Puerto Rico Market Web Developers, Inc.
Terms of Service
Hosting and Website or Software Development
Puerto Rico Market Web Developers, Inc. ("We", "Us" or "Our") provides a platform for internet web hosting services to its subscribers (the "Subscribers" or "you"or "your"). Additionally, We may provide other services involving web site development, internet seo, ecommerce, merchant accounts registration services, registration domain, transfer or renewal of domain name among other service required by clients. Your use of all of the services is governed by this Terms of Service (the "Terms of Service") and our Acceptable Use Policy ("AUP") found at AUP.
1. Services/Reselling Services. Subject to your satisfaction of our credit approval requirements, We agree to provide the services you ordered (the "Services") by completing and submitting our Services order form (the "Order Form") either in writing, online or verbally. Reselling the Services is strictly prohibited and is a material breach of the Terms of Service. To Resell any of our service you will required writen contract authorization.
2. Domain Name Services. If your Order Form provide for us to register, renew or transfer a domain name ("Domain Name Services"), We will submit the request to any company (the "Registrar") on your behalf. Our sole responsibility is to submit the request to the Registrar. We are not responsible for any errors, omissions or failures of the Registrar. By ordering Domain Name Services, you are agreeing to the terms posted at http://www.prwmwd.com . You are responsible for closing any account with any prior reseller of Registrar for the requested domain name, and you are responsible for responding to any inquiries sent to you by the Registrar.
PRMWD as a domain administrator. we take domain registrations order to buy a domain name for your us, PRMWD is the register legal owner to ICAAN. PRMWD will bill in the next billing cicle. Domain name register by us, that are paid by clients have a transfer charge of between 1,250,00 and 6,000.00 this charges depent on the contract agreement.
3. Term. The initial term of each of your Services shall begin on the date (the "Services Commencement Date") that We generate in the frist INVOICe of services or an e-mail welcome message announcing the activation of the Service you ordered and shall continue for the number of months stated in the Order Form (the "Initial Term") for each such Service. Upon expiration of the Initial Term, this Terms of Service shall automatically renew for successive renewal terms of the same length as the Initial Term (each a "Renewal Term") unless either party provides written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or Renewal Term, as the case may be. The Initial Term and any Renewal Term may be referred to collectively herein as the "Term."
(a) Recurring Fees. The fee for the Services specified in your Order Form(s) is the "Recurring Fee". Beginning on the Services Commencement Date, unless otherwise specified on your Order Form, you agree to pay the Recurring Fee in advance of afther 30 days of service. Debit will be each day 1 or 15 of 30 days billing cycle (the"Due Date"), without invoice. Automatic you will receve by email a notification of debit. The billing cycle for Recurring Fees is 30 days, and the billing day is specified in the Order Form Frist Billing and or Contract.
(b) Non-Recurring Mo Fees Stablish. If you ask Us to perform any services, and or Domain Name Registration Services, you will be charged a "Domain Registration Fee per Year" as specified on the Order Form. If you over use any company and system resourses in excess, phone supports, upload and first page change more that 4 times a mouht or any services that is not provided in your Frist Order Form, you agree to pay a fee ("Overage Fee") for such excess amounts of use. We may charge set-up ("Set Up Fee") for each new hosting idepented accounth a fee is colletctec by charge eCheck or electronico debit to your account, or by corporative check if is new account.
("Charge Back Fee"); Charge Back Fees is 35.00 to 55.00 and or 3% of the amounth. Company resourses over use may be add to your billing if, Reinstatement Fee (as defined below) and all other non-recurring fees relating to the Services are collectively referred to as "Non-Recurring Fees". You agree to pay Non-Recurring Fees when they are incurred. Any Domain name transferring, recovering will be cover for the terms of the service, if a cancelation is made during the terms this charges will be charges. Transferring a domain name register by us with out authorization from us and with a notice, is and act of stealing. However will charge to your account and assume this was a sale, will set the price charging for any commercial value of domain name in questions.
(c) Fee Increases. Recurring Fees and Non-Recurring Fees are collectively referred to as the "Fees" or individually as "Fee". We may increase any or all of the Fees by giving notice to you not less forty-five (45) days prior to the beginning of a Renewal Term applicable to the particular Fee which is subject to increase. Such Fee increase shall be effective on the first day of the applicable Renewal Term. Unless you give notice to Us of your intent not to renew the Services as provided in Section 3, you are deemed to have accepted the increased Fee for the applicable Renewal Term and any subsequent Renewal Terms (unless the Fees are increased in the same manner for a subsequent Renewal Term).
5. Payment of Fee/Recurring Fees Payment of the Fees shall be made to Us by Echeck or Electronic Debit to your back account, or Credit, debit card (the "Card") in
6. Taxes. You agree to pay to Us all sales IVU of Puerto Rico or similar tax imposed on the provision of the Services (but not in the nature of an income tax on Us), regardless of whether We fail to collect the tax at the time the Services are provided. If you are not a legal register company.
7. Law/AUP. You agree to use the Services in compliance with applicable law and Our AUP, which is incorporated by reference in the Terms of Service. You agree that We may, in our reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on your use of the Services. Amendments to the AUP are effective on the earlier of Our notice to you that an amendment has been made, or the first day of the next Renewal Term. You agree to cooperate with Our reasonable investigation of any suspected violation of the AUP.. In the event of a dispute between the parties regarding interpretation of the AUP, our commercially reasonable interpretation of the AUP shall prevail.
8. Your Information. You represent and warrant to Us that (i) all information you provide for purposes of establishing and maintaining the Services is accurate; (ii) if you are an individual, you are at least eighteen years of age; (iii) you will not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles in any country listed in Country Groups D:4 and D:3 of Supplement No. 1 to Part 740 of the United States Export Administration Regulations, and (iv) you will not provide access to the Services to any person (including a natural person or government or private entity) located in or a national of any embargoed or highly restricted country under United States Export Regulations, which include as of September, 2005, Iran, Libya, North Korea, Sudan or Syria. You agree that We may, without notice and without liability to you report to the appropriate governmental authorities any conduct by you that We reasonably believe violates applicable law, and provide any information that We have about you in response to a formal or informal request from a law enforcement or government agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
9. Indemnification. You agree to indemnify and hold Us harmless, as well as Our affiliates, and each of the respective officers, directors, agents, partners, shareholders and employees of Us and of our affiliates from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements ("Claims") of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the Services, including without limitation Claims related to Web space, web site domain registration, content that violates any copyright, trademark or service mark; any proprietary right of any person or entity; and any state and/or federal laws or regulations, including US Export Regulations. Will charge your account for transferring property register by us, if you transfer or claim it yours with a authorization form us.
10. Disclaimer of Warranties.
WE SPECIFICALLY WARRANT OR REPRESENT THAT THE SERVICES AND WEB BASE SOFTWARW WILL NOT BE UNINTERRUPTED AND IS ERROR-FREE AND COMPLETELY SECURE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
11. Limitation of Damages.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOST PROFITS OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE TERMS OF SERVICE, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS OF SERVICE, OUR MAXIMUM AGGREGATE LIABILITY, AND THAT OF OUR AFFILIATES, AND EACH OF THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS, SHAREHOLDERS AND EMPLOYEES OF US AND OF OUR AFFILIATES, UNDER ANY THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICES FOR THE THREE MONTHS PRIOR TO THE OCCURRENCE GIVING RISE TO THE CLAIM.
(a) Suspension of Services. You agree that We charge all balance if we suspend the Services if: PRMWD.INC will suspent the service if: (i) We reasonably believe that the Services are being used in violation of the AUP; (ii) you fail to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) We reasonably believe that suspension of the Services is necessary to protect Our network or other customers, (iv) as required by a law enforcement or government agency, or (v) if the Card or E-Check cannot be charged for payment in accordance with Section 5. You agree to pay a reasonable fee for reinstatement ("Reinstatement Fee $115.00") following any suspension and any lost and damage to us and other costumers of this company. (v) If we fell or know this company is thread at by you or your employer and associates to our systems, employers and associate.
(b) Termination by You. The Terms of Service may be terminated by you at any time as long as all Fees and balance are none. Then due together with unpaid Recurring Fees for the remainder of the Initial Term or the Renewal Term, as the case may be, are fully paid on the business day following the termination date. No penalties will be charge for cancelation if any special job order is request by you and not charge. Any cancelation penalties will be reset with a new agreement. If your contract or Invoice, or Job Order specify no penalties for cancelations there will be no charge.
(c) Termination by Us. The Terms of Service may be terminated by Us prior to the expiration of the Initial Term or any Renewal Term. Our if we know and fell your not acting in good faid to our company reputation any of our agrement.
without liability as follows: (i) upon seventy-two (72) hours notice if you are overdue on the payment of any Fee; (ii) you materially violate any provision of the Terms of Service or the AUP, and fail to cure the violation within ten (10) days after receipt of a written notice from Us describing the violation in reasonable detail in our sole discretion; (iii) upon twenty-four (24) hours notice if the Services are used in violation of a material term of the AUP more than once, or (iv) upon twenty-four (24) hours notice if you violate Section 8 .(iiv)
13. Intellectual Property Use and Ownership. Neither party shall (i) use the other party's name, trademarks, trade names or logos in either its own legal name or in any fictitious or assumed name without the party's consent; (ii) knowingly remove or alter any logo, trademark, trade name, copyright, or other proprietary notice, legend, or symbol from any of the other party's products or documentation; or (iii) take any action, or intentionally omit to take any action that would jeopardize, limit, or interfere in any manner with the ownership of the other party's products, services, documentation, or intellectual property. Title to and ownership of all copies of any products, services, software, documentation, or Internet services developed by or for Us during the Term, whether in machine-readable or printed form, and including without limitation any derivative works, compilations, or collective works thereof, and all related technical know-how, and all rights therein (including without limitation rights in patents, copyrights and trade secrets applicable thereto), are and shall remain Our exclusive property and that of Our suppliers. You shall not take any action to jeopardize, limit, or interfere in any manner with the ownership and rights therein. Software and Website Develop by us, like PRMWD ecommerce Software and any other banding PRMWD, or any design, and web programming or development is for the exclusive us to work with our server and hosting. We rent the right to a unlimited use, but not to transfer to any other server with a authorization, Licensee feed will be charge up to 5,000.00 for violations. Sub-Contract to other servers and system out of the PRMWD network. If we place your web solutions in co-locating and host in some other facilities and you become a absolutist contract holder PRMWD intellectual property, you have the obligations of making payments establish in the contact , invoices, and job orders, if the web site and interface, develop, design, programming is built by us and in use by you. We will charge you the original amount establish contract terms and service like any other regular clients. We will have all powers of registration to domain names if the contract becomes absolutist and you hold all keys of programming.
14. Confidential Information. Each party agrees not to disclose or use, and to assure that their employees and agents do not disclose our contract and service charges or use any confidential information ("Confidential Information") of the other party or company. Our Confidential Information is Our unpublished prices for the Services, audit and security reports, server configuration designs, software interfaces and other proprietary technology. Your Confidential Information is content transmitted to or from, or stored by you on servers provided as part of the Services and not placed by you in a publicly accessible area. Confidential Information is also information of a party that is conspicuously marked as "confidential" or if disclosed in non-tangible form is verbally designated as "confidential" at the time of disclosure and is confirmed as confidential in a written notice given within one (1) day of disclosure. Confidential Information does not include (i) any information which is independently developed by a non-disclosing party as shown by such party's written business records, (ii) is or becomes generally available to the non-disclosing party or the public other than through violation of this Section, or (iii) is required to be disclosed by law or regulation. The parties acknowledge that Confidential Information is valuable, special and unique; that its unauthorized disclosure or use will cause irreparable injury to its owner, that immediate injunctive and/or other equitable relief will be necessary and appropriate to remedy an unauthorized disclosure or use of Confidential Information, and that such relief may include without limitation a temporary restraining order obtained ex parte as well as permanent injunctive relief. Upon termination of the Terms of Service, each party agrees to return within a reasonable period of time any and all Confidential Information and other materials belonging to the other party upon request. This Section 14 will survive the termination of the Terms of Service for a period of two (2) years.
15. Back Up Copy. We agree to maintain a current copy of all of your content hosted by Us.
16. Notices. Notices to Us shall be given by means of electronic mail to the e-mail address posted for customer support on AUP.
Notices to you shall be given via electronic mail to the individual designated as the Primary Contact.
Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day transmitted.
17. Force Majeure. We shall not be in default under the Terms of Service if the failure to perform is due to any event beyond Our control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, failure of network providers, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
18. Governing Law/Venue. The Terms of Service shall be governed by the laws of the Puerto Rico, and any Federal Applicable laws exclusive of its choice of law principles, and the laws of the
21. Miscellaneous. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Neither party has the power or authority to bind the other in any agreement and will not represent to any person that it has such power or authority. The Terms of Service may be amended from time to time by Us, in Our discretion. Amendments to the Terms of Service are effective on the earlier of Our notice to you that an amendment has been made, or the first day of the next Renewal Term. Terms of Service as amended are posted at AUP. The terms on any purchase order or other business forms issued by you are not binding on Us. A party's failure or delay in enforcing any provision of the Terms of Service will not be deemed a waiver of that party's rights with respect to that provision or any other provision. A party's waiver of any of its rights under the Terms of Service is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether or not similar in nature. Captions in the Terms of Services are for the convenience of the parties and are not intended for interpretation. The following provisions will survive expiration or termination of the Terms of Service: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination. There are no third party beneficiaries to the Terms of Service. You may not transfer the Terms of Service without our prior written consent. Our approval for any assignment is contingent on the assignee meeting our credit approval criteria. We may assign all or any part of the Terms of Service.
This Terms of Service together with the Order Form and AUP (i) constitute a legal and binding agreement between you and Us; (ii) are the complete and exclusive agreement between the parties regarding the subject matter; (iii) supersede and replace any prior understanding or communication, whether written or oral, and (iv) do not benefit any other person or entity.
Puerto Rico Market Web Developers, Inc.
PRMWD.INC / Data Recovery Services / Terms and Conditions
1. Authorization The client authorizes PR Market Web Developers, Inc DBA / Hispania Data Recovery Labs (PRMWD.INC) to conduct an evaluation of the media sent to determine the nature of the damage and provide an estimate of recovery cost and timing. The evaluation is will indicate your cost and details of the work in your device, no work beyond this evaluation will be charged without explicit client approval. The client authorizes PRMWD.INC, its employees, and agents, to receive and transport this media/equipment/data to, from and between their facilities, without liability.
2. Legal Rights The client is the legal owner or authorized representative of the legal owner of the property and all data contained therein sent to PRMWD.INC. Any property left with PRMWD.INC unclaimed for 30 days, will be disposed. At which time, PRMWD.INC shall have no liability to the client or any third party.
3. Limited Liability PRMWD.INC shall not be liable for any claims regarding the physical functioning of equipment/media or the condition or existence of data on storage media supplied before, during or after service. In no event will PRMWD.INC be liable for any loss of data or loss of revenue or profits or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if PRMWD.INC has been advised of the possibility of damages or loss to persons or property. PRMWD.INC liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services.. Client and PRMWD.INC agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at PRMWD.INC option, additional attempts by PRMWD.INC to recover satisfactory data or refund of the amount paid by the client. The parties acknowledge that the price of PRMWD.INC services would be much greater if PRMWD.INC undertook more extensive liability. Client is aware of the inherent risks of injury and property damage involved in data recovery, including without limitation, risks due to destruction or damage to the media or data and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of PRMWD.INC and assumes any and all known risks of injury and property damage that may results.
4. Confidentiality PRMWD.INC agrees not read, save, copy, any and all information or data recover/ Some critical files are supplied to client for file identification. PRMWD.INC stored on, or recovered from client equipment except to employees or agents of PRMWD.INC at the identification file process. Subject to confidentiality agreements or as required by law.
5. Payment Payment is not refundable in full upon completion of successful recovery. Prior to release of data (whether shipped, picked up or downloaded), unless by special previous arrangement. The client is financially responsible for all shipping costs, custom duties and taxes to and from PRMWD.INC . Credit card types we accept are VISA, Mastercard, American Express and Discover not over 2,500.00. In some cases, at PRMWD.INC discretion, credit cards will not be accepted and we will require guaranteed funds such as a wire transfer or a cashier check, or electronic check in this case the client cant chose to make the check in the name of the President PRMWD.INC to avoid electronic transaction fee.
6. Warranty. PRMWD.INC makes no warranty, express or implied, and PRMWD.INC disclaims any warranty of any kind, including any warranty of merchantability or fitness for a particular purpose once the data is recover and approve by client. Will send a file test report once the data is complete recovers.
7. Agreement The parties shall submit all disputes relating to this Agreement (whether contract, tort or both) to either party may enforce the award of the arbitrator in a Court of competent jurisdiction. The parties understand that they are waiving their rights to a jury trial.The arbitration shall take place in the Country in which the PRMWD.INC performing the services is located and the laws of the State in which such laboratory is located shall apply.