TERMS OF SERVICE
By using the services, you agree to be bound and abide by the terms and conditions in this section. if you or your company do not agree to these terms and conditions, you should immediately discontinue using the website and/or services.
DESCRIPTION OF SERVICE
- IMG's online service ("Service" or "Services") provides fully functional template- or custom-based websites, website development and hosting services. The Service also includes a web based content management system ("Software") which is copyrighted by IMG, altogether with all associated components to the Software (add-ons, updates, custom modification, that are ordered by Client ("You") under your subscription or order form).
- You may use the Service for your personal and business use or for internal business purpose in the organization that you represent, but only on a web server hosted and controlled by IMG. You may connect to the Service using any Internet browser.
You are responsible for obtaining access to the Internet and the equipments necessary to use the Service. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
- As part of the Service, IMG may provide you with domain name search and registration services, custom designing services, custom development work, website maintenance and hosting, and other ordered by You under your subscription or order form.
- You are responsible for all activity occurring under your account and shall abide by all applicable local, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify IMG immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to IMG immediately and use reasonable efforts to stop immediately any copying the Software or any part of the Service that is known or suspected by you or your employees; and (iii) not impersonate another IMG user or provide false identity information to gain access to or use the Service.
IMG does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You, not IMG, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and IMG shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
As a part of the Service, IMG will do regularly backups of your data and guarantee that we put maximum efforts for your website to be up and functioning 100% of the time per month, including network uptime, server uptime, web server and service uptime. In the event this Agreement is terminated (other than by reason of your breach), IMG will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination.
IMG reserves the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
- IMG alone shall own all right, title and interest, including all related Intellectual Property Rights, in and to the IMG technology, the Software and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Software or the Intellectual Property Rights owned by IMG. All the product names associated with the Service are trademarks of IMG ltd., and no right or license is granted to use them.
- The Service may include certain communications from IMG, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Service. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving news from us. However, you will not be able to opt-out from receiving administrative messages.
- You must pay the fees and other charges for the Service. When signing up for The Service you agree to pay monthly or yearly subscription payment and that your PayPal account or Credit/Debit card will be automatically charged for each subscription period in advance. We reserve the right to adjust the monthly fee payable for the Service.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties in your country.
- All clients are required to provide IMG with accurate and complete billing information, including legal name, physical address, e-mail address, telephone number, and, if applicable, automatic payment information. All customers are responsible for reporting to IMG any changes in such billing information within twenty-five (25) days of such change.
- Client may terminate the use of the Service with or without cause by providing at least fifteen (15) days' written notice to IMG.
- Accounts will be automatically renewed unless canceled in writing prior to the monthly renewal date. Client may terminate his account by providing at least fifteen (15) days' written notice to IMG via e-mail to info@IMG.com. The effective date of termination must be the last day of a billing cycle, and written notification of termination must be received by IMG no less than fifteen (15) days prior to the next billing cycle to be effective on the last day of the current billing cycle.
- The Service is billed in advance on a monthly basis and is non-refundable. Refund is issued for unused months in case of paying on a yearly basis. In that case you will be charged for the used months based on the regular monthly fee.
- Refunds for set-up fees and other customizations ordered by the client and completed by the company will not be issued.
- Cancellation requests must be received before the due date for the next billing cycle.
- IMG, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other IMG service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. IMG reserves the right to refuse service to anyone for any reason at any time.
- IMG reserves the right to terminate your account and deny the Service upon reasonable belief that you have violated the Terms and to terminate temporary your access to the Service in case of unexpected technical issues. We will also terminate your account on your request. Termination of your account will include denial of access to website administration, canceling of your hosting, deletion all your data (such as Customer Data, password, usernames and any data, related to your account) after 30 days of the termination.
DISCLAIMER OF WARRANTIES
- The Services and all information on the Website is provided on an "as is" and "as available" basis.
- IMG does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, Services, information, or other material purchased or obtained by you through the Service will meet your expectations.
- You expressly understand and agree that IMG shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if IMG has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Service.
- If any provision herein is held to be unenforceable, these Terms shall be construed without such provision. The failure by a party to exercise any right herein shall not operate as a waiver of such party's right to exercise such right or any other right in the future.
- It is effective between You and IMG as of the date of You accepting this Agreement.