Terms of Service
DEFINITION OF OUR TERMINOLOGY AS USED WITHIN THIS DOCUMENT:
- A ‘Project’ is any work undertaken or service provided by Xoopah for the Client on their request and as described in our confirmation order email to that Client.
- A ‘Client’ is a person, persons, business or organization using any of the services provided by Xoopah.
- ‘Live Mode’ means the date at which the website is available on the Client’s chosen domain.
- ‘Domain’ is the website address as specified by the Client.
- ‘Open Source Software’ is a software that is made freely available to anyone under the General Public License (GPL).
- ‘Content’ comprises of both the text and the images which the Client requires on the website.
- ‘MB’ stands for megabytes and is a measure of storage space.
Xoopah is designed for people who are looking for assisted website development. All websites will be designed and developed by a team of professionals, with the guidance from our clients so that we can turn their ideas in to their dream website.
Our innovative, easy to use system makes it possible for our clients to communicate with their assigned Project Managers who are always available for assistance via e-mail. Our support team is also available not only by e-mail, but also through live chat and phone support.
To begin the process, simply get started by finding your dream domain. Fill out our Xoopah Form and choose from the Standard ($499) or Ultimate ($999) packages after which you may place your order. Following the order placement and payment, our team will immediately start working on your website and set up a live preview within 5 working days. Once the design and content are approved, our team will take your website live on your domain. One month after your order is placed, we will start charging your card $20 per month as our Service Fee (Hosting and maintenance of your website). There is no long-term contract and no hidden fees. Your card will be charged by Xoopah.com LLC. You may update your payment information or cancel your subscription at any time by calling our customer support toll-free at 888-207-0567 or by emailing us at email@example.com
- Xoopah will only commence work on a Project after receiving 100% of the Project fees from the Client.
- The deposit paid to Xoopah covers the cost of the design work carried out, as well as any admin work and communication with Xoopah. The 100% money back guarantee is applicable till the approval of the design by the Client. Once the design is approved, money will not be refunded to the Client.
- If the Client cancels the order after purchasing a domain, we will deduct a domain fee of $15 from the refund amount.
- No refunds will be issued for website orders after 10 days of the order creation.
YOUR WEBSITE CONTENT
Except for material that we license to you, we do not claim ownership of the content you provide. Your content remains your content. We also do not control, verify, or endorse the content that you make available. You are in control of who may access your content. If you share content in public areas or shared areas available to others you’ve chosen, then you agree that anyone you’ve shared content with may use that content.
These content standards apply to all website orders undertaken by Xoopah.com.
Content provided by the Client must in their entirety comply with all applicable local and international laws and regulations.
- Without limiting the foregoing, content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation and age.
- Infringe any patent, trademark, trade secret, copyright, intellectual property or other rights of any third-party.
- Infringe the legal rights (including the right of publicity and privacy) of others, or contain any material that could give rise to any civil or criminal liability under applicable laws.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience, needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales.
- Be likely to deceive or give the impression that they emanate from or are endorsed by us, or any other person/entity.
FAIR USE POLICY – WEBSITE CONTENT AND CHANGE REQUESTS
- Xoopah.com is not responsible for content reviewal. It is our requirement that clients share proofread versions of the content they want us to add on their website.
- Any changes to an order in progress or live will be achieved within 24-48 business hours.
- In case where there are 10 or more changes for an order, the default turnaround time will be revised according to the scope of work and will be shared with the client.
- Xoopah.com expects its clients not to misuse the “Unlimited Changes” feature. At one time, not more than 20 changes will be catered to.
- All clients are expected to use the Change Request feature on the Order Management System once their website is live. Xoopah.com is not responsible for missing out on change requests sent via unregistered e-mail addresses.
- Any design changes made during or after the Development Phase of the website are subjected to additional charges by Xoopah.com. Clients will be informed about these additional charges by their assigned Project Manager before any design changes are done.
XOOPAH TERMS & CONDITIONS
- The contract between Xoopah and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
- The works to be carried out will be set out in the Xoopah confirmation order email.
- The Xoopah order management system (https://orders.xoopah.com) will be the means of contact with regards to all the communication for the website design & development. Access to the order management system will be provided to the Client on their registered email address after their order has been placed.
- It is the Client’s responsibility to inform us of any change in the email address so we always have updated contact details. Xoopah cannot be held liable in any way relating to communication issues if we are not supplied a valid email address. Xoopah will acknowledge all emails within 3 working days. Our telephone support line is for website support issues only.
- If a customer’s conduct via telephone is considered unreasonable we will insist on email communication only. Xoopah reserves the right to cancel a contract if customer contact happens to breach our anti-harassment policy (*). Calls made to and from our office are monitored and recorded.
- Xoopah shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.
- It is important for the Client to keep in contact with Xoopah throughout the entire Project. If a Client does not make contact for 2 weeks, we will make 3 attempts to contact the client by email using the email address specified when the client places their order. If we do not receive a response to these attempts of contact, the Project may be terminated, and the deposit will not be refunded. We will levy a $20 admin charge if the client later returns and wishes to continue work on their project.
- All websites developed and created by Xoopah for the Client will be required to be hosted with Xoopah. The monthly Service Fee (Hosting & maintenance) will clearly be mentioned to the Client once they place their order.
- Xoopah owns all the design and code of the website. If the Client wishes to move the website hosting away from Xoopah, they will be required to pay a one-time website development fee of $499 before the website can be moved to a different hosting provider. Upon payment of this fee, Xoopah will transfer ownership and the website code to the Client within 10 business days.
- Xoopah.com will provide all the clients with an Annual Subscription which includes 1 free domain for a duration of 1 year. This will be renewed each year if the Annual Subscription is also renewed. The ownership of the domain will belong to Xoopah. The Client reserves the right to purchase the domain from Xoopah at any time by paying the full cost of the domain purchase to Xoopah. The cost of domain purchase will be shown to the customer before they purchase it through Xoopah.
- Domain names which will be registered by Xoopah on behalf of the client, will belong to Xoopah, unless the Client pays the amount which was paid to purchase the domain. Domains will be transferred to the Client on payment of this fee.
- It is the responsibility of the Client to renew their domain names when due. Domains registered by Xoopah will be free of cost for a year’s duration. Costs for subsequent renewals will vary upon your Subscription Plan. If it is Annual, the domain will also be renewed. If a domain name expires, Xoopah cannot be held liable for this. However, Xoopah will make reasonable effort to contact the Client regarding domain renewal.
- Images will be purchased by Xoopah for the Client, unless the images have already been supplied by the Client. Images purchased by Xoopah are licensed only for use on the client’s website and are limited to no more than 15 images dependent on the size of the project.
- Where the images used on the website have been purchased by Xoopah on behalf of the Client, these images are strictly to be used on the website only. Xoopah is not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organizations.
- Xoopah cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed as a result of a service offered by Xoopah. Where asked to provide search engine optimization for a Client, Xoopah does not guarantee any specific placement or high ranking on search engines.
- Xoopah does not take any responsibility for a client’s website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, and creating a client’s website, there could be a change in the website’s search engine ranking.
- Xoopah will provide the Client with an expected completion date for the Project (live on the internet) if requested. Xoopah will endeavor to meet any given deadline, but does not guarantee or are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Xoopah is purely an estimate.
- All images displayed on the Client’s website will only be used after authorization by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Xoopah, they will be the sole responsibility of the Client. This clause excludes images which are provided by Xoopah.
- Xoopah has no control of or responsibility for the content of Clients’ websites. In no way does the textual or image based content of our Client’s websites constitute Xoopah endorsement, or approval of the website, or the material contained within the website. Xoopah has not verified any of the materials, images or information contained within our Client’s websites and is not responsible for the content or performance of these sites, or for the Client’s transactions with them. Xoopah provides links or references to our Client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client’s site at all times.
- Xoopah.com reserves the right to use all created websites for marketing purposes and web development purposes.
- Xoopah is not liable for any loss, damage or corruption to the files or the information stored on its servers or individual PCs relating to a Client’s website. The Client is solely responsible for any information or files relating to its website.
- Xoopah makes no claims that the contents of this website may be lawfully viewed or downloaded outside the United States & Canada. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United States & Canada, it is done at your own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of the United States of America. Jurisdiction for any claims arising in respect of this website’s content shall lie exclusively within the courts of the United States. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
- Xoopah.com, at its discretion, reserves the right to refuse service to a customer, without providing a reason. Customers will be refunded any amount they have paid to Xoopah when it is determined that Xoopah will not be proceeding with their order.
- Any SSL certificate that has been purchased through Xoopah.com has an expiry date of 1 year. Customers have the choice to purchase this for a longer duration as well.
(*) Xoopah will not tolerate any form of harassment against its employees from customers or third parties, and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behavior and abuse directed towards our employees. Thereafter, any further communication must be via postal mail only.
REDESIGN POLICY – XOOPAH.COM
- For any Standard Website Orders that need to be redesigned, an additional cost comes into play. Any Standard Order can be redesigned using our new Xoopah Designs for a one-time fee of $150*.
- For any Ultimate Website Orders that need to be redesigned, the additional one-time fee for that is $300*.
(*) Please note, before a redesign request is approved, the scope of work involved will need to be discussed with your Project Manager.