Terms of Service - DigiDevs LLC
Please read these Terms of Service (“Agreement”) carefully before using any of our services. By engaging with DigiDevs LLC, you agree to abide by the following terms and conditions outlined below.
1. Services Provided:
DigiDevs LLC provides web design and development, managed cloud hosting and maintenance, and SEO services to clients. The specific details of the services provided will be discussed and agreed upon between DigiDevs LLC and the client.
2. Payment Policy:
2.1 Fees:
– All fees for the services provided by DigiDevs LLC will be outlined in the project proposal or agreement and are due as per the agreed-upon payment schedule.
– The client agrees to pay the fees promptly as specified. Failure to make timely payments may result in delays or suspension of services until the outstanding amount is settled.
2.2 Refund Policy:
– DigiDevs LLC maintains a Zero Refund policy for its services, except in cases where it fails to provide the agreed-upon service to the client. DigiDevs LLC will consider refund requests under the following circumstance:
a) Failure to Provide Service: If DigiDevs LLC fails to deliver the agreed-upon service, a refund may be issued upon request. The client must provide detailed evidence of the failure to receive the service.
– To request a refund, the client must submit a written refund request, including all relevant details and supporting evidence, to DigiDevs LLC within a reasonable timeframe.
– DigiDevs LLC will review the refund request and notify the client of the decision within a reasonable period.
– If the refund request is approved, DigiDevs LLC will process the refund within a reasonable timeframe using the same payment method used for the initial transaction.
– DigiDevs LLC reserves the right to deny refund requests that do not meet the specified criteria outlined in this refund policy.
– Refunds will not be provided for any fees or expenses incurred by the client outside the scope of DigiDevs LLC’s services.
2.3 Price Updates:
– DigiDevs LLC may modify the pricing for its services at any time. The client will be notified of any changes in pricing prior to their implementation.
– If the client does not agree with the new pricing, they have the right to terminate their services with DigiDevs LLC before the changes take effect.
3. Payment Decline & Billing Issues:
3.1 Insufficient Funds & Card Issues:
– If DigiDevs LLC is unable to bill your credit or debit card for any reason, including but not limited to insufficient funds, out-of-date credit cards, expired credit cards, and cards that have been lost, stolen, or otherwise compromised, it is your responsibility to update your billing information or add a new payment method to your account promptly.
– Failure to correct or update your billing information within a 7-day grace period will result in a suspension of all your services with DigiDevs LLC, including hosting if provided.
– DigiDevs LLC is not responsible for any bank fees, overdraft charges, or penalties imposed by your financial institution due to payment processing issues.
3.2 Chargebacks:
– Chargebacks (withdrawal, cancellation, or refund initiated through the card’s account or bank) are expressly prohibited. Disputes or billing issues should be brought to the attention of DigiDevs LLC directly.
– If a chargeback is initiated, you will be responsible for repaying any funds that have been removed. Failure to repay the chargeback within 30 days may result in the termination of services and forwarding of outstanding balances to a collection agency.
3.3 Stop Payment:
– “Stop payments” initiated through the card’s account or bank are expressly prohibited and may result in the termination of your account and all services provided by DigiDevs LLC.
3.4 Account Termination:
– DigiDevs LLC reserves the right to terminate your account and services at its sole discretion due to fraud, consistent billing issues, criminal activity, or any other violation of these terms and conditions.
4. Intellectual Property:
– The client retains ownership of any intellectual property provided to DigiDevs LLC for the purpose of the project.
– Upon full payment of the fees, the client will be granted a non-exclusive license to use the deliverables created by DigiDevs LLC for the agreed-upon project.
5. Confidentiality:
– DigiDevs LLC and the client agree to keep any confidential information shared during the course of the project confidential and not disclose it to any third parties without prior written consent.
6. Limitation of Liability:
– DigiDevs LLC will make every effort to provide high-quality services. However, DigiDevs LLC shall not be held liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use our services.
7. Taxes:
– The client takes full responsibility for all taxes and fees associated with the services provided by DigiDevs LLC, including any applicable sales tax.
8. Termination:
8.1 Services may be terminated by DigiDevs LLC, without cause, at any time within our discretion if there is a violation of these terms.
8.2 Services may be terminated by you, without cause, by notifying DigiDevs LLC and following the cancellation procedures set forth in the agreement.
8.3 DigiDevs LLC may terminate services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement.
8.4 Notice of termination of services by DigiDevs LLC may be sent to the contact email associated with your account. Upon termination, DigiDevs LLC has the right to delete all data, files, or other information associated with your account.
9. Governing Law:
– These Terms of Service shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions.
10. Managed WordPress Hosting and Maintenance Service:
10.1 Scope of Service:
– DigiDevs LLC offers managed WordPress hosting and maintenance services to clients. This includes hosting your WordPress website on our servers, monitoring server performance, and providing technical support for the hosting environment.
10.2 Website Management:
– DigiDevs LLC will perform regular backups of your WordPress website and maintain the hosting environment to ensure optimal performance and security.
– We will apply necessary updates to the WordPress core, plugins, and themes to keep your website up to date. However, the client is responsible for ensuring the compatibility of custom themes and plugins with the latest updates.
– DigiDevs LLC will take necessary measures to protect your website against security threats, including implementing security plugins, firewall configurations, and regular malware scans.
10.3 Support:
– DigiDevs LLC will provide technical support related to the managed WordPress hosting environment, including server-related issues, hosting configurations, and troubleshooting.
– Support related to specific website content, design, or functionality is not included in the managed WordPress hosting service
unless otherwise agreed upon in a separate service agreement.
10.4 Service Level Agreement (SLA):
– DigiDevs LLC will make reasonable efforts to ensure high availability and reliable performance of the managed WordPress hosting service. However, no guarantee is made regarding uninterrupted service, and occasional downtime may occur for maintenance or unforeseen circumstances.
11. Modifications to Terms of Service and Agreement:
– DigiDevs LLC reserves the right to modify or amend these Terms of Service and the agreement with the client at any time, without prior notice. Any modifications or amendments will be effective immediately upon posting the updated version on our website or notifying the client via email.
– It is the responsibility of the client to review the Terms of Service periodically to stay informed of any changes. Continued use of DigiDevs LLC’s services after the modifications have been made constitutes acceptance of the revised Terms of Service and agreement.
12. Use of Third-Party Services:
12.1 Third-Party Services:
– DigiDevs LLC may utilize third-party services, servers, applications, or tools to deliver its services effectively. These may include, but are not limited to, hosting providers, domain registrars, payment processors, analytics services, and content delivery networks.
12.2 Client Agreement:
– By engaging with DigiDevs LLC and utilizing its services, the client acknowledges and agrees to comply with the terms, conditions, and policies of any third-party service providers used by DigiDevs LLC.
– The client understands that their use of third-party services is subject to the terms and conditions set forth by those providers and that DigiDevs LLC is not responsible for any actions, limitations, or consequences resulting from the use of such services.
12.3 Limitations of Liability:
– DigiDevs LLC shall not be held liable for any issues, damages, losses, or disputes arising from the use of third-party services, servers, applications, or tools, including but not limited to service interruptions, data breaches, or performance issues. The client agrees to address any concerns or disputes regarding third-party services directly with the respective service providers.
13. Prohibited Content and Liability:
13.1 Illegal Products or Services:
– DigiDevs LLC strictly prohibits the hosting, maintenance, or provision of any content, products, or services that are illegal, including but not limited to those that involve infringement of intellectual property rights, illegal activities, or violation of applicable laws and regulations.
– DigiDevs LLC reserves the right to refuse or discontinue services if any illegal content, products, or services are found to be associated with the client’s account.
13.2 Compliance and Liability:
– The client acknowledges and agrees that they are solely responsible for the content, products, or services they provide or promote using DigiDevs LLC’s services.
– The client agrees to comply with all applicable laws, regulations, and legal requirements regarding their content, products, or services.
– DigiDevs LLC shall not be held liable for any illegal actions, infringement of intellectual property rights, or violations committed by the client. The client shall be solely responsible for any legal consequences arising from their actions.
13.3 Removal of Illegal Content:
– In the event that illegal content, materials, or copyrighted material is identified on the client’s account, DigiDevs LLC reserves the right to remove or delete such content without prior notice.
– DigiDevs LLC will cooperate with law enforcement agencies and comply with any legal obligations to assist in the investigation or resolution of any illegal activities associated with the client’s account.
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ACKNOWLEDGMENT:
BY ACCESSING AND USING THIS WEBSITE OR OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND FULLY UNDERSTAND THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT, AND YOU AGREE TO BE LEGALLY BOUND BY THEM.