Terms and Conditions
Version: 1.0 - October 1, 2019
PLEASE READ THE FOLLOWING AGREEMENT (TERMS & CONDITIONS) CAREFULLY. By subscribing to these services, the Client hereby agrees and adheres to the terms and conditions and be bound by THE TERMS AND CONDITIONS. You further agree and accept that Anointed Design assumes no responsibility for the nature or content of anything contained on the Web site, chatbot, app, or any other service provided and disclaims all liability in respect of such nature or content. The use of this site is strictly subject to the Terms and Conditions.
If the Client does not agree to these terms, please do not subscribe to the Anointed Design services.
1. THE SERVICES
The company offers an online platform for digital marketing campaigns that include a website building tool to create mobile websites, hosting services, e-commerce, and e-commerce solutions, chatbots, Facebook apps, and all the other services to which each client has access to ("The Services"). For using or subscribing to these Services, the user/client has to enter into a legal agreement with Anointed Design.
The Client has to be a legal entity or a natural person or an organizational unit without legal personality, with the capacity to acquire rights and incur obligations. The User must be eighteen or over or represented by someone eighteen or over to subscribe to the Services. Subscription in the Services is void where prohibited. By using the Site, the Client represents and warrant that the Client has the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. ACCEPTANCE OF TERMS
The Services are provided by Anointed Design, which provides its services to the USER, subject to the following Terms and Conditions.
4. DESCRIPTION OF SERVICES
Anointed Design will provide the Client with the Services ordered during the signup process. The Anointed Design strives for 99.9% uptime, so that Customers can create & edit their digital marketing campaigns anytime. However, the service may be unavailable for short periods due to maintenance and upgrading. While the Services are unavailable, Customers will not be able to use it to create or edit their sites and campaigns. To access certain services, the Client may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the Services. If Anointed Design believes that the details are not correct, current, or complete, or otherwise in its discretion believes such action would be appropriate (including where it suspects the registration of multiple accounts/user profiles by the same individual), it has the right to refuse user's access to the site, and/or any of its resources, Services and Site content, and to terminate or suspend user's account (if any). The client is responsible for maintaining the confidentiality of their account password and is responsible for all activities that occur under their account. The client agrees to immediately notify Anointed Design of any unauthorized use of his password or account or any other breach of security. The Anointed Design cannot and will not be liable for any loss or damage arising from the client's failure to provide it with accurate information or to keep the password secure.
5. SUBSCRIPTION, PRICING, AND PAYMENT
At the time of initial registration, the Client will select one of the available plans to which the Client wishes to subscribe. All subscriptions to Services are subject to acceptance by the Company. The Client subscription to the Services will be deemed accepted by Anointed Design when Anointed Design delivers a confirmation of the subscription to the Client. Anointed Design reserves the right to refuse to provide any Service for any reason. The pricing for all Services ("Fees") shall be Anointed Design' then-current pricing for such Services. After Anointed Design acceptance of the Client subscription to the Services, Anointed Design will electronically deliver to the Client a schedule of the Fees. The payments will be made to Anointed Design through Paypal or online credit card or following any other methods set forth by Anointed Design. In the event of a chargeback by a credit card company (or similar action by another payment provider) or other non-payment by the Client in connection with the Client payment of the applicable service or subscription fee, the Client acknowledge and agree that the Service for which such fee has not been paid may be suspended, canceled or terminated, in Anointed Design's sole discretion. All fees are non-refundable, in whole or in part, even if the Client service is suspended, canceled or transferred prior to the end of the then-current service term. Anyhow the client is not obligated to pay any fees during the trial or free period as and when it is made available to the clients by Anointed Design. The agreement prohibits the Client from using the website once the Client unsubscribes from the service.
6. RIGHTS TO THE WEB SITE AND CONTENT
The Client understands and agrees that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. The Anointed Design reserves the right but shall have no obligation, to pre-screen, refuse or move any Content available via the Services. The Client agrees that the Client is responsible for the Client's own conduct and any Content that the Client creates, transmit, or display while using the Services and for any consequences thereof. The Client agrees to use the Services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines or law in force and not use any pirated content. The Client agrees that the Client will not engage in any activity that interferes with or disrupts the Services or servers or networks connected to the Services. Anointed Design claims no ownership or control over any Content submitted, posted or displayed by the Client on or through the Services and shall not be liable for the same. The client or a third party licensor, as appropriate, retain all patent, trademark, and copyright to any Content the Client submit, post or display on or through the Services and the Client are responsible for protecting those rights, as appropriate.
7. THE CLIENT FURTHER AGREES THAT:
- He shall not upload, post, publish, distribute, disseminate or otherwise transmit any content that amounts to abuse, threat or defamation or harassment or involvement in a conduct that may directly or indirectly violate the rights of others, or otherwise unlawful, harmful or invasive of the privacy of others.
- He shall not upload, post, publish, distribute, disseminate or otherwise transmit anything that contains harmful, hateful, unlawful, defamatory, abusive or obscene, pornographic, profane, sexist, homophobic, defamatory, deceptive, vulgar, obscene or offensive content - ethnic, racist or religious slurs or derogatory epithets - advocation of violence, hate or unlawful activity - depictions of child abuse, child pornography or sexually suggestive poses, terror, racial, ethnical or political derogatory or otherwise objectionable material or content or information
- He shall not upload, post, publish, distribute or otherwise transmit any content that the Client does not have a right to transmit under any law or under contractual or fiduciary relationships.
- He shall not upload, post, publish or otherwise transmit or submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right.
- He shall not upload, post or otherwise transmit any content that offers any pirated computer programs or links to such programs.
- He shall not use the website in any manner or form that could possibly damage, impair or interfere with or disrupt Anointed Design or servers or networks connected to Anointed Design including transmitting any material that contains viruses or other computer programming routines that are intended to damage, detrimentally interfere or intercept with any system, data or personal information, or attempting to gain unauthorised access to the Company, other's accounts on the Company through any means;
- He shall not upload, post or otherwise transmit computer programs, files or other materials that contain destructive or disruptive features such as viruses, corrupted files, 'hidden' files or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or online communication generally.
- He shall not use the website in any manner or form with the purpose of or motive to sell, distribute or promote firearms, weapons or controlled substances, make-money-fast schemes, pyramid or chain letters, fraudulent or otherwise criminal offers - to register another email address other than the Client own - to distort auctions or other markets (including public quoted securities markets) - to threaten or harass others or to disrupt discussions or impersonate any person or entity or create or falsify the identity of any person or otherwise misrepresent the Client association or affiliations with a person or entity, for the purpose of misleading others.
- He shall not solicit in any form any information or personal information from anyone under the age of eighteen (18) years for commercial, unlawful or any illegal purposes or harm minors in any manner
- He shall not intentionally or unintentionally violate any applicable local, state, national or international law, or regulation, legislations relating to Intellectual property rights, or those governing export control, unfair competition, discrimination or false advertising or any amendments or replacements of such laws or regulations.
- He shall not engage in commercial activities that are deemed inappropriate by the Company. As such, the Company has the right to remove or bar content/links/sponsorships/affiliate programs etc. that they feel fall into this category.
8. NO RESPONSIBILITY
In addition, Anointed Designy in no way endorses or takes responsibility for any goods, services, etc that are posted within sites. Any transactions, therefore, are strictly outside the remit of Anointed Design. The Client agrees and acknowledges that the company takes no liability in respect of any content uploaded, posted, published, or otherwise transmitted by the users.
You acknowledge that Anointed Design does not pre-screen Content, but that it has the right (but not the obligation) in its sole discretion to refuse or move any content that is available via Anointed Design. Without limiting the foregoing, Anointed Design shall have the right to remove any content that violates the TERMS & CONDITIONS or which is otherwise in its opinion, objectionable.
The Internet is a complex world-wide network consisting of tens of thousands of connecting points and networks and possibilities for outages both in and beyond our control can occur. Anointed Design will not be held liable for network outages nor damages resulting from network outages.
11. LAW ENFORCEMENT COOPERATION
11. Anointed Design retains the right (but is under no obligation) to co-operate with any law enforcement authorities or in response to court and other official requests directing it to disclose the identity of any user or user content.
12. LIMITED LICENSE TO THE BACKGROUND TECHNOLOGY
"Background Technology" means computer programming & formatting code or operating instructions developed by or for the Services and used to maintain the platform. Background Technology does not include any Client Content or any derivatives, improvements, or modifications of Client Content. The client may not duplicate or distribute any Background Technology to any third party without the prior written consent of the Company. All rights to the Background Technology not expressly granted to Client hereunder are retained by the Company.
Anointed Design agrees to provide reasonable technical support to the Client during Anointed Design's normal technical support hours. Anointed Design additionally agrees to provide Client service support in the form of an online help desk or e-mail during the anointed Design normal Client support hours.
14. RESOURCE USAGE
Anointed Design agrees to make every commercially reasonable effort to provide resources necessary to build and host as many digital marketing tools on its servers, providing CPU time, bandwidth and disk space that fits this requirement. However, in order to prevent uncontrolled growth in resource usage that could harm the availability of the service itself, Anointed Design does place automated safeguards to protect against anyone's tool growing too quickly and adversely impacting the whole system until Anointed Design can evaluate said tools resource needs. Moreover, Anointed Design reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other sites or the whole system itself.
15. TERM AND TERMINATION
(a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b)Anointed Design may terminate this Agreement after seven (7) days' notice to Client if Client materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such seven (7) day period; and (c) upon the termination of this Agreement, Client will pay Anointed Design for all Services provided to Client by Anointed Design prior to termination
16. NO RESALE OF SERVICE
The Client agrees not to transmit, distribute, disseminate, upload, post, submit, share, store, reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services without the written permission of the service providers.
17. PROPRIETARY TOOL LIMITATIONS
The Services are offered through the proprietary tool and processes. The client agrees to work within the limitations of the proprietary tools used and the decision of the Company is final in any issue that might arise due to this.
18. DISCLAIMER AND WARRANTIES
Anointed Design warrants that Anointed Design will perform the services in material conformity to the specifications contemplated hereunder in a professional and workmanlike manner. The warranties and representations hereunder will not extend or apply to any online tool modified by any party other than through the Services'. "Error" means any reproducible error, problem, or defect resulting from an incorrect functioning of the Background Technology that materially affects the functionality of the Web site. Except as expressly provided in this Agreement, the Services, web sites and all other digital tools are provided "as is," and the Company expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, noninfringement, merchantability, and fitness for a particular purpose. The Client hereby acknowledges and agrees that the Company will not be liable for any temporary delay, outages or interruptions of the Services.
The Client agrees to hold harmless and indemnifyAnointed Design, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to the Client use of the Services, violation of this Terms of Service or any other actions connected with use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Anointed Design will provide the Client with written notice of such claim, suit, or action.
20. LIMITATION OF LIABILITY
Anointed Design's liability hereunder shall not exceed the amount paid by the client to Anointed Design during the three (3) month period before the action arose. Anointed Design shall not be liable for (a) any loss of use, loss of data, or interruption of business or (b) any indirect, special, incidental, consequential, or punitive damages of any kind (including, without limitation, lost profits), regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, even if Anointed Design has been advised of the possibility of such damages. The client acknowledges that these limitations are an essential element of this agreement, and absent such limitations, Anointed Design would not enter into this agreement.
The Client agrees that, except as otherwise expressly provided in this Terms of Service, there shall be no third-party beneficiaries to the Terms of Service.
22. LEGAL COMPLIANCE
As a user, the Client shall at all times comply with all applicable domestic or international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding the use of Anointed Design's services
23. GOVERNING LAW AND JURISDICTION
This Agreement will be governed by and construed in accordance with the laws of the country, state or province where the Company legal headquarters are located, or incorporation has taken place.
24. SEVERABILITY AND AMENDMENT
This Agreement may not be modified or amended except in writing, signed by both parties. Any purported oral modification or amendment of this Agreement in derogation of the foregoing shall be without any effect. Neither party may waive any right hereunder except expressly and in writing.
25. ENTIRE AGREEMENT
This Agreement is the entire agreement between the parties with respect to this subject matter, and it supersedes all prior and contemporaneous discussions, negotiations, communications, and agreements with respect thereto.