Terms of Services
By using customi.com services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. customi.com reserves the right to change, modify, add or remove portions of these Terms of Service at any time without any notice. Your continued use of customi.com services will mean that you accept and agree to the changes.
customi.com services will provide ongoing set of services including, but not limited to, the following products:
- Website design
- Copy writing and editing
- Social media profile creation and posting
- Domain registration
- Search engine optimization
- Listing management
- Managed website security and backup
- Website performance monitoring
- Managed hosting
- Social review monitoring
LIMITATIONS OF SCOPE
customi.com will not be responsible for work that is beyond the scope of services set forth in the subscription plan in effect at the time Client initiates the service. Any changes to the scope of services will not be effective unless approved by both parties.
customi.com will provide certain tools, methods and resources to Client that are intended to help Client grow and build its business. However, Client is fully and exclusively responsible for its own business performance and Client satisfaction. In addition, Client has full and exclusive responsibility for understanding and ensuring compliance with any regulatory, legal or contractual obligations related to Client’s business, including without limitation, data held by Client and its Clients, information provided by Client to Clients and/or other third parties and any safeguarding and security measures that may be required. customi.com may participate in implementing needed systems services and functions, but Client is solely responsible for the final outcomes, actions taken and results produced.
All content produced by customi.com within the scope of Services including software and web code, contents, graphics and design, or material developed or licensed by customi.com for Client as part of the Services is copyrighted by customi.com and remains the exclusive property of customi.com. Upon termination of this Agreement copyrights shall remain with customi.com. After twelve months of service and full payment if Client chooses to cancel this agreement per the conditions in “TERM/TERMINATION” section below all customi.com copyrighted content, EXCEPT software, web code, WordPress themes and plug-ins, PSD files and other files or code used to create the Client website and newsletter can be used indefinitely by Client for their company website, newsletter and other marketing collateral. This use will be restricted to the Client company use only and Client does not have any rights to resell, license or otherwise allow 3rd parties use of the content.
In the event customi.com ceases business operations and providing the services described in this agreement all customi.com copyrighted content, EXCEPT software, web code, WordPress themes and plug-ins, PSD files and other files or code used to create the Client website and newsletter can be used indefinitely by Client for their company website, newsletter and other marketing collateral. This use will be restricted to the Client company use only and Client does not have any rights to resell, license or otherwise allow 3rd parties use of the content.
Customer hereby acknowledges and agrees that customi.com shall have the right to use the name of Client, including the Client Web Site, for reference as a customer of customi.com services for referral and marketing purposes.
Except for reasons of non-performance by either party, this Agreement shall remain in effect until formally terminated in writing by either party. customi.com will start subscription billing to Client beginning the date (“Renewal Date”) client agrees to these terms of services and it shall automatically renew for subsequent one (1) month periods until it is formally terminated in writing or email. Termination of this Agreement requires written or email notice delivered thirty (30) days prior to the desired date of termination. A repeated failure to make payment by date due during any period gives customi.com the option for immediate termination. Upon the expiration or termination of this Agreement for non-payment or non-performance by client, (i) all licenses granted by customi.com to Client hereunder shall automatically terminate and Client shall immediately cease its use of the licensed content and other provided marketing collateral, and (ii) Client’s right to the Services afforded to customi.com’s Clients shall automatically terminate.
PAYMENT FOR SERVICES
Customer shall pay all amounts due under this agreement by automatic credit card, PayPal, or ACH (bank transfer) transactions. Checks are accepted for yearly payments. Invoices are electronically issued each month. Fees are due on the renewal date or in advance of each cycle set by a specific service description. Customer agrees to pay all charges associated with international transfers of funds. customi.com reserves the right to assess interest on all overdue debts at the rate of 1.5% per month or part of a month. We reserve the right to refuse completion or delivery of work until past due balances are paid.
customi.com shall provide its services and meet its obligations under this Agreement in a timely and professional manner, using knowledge and skills consistent with generally acceptable standards in customi.com’s industry, and will provide a standard of care based on commercially reasonable efforts. The services and all products provided as part of the services are provided “as is” and customi.com disclaims, and client waives, any warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty or representation related to the services. customi.com does not warrant that the software or any products or services provided hereunder will be uninterrupted or error-free. Under no circumstances, including negligence, shall the Company be liable for any direct, incidental, special or consequential damages or otherwise, including any damages that result from the use of or inability to use the Website. The Company shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
LIMITATIONS OF LIABILITY
Except to the extent finally determined to have resulted from the gross negligence or intentional misconduct of customi.com, customi.com’s liability to pay damages for any losses incurred by client as a result of breach of contract, negligence or other tort committed by customi.com, regardless of the theory of liability asserted, is limited to no more than the total amount of the most recent three (3) months of base fees paid under this agreement. In any case, customi.com and its licensors will not be liable for lost profits or any consequential, indirect, punitive, exemplary or special damages. In addition, customi.com shall have no liability to client arising from or relating to any third party hardware, software, information or materials. customi.com is also not liable for direct or indirect damages created by viruses, hackers or other malicious or accidental destruction of systems or data, though customi.com will attempt to prevent or minimize exposure to such risks.
Customer hereby acknowledges and agrees to indemnify, defend and hold harmless customi.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or customer’s violation of any law or the rights of a third-party.
These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of the United States and with the laws of the State of California without regard to its conflicts of laws provisions. CUSTOMi is a dba of CUSTOMi,1540 Market Street, Suite 100 San Francisco, CA 94102, USA.