The following terms and conditions shall apply to Switchly Corp (along with all subsidiaries, affiliates, successors and assigns thereof, referred to hereinafter collectively as “Switchly”, “Switchly.org”, “we”, “our” and/or “us”) and client/customer for all purchases of Switchly Corp. services (Custom Website Design & Development Services (“Custom Website Services” or “Website” as further defined below) and Custom E-commerce Services (“E-commerce Services” as further defined below), and any extra services that is found on Switchly.Org or Switchly Corp. or through our sales lines.
Terms of Use (“TOS”)
Terms of Use:
Welcome to the Switchly.org website (the “Site”). By accessing this Site, you agree to be bound by the terms and conditions below (the “Terms”). If you do not agree to all of the Terms, please do not use the Site. Switchly.org may from time to time modify or revise the Terms by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.
Copyright and Trademark Notice:
This Site and its contents, including, but not limited to, text, photographs, graphics, illustrations, video, sound, and other material (all such content collectively referred to as “Content”) are protected under United States and international copyright laws and are the property of Switchly.com or its third-party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics, and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, “Marks”) of Switchly.org or its third-party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of Switchly.org is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.
The Site and its Contents are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents displayed on the Site for the sole purpose of using the Site as a personal resource, provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.
Your Comments:
We appreciate your comments, remarks, feedback, suggestions, ideas, and other submissions you disclose or transmit to us (collectively, “Comments”). You grant Switchly.com and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your Comments, your name, and any related copyrights, moral rights, or other intellectual property rights.
Privacy:
It is our policy to respect the privacy of individuals who visit the Site or provide Comments to us. Our privacy policy (the “Privacy Policy”), which you may view at https://switchly.org/privacy-policy/, is incorporated herein by reference. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.
Linked Sites:
This Site may contain links to other websites (“Linked Sites”). Switchly.org does not operate or control any information, products, or services on the Linked Sites and does not endorse or approve any products or information offered at Linked Sites. You acknowledge and agree that your access or use of any Linked Site is at your own risk.
Disclaimer:
This site, its contents, and all information, products, and services contained in or offered through this site are provided on an “as is” and “as available” basis without representations or warranties of any kind. Switchly.org expressly disclaims all such representations and warranties, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or noninfringement and any implied warranties arising from course of dealing or course of performance. Switchly.com does not warrant that this site or its contents will be complete, accurate, uninterrupted, secure, or error free or that the site or the server that makes it available are free of viruses or other harmful components. All information on the site is subject to change without notice.
Indemnification:
You agree to defend, indemnify, and hold Switchly.org harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, including attorneys’ fees, arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.
Limitation of Liability:
In no event shall Switchly.org be liable for any direct, indirect, consequential, special, or incidental damages arising out of or related to your use of or inability to use this site or goods or services purchased or obtained through this site/company, whether in an action under contract, negligence, or any other theory, even if Switchly.org has been advised of the possibility of such damages. Switchly.org’s total liability for any claim arising from or related to your use of this Site shall not exceed one hundred dollars (US$100).
Miscellaneous:
These Terms are governed by and shall be construed in accordance with the laws of the State of Maryland without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are effective unless and until terminated by Switchly.org.
SWITCHLY RESERVES THE RIGHT TO AMEND ANY PORTION OF THE INCORPORATED AGREEMENTS WITH OR WITHOUT NOTICE. IT IS THE CUSTOMER’S RESPONSIBILITY TO REVIEW ALL SWITCHLY POLICIES FREQUENTLY TO ENSURE COMPLIANCE.
Reservation of Rights: All rights not expressly granted above are retained by Switchly, including any electronic rights or usage, and including, but not limited to, all rights in sketches, comps or other preliminary materials. Any use additional to that expressly granted above requires arrangement for payment of a separate fee.
1. REVISIONS:
There are no charges for standard revisions or changes to the site if customer is a paid member of Switchly VIP subscription. Non Switchly VIP members will be charged for any future revisions that are made after launch of customers website and to products such as plugins that add functionality.
2. WEBSITE PAYMENT SCHEDULE:
First payment will be deducted immediately. Second payment is deducted 30 days after that. Swichly is able to change the day of the cycle in any month of the year.
3.0 CANCELLATION FEES:
There will be no fees to cancel and there are no contracts. To do so, the client will need to email [email protected] or their dedicated point of contact to cancel between the hours of 8:30am and 5pm EST. Client must submit their notice of cancellation no later than 5:00 p.m. EST on the day before the next billing date to avoid further charges; provided, that if such day is a Saturday or Sunday or a federal holiday, then no later than 5:00 p.m. EST of the last business day immediately prior to the start of the next billing cycle. Upon confirmation of your notification by our support team, all reoccurring payments will be stopped.
3.1 OWNERSHIP OF THE SITE:
Client must have complete payment in full to take ownership of the site. Content and domain will be released by Switchly to the client at a charge. Grant of copyright is conditioned upon receipt of final payment, and upon Client’s compliance with the terms of this agreement. Switchly will not be able to release any third party tools/plugins and their serial keys/api keys or codes that registers the rights to use them. If Switchly is current holding and paying for clients domain, client would be charged for a transfer of domain up to $250.
4.0 REFUNDS
Payments made to Switchly within the guidelines of this agreement are non-refundable. Any refund requests or billing requests need to be sent to [email protected]. If you do not wish to renew the Contract, you must tell us in writing that you wish to cancel prior to the renewal date, otherwise you will not be eligible to receive a refund. Even if you website has not gone live due to any reason of the client, for example the client has not sent us the necessary content, the client will still be charged monthly and will not be able to receive a refund for this duration. The monthly or yearly charges will only be terminated once we have a written email sent to [email protected]
5. PERMISSIONS AND RELEASES:
The Client agrees to indemnify and hold Switchly harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.
6. MISCELLANEOUS:
This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives.
7. SOFTWARE:
In the event of us finding better software, plugins, platforms, add-ons, or other website enhancing accoutrements, there may be additional purchases that need to be made. These purchases will lie outside of your current or past payments. We will always alert you of these additional purchases and try to give you payment-free alternatives alongside these additional purchase recommendations.
8. AGREEMENT:
This Agreement constitutes the entire understanding of the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. No terms attached to any check for payment under this Agreement can modify the Agreement except under an independent instrument in writing signed by both parties. Any dispute arising out of this agreement will be resolved by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement must be signed and returned before Designer can schedule or begin this job.
9. ERRORS:
We can’t guarantee that our work will be error-free (we’re human!) so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
SWITCHLY RESERVES THE RIGHT TO AMEND ANY PORTION OF THE INCORPORATED AGREEMENTS WITH OR WITHOUT NOTICE. IT IS THE CUSTOMER’S RESPONSIBILITY TO REVIEW ALL SWITCHLY POLICIES FREQUENTLY TO ENSURE COMPLIANCE.