Terms of Service

Before using any of the Utimize services, you are required to read, understand and agree to these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF UTIMIZE SERVICES. BY USING THE SERVICES OF UTIMIZE YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT UTIMIZE’S ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

User Eligibility

You represent and warrant that you are the person legally responsible for all use of this account, and are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to participate, and the account must be opened and maintained by a parent or legal guardian, in their name. You agree to Provide Utimize with your full legal name, postal address, telephone number and an email address that is not hosted through Utimize for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that your supply to Utimize, and you understand and agree that Utimize has an obligation to fully investigate any possible fraudulent credit card use.

Unlawful prohibited Use

As a condition of your use of Utimize services, you warrant Utimize that you will not use Utimize services for any unlawful purpose.

You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of Utimize services.

Terms of Payment

You agree to pay Utimize appropriate payment for the services received from Utimize in advance of the time period during which such services are provided. You agree to provide Utimize with current billing and contact information and you authorise Utimize to bill all accounts and related charges to the credit card on file. You further understand that until and unless you notify Utimize of your desire to cancel any or all services received, and you complete the cancellation process, those services will be billed on a recurring basis. In order for the account to be cancelled, it must be paid in full at the time of cancellation. You agree that prepayments will be billed and charged automatically, and that Utimize may apply the amount due to the provided card at any time.

Monitoring of Service

You agree that Utimize has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law or to protect itself or its subscribers. Utimize reserves the right to remove or to refuse to post any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable or in violation of this agreement. Utimize reserves the right to monitor any and all communications through or with its facilities. You agree that Utimize is not considered a “secure communications medium” for the purposes of the ECPA, and that no expectation of privacy is afforded.

Pricing Change Policy

Utimize reserves the right to change prices at any time with a 30-day notice before the new price goes into effect.

Termination

Utimize may terminate this agreement and your access to any or all Utimize-related services at any time, effective immediately, and without any refund of any kind, including but not limited to refunds for pre-paid services. Utimize shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Any outstanding amount due on the account will still be payable.

You may terminate this Agreement at any time by contacting the support department at Utimize. No refund shall be issued.

All plans automatically renew every period, unless cancellation is requested at least 30 days before renewal time.

Relationship of the Parties

Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

Disclaimer of Warranties/Limitation of Liability

Utimize services are provided on an “as is”, “as available” basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Utimize expressly disclaims any representation or warranty that the Utimize service will be error-free, timely, secure or uninterrupted. No oral advice or written information given by Utimize, its employees, licensors, or agents will create warranty; nor may you rely on any such information or advice.

Under no circumstances, including negligence, will Utimize or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Utimize service, including but not limited to reliance on any information obtained via the Utimize service; or that results from mistakes, omissions, interruptions, deletion of files or email, loss or damage to data, errors, defects, viruses, delays in operation, or transmission or failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Utimize records, programs or services. You hereby acknowledge that provision will apply whether or not Utimize is given notice of the possibility of such damages and that provision will apply to all services available from Utimize.

Under no circumstances, under the terms of this agreement, shall damages include loss of business, or loss of profits whether based on breach of contract, breach of warranty, tort, product liability or otherwise.

The terms of this section shall survive the termination of this agreement for whatever reason.

Scope Agreement

Support must be requested through our client area. Support will be dedicated only to the registered domain name, not including subdomains or additional domains, during business hours, from 9:00 am to 9:00pm following USA Eastern Time, Friday to Friday.

Support will address only simple things, in the following ways: (a) it does not take more than 1 hour of work to be resolved; (b) does not involve the elaboration of any content or material; (c) is not related to third party design or software. Each request is subject to a maximum of 1 hour of work. The effort required for development is exclusively determined by Utimize management. For work outside of the scope of the Utimize 1 hour work agreement, Utimize management may provide alternative solutions to the client including referral to the Utimize partner network.

Utimize does monitor support tickets 24/7, but provides no guarantee either expressed or implied on the timeframe of when a support request can or will be resolved. Client requests are subject to approval by Utimize management or by its assigned agent. We guarantee the tasks will be finished in 24 hours from the moment it is submitted through the client area.

Allowed requests will fall within the following scope:

  1. Simple element styling with CSS; (fixing broken pages or making your website content look better)
  2. Small amount of content/image population; (adding a blog post, updating your business hours, adding a phone number)
  3. Creation of basic structures such as buttons, menus, etc;
  4. Consulting (questions related to WordPress issues);
  5. Plugin installation;
  6. Troubleshooting of broken themes/plugins;
  7. Troubleshooting of UI (HTML & CSS); (fixing display issues)
  8. WordPress speed up;

Denied requests usually fall within the following:

  1. Website design/redesign;
  2. Custom plugin/theme development;
  3. SEO and marketing in general;
  4. Hosting;
  5. PSD to WordPress;
  6. Custom web development in general;
  7. Content creation;
Utimize will handle one support request at a time for each website managed. The client will be eligible to open a new ticket only if the previous one is closed.
 

Force Majeure

If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of Utimize, Utimize is unable to perform in whole or in part its obligations as set forth in this Agreement, then Utimize shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make Utimize liable to the User.

Governing Law

United States law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction’s laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred, subject to the Limitation of liability clause.

Serviceability

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Survivability

The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely – warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

Indemnification

You agree to defend, indemnify and hold harmless Utimize against any and all claims, losses, penalties, causes of action, damages, liabilities, costs, expenses (including but not limited to reasonable attorneys’ fees) or claims caused by or resulting indirectly from your use of the Utimize service, without limitation or exception, including your violation of any third-party’s rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secret, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with.

Remedy

You agree that your sole and exclusive remedy to any issues relating to the Utimize services is to discontinue using the Service.

Assignment

In the event of a merger or consolidation of Utimize, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

Entire Agreement

Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supersedes any prior Agreements between the parties with respect thereto.

Waiver

The failure of Utimize to enforce a provision of this Agreement shall not be construed as a waiver or limitation of Utimize’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

Modification of Terms

Utimize reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the Utimize Website. You are responsible for regularly reviewing these documents. Continued use of the Utimize Services after any such changes shall constitute your consent to such changes. Utimize does not and will not assume any obligation to notify you of any changes to these Terms.

 

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