The
Giants of Marketing terms were last updated 22nd May 2009.
Terms
and Conditions
IMPORTANT!
THESE TERMS AND CONDITIONS (THESE “TERMS AND CONDITIONS”)
GOVERN THE USE OF THE The Giants of Marketing WEB SITE,
MATERIALS AND SERVICES BY YOU AND YOUR EMPLOYEES AND AGENTS
(COLLECTIVELY REFERRED TO AS “YOU”). BY USING
THE WEB SITE/MATERIALS/SERVICES, YOU AGREE TO ALL OF THE
PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS.
The Giants of Marketing RESERVES THE RIGHT TO CHANGE THESE
TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION.
YOUR USE OF THE WEB SITE/MATERIALS/SERVICES AFTER SUCH CHANGES
ARE POSTED TO THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF
THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY
ORDER
ACCEPTANCE POLICY
Your
receipt of an electronic or other form of order confirmation
does not signify our acceptance of your order, nor does
it constitute confirmation of the order or our offer to
sell. We reserve the right, in our sole discretion, without
prior notification, to accept or decline your order or limit
the order quantity for any reason. For credit card payments,
such payment is subject to the approval of the financial
institution issuing the credit card and we shall not be
liable in any way if such financial institution refuses
to accept or honor the credit card for any reason. We may
require, at our option, that any order placed over certain
dollar amounts receive our pre-approval. We also may require
additional verification or information before accepting
any order.
Acceptance
of Contractual Agreement
1.
Client agrees that by placing an order either by means of
electronic ordering (web order form) or submitting a written
contract, and receipt of such order by The Giants of Marketing,
that you are agreeing to our TOS, AUP, and SLA. No modifications
of said contract by customer are allowed.
2.
The Giants of Marketing will provide, and Customer will
purchase and pay for, the Services, and service fees specified
in the Order for the applicable Service Description. Customer
acknowledges that the service and service fees have been
communicated to the customer, and that he/she is aware of
all applicable charges as per contract, AUP, SLA, and TOS.
Customer also understands that any promotional offers unless
specified in contractual terms will not be applicable to
their individual service.
3.
In connection with any Hosting Services, if Customer’s
actual bandwidth or disk usage in any month exceeds allotted
amount, specified in Customer’s contract, Customer
will pay The Giants of Marketing any additional fees as
specified in the Service Description. If you do not pay,
The Giants of Marketing will suspend your account until
payment is received.
Payment:
Establishment of this service is contingent upon receipt
of payment from Customer to The Giants of Marketing. Subsequent
payments are due on the anniversary date of the month for
that month’s service, unless customer requests all
monthly payments to be consolidated to one specific billing
date.
Payments
and Fees:
Payment is due on the defined monthly recurring billing
date of each month. Credit cards that are declined for any
reason are subject to a $10.00 declination fee. Service
will be interrupted on accounts that reach 7 days past due.
Service interrupted for non-payment is subject to a $10.00
reconnect charge. Accounts not paid by due date are subject
to a $5.00 late fee.
Delinquent
Accounts:
The Giants of Marketing may temporarily deny service or
terminate this Agreement upon failure of Customer to pay
charges when due. Such termination or denial will not relieve
Customer of responsibility for the payment of all accrued
service fees, or any collection fees.
ACCEPTANCE
OF TERMS
The Giants of Marketing (”The Giants of Marketing”)
makes available for your use on this Web site (the “Site”)
information, documents, software and products (collectively,
the “Materials”) and various services operated
by The Giants of Marketing (collectively, the “Services”),
subject to the terms and conditions set forth in this document
(the “Terms of Use”). By accessing or using this
Site, which includes your access to or use of any of the
Services/Materials, you agree to the Terms of Use. The Giants
of Marketing reserves the right to change the Terms of Use
from time to time at its sole discretion. Your use of the
Site will be subject to the most current version of the
Terms of Use posted on the Site at the time of such use.
In addition, when using particular Services or Materials
on this Site, you shall be subject to any posted guidelines
or rules applicable to such Services or Materials that may
contain terms and conditions in addition to those in the
Terms of Use. All such guidelines or rules are hereby incorporated
by reference into the Terms of Use. If you breach any of
the Terms of Use, your authorization to use this Site automatically
terminates and you must immediately destroy any Materials
downloaded or printed from the Site.
Account
Cancellation:
All requests for canceling any service / services must be
made through the The Giants of Marketing Billing Center.
Confirmation receipt of cancellation will be sent within
24 hours.
Refunds
and Disputes:
All payments to The Giants of Marketing are non-refundable.
This includes any setup fees and monthly fees, regardless
of usage. All billing disputes must be reported within 30
days of the time the dispute occurred. Disputed charges
to your credit card issuer, also known as chargebacks, under
the terms and conditions of our SLA, AUP, and TOS, will
result in service interruption, as well as reconnection
fees to restore the desired service.
ACCEPTABLE
USE
You may not take any action that violates our Acceptable
Use Policy, which can be found here.
LIMITED
LICENSE
Use of certain The Giants of Marketing services grants a
limited licence to use various software products, including
cPanel, Directadmin and Clientexec, this list is not exhaustive.
The limited licence allows you, the customer, to make use
of such software, up to the limits of your service, for
as long as your service is current and up to date. Upon
termination of your service your right to use such software
is also terminated and any licence keys, serial codes etc.
should be returned to The Giants of Marketing and no longer
used. The limited licence grants rights to use such software
on The Giants of Marketing equipment only and the licence
cannot be used on any other equipment.
LICENSE
FOR USER CONTENT
Certain Services offered on this Site accommodate or require
user-supplied information, materials or communications (collectively,
‘User Content’). Depending upon the nature of
the Service, by submitting User Content to this Site you
grant The Giants of Marketing one of the following two types
of licenses:
1.
For User Content that is the result of your creative efforts,
such as examples of work you have done using The Giants
of Marketing products, you hereby grant The Giants of Marketing
a worldwide, royalty-free, non-exclusive license to reproduce
and modify (for purposes of formatting, maintenance or Site
administration only) such User Content. You also grant The
Giants of Marketing the right to distribute and publicly
display and perform such User Content for the purpose for
which such User Content was submitted to the Service. This
license will be in effect until such User Content is removed
from the Site.
2.
For User Content such as comments to the The Giants of Marketing
User to User Forums, Knowledge base, you grant The Giants
of Marketing an unrestricted, worldwide, irrevocable license
to use, reproduce, display, perform, modify, transmit and
distribute such User Content, and you also agree that The
Giants of Marketing is free to use any ideas, concepts,
know-how or techniques that you send us for any purpose.
However, we will not release your name or otherwise publicize
the fact that you submitted such User Content to us unless:
(a) we first notify you that the User Content you submit
to a particular part of the Site will be published or otherwise
used with your name on it; or (b) we are required to do
so by law.
PRIVACY
POLICY
The Giants of Marketing collects, stores and uses data collected
from You in accordance with the Company’s Privacy Policy.
Please
note, when you sign-up for service with a The Giants of
Marketing branded company (The Giants of Marketing, JVA
Net, etc) you are opted in to our regular newsletter and
customer update email notifications which is sent to customers
on a regular basis. You can opt-out of the newsletter at
anytime by clicking on the “opt-out” link that
is sent with every email we send.
We
will not sell, rent or lease to others telephone numbers
or e-mail addresses. We will share the personal data you
provide only with other The Giants of Marketing entities
and/or business partners who are acting on our behalf for
the uses described above, except as provided below (see
Consent).
USE
AND PROTECTION OF USERNAME AND PASSWORD
You are responsible for maintaining the confidentiality
of your username and/or password, if applicable. You are
responsible for all uses of your account, whether or not
actually or expressly authorized by you.
WARRANTIES
AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT
BETWEEN YOU AND The Giants of Marketing, ALL MATERIALS AND
SERVICES ON THIS SITE ARE PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, The Giants
of Marketing MAKES NO WARRANTY THAT (i) THE SERVICES AND
MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES
AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE,
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM
THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS
IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES
ARE LIMITED TO NINETY (90) DAYS.
THIS
SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES
OR TYPOGRAPHICAL ERRORS. The Giants of Marketing MAY MAKE
CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING
THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN,
AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT
THIS SITE MAY BE OUT OF DATE, AND The Giants of Marketing
MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
The
Giants of Marketing ASSUMES NO RESPONSIBILITY FOR ERRORS
OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS
AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS
SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND
PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED.
IN
NO EVENT SHALL The Giants of Marketing OR ITS SUPPLIERS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND,
OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
OR NOT The Giants of Marketing HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING
OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF
ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
THE
USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION
OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
The Giants of Marketing OR THROUGH OR FROM THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF
USE.
This
Site contains links to third-party Web sites that are not
under the control of The Giants of Marketing. The Giants
of Marketing makes no representations whatsoever about any
other Web site to which you may have access through this
Site. When you access a non-The Giants of Marketing Web
site, you do so at your own risk and The Giants of Marketing
is not responsible for the accuracy or reliability of any
information, data, opinions, advice, or statements made
on these sites or for the quality of any products or services
available on such sites. The Giants of Marketing provides
these links merely as a convenience and the inclusion of
such links does not imply that The Giants of Marketing endorses
or accepts any responsibility for the content or uses of
such Web sites.
This
Site can be accessed from other countries around the world
and may contain references to The Giants of Marketing products,
services, and programs that have not been announced in your
country. These references do not imply that The Giants of
Marketing intends to announce such products, services or
programs in your country.
Entire
Agreement; Amendments
These Terms and Conditions, together with the Acceptable
Use Policy and the Privacy Policy, supersede any prior discussions,
negotiations and agreements between the parties with respect
to the subject matter hereof, and these Terms and Conditions,
together with the Acceptable Use Policy and the Privacy
Policy, constitute the sole and entire agreement between
the parties with respect to the matters covered hereby.
