Terms of Service – Snowmass Web Experts

INTRODUCTION

This agreement is between SNOWMASS WEB EXPERTS and the person purchasing any of SNOWMASS WEB EXPERTS’ services
(the “Client”). In this agreement, “Services” means logo design, business
cards, website design, hosting and maintenance offered by SNOWMASS WEB EXPERTS.

Please read this carefully.

Upon signing the offer for the purchase of SNOWMASS WEB EXPERTS services, a contract is formed between SNOWMASS WEB EXPERTS and the customer. The client accepts this agreement’s conditions. By using the services, the client accepts this agreement.

1. SERVICES OFFERED

SNOWMASS WEB EXPERTS shall design and create a website for the Client in accordance with the Offer, which will be referred to as the “Website.” If the Client requests it, the Website will be deployed on the SNOWMASS WEB EXPERTS hosting server.

SNOWMASS WEB EXPERTS will provide maintenance and support for the Client’s Website for a period of 12 months, beginning on the day the Client’s Website is installed on SNOWMASS WEB EXPERTS’ hosting server.

The Client acknowledges that upgrades to functionality and interaction are not included in the Maintenance and Support Services and will be invoiced separately if requested.

If the Client agrees, SNOWMASS WEB EXPERTS will be responsible for hosting and other web-based services, which will be supplied in line with the terms and conditions of this Agreement.

The Client acknowledges that SNOWMASS WEB EXPERTS will have the right to access the Website for the duration that it is placed on SNOWMASS WEB EXPERTS’ server’s hosting space in order to execute any operations necessary for the Website’s seamless, reliable, and secure functioning.

If approved, SNOWMASS WEB EXPERTS shall be responsible for delivering internet marketing services to the Client utilizing Search Engine Optimization in line with the terms and conditions of this Agreement. SNOWMASS WEB EXPERTS will employ certain keywords and/or phrases to boost the Website’s search engine ranking, brand visibility, and general web presences, as well as position the Website’s contents.

Furthermore, SNOWMASS WEB EXPERTS affirms that it will comply with all applicable rules and regulations at all times, and that it will work with the Client in good faith to ensure that the Client’s duties under Data Protection Laws are met. SNOWMASS WEB EXPERTS will provide all information necessary to establish compliance with this paragraph and Data Protection Laws available to the Client.

2. CLIENT RESPONSIBILITIES

Client acknowledges that by purchasing a package, Client is specifying the Services he wants from SNOWMASS WEB EXPERTS.

Client must completely cooperate with SNOWMASS WEB EXPERTS in the supply of the Services.

Client must supply SNOWMASS WEB EXPERTS with any requested information, material, or equipment reasonably necessary for the performance of the Services within weeks of the Offer being signed. As a result of any delays in the Client’s duties under this Agreement, SNOWMASS WEB EXPERTS will be unable to meet the project deadlines.

If the Client fails to supply requested information, material, or equipment, SNOWMASS WEB EXPERTS may cancel the Agreement by giving the Client one week’s written notice. In the event of termination, the Client is accountable to SNOWMASS WEB EXPERTS for damages, consequential and indirect losses, and lost profits, whether or not anticipated at the time of signing the Agreement.

This means that any changes or reconsiderations requested by the Client to the Website’s operational or graphic designs may create delays in the project timelines for which SNOWMASS WEB EXPERTS is not responsible.

SNOWMASS WEB EXPERTS will always have priority on new client website assignments unless the customer assigns a specific work to an external colleague. SNOWMASS WEB EXPERTS is not responsible for any difficulties arising from this assignment and cannot guarantee the website’s speed, functionality, or performance.

3. PAYMENT

As per SNOWMASS WEB EXPERTS’ price page (https://smwebexperts.com/pages/pricing/), the client agrees to pay the prescribed package charge on a monthly or annual basis.

Client understands and accepts that further functionality and interaction additions are not included in the Maintenance and Support Services and will be charged at the hourly rate of + applicable VAT.

The Client acknowledges that if SNOWMASS WEB EXPERTS provides SEO marketing services to the Client, the Client must pay SM WEB the agreed-upon monthly fee on the agreed-upon date. SNOWMASS WEB EXPERTS reserves the right to terminate the service of SEO Marketing to the Client if the Client does not pay the agreed sum in accordance with this clause.

4. RENEWAL OF THE SUPPORT AND MAINTENANCE SERVICE

It is understood and agreed that SNOWMASS WEB EXPERTS will automatically renew the Maintenance and Support Services on a monthly/yearly basis, unless the Client notifies SNOWMASS WEB EXPERTS in writing of their decision to discontinue the Maintenance and Support Services one month prior to the expiration date.

For failure to renew subscription, SNOWMASS WEB EXPERTS reserves the right to withhold, stop or disable all Services offered.

5. TERMINATION

This Agreement will terminate if:

If the Client has broken any provision of this Agreement, SNOWMASS WEB EXPERTS will send a written notification to the Client.
We may immediately terminate this Agreement and cancel all or part of the Services and/or any services supplied to Client if Client is in arrears with any payments due to SNOWMASS WEB EXPERTS.
Any use of the Website or its material by the Client for fraudulent, illegal or forbidden purposes may result in instant termination of this Agreement without prior notice from SNOWMASS WEB EXPERTS.
If Client goes into voluntary or involuntary liquidation.
This Agreement and/or the Services offered herein may be suspended or terminated without responsibility if SNOWMASS WEB EXPERTS believes that they are in disagreement with any judicial, legislative, or regulatory judgment, regulation, or order.
In any other method specified in the pact.

In the event of termination of the Agreement, the Client is still liable for any funds owed to SNOWMASS WEB EXPERTS, as well as any losses, direct or indirect, incurred by SNOWMASS WEB EXPERTS as a result of the termination.

All elements in the Agreement that relate to SNOWMASS WEB EXPERTS suing the Client for damages shall survive any termination or cancellation of this Agreement.

6. CLIENT’S REPRESENTATIONS AND WARRANTIES

Client represents and warrants to SNOWMASS WEB EXPERTS, and agrees that during the provision of the Services by SNOWMASS WEB EXPERTS, Client will ensure that: Client will comply with all terms and conditions of the software, hardware, and/or other programs used by SNOWMASS WEB EXPERTS for the provision of the Services.

Client shall abide by all relevant laws, rules, and regulations, and will only use the Website for legal reasons.

Client owns or has obtained all required licenses, consents, rights, waivers, and releases for the use of the Website material and each element contained within.

Client’s use, publication, and display of Website content will not infringe on any copyright, patent, trademark, trade secret, or other proprietary or intellectual property right of any person, nor will it constitute a defamation, invasion of privacy, or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory, or common law right, or any “moral right” or similar right, however denominated.

Client has made every effort to guarantee that the content of the Client’s Website is and will be free of any computer viruses, worms, Trojan horses, and other harmful programming at all times.

7. PROHIBITED USES

The Client may not use the Services for any fraudulent, unlawful, illegal, or prohibited conduct, tortious or actionable activity, disruptive, contentious, or abusive behavior, or any other activity prohibited by any Laws or this Agreement.

The Client will not upload or keep any content on the Website, and will not connect the Website to any material that violates local or international laws, this Agreement, or any of its amendments.

If SNOWMASS WEB EXPERTS becomes aware of the Client’s violation of the terms of this section, they may immediately delete the offending content from the Client’s Website, cease hosting of the Client’s Website, and/or alert the authorities. If Client’s right to use the content in question is satisfactorily proven, SNOWMASS WEB EXPERTS may restore hosting in its sole discretion.

8. LIMITATION OF LIABILITY

SNOWMASS WEB EXPERTS disclaims any and all liability to Client or any other third party for any direct, indirect, secondary, or consequential damages, as well as any loss of profits or other similar damages, resulting from technical problems and disturbances on the Internet that are beyond their control, such as communications failure, server downtime, bugs, software updates, theft, destruction, or unauthorized access to SNOWMASS WEB EXPERTS’ records, programs, equipment, or services.

It is expressly stated and agreed that SNOWMASS WEB EXPERTS’ liability to Client in connection with this Agreement, whether in tort, contract, or otherwise, and whether caused by failure of delivery, non-performance, defects, breach of warranty, or any other cause, will not exceed the aggregate service fee already paid by the Client to SNOWMASS WEB EXPERTS for the Services provided.

SNOWMASS WEB EXPERTS will only be liable in cases of intentional infliction of such loss or if they are found to be grossly negligent in relation to any indirect, special, incidental, consequential, or similar damages, as well as any loss of profit or revenues, loss of use or loss of data, or similar economic loss. In this scenario, SNOWMASS WEB EXPERTS will only be liable for expected harm up to the whole service charge previously paid by the Client to SNOWMASS WEB EXPERTS for the Services delivered. To be clear, this limitation of responsibility does not extend to any liability arising from SNOWMASS WEB EXPERTS failure to comply with any of its duties under the GDPR or other comparable laws.

The Client accepts and understands that SNOWMASS WEB EXPERTS takes no liability for the following throughout the time that SNOWMASS WEB EXPERTS delivers SEO Marketing to the Client:

Because SNOWMASS WEB EXPERTS has no control over the search engines’ standards about which sites and material are appropriate, the Website may be removed from any search engine at any moment.

For concerns relating to Google penalties or algorithm changes that affect rankings, traffic, or indexing.

Without first consulting with SNOWMASS WEB EXPERTS, the Client may choose to link to or get a link from any website.

The Client or any other third party shall not be liable for any unauthorized access to, or corruption, erasure, theft, destruction, modification, or unintended disclosure of data, information, or material sent, received, or stored in SNOWMASS WEB EXPERTS’ system.

This limitation of responsibility reflects the parties’ informed and voluntary sharing of risks (known and unknown) associated with this Agreement. If this Agreement is terminated, the conditions of this section will remain in effect.

9. INDEMNIFICATION

Client agrees to indemnify and hold SNOWMASS WEB EXPERTS harmless, and shall be liable to SNOWMASS WEB EXPERTS for any direct or indirect damages, including but not limited to financial loss and property damage, resulting from any claims, suits, actions, demands, proceedings, and expenses (including but not limited to lawyer’s fees) threatened, asserted, or filed by a third party against SNOWMASS WEB EXPERTS arising out of the Client’s use of the Services that breaches this Agreement or is for unliability.

Regardless of the above, the Client undertakes to indemnify and hold SNOWMASS WEB EXPERTS harmless from any and all third-party claims originating from the Client’s illegal online material stored on the Website.

Any termination or cancellation of this Agreement will not affect the terms of this section.

10. DISCLAIMER OF WARRANTY

The Client acknowledges that neither SNOWMASS WEB EXPERTS nor any of their respective employees, officers, directors, shareholders, agents, representatives, attorneys, suppliers, or merchants make any express or implied warranties or representations for the Services they provide, including but not limited to warranties or representations of merchantability, fitness for a particular purpose, or non-infringement. Furthermore, no guarantees or assurances are provided that the Services will not be interrupted or error-free, or that the Services will produce the desired outcomes, or that the Services will be accurate, reliable, or content. SNOWMASS WEB EXPERTS’ oral or written advice or information does not constitute a guarantee, and the Client should not rely on such information or advice.

SNOWMASS WEB EXPERTS shall not be accountable for the content of any data communicated to or from the Client or maintained by the Client or any of the Client’s clients via the Services supplied by SNOWMASS WEB EXPERTS, and explicitly disclaims such liability.

SNOWMASS WEB EXPERTS does not guarantee uninterrupted service, service at any certain time, or the integrity of data, information, or material saved or transferred over the Internet.

If this Agreement is terminated, the conditions of this section will continue to apply.

11. PROPERTY RIGHTS

The Client acknowledges that he or she will be responsible for all copyright protection measures required for the designs generated by SNOWMASS WEB EXPERTS specifically for the Client.

SNOWMASS WEB EXPERTS will not transmit any SNOWMASS WEB EXPERTS technology to Client, despite the conditions of this section. SNOWMASS WEB EXPERTS shall retain all rights, titles, and interests in and to any SNOWMASS WEB EXPERTS technology. Client must not reverse engineer, decompile, disassemble, or otherwise seek to obtain source code or other trade secrets from SNOWMASS WEB EXPERTS, either directly or indirectly.

SNOWMASS WEB EXPERTS owns all right, title, and interest in and to the Services, as well as SNOWMASS WEB EXPERTS’ trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how, and other intellectual property rights relating to the Services’ design, function, marketing, promotion, sale, and provision.

12. PRIVACY POLICY

The Client agrees that SNOWMASS WEB EXPERTS will secure the Client’s personal information with adequate procedural, technological, and physical measures. Without the Client’s approval, SNOWMASS WEB EXPERTS will not release the Client’s personal information to any third party outside of SNOWMASS WEB EXPERTS and its owned subsidiaries and affiliates.

The Client acknowledges that SNOWMASS WEB EXPERTS cannot fully guarantee this data privacy since there are several things on the Internet that are beyond SNOWMASS WEB EXPERTS’ reasonable control.

SNOWMASS WEB EXPERTS retains the right to reveal any information required to comply with any relevant law, regulation, legal process, court order, or governmental request at any time.

13. ENTIRE AGREEMENT

Both SNOWMASS WEB EXPERTS and the Client agree that this Agreement, together with the documents incorporated herein by reference, supersedes all prior discussions, negotiations, and agreements between them, and that this Agreement is their sole and final agreement with respect to the matters covered and the subject matter hereby. Unless agreed in writing by any authorized representative of Client and SNOWMASS WEB EXPERTS, no new terms or conditions pertaining to the subject matter of this Agreement will be effective.

It is expressly understood that SNOWMASS WEB EXPERTS may modify this Agreement at any time in its sole discretion, and that such change will take effect when it is posted on SNOWMASS WEB EXPERTS’ website or on any future date specified in any mandatory notice supplied by SNOWMASS WEB EXPERTS in connection with it.

14. ASSIGNMENT

Without SNOWMASS WEB EXPERTS’ prior written agreement, the Client undertakes not to assign or transfer his rights or duties arising from this Agreement and/or this Agreement and/or the Offer to any other party. If Client tries to complete such an assignment, it will be null and invalid and have no impact. Without the Client’s prior approval, SNOWMASS WEB EXPERTS may assign its rights to any agent or subcontractor in order to fulfill its responsibilities under this Agreement.

15. FORCE MAJEURE

Acts of God, fire, flood, accidents, labor disputes, acts of war or terrorism, supply shortages or third party failure to perform duties which are relevant to the performance of either party obligations under this Agreement are excluded from the parties’ liability.

16. WAIVER

Each party agrees that failure or delay in exercising any right or remedy under this Agreement does not constitute a waiver of that right or remedy.

17. SEVERANCE

Each party agrees that if any clause of this contract is declared void or unenforceable owing to illegality, invalidity, or unenforceability, the rest of the contract shall remain valid and enforceable.

18. GOVERNING LAW – JURISDICTION

This Agreement shall be governed by and interpreted in accordance with the laws of the _______________. No other court shall have jurisdiction over any action arising from the execution of this Agreement

19. NOTICES

The Client acknowledges that any notices from SNOWMASS WEB EXPERTS are deemed delivered if they are sent to the Client’s most recent address.

20. GENERAL REFUND POLICY

If the project hasn’t started, the initial deliverables haven’t been accepted, or any of SNOWMASS WEB EXPERTS’ resources and/or people have been used, you’ll get a full refund. After receiving the upfront payment date, the Full Refund policy will begin, and the money will be refunded within 30 days.

In the event that the customer fails to reply within the deadlines or fails to provide the agreed-upon deliverables at any point of the project, a partial refund will be issued. According to SNOWMASS WEB EXPERTS’ estimates, the partial reimbursement will be proportional to the work that has not been done up until that moment.

There will be no refunds: If the agreed-upon project deliverables have been finished OR the agreed-upon services have already been given, SNOWMASS WEB EXPERTS is not required to issue any refund.

CONTACT US

If you have questions or comments about this Terms and Conditions, please contact us at:

Snowmass Web Experts

11 Pine Ridge Rd.

Basalt, CO 81621

Email: info@smwebexperts.com
Tel: 508 560 8654