Welcome to Servicer Sites’ Terms of Service! We are truly excited to have you aboard. Thank you for choosing to use our services. Below we have listed important legal terms that apply to anyone who signs up for our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. Servicer Sites offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.
The Servicer Sites Terms constitute a binding and enforceable legal contract between Servicer Sites and its affiliated companies and subsidiaries worldwide (“Servicer Sites”, “us” or “we”) and you in relation to the use of any Servicer Sites Services – so please read them carefully.
For those that never read the terms of service, here are the main points of your contract.
- You are leasing your website, content, images, etc. You own all content that you provide to us.
- You must commit to at least 12 monthly payments equivalent to our lowest monthly website plan.
- You may buy out your website after the minimum 12 month agreement for an additional $250 buyout fee.
- No refunds! All services are considered rendered upon payment.
Introduction
1.1. Our Purpose
Our services provide website design, search engine optimization, and marketing services to home service companies. Servicer Sites is a subsidiary of Integrated Technology and Design LLC and was created as a low-cost entry to having a highly optimized website and marketing services.
1.2. Legal Agreement
Servicer Sites (“Servicer Sites”) is a brand that Integrated Technology and Design LLC owns and operates. These Servicer Sites Terms of Service (“Terms of Service”), together with such additional terms which specifically apply to some of our services and features as presented on the Servicer Sites website(s) (“Servicer Sites”, and collectively – the “Servicer Sites Terms”), all set forth the entire terms and conditions applicable to each visitor or user (“User” or “you”) of the Servicer Sites website and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the Servicer Sites website is known as the “Servicer Sites Services” or “Services”).
You may visit and/or use the Servicer Sites Services only if you fully agree to the Servicer Sites Terms – and by using and/or registering to any of the Servicer Sites Services, you signify and affirm your informed consent to these Terms of Service and any other Servicer Sites Terms applicable to your use of any servicersites.com Services. If you do not read, fully understand and agree to the servicersites.com Terms, you must immediately leave the servicersites.com Website and avoid or discontinue all use of the Servicer Sites Services.
By using our Services, you acknowledge that you have read our Privacy Policy available at https://www.servicersites.com/privacy-policy (“Privacy Policy”).
1.3. User Account
In order to access and use certain sections and features of the servicersites.com website, you must first register and create an account with servicersites.com or we automatically create on your behalf as you checkout on servicersites.com (“User Account”).
If anyone other than yourself accesses your User Account and/or any of your User Websites’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the servicersites.com Services), make changes to your User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account secure & confidential, and allow such access only to people you trust – as you will be solely and fully responsible for all activities that occur under your User Account and/or User Websites. (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using the servicersites.com Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership.
Your Obligations
2.1. You represent and warrant that:
you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into the Servicer Sites Terms and to form a binding agreement for yourself or on behalf of the person or entity committed by you to the Servicer Sites Terms;
you are not a resident of or will use the Servicer Sites Services in a country where the US government has forbidden users of the Servicer Sites Services.
your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
you understand that Servicer Sites does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users or your compliance therewith;
And specifically regarding your User Content:
you confirm you own all rights in and to any content uploaded or provided by you to the Servicer Sites team, or imported, copied, or uploaded by Servicer Sites Services for you, to your User Website (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, the information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents, and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
you have (and will maintain) the full power, title, licenses, consents, and authority to allow Servicer Sites Services to access any websites, web pages and/or other online services for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content;
the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Websites’ visitors and users (“End Users”) reside, or for Servicer Sites and/or your End Users to access, import, copy, upload, use or possess in connection with the Servicer Sites Services;
you have obtained all consents and permissions required under all applicable laws regarding the posting, transmission, and publication of any personal information and/or image or likeness of any person, entity, or property which is part of the User Content, and you will adhere to all laws applicable thereto.
2.2. You undertake and agree to:
fully comply with all applicable laws and any other contractual terms which govern your use of the Servicer Sites Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
be solely responsible and liable with respect to any of the uses of the Servicer Sites Services which occur under your User Account and/or User Website(s) and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Servicer Sites Services);
regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Website, including with respect to End Users, User Products, and any applications and/or Third-Party Services used by you;
receive from time to time promotional messages and materials from Servicer Sites or its partners, by mail, e-mail, or any other contact form you may provide us with (including your phone number for calls or text (SMS) messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
allow Servicer Sites to use in perpetuity, worldwide and free of charge, any version of your User Website (or any part thereof) for any of Servicer Sites’ marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Servicer Sites or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Website with respect to such limited permitted uses;
Servicer Sites’ sole discretion as to the means, manner, and method for performing the Servicer Sites Services, including those regarding the hosting, transmission, publication and/or display of any User Websites and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
Servicer Sites shall have the right to offer the Servicer Sites Services in alternative price plans and impose different restrictions as for the upload, storage, download, and use of the Servicer Sites Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.
2.3. You agree and undertake not to:
copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile, or disassemble the Servicer Sites’ Website, the Servicer Sites Services (or any part thereof), any Content offered by Servicer Sites or Third Party Services for use and display within User Websites (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Servicer Sites’s prior written and specific consent and/or as expressly permitted under the Servicer Sites Terms;
submit, transmit, or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Servicer Sites or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
use any illegal action to collect login data and/or passwords for other websites, third parties, software, or services;
phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments unless done in accordance with any applicable law, including with the PCI DSS standard when applicable;
upload, insert, collect, or otherwise make available within the Servicer Sites Website or the Servicer Sites Services (or any part thereof) any malicious, unlawful, defamatory, or obscene Content;
publish and/or make any use of the Servicer Sites Services or Licensed Content on any website, media, network, or system other than those provided by Servicer Sites, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Servicer Sites Services, Licensed Content and/or User Website (or any part thereof), except as expressly permitted by Servicer Sites, in advance and in writing;
use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Servicer Sites Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Servicer Sites Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Servicer Sites Services;
act in a manner which might be perceived as damaging to Servicer Sites’s reputation and goodwill or which may bring Servicer Sites into disrepute or harm;
purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Servicer Sites or Servicer Sites Marks and/or variations and misspellings thereof;
impersonate any person or entity or provide false information on the Servicer Sites Services and/or User Website, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Servicer Sites and/or any End Users;
falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Servicer Sites or any third party endorses you, your User Website(s), your business, your User Products, or any statement you make;
reverse look-up, trace, or seek to trace another User of Servicer Sites Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Servicer Sites Services and/or User Website without their express and informed consent;
disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Servicer Sites Services, User Platform, the account of another User(s), or any other systems or networks connected to the Servicer Sites Services, by hacking, password mining, or other illegitimate or prohibited means;
probe, scan, or test the vulnerability of the Servicer Sites Services or any network connected to the Servicer Sites Services;
upload to the Servicer Sites Services and/or User Website or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Servicer Sites Services or Servicer Sites’s systems or networks connected to the Servicer Sites Services, or otherwise interfere with or disrupt the operation of any of the Servicer Sites Services, or the servers or networks that host them or make them unavailable, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
use any of the Servicer Sites Services and/or User Website in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
access to Servicer Sites Services, User Accounts, Licensed Content and/or User Content through any means or technology (e.g. scraping and crawling), other than our explicitly approved & publicly supported interfaces.
sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Servicer Sites Services, except as expressly permitted by the Servicer Sites Terms;
remove or alter any copyright notices, watermarks, restrictions, and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Servicer Sites Services and/or Licensed Content; or
violate, attempt to violate, or otherwise fail to comply with any of the Servicer Sites Terms or any laws or requirements applicable to your use of the Servicer Sites Services.
access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
Content and Ownership
3.1. Your Intellectual Property
As between Servicer Sites and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Servicer Sites does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, provide and/or copy your User Content including pictures, text, videos and any other form of content, to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
3.2. Servicer Sites’ Intellectual Property
All rights, title, and interest in and to the Servicer Sites Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Servicer Sites Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Servicer Sites.
Subject to your full compliance with the Servicer Sites Terms and timely payment of all applicable Fees, Servicer Sites hereby grants you, upon creating your User Account and for as long as Servicer Sites wishes to provide you with the Servicer Sites Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Servicer Sites Services and Licensed Content, for the purpose of generating and displaying your User Website to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Servicer Sites Terms, and solely within the Servicer Sites Services.
The Servicer Sites Terms do not convey any right or interest in or to Servicer Sites’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Servicer Sites Terms constitutes an assignment or waiver of Servicer Sites’s Intellectual Property rights under any law.
3.3. Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to the Servicer Sites Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Servicer Sites. By providing such Feedback to Servicer Sites, you acknowledge and agree that it may be used by Servicer Sites in order to: (i) further develop, customize and improve the Servicer Sites Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Servicer Sites -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Servicer Sites may use to provide and improve its services, (vi) to enhance Servicer Sites data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Servicer Sites any right, title and interest you may have in such Feedback, and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
Privacy
Certain parts of the Servicer Sites Services (including certain Third-Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the Servicer Sites Services, Servicer Sites and such Third-Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the Servicer Sites Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third-Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.
Service Fees
5.1. Paid Services
The use of Servicer Sites Services are subject to payment of particular fees, as determined by Servicer Sites in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Servicer Sites will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
Servicer Sites reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Servicer Sites shall have the right to automatically and without notice renew your subscription to such Servicer Sites Service(s) at the full applicable Fee.
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Servicer Sites. To the extent permitted by law (and unless specified otherwise by Servicer Sites in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Servicer Sites Services, or to any payments or purchases made by you. If Servicer Sites is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Servicer Sites is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize Servicer Sites (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Servicer Sites or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
5.1.1 Buyout Fees
At the end of your minimum 12 month term commitment, you have the option to “Buy Out” your website to own it outright. The “Buyout” fee will be invoiced separately upon request of the “Buy Out” option. The buyout fee is an additional $250.00. Your subscription length and amout of time subscribed over the minimum 12 month contract do not apply to the Buyout fee.
Once the “Buy Out” option and payment have been processed, you can take your website and host it with your own provider. Servicer Sites will allow a 10 day grace period to get the website moved to your own hosting account. Servicer sites will not assist in moving the website to your new 3rd party hosting provider. The only exception is that if you are a customer of our sister hosting company (FinishLineHosting.com), Servicer Sites will migrate the website to your hosting account at FinishLineHosting.com.
5.2. Invoices
Servicer Sites and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by Servicer Sites (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address and will be made available to you via your User Account. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements and, in such case, may be used for pro forma purposes only.
5.3. Subscription Auto-Renewals
In order to ensure that you do not experience any interruption or loss of services, all Paid Services include an automatic renewal option by default, according to which, unless you cancel, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is three months, each of its renewal periods (where applicable) will be for three months. Accordingly, where applicable, Servicer Sites will attempt to automatically charge you the applicable Fees as per the payment agreement established through our payment processor, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, Servicer Sites will endeavor to provide you a notice prior to the renewal of such Paid Service at least seven (07) days in advance of the renewal date.
By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.
You can also avail of services on a one-time payment basis. You may opt for such services as add-ons during the initial purchase or anytime via a User account. You can complete the payment for any such services online through the website. On successful payments, the selected services will be delivered as per the nature of the service(s) purchased.
Certain domains are subject to a different renewal policy as detailed in the Domains Registration Agreement. Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Servicer Sites Services you use (whether or not such Servicer Sites Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Servicer Sites Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Servicer Sites Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Servicer Sites in relation to the discontinuation of any Servicer Sites Services or Third-Party Services for whatever reason.
5.4. Cancellation and Refund Policy
As a subscriber, you are permitted to cancel your subscription at any time and for any reason as long as you have met the minimum contracted payment obligations which are the equivalent of twelve (12) months of our lowest web design package. If the minimum contracted obligation has not been met, the full balance of the remaining payments will be invoiced and due upon the invoice date.
Canceling your subscription will end any future recurring payments but does not make a provision for refunding any unused portion of the subscription.
Our subscription service includes our presentation of data to you as a subscriber. There is no way to “return” digital content which has already been presented. Due to the nature of our unique relationships with our service partners, and due to the nature of our digital content and online portal delivery of such content, we are unable to offer a refund for services rendered or accounts and subscriptions which have been canceled.
Recurring Payments
Our subscription service will auto-renew at the end of each subscription period unless canceled. Failing to cancel a subscription before the payment for a renewal occurs automatically does not authorize a refund once payment has been received.
Please note that you must cancel your subscription before it renews in order to avoid being charged for the next subscription period. We will not issue refunds for subscriptions that you forgot to cancel from within your own account.
No Refunds
In order to equitably promote fairness to all of our clients and to protect the integrity of our products and services, we have a No Refunds Policy. ALL SALES ARE FINAL. REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING OR CREDITS THAT ARE CANCELLED MID-YEAR PERIOD.
If you cancel before your subscription expiration date, while you will not receive a prorated refund for the remaining balance of the subscription, you will maintain access to the portal and subscribed services until the natural end of the subscription period.
As a subscription provider, we reserve the right to offer discounts or other considerations in select and rare circumstances at our sole discretion. Please also note that each circumstance is unique, and elections to make such an offer in one instance does not create the obligation to do so in another.
5.5. Chargebacks
If, at any time, we record a decline, chargeback, or other rejection of a charge of any payable Fees on your Servicer Sites account (“Chargeback”), this will be considered a breach of your payment obligations hereunder, and your use of the Servicer Sites Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications, and Third Party Services, may be subject to cancellation and Ability Loss (as defined in Section 6.3 below).
Your use of the Servicer Sites Services will not resume until you re-subscribe for any such Servicer Sites Services and pay any applicable Fees in full, including any fees and expenses incurred by Servicer Sites and/or any Third Party Services for each Chargeback received (including Fees for Servicer Sites Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to Servicer Sites, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Servicer Sites Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Servicer Sites Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
Cancellation
6.1. Cancellation by User
You may discontinue to use and request to cancel your User Account and/or any Servicer Sites Services at any time, in accordance with the instructions available on the Servicer Sites Services. The effective date and time for such cancellation shall be the date and time on which you have first requested for the cancellation process on the Servicer Sites Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that the cancellation process may take a few days, to avoid the next automatic renewal and respective charge, the cancellation request should be made at least seven (07) days before the expiration of the then-current service period.
For more information about canceling your Paid Services, please visit Servicer Sites’ Frequently Asked Questions or Contact Us.
6.2. Cancellation by Servicer Sites
Failure to comply with any of the Servicer Sites Terms and/or to pay any due Fee shall entitle Servicer Sites to suspend (until full payment is made) or cancel your User Account and User Website (or certain features thereof), as well as the provision of any related Servicer Sites Services (e.g., Paid Services) or Third Party Services to you.
6.3. Loss of Data, Content, and Capacity
If your User Account or any Servicer Sites Services or Third Party Services related to your User Account are cancelled (whether at your request or at Servicer Sites’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Ability Loss”). Servicer Sites shall not be liable in any way for such Ability Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Servicer Sites Services following their cancellation, as determined by Servicer Sites in its sole discretion.
Third Party Services
The Servicer Sites Services enable you to engage and procure certain third party services, products and tools for enhancing your Ready Website and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third party applications and any new third party service providers that Servicer Sites Website may partner with in future (collectively, “Third Party Services”).
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain Servicer Sites Services, offered separately by Servicer Sites or persons certified or authorized by Servicer Sites, or otherwise offered anywhere on the Servicer Sites Services), Servicer Sites merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Servicer Sites will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third-party Services.
You acknowledge that such services may require the payment of additional amounts to Servicer Sites and/or to the providers of such Third-Party Services.
Any and all use of such Third-Party Services shall be done solely at your own risk and responsibility and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
While we hope to avoid such instances, Servicer Sites may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the Servicer Sites Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.
Misconduct and Copyrights
9.1. Misconduct and Abuse
When using the Servicer Sites Services, you may be exposed to User Platforms, User Content or Third-Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Servicer Sites with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Servicer Sites Services, please immediately report such User and/or Third Party Service to us via this form. You agree that your report shall not impose any responsibility or liability upon Servicer Sites, and that Servicer Sites may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
9.2. Copyrights
Servicer Sites acts in accordance with its interpretation of the Information Technology Act 2000 & Copyright Amendment Bill 2010. If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form.
In the event that Servicer Sites receives notice regarding a copyright infringement related to your Ready Website or User Website, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Information Technology Act 2000 & Copyright Amendment Bill 2010 by providing sufficient details to review and act upon on your request. Servicer Sites reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
Disclaimer of Warranties
We provide the Servicer Sites Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Servicer Sites Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third-Party Services) mentioned on or made available via the Servicer Sites Services – so please be sure to verify those before using or otherwise engaging them.
Servicer Sites may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may Servicer Sites be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Servicer Sites Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Servicer Sites shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the Servicer Sites Services and/or connecting and/or dealing with any Third Party Services through or in connection with Servicer Sites Services, and that Servicer Sites cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
Servicer Sites does not recommend the use of the Servicer Sites Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain Servicer Sites Services are currently offered in their BETA version and undergoing BETA testing. You understand and agree that certain Servicer Sites Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Servicer Sites Services at this BETA stage signifies your agreement to participate in such Servicer Sites Services’ BETA testing.
Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, Servicer Sites & Ortu Software, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Servicer Sites Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Servicer Sites Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Servicer Sites Services; (6) events beyond the reasonable control of Servicer Sites, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Servicer Sites Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Servicer Sites’s services to you, and such limitations will apply even if Servicer Sites has been advised of the possibility of such liabilities.
Indemnity
You agree to defend, indemnify and hold harmless Servicer Sites LLC, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Service or any other Servicer Sites Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Servicer Sites Services, including, without limitation, Servicer Sites Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.
General
13.1. Changes & Updates
Servicer Sites reserves the right to change, suspend or terminate any of the Servicer Sites Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Servicer Sites Services (including removal of any materials created by you in connection with the Servicer Sites Services) for any reason and/or change any of the Servicer Sites Terms with or without prior notice – at any time and in any manner.
You agree that Servicer Sites will not be liable to you or to any third party for any modification, suspension or discontinuance of those Servicer Sites Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Servicer Sites Services without enabling such changes, or provide you with alternative Services.
13.2. Governing Law & Jurisdiction; Class Action Waiver
The Servicer Sites Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Servicer Sites Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Servicer Sites Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of the state of Illinois, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Joliet, Illinois.
Subject to any applicable law, all disputes between you and Servicer Sites shall only be resolved on an individual basis and you shall not have the right to bring any claim against Servicer Sites as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
13.3. Notices
We may provide you with notices in any of the following methods: (1) via the Servicer Sites Services, including by a banner or pop-up within the Servicer Sites Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Servicer Sites’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
13.4. Relationship
The Servicer Sites Terms, and your use of the Servicer Sites Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Servicer Sites and you.
13.5. Entire Agreement
These Terms of Service, together with the Servicer Sites Terms and any other legal or fee notices provided to you by Servicer Sites, shall constitute the entire agreement between you and Servicer Sites concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Servicer Sites and you, including those made by or between any of our respective representatives, with respect to any of the Servicer Sites Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Servicer Sites in entering into any of the Servicer Sites Terms.
13.6. Assignment
Servicer Sites may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Servicer Sites Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Servicer Sites. Any attempted or actual assignment thereof without Servicer Sites’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 13.6 shall not in itself grant either Servicer Sites or you the right to cancel any Servicer Sites Services or Third-Party Services then in effect.
13.7. Severability & Waivers
If any provision of the Servicer Sites Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Servicer Sites Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
These Terms of Service were written in English and are only available in the English language at this point.
13.8. Customer Service Contact
To get in touch with our Customer Service – please use any of the options listed below:
Go to Servicer Sites Help Center, which is available at: https://www.servicersites.com/contact
Send an email message to: info@servicersites.com.