered Confidential Information.

“Customer” means the individual or legal entity user that obtains Services from Website24 according to the Agreement.

“Documentation” means works of authorship that we make generally available to you to use with the Services such as instructions for use of the Services.

“Free Services” means any product, service or feature which does not include parts of our Services but which we may choose (in our sole discretion and on a case-by-case basis) to make available to you on your request. Free Services are explicitly excluded from Services.

“Intellectual Property” means all algorithms, application programming interfaces (APIs), concepts, Confidential Information, data, databases and data collections, designs, diagrams, documentation, drawings, flow charts, ideas and inventions (whether or not patentable or reduced to practice), know-how, materials, marketing and development plans, marks (including trademark, service mark, trade name of a party, brand names, product names, logos, and slogans), methods, models, architectures, procedures, processes, protocols, software code (in any form including source code and executable or object code), uniform resource identifiers including uniform resource locators (URLs), user interfaces, web sites, specifications, subroutines, techniques, works of authorship, and other forms of technology.

“Intellectual Property Rights” means all present and future rights of the following types, that may exist or be created under the laws of any jurisdiction in the world: (a) rights associated with works of authorship, including exclusive exploitation rights, copyrights, moral rights, and mask work rights; (b) trademark and trade name rights and similar rights; (c) trade secret rights; (d) patent and industrial property rights; (e) other proprietary rights in Intellectual Property of every kind and nature; and (f) rights in or relating to registrations, renewals, extensions, combinations, divisions, and reissues of, and applications for, any of the rights referred to in clauses (a) through (e) above.

“Order” or “Order Form” means the online ordering document submitted by you to us which includes your information and your contact information, purchased products and services, Subscription Period and fees paid or payable.

“Privacy Policy” means the document which sets out details of our collection and use of your personal information for the provision to you of our Services. The Privacy Policy forms part of the Agreement to which you agree to be bound.

“Services” means the products and services that are available to be ordered by you under an Order Form and specifically excludes any Free Services.

“Subscription Period” refers to the period for which a Customer has signed up for support or maintenance of a certain Service.

“Your Data” means electronic data and information, including logos, pictures, slogans, art and other materials provided to us in connection with providing the Services or uploaded/added by you directly into/at the Service and, where applicable, personal data, submitted to us by you or on your behalf.

“User” means any individual or a legal entity accepting these Terms or who is authorized by you to use the Services. Users may include you, your employees, consultants, or contractors. 

SERVICES AND OUR RESPONSIBILITY

1) Provision of Services. Subject to the Agreement (including any applicable Order Form), we will do the following: (a) deliver to you within the agreed time the purchased Services in accordance with details provided in the Wizard including any inbound and outbound support, where applicable (b) use commercially reasonable efforts to ensure that hosting services are available 24 hours a day, 7 days a week except for (i) scheduled or emergency maintenance; (ii) force majeure events, including natural calamities, act of government, flood, fire, earthquake, war, terrorism, service provider failure, or denial of service attacks; or (iii) your acts or omissions.

2) Modification. We shall not make any material changes to our Services without receiving proven intimation from the end-user. The user is eligible to make any visual changes to their website solely till the point of submission. If there are any changes to be made after the submission of details on the wizard, the user can opt for website maintenance services.

3) Free Services. Upon your request, we may at our sole discretion make Free Services available to you. Free Services are made available to you “as is”, at your sole risk and without any warranty whatsoever from us.

YOUR USE OF SERVICES

1) Acceptable Use. You will comply with these Terms, which set out the terms and conditions of your access to and use of our website and our Services, as well as our Privacy Policy which may be found at this link https://www.website24.biz/privacy-policy

2) Your Responsibility. you may be to blame for the following: (a) User’s compliance with the Agreement (including all applicable third party end-user agreements), Documentation and Order Form(s); (b) for the accuracy, quality and legality of Your Data and your use of Your Data with our Services; and (c) using commercially reasonable efforts to stop unauthorized access to and use of Services and notifying us promptly of any unauthorized access. Any user ID and password you’ll have for the Services are confidential and you want to maintain its confidentiality.

You are specifically restricted from all of the following: (a) accessing and/or using our website or any of our Services in any way that’s or is also damaging to our website or our ability to supply the Services; (b) using our website in any way that impacts user access to our website or Services; (c) using our website or Services contrary to the Agreement or any applicable laws and regulations, or in any way which can cause harm to our website, or to somebody or business entity; (d) engaging in any data processing, data harvesting, data extracting or the other similar activity about the Services;

3) Loss of data. In the event of loss of any data or records where such loss is due to the intentional act or omission or negligence by Website24, or any of its subcontractors or agents, Website24 shall be responsible for recreating such lost data in the manner and on the schedule set by the user. We shall ensure that all data is backed up and recoverable by us. However, Website24 is solely responsible for the data that is uploaded on the wizard and will not be liable for the data that is in any manner shared outside the onboarding wizard

4) Invoicing and Payment. All amounts invoiced are due and payable immediately unless otherwise provided in the Order Form. You are responsible for providing complete and accurate billing and contact information to us and for notifying us of any changes to such information.

5) Payment Method. You will pay all fees via credit card, Stripe or by such other payment type specified in the applicable Order Form. If you are making payments via credit card, you authorize us to use a third party to process payments and consent to the disclosure of your payment information to such a third party.

6) Overdue Charges; Late or Non-Payment. If you do not pay the invoice by the due date, then without limiting our rights or remedies under the Agreement (a) those overdue charges may accrue interest at a rate of 2% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, (b) we may suspend or terminate the current Subscription Period and the provisioning of all aspects of the Services, and/or (c) we may alter your payment terms on future purchases.

• Payment Dispute. You will notify us immediately if there is any issue with your invoice. We will not suspend the Services while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.
• Fee Increase. Our Fees for Services may be increased at any time upon thirty (30) days prior notice (via email) to you.
• Taxes. You are responsible for paying all taxes, levies or similar governmental assessments including, for example, sales, value-added or withholding taxes, associated with your purchases hereunder. Our fees do not include taxes, which we will charge as applicable and you will pay that amount.

Website24 reserves the following rights:

1) To suspend or terminate the account of anyone who violates this Agreement;

2) To change or alter the Site, the form and nature of the Site or any Services provided through the Site, including requiring payment for some or all uses of the Site, at any time;

3) To review, modify, filter, disable, delete and remove any content and information from the Site;

4) To update and download automatically any software provided on or through the Site;

5) To cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that We disclose information or content or information that You provide, or if We decide that such disclosure is in Our or its customer’s best interests;

6) To display advertising and promotions, which may be targeted to certain users or sections of the Site based upon queries made or preferences indicated, and may not be identified as paid advertisements or promotions.