This Terms of Service Agreement explains the terms and conditions under which you can use the Platform and Services provided by Conscious Web Presence also known as CWP.
Please read this Terms of Service document carefully and keep a copy of it for your reference.
By using CWP's Services or accessing any content or other related internet properties that is made available by CWP you express your agreement to be legally bound by its Terms of Service stated in this document, so please read these Terms carefully before using CWP's Services as you are entering into a binding contract with Conscious Web Presence. If you do not agree with (or cannot comply with) the terms and conditions set forth below, do not use or access CWP's Services.
These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and Sitejet.
1.1 The following definitions explain some of the terminology and abbreviations used throughout the Terms of Service Agreement:
‘Terms/Agreement’ refers to the latest version of thisTerms of Service Agreement document.
‘Site’ refers to the website of Sitejet available at www.sitejet.io or any other URL which may host Sitejet websites or Services.
‘Platform’ refers to Site and Services collectively.
‘User/You’ refers to any person using or accessing the Platform.
‘Sitejet’ is a brand and product/Service owned and provided by Plesk International GmbH, Switzerland and in this Agreement Sitejet refers to the Site, the Platform, the Services that are provided by Plesk International GmbH and its partners and affiliates.
‘Privacy Policy’ refers to Privacy Policy document governing the rules of collecting, using and storing information provided by Users.
‘Third Party’ refers to any application, website, natural or legal entity other than Sitejet.
‘Content’ includes, but is not limited to, information, data, text, photographs, videos, audio clips, artwork, designs, templates, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on the Platform or through the Services.
‘User Data’ refers to the Content provided by Users.
‘Services’ refers to the services provided by Sitejet, through Sitejet as advertised on the Site.
‘Software’ refers to the applications and functionalities provided with the Services.
‘Subscription Period’ refers to the period of time for which your Subscription with Sitejet is active. Domain names may have a different Subscription Period than your other selected Services.
‘Subscription Fee’ refers to the cost of the Subscription for the selected Subscription Period.
‘Effective Date’ refers to the date on which the payment of the Subscription Fee is processed.
‘Information’ refers to information about the Users themselves provided for the purpose of using the Services, contacting support or anonymous statistical information collected from the Users through cookies or Third Party services.
‘Confidential Information’ refers to all information disclosed between the parties of this Agreement in relation to the Services, and especially, without limiting, Content available only for registered Users. Confidential Information does not cover information that was known to either party prior to disclosure, information that was made available to the public or information which is intended and disclosed for the purpose of publishing.
‘Additional Terms’ refers to legal notices or terms with reference to particular features of the Services which may supersede or extend specific terms of this Agreement.
´Payment Method´ refers to credit card, PayPal or any other accepted means of payment as listed on the Site.
‘Designed Website’ refers to all Websites that Users design, create and host through their Sitejet Account(s) and its related Services for themselves or their Customers.
2.1 Sitejet offers a Platform through which Users are able to utilize online Software, design, create and host Designed Websites for themselves and their Customers, and other services as described on the Site. Access to these Services is available upon registration which is done through proper forms on the Site. Users may use the Services of Sitejet for their personal benefits or internal business use in their organization as long as they are in compliance with all terms and provisions of this Agreement.
2.2 Sitejet cannot guarantee or warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Sitejet will undertake and implement all reasonable measures to maintain the security and integrity of the Content provided by Users. Services may be down (i) for scheduled maintenance, (ii) force majeure events, (iii) for specific Users because of the account suspension or termination, (iv) internet problems outside of Sitejet area of influence, (v) bugs in code, hardware or Services without a commercially known fix.
2.3 During the Subscription Period, Sitejet undertakes to provide customer support to the User as necessary and within its possibilities. Users agree that Sitejet is not responsible for issues whose cause does not come out of the Services, Software or Platform.
2.4 By registering for the use of the Services, you confirm that you are at least 18 years of age. Sitejet may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. By using the Services, you confirm that (i) you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service and have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, current, and complete information where requested, and information which is otherwise compatible with these Terms and maintain the accuracy of these information, (iii) that you will not use Services contrary to these Terms or applicable laws or regulations. If you are accessing the Services on behalf of a legal entity, you further confirm that (i) you have the appropriate authorization to accept the terms of this Agreement on behalf of such legal entity and to bind such legal entity by accepting this Agreement, (ii) you agree that the terms “you” and “your” in this Agreement refers to your company or legal entity, (iii) and such legal entity on behalf of whom you accept this Agreement has full power to enter into this Agreement and to perform obligations as defined herein.
2.5 Sitejet may not control who uses the Platform, so you are solely responsible for ensuring that these Terms of Service and your use of the Services (i) are in compliance with all laws, rules and regulations applicable to you and (ii) do not violate any other agreement to which you are a party. Whenever you are using the Platform, you will need to comply with these Terms and any applicable laws, regulations, and policies. If any part of the Platform is not in compliance with your local laws, you may not use the Platform. Any such Service will be considered as ‘not available in your region.’ If these Terms of Service or the use of the Services is prohibited or extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation, the right to access the Services of Sitejet is revoke.
2.6 During the registration process, you will be asked to provide some personal information, the collection, use, and storage of which is regulated by the Privacy Policy document and applicable laws. You are required to provide true, accurate, current and complete information about yourself as prompted by forms provided and keep those information updated. If you provide information contrary to aforementioned conditions, Sitejet may deny you or terminate your access to all or parts of the Services. Sitejet is not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete.
2.7 You understand that it is your responsibility to keep your log in information secure and confidential. You are responsible for all activity that occurs on your account, therefore you should always log out at the end of each session and are not allowed to transfer your user account on the Services of Sitejet to any other party without its prior written consent. You should never publish, distribute or post login information for your Account. You must notify Sitejet immediately of any change in your eligibility to use the Services or breach of security or unauthorized use of your Account. You have the ability to delete your Account, either directly or through a request made to one of Sitejet’s employees or affiliates, but Account deletion requests are subject to any Additional Terms governing use of any Paid Services as defined below for which you have signed up.
2.8 Users are able to choose the duration of their Subscription Period as described on the Site. Subscription Period starts on the Effective Date, and ends on the same day in the month in which the selected duration of Subscription Period expires. In case the month in which the Subscription Period expires does not have the date which matches Effective Date, Subscription Period will end on the last day in that month.
2.9 Subscription Period will automatically renew at the end of the current Subscription Period. Renewed Subscription Period will be by default for the same duration as the current Subscription Period. If you want to discontinue or stop using Sitejet’s Services you may do so by indicating this in your Account settings, in which case you will be able to use the Services until the end of the current billing cycle. While you may cancel any Paid Services at any time, you won't be issued a refund except in Sitejet’s sole discretion, or if legally required.
2.10 Sitejet may offer a free trial period for using the Services or free access to Services which are not covered by the Subscription plan. During this period Sitejet may limit your access to selected functions. Any unused portion of a free trial period, if offered, will be forfeited when the User purchases a Subscription.
2.11 By providing Sitejet with your email address, you agree that Sitejet may contact you using such contact information, for any matters relating to the Services (“Service emails”). These emails do not constitute “unsolicited commercial email advertisements,” and you are not able to opt-out of receiving them. You may opt-in or subscribe to receive emails about content, promotions, special offers and or other topics of interest related to Sitejet and its affiliates (“Promotional emails”). You may choose to stop receiving these promotional emails at any time by following the instructions contained in promotional emails.
2.12 If you have any question or suggestion you can contact Sitejet at legal@sitejet.io.
3.1 You agree that you will not misuse the Platform. A misuse constitutes any use, access or interference with the Platform contrary to Terms, Privacy Policy, Additional Terms and applicable laws and regulations. Sitejet can, in its sole discretion, suspend or terminate access to all or parts of the Platform to any User, without prior notice or need to deliberate on reasons for such measure. Sitejet reserves the right to deny Services to anyone at any time. During your use of the Platform, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do any of the following:
(i) send or otherwise post unauthorized commercial communications (such as spam) through the Platform;
(ii) collect Users' content or information, or otherwise access the Platform using automated means (such as harvesting bots, robots, spiders, or scrapers) without Sitejet’s permission;
(iii) upload viruses or other malicious code;
(iv) bully, intimidate, or harass any other User;
(v) publish, post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to Third Parties;
(vi) harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Platform;
(vii) take any action creating a disproportionately large usage load on the Platform unless expressly permitted by Sitejet;
(viii) publish, post or transmit content that is misleading.
(ix) communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;
(x) encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Platform;
(xi) publish, post or transmit hyperlinks to other websites that violate these Terms;
(xii) facilitate or encourage any violation of these Terms;
(xiii) interfere, disrupt, impair or create an undue burden on the Services or the networks or services connected to the Services;
(xiv) constitute or contribute to a crime or tort;
(xv) solicit or post personal identifying information from other Users, or knowingly
collects any information from minors under the age of 13;
(xvi) solicit login information or accessing an account belonging to someone else;
(xvii) attempt to impersonate another person or entity, including, but not limited to, a
Member or Sitejet official, to falsely state or otherwise misrepresent your
affiliation with a person or entity;
(xviii) provide false personal information or creates an account for
anyone other than yourself without permission;
(xix) involve in selling or otherwise transferring your account without Sitejet’s prior
permission.
3.2 Users are solely responsible for their own User Data and the consequences of making the Data available to Third Parties.
3.3 If for any reason, your Account, or any part thereof, is suspended, banned, restricted, blocked, terminated or otherwise disabled by Sitejet, you agree to abide by such decision. You may not create another account with the intent to bypass these limitations or attempt to circumvent any limitation imposed on your account without Sitejet’s permission. Any effort to evade these limitations may result in the termination of all current and future accounts you register.
4.1 All of Sitejet’s Services and associated codes, including but not limited to the following, are the copyrighted limited intellectual property of Sitejet and may not be redistributed, repackaged or used in any fashion other than as provided and explicitly set forth in this Agreement: CSS, HTML and JavaScript code which constitutes the code of the presets, templates and themes which you use to create Designed Websites for you and your Customers. The code and its components are Sitejet's property and may not be copied and/or hosted by another hosting provider without Sitejet's written consent, even if the code has been modified by you.
4.2 Subject to your compliance with this Agreement, Sitejet grants you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Platform and the Software. Except as expressly permitted in this Agreement, you may not:
4.3 Sitejet hereby further grants you a limited, non-exclusive, transferable, sub licensable license to use, copy, modify, or create derivative works based on the Content generated as a result of your use of the Services, including generated Designed Websites, and designs as long as an active Subscription exists.
4.4 The copyright and all intellectual property rights in the Platform belong to Sitejet or are used with appropriate permissions. It includes, but is not limited to, designs, all database rights, trademarks, text, graphics, code, file and links, service marks, and the selection and set up thereof. All rights are reserved. Nothing in this agreement shall be understood or intended for transfer of such intellectual property rights to you or any other Third Party.
4.5 If you believe that your work has been copied by Third Parties in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site or the App;
4. Your name, address, telephone number and e-mail address;
5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
4.6 You can send your notification of infringement to the following address:
Email: legal@sitejet.io
4.7 Users and their Customers retain all rights, title, and interest in the User Data they provide through the Platform. By providing the User Data, Users grant Sitejet a limited, non-exclusive, royalty-free, perpetual, transferable license to host, reproduce, and process such User Data for the sole purpose of providing the Services or customer support. Sitejet shall not use User Data contrary to these Terms.
4.8 Considering how Sitejet does not monitor the content of the User Data, therefore Sitejet under no circumstances takes responsibility for your Designed Websites and any .Content that may be displayed on those Websites. You agree to inform Sitejet immediately if you come across any illegal activity, activity that is in breach of these Terms, or activity you suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable. Although Sitejet expressly prohibits uploading of any User Data which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to Third Parties, Sitejet does not pre-screen the content, so you hereby agree that you may be exposed to any such content and that you use the Platform at your own risk. Sitejet reserves the right, but has no obligation, to remove any content which Sitejet finds to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasoning for such action. You recognize and concur that Sitejet bears no obligation regarding the risk, harm, damage, or loss that might emerge from content submitted to or distributed on the Platform.
4.9 As a creator and provider of Designed Websites using Sitejet, you and your authorized representatives and administrators will have access to personal data of your Customers, along with certain information, Content and data provided or collected during their registration and use of your Designed Website (“Customer Data“). You should, according to the requirements of your legislation, provide a privacy policy for your Designed Website and your services. As part of Sitejet’s Services you may also have access to certain Visitor data of your Designed Websites. Sitejet recommends to inform your Customers about the importance of a privacy policy for their website visitors as it may be required by their legislation.
4.10 Some content on the Platform, such as advertisement, may be provided by the Third Parties. Sitejet is not responsible for such content, nor does Sitejet monitor or control content provided by the Third Parties.
4.11 Sitejet’s Services enable you to embed Content such as images, animations, videos, audio or fonts into your Designed Websites. You have the responsibility to ensure that all Content, also when provided by Third Parties, complies with this Agreement and any terms and conditions or other related regulations by the respective Third Party.
4. 12 You understand that any embedded Third Party Content may be protected by Third Party rights. If you use Third Party Content, you must ensure that you have the appropriate permissions, licenses, usage rights or any other needed requirement for Fair Use to display that Content.
4.13 If you are using Sitejet’s Services for transferring an existing website into Sitejet, you understand and accept that some Content may not completely transfer to Sitejet or may be transformed or adjusted during the process of migration and that Sitejet shall not be responsible for any kind of transformation or loss of such Content. You understand and accept the risks regarding the migration of existing websites and do not hold Sitejet accountable for any changes or a decrease concerning the website’s rankings, or traffic as well as any other related impact on your Customers or your own business or website.
4.14 During the term of this Agreement, Users may be required to provide or volunteer to provide certain Confidential Information to Sitejet and Sitejet may disclose certain Confidential Information to the Users. Regarding such information both parties hereby agree (i) to keep Confidential Information in strict confidence, (ii) to undertake all reasonable measures to protect the confidence of Confidential Information, (iii) not to disclose, or otherwise make available, Confidential Information to any Third Party without obtaining prior written consent, (iv) to use Confidential Information only for the purposes intended, (v) to return all Confidential Information and any and all copies, extracts or derivative works resulted from Confidential Information upon written request or upon termination of the Agreement, and to destroy or erase all remaining copies of the Confidential Information regardless of the form or media on which the Confidential Information is stored.
4.15 If you submit suggestions, comments or any other kind of feedback regarding Sitejet's existing features and Services or if you provide ideas and suggestions for improvements ("Feedback"), you accept that any submitted Feedback is exclusively owned by Sitejet, even after this Agreement is terminated. By submitting Feedback to Sitejet you acknowledge that your Feedback is gratuitous, unsolicited, without restriction and free of any compensation. You hereby agree and understand that you automatically forfeit your right to any intellectual property rights and entitle Sitejet to use such Feedback for improving its Services in various ways such as development of features or customer support. In addition, you accept that any contact between you and Sitejet such as emails or messenger history becomes Sitejet’s sole and exclusive property.
5.1 By using the Services, you agree to pay all associated fees. Sitejet works hard to ensure a reliable service without any interruption due to the lapse of any particular Subscription Period, therefore the Services operate with automatic renewal, on a recurring-fees basis according to the Subscription and payment plan you choose. A description of the currently available prices for the Services is listed on the Site. It is hereby clarified, that all rates and fees in connection with the Services or otherwise, exclude all taxes, duties, levies, fees, charges or tolls imposed by applicable taxing authorities, and you shall be fully responsible and liable in connection with payment of such taxes, duties, levies, fees, charges or tolls. You hereby agree to pay for any such taxes, duties, levies, fees, charges or tolls that might be applicable due to your use of the Services and payments made by you to Sitejet. If Sitejet has a legal obligation to collect and/or pay indirect taxes (like value-added tax or goods and services tax) on the sale to you considering the laws of your country (which means where you are consolidate, have a permanent address or usually reside), you shall be liable for payment of any such indirect taxes. Where Sitejet does not have a legal obligation to collect or pay such indirect taxes on a sale of Paid Services to you, you may be required to self-assess those taxes considering the applicable laws of your country. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms of Services.
5.2 When subscribing on the Site, you can choose a Payment Method. If you are paying by credit card or PayPal or any other Payment Method, you must provide valid and current information necessary to process the payment. You agree and authorize Sitejet to charge your credit card, your PayPal account or any other payment means for all fees and rates payable during your use of the Services.
5.3 Subscription Fees are calculated in the moment you are submitting the registration on the Site. Subscription Fees will vary as you add or remove items from your Account. Subscription Fees for the current Subscription Period will not be affected by the Service price changes as described in article 5.6 of this Agreement.
5.4 You authorize and agree that Sitejet charges your selected Payment Method for the Subscription Fee at the expiry of the current Subscription Period unless you terminated the selected Services or your Account in the moment of payment processing.
5.5 If any amount owed is not paid by the due date Sitejet reserves the right to charge an interest on the due amount at the rate of 1.5% per month or maximum allowed interest rate under the law, whichever is less.
5.6 Due to possible economic changes or technical developments Sitejet reserves the right to change prices or charge a price for a Service that was previously offered for free at any time, by publishing the revised rates on the Site. Such changes will not affect the fees of currently selected Services and items, but may occur for other Services or items which are added after the new pricing came into effect.
5.7 You have the right to upgrade or downgrade a current plan at any time by selecting a new plan among available plans on the Site. You are aware that a downgrade of a current Plan may lead to a loss of features or capacity of your Account, as well as a possible loss of Customer Data.
5.8 All products and Services are not eligible for refund, unless otherwise provided by law, including but not limited to, set-up fees, annual or one-time fees as well as domain and other hosting fees.
5.9 Sitejet may use Third Party providers to handle its payment processes. You understand and accept that when a payment process is executed by a Third Party, payment and related information such as the usage of your Personal Information is also subject to the terms and conditions and privacy policy of that Third Party. Sitejet recommends to review the terms and conditions and privacy policy of such Third Parties before using their Services and submitting any Personal Data.
6.1 The Services may be made available or accessed in connection with Third Party services and content (including advertising and domain registrars) that Sitejet does not control. You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled with certain Sitejet Services, offered separately by Sitejet or otherwise offered anywhere on the Services), Sitejet 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. Sitejet 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.
6.2 Some of the Services may be dependent on the Third Party Service provider or may entirely be provided by the Third Party Service provider. You understand and agree that Sitejet bears no responsibility over the availability of such Services and that in case of such Services Sitejet acts only as an intermediary. Sitejet grants no warranties as to the availability of such Services or fitness for a particular purpose.
6.3 If you use any of these Third Parties, you do so at your own risk and responsibility. Sitejet recommends that you read and familiarize yourself with the terms and conditions and privacy policy of any Third Party you intend to use, as the usage may be governed by such Third Party’s policies, terms and conditions.
6.4 The Site may display links or references to Third Party websites. Sitejet may add new links and remove others over time. You are aware that visiting these links is at your own risk and responsibility and that you should review the terms and conditions and privacy policies of these Third Parties. Sitejet does not review, monitor, support or grant any warranties with respect to such websites, therefore Sitejet shall under no circumstances be liable for the accessibility, the content or the service with regard to these websites or your use of such websites.
6.5 You understand and are aware that Sitejet may interrupt, disable, or completely remove Third Party access to your Account or Sitejet's Services under certain circumstances. This is done at Sitejet's sole discretion, whether or not the Third Party services are linked to your Account or your Designed Websites at that time. Sitejet shall have no liability to you, your Customers or Visitors of your Designed Websites.
6.6 For further information with regard to Domain Registration please carefully read Sitejet’s Domain Registration Agreement.
7.1 You acknowledge and accept that your use of sitejet.io and all its elements and contents including, but not limited to all website code, platform code, APIs, Services, Third Party software, applications and content is at your own risk and responsibility. You understand and agree that sitejet.io, its Services, all website code, platform code, Third Party software, and content are provided “as is” and “as available” with no warranties of any kind, whether expressed or implied, including, but not limited to warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, freedom of interruption, performance, system integration, viruses or other defects and non-infringement. Sitejet, its employees, suppliers, licensors, partners, contractors and successors do not guarantee that sitejet.io or any of its Services, all website code, platform code, Third Party software and content will be uninterrupted, timely, secure, error-free, free of viruses or other harmful defects or that defects will be corrected. Sitejet cannot and does not grant any guarantee regarding any specific outcome of your use of Sitejet e.g. traffic on your Designed Websites or the compatibility of Sitejet's Services or Platform with any (Third Party) applications, software, content or technology.
7.2 To the fullest extent permitted by applicable law Sitejet, its employees, suppliers, licensors, partners, contractors and successors take no liability or responsibility for any damages, costs, losses, mistakes or errors resulting from the use or access of Sitejet and its Services including, but not limited to: (i) any kind of damage to your property, (ii) any unauthorized access to or use of Sitejet's secure servers (iii) loss of or damage to data, (iv) any interruption or delays of transmission when using Sitejet's Services (v) any viruses, bugs or other harmful defects, (vi) Content that is published by you, your Customers or Visitors which may be illegal or which violates the rights of a Third Party and/or (vii) the use of Third Party applications or services by you, your Customers and users or Sitejet on your behalf.
7.3 Sitejet is not responsible for the conduct of any user on sitejet.io, platform, applications or websites and assumes no liability thereby.
8.1 You will indemnify and hold harmless Sitejet, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and the Services, content which you provide, or your violation of these Terms.
9.1 You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with Sitejet Service is to stop using the Services.
9.2 To the fullest extent permitted by applicable law Sitejet, its employees, officers, agents, affiliates, successors, suppliers, assignees or licensors shall not be liable for any indirect, special, incidental, punitive, exemplary or consequential damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, arising out of your access or use or inability to access or use the platform, Third Party applications or Third Party application content, including without limitation any offensive or illegal conduct of other users of the platform, regardless of legal theory, even if Sitejet has been advised of the possibility of those damages and even if a remedy fails of its essential purpose.
9.3 You acknowledge and agree that these limitations apply even if the damages are caused by products or services which are provided by Third Parties, whether a Third Party was promoted by Sitejet or sitejet.io or by any other website.
9.4 Sitejet, its employees, agents, and its directors do not accept any liability and you hereby agree to release Sitejet of any liability arising (whether directly or indirectly) out of the information provided through the Platform, or any errors, in or omissions from information on the Platform. Sitejet is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Site, nor caused by the delay, malfunction of the operation or the availability of the Platform.
10.1 To the fullest extent permitted by applicable law and except as otherwise provided in this Agreement, you agree during the term of this Agreement, that Sitejet may change or modify the terms and conditions of this Agreement, and/or change part of the services provided under this Agreement at any time without any claim to compensation or special termination right for you. Sitejet will post such changes, replacements and updates on the Platform and such change, replacement and update to the Terms of Service Agreement will take effect immediately upon posting. You are consenting to keep yourself up to date with the latest posted terms of service agreement and you accept and are bound by such change, replacement and update if you access or use the Services after Sitejet have posted updated Terms of Service.
10.2 You understand and agree that any of these Terms may be extended and/or superseded by Additional Terms such as the Domain Registration Agreement. These Additional Terms will be made available through the Site or any other of Sitejet’s internet properties and are considered part of this Agreement.
11.1 Sitejet may terminate this agreement with notice and with immediate effect if User:
(i) breaches this Agreement;
(ii) fails to make due payments;
(iii) misuses the Services or uses Services contrary to Acceptable Use policy;
(iv) engages in fraudulent or illegal activities.
11.2 Upon termination of this Agreement, User will not be able to use the Services and Sitejet may immediately delete any User Data on the Platform. If the Agreement has been terminated, user shall be liable to pay to Sitejet any outstanding fees due for payment immediately. Sitejet shall not be responsible for any damage caused by the termination of this Agreement.
11.3 This Agreement is effective as long as you are using the Services of Sitejet and the Agreement is automatically terminated at the expiry of your Subscription Period.
12.1 This Agreement shall be governed by and construed under the laws of Switzerland, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in Switzerland by the Swiss residents. You agree that if you have any dispute with Sitejet you will contact Sitejet in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the exclusive jurisdiction of the official courts in Switzerland.
13.1 Publicity. All media releases, public announcements and public disclosures by the User relating to this Agreement or its subject matter, including promotional or marketing material, shall be coordinated with and approved by Sitejet and User prior to release. Users hereby grant Sitejet the right to display User’s logo, marks or other information on the Site or any other marketing material as a reference. User may publish Sitejet logo insofar where necessary to identify the User as a client of Sitejet. Sitejet may request that User removes Sitejet’s logos from their respective Designed Websites, and Users agree to comply immediately upon reception of such request.
13.2 Assignment. Either party may only assign or transfer its rights or obligations under this Agreement with the other party’s prior written consent (such consent not to be unreasonably withheld).
13.3 Entire Agreement. The terms of this Agreement constitute the entire agreement between the parties regarding its subject matter and supersede and replace any and all prior agreements, understandings or arrangements between the parties, whether oral or in writing, with respect to the same. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Agreement (unless such untrue statement was made fraudulently) and that party's only remedies shall be for breach of contract as provided in this Agreement.
13.4 Severance. If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.
13.5 Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.
13.6 Force Majeure. For the purpose of this Agreement Force Majeure Event shall mean any event arising that is beyond the reasonable control of the affected party (including any industrial dispute affecting any Third Party, governmental regulations, fire, flood, disaster, civil riot or war). A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay to perform its obligations under this Agreement shall forthwith notify the other, and shall inform the other of the period for which it is estimated that such failure or delay shall continue. The affected party shall take reasonable steps to mitigate the effect of the Force Majeure Event.
13.7 Waiver. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.
13.8 Miscellaneous. You agree that no joint venture, partnership, employment, franchise or agency relationship exists between you and Sitejet as a result of the use of the Site or the Services.
13.9 Language. These Terms may be available on multiple languages, however English version will be considered as the authentic and official version.