What these phrases refer to. These are the conditions under which Web Pros LLC (“Decatur Web Pros”) will provide you with services. All conditions take effect as of the day your order is submitted electronically.
Reasons to read them. Before sending your order to us, carefully read these terms. The information in these terms explains who we are, how we will provide services to you, how you and we may modify or terminate the contract, how to handle issues, and other crucial details.
Change in the Terms. This Agreement and any policies or agreements that are incorporated herein may be changed or modified at any time by Decatur Web Pros in its sole and unfettered discretion. Any alterations to our services will be communicated to you via email 30 days in advance. Any adjustments or modifications will be effective right away. You will be deemed to have accepted the amended Agreement if you continue to use our services or the website. You are responsible for making sure the email you have given to us is current. If your failure to receive emails from us is a result of an incorrect email address, we accept no liability or responsibility for that failure.
2. INFO ABOUT US AND WAYS TO GET IN TOUCH
About us. We are Web Pros LLC, a business with an Illinois registration. The address of our registered office is 1 Greenridge Dr, Decatur, Illinois.
Where to reach us. You can get in touch with us by logging into your Customer Portal and opening a support ticket, or by Contacting us.
How you might hear from us. If we need to get in touch with you, we’ll do so by phone or in writing to the email or postal address you gave us when you placed your order. Please be aware that we will never request your password. Please call us directly at the number listed on our homepage if you are unsure who is calling you. We may also update our status page at status. DecaturWebPros.com if we need to let you know about larger service issues or planned maintenance.
1 OUR AGREEMENT WITH YOU
How your order will be processed. Order placement on our website does not assure order acceptance. When you receive notification that your order has been fulfilled after you place your order, that is when we will consider your order to have been accepted by us. At this point, you and us will have a contract in place. Before any services are rendered, payment is required.
If we are unable to accept or complete your order. We will let you know if we can’t accept or complete your order and will return any money you’ve paid. When your desired domain name is no longer available for registration, the registry has decided to charge a non-standard price, or the domain transfer you’ve requested can no longer be completed, for instance, we won’t be able to fulfill your order.
Account Information. You must first create an Account in order to use our services. When you place your order, a username and password might be assigned to you. Any username or password assigned to you may be changed at our discretion. You’ll receive written notice of any modifications. You represent to Decatur Web Pros that the information you provide is true, accurate, and complete in order to open and use your Account. Whether or not you authorized the activity on your Account, you are solely responsible for it. Your login information must be kept secure. Any unauthorized use of your account or security lapse must be reported right away.
OUR PRODUCTS
1 DOMAINS
Registration of domains. We do not guarantee that a specific domain name you have asked to register (Domain) is available. Your name, not Decatur Web Pros’, will always be used to register or transfer a domain. You should access your Decatur Web Pros Customer Portal client area to manage the WHOIS information for your domain. You are in charge of ensuring the accuracy of all data. If your contact information is not kept up to date and cannot be verified, your domain might be taken offline. In order to offer the best service, we reserve the right to periodically and without prior notice change the registrar that manages a domain. Your ability to use a domain name is unaffected by this change.
You acknowledge and agree that whenever a request is made to update the registrant contact information related to a Domain, we will represent you as a Designated Agent for all applicable gTLDs in accordance with ICANN’s Transfer Policy. In that regard, you give us permission to consent on your behalf to any change in the registrant or in the registrant’s information.
Examining the renewal or registration. Our assistance is restricted to sending your order to the registry. You are solely in charge of making sure the domain has been registered, renewed, and/or transferred as necessary. In the event that the Domain is not transferred or registered, we accept no responsibility.
Conditions of a third party. The terms and conditions of third parties, including the applicable registry for the domain extension, apply to the registration of domain names. By submitting your order to us, you represent and warrant that you will abide by the terms and conditions for domain registration and use set forth by ICANN and any applicable registry at all times and in all respects. In the event that you violate any of the terms of this Agreement, the terms and conditions of ICANN or the registry, you agree to hold us harmless.
Renewals of domains. Except in cases where you have given notice in accordance with clause 4.1 below or in which you have set the Domain to either cancel or manual renewal in your control panel, we will try to automatically renew a Domain on your behalf when it is due for renewal. If an outdated payment method is not provided or if the required payment is not made, we will not renew the Domain.
The renewal’s specifics. Unless you specify any required amendments in writing or change the renewal settings in your client area, renewals will usually be renewed for the same length as the initial registration period. The renewal fee will be applied at the time of renewal at the current rate. In order to guarantee that the domain is renewed on time, we will accept payment for domain renewals up to 7 days before the domain renewal date.
Transfers of Domains and Terms of Ownership. In order to identify the owner of a registered domain, we will consult the information in the Whois database. If the information in the Whois database is inconclusive, we have the right to request any additional information we might need to determine ownership. It is your responsibility to settle any ownership disagreements with third parties. If we are not confident that the appropriate consents and permissions have been obtained, then we are not obligated to carry out a transfer request.
Transfer Basis. Any actions necessary to transfer the domain, such as changing the Nominet IPSTAG of the domain, unlocking the domain name, providing the Authorization code, and approving a transfer request, are solely your responsibility. If you want to cancel a transfer and ask for a refund in accordance with our refund policy, you must let us know.
Restrictions on Transfers. You understand that when transferring some domain extensions, an additional year may be charged. You understand that some domains have maximum registration terms, and that if the registration were renewed, it might go over the registry term limit, preventing a transfer. Prior to the order being placed and being fully paid for, we will not begin the transfer of a domain.
Expired Domains. If a domain name is not renewed by the expiration date, it will stop working and be regarded as having expired. If we are unable to accept payment using the method specified, or if you have set the domain to expire or fail to manually renew the domain before the renewal date, the registered domain will expire.
Redemption Period. A domain may enter a grace period and/or redemption period after its expiration date. In this case, you agree that we may, at our discretion, renew a domain name within three calendar days of its expiration date or park it on name servers other than those you specify. In the event that we are unable to recover domain names from registries after the expiration date due to their lack of a grace and/or redemption period, our agreement will end immediately and without further obligation to us. Furthermore, we have no obligation to try to recover such a Domain.
Grace Period. If the relevant domain registry for the domain permits a grace period, you acknowledge that you have the duration of that grace period (for instance, 30 days) after the domain expires (the “Grace Period”) to get in touch with us to renew the domain. However, you must pay for the renewal in full with cleared funds. You will continue to own the domain after we receive the renewal payment within the Grace Period, and we will return it to your control panel as soon as it is practically possible.
Expiration. You understand that after the Grace Period expires, we may take the following steps at our sole discretion:
A Domain auction;
Alter the contact information; and/or
Switch the Domain.
Our agreement for that domain will end immediately and without penalty if the renewal fee is not received within the Grace Period. You agree to pay the applicable redemption fee(s) as well as the renewal fee(s) for the Domain(s) if we receive a request from you to renew the Domain after the end of the Grace Period (‘the Redemption Period’), provided that the relevant registry of the Domain permits a redemption period. You understand and acknowledge that we are under no obligation to renew or recover a domain during the redemption period, and that we will only attempt to do so after you have paid the redemption and renewal fees. We don’t promise that any attempts at renewal will be successful.
3 HOSTING
Free Domain Promotion. A free domain registration or transfer is included with some of our hosting plans. This only applies to a select few domain extensions and is subject to change at any time. We may approve or reject a free registration or transfer at our discretion. This offer does not apply to any other extensions; they will cost more. Any fee reduction for customers who wish to place an order using a different extension requires our prior approval. There is a one-year registration period. These domains’ subsequent renewals will be subject to our standard renewal fee.
The Goal of the Services. Unless otherwise specified, our services are meant to be used for hosting websites and if security permits, sending emails. On our shared or reseller hosting servers, no batch processing, video encoding/transcoding, web crawling/spidering, archiving, online backup, or other system for hosting a website is allowed. Such tools are only permitted to be used on a dedicated server with our written consent. To keep our systems stable for all clients, we reserve the right to take proactive measures. Websites that stream adult content are expressly forbidden by us.
Adequacy of the Hosting Environment. We do not actively limit your account’s access to disk space, bandwidth, or both in some packages that offer a ‘unlimited’ service. On shared or reseller servers, accounts are constrained by resource usage, ensuring that no one client can adversely affect the service of others. Your resources on dedicated servers are determined by the package you buy.
“Unlimited” Permissions. Any ‘unlimited’ allowances are subject to fair use, and any customer using a monthly bandwidth or disk space amount deemed excessive in comparison to the average usage by other customers on our platform may, at our discretion, be advised to improve website efficiency and/or configure a CDN, or upgrade to a bespoke solution, and will be charged accordingly.
Services Required. If we believe that the service you chose or bought does not satisfy your service needs, we will let you know and suggest an alternative service. We are not obligated to keep offering hosting services that are insufficient or inappropriate for your requirements. Account suspension and/or termination may occur if a request to move an account is not complied with.
Migration Assistance. To assist you in moving your website from your current provider to us, we provide a migration service. Best-effort service is provided here. You admit that you are the one who is most familiar with your website and that we are unable to fully understand the details of every website we host. While we will move your site’s files and data with reasonable care, it is your responsibility to grant us appropriate access so that we can retrieve the data and ensure that the migration was successful. Although we do not promise a specific timeframe for the migration, we aim to migrate websites within 72 hours. Emails, DNS records, and domain names may occasionally be migrated as well, but we cannot guarantee that they will do so successfully or without disruption.
The hosting environment changing. The hosting environment in which your website is hosted is subject to change at any time. These adjustments will be made “like for like” and won’t have an impact on how you use the hosting environment. Only in the event that you receive an “upgrade” will there be any material changes made to your website hosting environment. Any modifications we make to the hosting environment will be communicated to you in writing first. This could be: 1) To update to reflect modifications to applicable laws and regulations; and 2) To put into practice minor technical modifications and enhancements, such as to address a security threat; and 3) To switch between provider and location. We provide a variety of server hosting companies and locations. Your current location might have changed or been shut down, or your preferred location might not be available. Depending on your needs, we might switch to a comparable location or provider for you. (For instance, from the Microsoft Azure datacenter in Cape Town to the Microsoft Azure datacenter in Johannesburg, or from AWS Bahrain to Alibaba Bahrain.
Upstream Providers. You must accept the terms of our upstream providers, with special attention to the terms of export law (for example, software used for DigitalOcean should be licensed in the US). We have made an effort to include in this agreement all of their pertinent terms. Look at Appendix A.
Use of bandwidth and CDN. We may require you to use a CDN service we offer in some regions where bandwidth costs are high due to a relative lack of connectivity (such as the Middle East) or fluctuate. Instead of having one server handle all traffic, a CDN service distributes it across the globe, accelerating page loads and lowering source bandwidth. We’ll offer reasonable setup assistance.
No Promise. Unless that service has been specifically offered and accepted, we do not guarantee that we will protect your website from a denial-of-service attack. You should hire a DDOS mitigation service from a third party, such as Cloudflare, if you believe you could be a DDOS target.
Uptime of a Service. With the exception of planned or urgent server maintenance or situations that are beyond our reasonable control, we make an effort to maintain a 99.9% service uptime. When possible, all customers will be notified in advance of any planned maintenance via our status page and, if it will take longer than 30 minutes, by email. If there is an issue with your server, we’ll make sure a qualified engineer is taking care of it within 30 minutes of being informed. You will be informed in the unlikely event that your issue cannot be solved in 30 minutes. We will inform you of the problem’s specifics and a projected resolution date at the time of notification. Your preferred method of contact or our public status page (status. Decatur Web Pros.com) may be used to notify you.
Backups. For the best performance, we create backups of your websites and store them offsite, typically in the same country as your live server but not always. If you need a customized solution and have requirements for data residency, please get in touch with us. We reserve the right to exclude files, such as error logs, cpanel backups, and cache files, that we feel are not essential to the operation of your website. We only make a best effort to provide backups; we do not guarantee that they will be continuous or accurate. You are in charge of maintaining backups of your own website.
Services disruption. Any interruption of the services that is not within our control is not our fault. Although we make every effort to select service providers who provide exceptionally high levels of performance and uptime, if an event beyond our control disrupts our ability to provide the services, we will notify you as soon as possible and take action to lessen the impact of the disruption. You can do this by visiting Decatur Web Pros’ Status Page. We won’t be held responsible for any inconvenience the event may cause. Upstream hardware or network issues are not our responsibility. For instance, if AWS has a problem, we won’t be liable for it or count it toward our 99.9% uptime estimate.
4 THE SERVICES ARE PROVIDED
Service charges. You will see the prices for the services on our website.
When we’ll start offering the services. Until the subscription expires, you terminate the agreement in accordance with Clause 7, or we terminate the agreement by giving you written notice in accordance with Clause 9, we will continue to provide the services to you.
What will occur if you do not provide us with the necessary information. In order to provide you with the services described in the sign-up section for services on our website, we will need to know a few details from you. We might get in touch with you to get more information from you or to verify the data you gave us. We reserve the right to terminate the contract or impose an additional fee of a reasonable amount to cover any additional work that must be done as a result if you fail to provide this information within a reasonable amount of time after we request it or if you provide us with inaccurate or incomplete information. In the event that you fail to provide us with the information we require within a reasonable amount of time after we request it, we will not be held liable for any delays in providing the services or failure to provide any portion of them.
Reasons for which we might stop providing you with services. We might have to stop providing a service to:
Solve technical issues or make minor technical adjustments;
Update the product to reflect modifications to applicable laws and regulations;
Make modifications to the product as you request or as we notify you (see Clause 6);
When a legal requirement;
Where we think you’re breaking any important terms of this Agreement;
Resolve any claims or actions brought by third parties;
To stay out of trouble financially or legally.
Your rights if we stop providing services. Unless the issue is urgent or emergency, we will notify you in advance if we must stop providing the services. Unless the suspension is due to your breach of this Agreement or is necessary in accordance with clauses 6.5 b (b) to (g) above, we will adjust the price if we have to suspend the services for longer than 24 hours in any seven-day period. If we suspend a service or inform you that we will suspend a service for a period longer than 120 hours, you have the option to end the contract. We will refund any advance payments you have made for the service for the time following the termination of the contract, with the exception of situations where the suspension is the result of your violation of this Agreement.
If you don’t pay, we might also stop providing the service. We reserve the right to halt service provision if you fail to pay us for the products by the deadline specified (see Clause 10.6 for more information). We’ll get in touch with you to let you know the services will no longer be provided. In addition to stopping the services, we have the right to charge interest on any past-due payments. We will make a reasonable effort to ensure that the service is restored to you within 24 hours after payment has been made in accordance with these terms.
Suspension of service. We might no longer keep a copy of your data or website if your service is suspended or is late. The IP address of your website might also change. This is because we work with international cloud providers, so if you don’t pay your bills on time, we won’t be responsible for the cost of maintaining your service.
5 YOUR DUTY UNDER THE AGREEMENT
The information on your Account is under your control. All scripts, data, and other objects on the customers’ accounts are their responsibility. Abusive scripts are those that harm any other computer system or user, interfere with our systems and/or the accounts of other customers, or carry out any kind of fraudulent activity. Any account that is discovered to be the source of abusive scripts will be suspended right away, the cause of further action as described below under Illegal Content, and subject to investigation. If necessary, we will work closely with the authorities.
You must not transmit illegal material using this service. You consent to refrain from sending, receiving, or uploading to your hosting service any content that could be construed as offensive, abusive, indecent, defamatory, obscene, menacing, or otherwise as prohibited by current and future English and Welsh laws, the laws of the server location where you have chosen to host your website, or the laws of the network provider who provides the underlying network infrastructure (see Appendix A). The user is solely responsible for making this sure. Illegal materials may be investigated and possibly prosecuted by the relevant authorities if they are stored, distributed, or transmitted. specifically you: It is forbidden to gain access to any computer systems without authorization or to try to do so. According to the Computer Misuse Act, such behavior may result in criminal prosecution; not use forged addresses when sending data to the internet or send data that is specifically intended to harm remote machines (including but not limited to denial of service (DDoS), worms and viruses, trojans, and ping storms); must make sure that any network-connected servers and local PCs are not set up to allow open relay and must refrain from sending unsolicited bulk email, also known as spam, UBE, or UCE; run ‘port scanning’ or other software designed to probe, scan, test the vulnerability of, or access remote systems or networks unless the remote user has expressly authorized it. We might request proof of such authorization; you must take all necessary precautions to keep your password and login information private;
You consent to abstain from sending or receiving any material that might violate a person’s right to privacy, secrecy, or other rights, including copyright (including intellectual property rights). You should seek independent legal counsel if you have any questions about the legality of what you are doing or what you plan to do.
Any use of an open proxy server is strictly prohibited and will result in service termination right away.
Websites are not allowed to have “hateful” content or content that aims to stir up hatred.
Sites may not include any pornographic images, videos, descriptions, or other content that is illegal or that we, in our sole discretion, find objectionable.
Websites cannot include links to or “warez,” copyrighted music or videos. The user is solely responsible for confirming that they have the legal authority to display any content on their website.
Websites must abide by internationally recognized copyright laws.
Registration of domain names. You are in charge of making sure that the registration of a domain name and how it will be used, either directly or indirectly, won’t violate any third party rights, including third party intellectual property rights, aren’t being done in bad faith, and won’t ever be used for an illegal activity in accordance with the dispute resolution procedures or policies of any relevant registry or of ICANN. You agree and accept that we may disclose information about your domain registration, including registration information, to ICANN and the domain’s registry, as well as to governmental and law enforcement agencies as required by law.
You acknowledge that, upon transferring ownership of a registered Domain to another person or registering a Domain on that person’s behalf (the “Transferee”), you will confirm and, upon our request, produce written evidence demonstrating that the Transferee has agreed to be bound by the terms of this Agreement.
Ownership of a Domain will not be transferred by us until we have received full payment from you for all Fees associated with the account’s services that are owed.
We reserve the right to put a Domain on hold if we receive a complaint alleging trademark or brand infringement. If we receive a decision from a Domain Dispute Resolution and/or a settlement agreement between the parties, we will take this action. You are responsible for paying any renewal fees to us.
We reserve the right to lock the domain and put a registrar hold on it in the event that we receive documentation that is consistent with the WHOIS information. Until we are confident that the conflict between the parties has been resolved, with documentation provided to us proving the same, we shall not move the Domain from this status.
We promise to comply with the Regulation of Investigatory Powers Act’s requirements and to work closely with the relevant USA authorities.
PERMITTED EMAIL USE
We give users the option to send emails via SMTP. This is made to meet everyday communication needs. A cloud-based spam filtering system scans all outgoing mail.
Spam is never tolerated at our company, and bulk unsolicited email sending is never permitted. Customers who misuse the email system will be informed that their actions are unacceptable, and their accounts may be suspended, terminated, or blocked.
You consent to the following by purchasing the services: not to send recipients emails that could annoy, inconvenience, or worry them; not to send any emails that could upset others or any offensive, indecent, obscene, menacing, or otherwise illegal material; to include a clear opt-out procedure in all newsletter correspondence; not to send emails to users who don’t want to receive them using our mail services or network; not to send unsolicited email through our network or mail services, either in bulk (commonly referred to as “spam”); not to mail bomb or otherwise use our network or services with the intent to disrupt delivery for others; not to use false mail headers or change mail message headers in a way that hides the sender’s identity; to refrain from using any email address you are not authorized to use; to check that any email servers you run that are connected to our network are not set up to allow “open relay”; to be totally accountable for your email reputation; not to do anything that would violate your or our obligations under the 2018 Data Protection Act or the General Data Protection Regulations.
PERMITTED WEB USE
Web usage includes using the web space that comes with client accounts, hosting websites on our servers, and using dedicated servers and web services.
Any web space that customers maintain (whether shared served space or dedicated services), we do not monitor for content. We are not accountable for the information on your website.
You are solely responsible for making sure that any website you own or operate only contains content and materials that you have either created yourself or are authorized to use.
Any conflict over copyright or other intellectual property rights relating to your website or web service is solely your responsibility to resolve. You consent to hold Decatur Web Pros harmless from all expenses, including legal fees, incurred in defending against any claim brought by a third party alleging that you have violated their copyright or other intellectual property rights in connection with any allegations made against you or us anywhere in the world.
You may not promote or disseminate any materials or content that are prohibited in the USA or any other country where your website or web service is active (under any current or proposed legislation). You should be aware that the internet is a global communications network and that activities that may be legal in the USA may not be so in other countries, where doing so could subject you to legal action.
Our servers are permitted to host adult content that complies with USA law, but you must notify us in advance of placing any orders with us because we will host your website on a different IP to avoid any SEO repercussions for other clients.
Before placing an order, you must get in touch with us if you plan to upload any kind of adult content from a location outside the USA onto your website or web service. We reserve the right, in our sole discretion, to refuse to provide our services.
If potential abuse is brought to our attention, we reserve the right to investigate the content services and, at any time and for any reason, to remove any website from our servers. Any accounts that are discovered to be abusive, contain illegal content, or violate our terms of service in any other way will be immediately terminated.
RIGHTS TO TERMINATE THE CONTRACT
terminating your relationship with us as a regular service user. By canceling the service prior to the renewal date (by 11.59 pm CST on the day before renewal is due) through the Client Area, you may end your agreement with us. Additionally, you can submit a support ticket to us up to 24 hours prior to renewal.
terminating your agreement to use a dedicated server with us. You can end your relationship with us as a dedicated server user by providing written notice of termination at least 24 hours before the following billing date.
Monthly subscription refunds. We provide a low-cost service with significant prepayment discounts. You won’t be eligible for a refund of your payment if you cancel before the end of your service period.
You may have the legal right to terminate the contract, have the service redone, or receive some or all of your money back if the services you paid for are defective or inaccurately described. You must give us written notice of the grounds for your claim that the services are deficient or inaccurately described. Within 28 days of receiving a complaint, we will respond and let you know if a refund will be given.
inappropriate or prohibited behavior. Your account will be immediately suspended if it is discovered to contain illegal activity, illegal MP3 files, pirated software, hacker programs, warez programs, or any other illegal files. Your account will be terminated if the offending content is not removed, and no refunds will be given—including, to be clear, the guarantee mentioned in clause 9.5.
Refund processing. Any refund will be handled seven working days after it has been received.
Using your right to revoke (as per the 2013 Consumer Contracts Regulations). If you fall under the definition of a consumer as defined by those regulations, you have the legal right to return most online purchases for a refund within 14 days of your purchase. Digital products, once you have begun to download or stream them, services, once they have been completed, even if the cancellation period is still in effect, and sealed computer software, once these products have been opened after delivery, are all exempt from the right to change your mind.
How to terminate your agreement with us, including if you’ve changed your mind
Tell us that you want to cancel the agreement. Please sign into clients to cancel the agreement you have with us. View the product at DecaturWebPros.com, then submit a cancellation request. Please provide the cancellation’s justification. Please make a request for a refund in the cancellation notes if you are entitled to one under the money-back guarantee outlined in Clause 10.5 above.
OUR RIGHTS TO REPEAL THE AGREEMENT
If you violate it, we may cancel the agreement. We may do so by writing to you at any time if:
You fail to pay us any amount owed when it’s due.
If we ask for information from you and you don’t give it to us in a reasonable amount of time, we can’t provide the services to you;
If you violate the agreement, you must pay us damages. When we terminate the contract in accordance with Clause 9.1, we will reimburse any advance payments you made for goods we did not provide, but we reserve the right to deduct or charge you a reasonable fee to cover the net costs of your breach of the contract.
We could stop offering the services. We might write to you to inform you that we’ll no longer be offering the services. If we decide to stop providing the services, we’ll give you at least 30 days’ notice and refund any money you’ve already paid for them in advance.
PURCHASE & PAYMENT
Where to look for the cost of the service. When you placed your order, the price shown on the order pages became the price of the service. We take every precautionary measure to guarantee that the cost of the service recommended to you is accurate. If VAT is applicable, it will be specified on the order steps and will depend on your location and the services you order. To learn what happens if we find a pricing error with the item you ordered, please refer to Clause 10.3.
Any changes in the VAT rate will be communicated. Unless you have already paid in full for the product before the change in the rate of VAT takes effect, we will adjust the rate of VAT that you pay if the rate changes between the date we receive your order and the date we provide the service.
alterations to the cost. The prices and fees listed on our website are subject to change without notice. Any changes will be communicated to you in writing via email at the address you gave us when creating your account. In most cases, changing the price for new customers on the website won’t change the price for current customers. The price change will take effect at the end of the current term and at the time of renewal if your contract has a fixed term.
What happens if the price is incorrect? Despite our best efforts, it is always possible that you receive the incorrect price for our service. If the actual price is less than the amount stated, we’ll adjust the price and give you the difference. Before we accept your order, we will get in touch with you to get your instructions if the service’s correct price at the time of your order differs from the price we initially quoted you.
When and how to make required payments. Most popular credit and debit cards, direct debit, PayPal, bank transfer, and checks are all acceptable forms of payment for us. Depending on the product you are purchasing, you must make a payment. You represent that you have the proper authorization to use the chosen payment method or facility. In the event that you are not the named cardholder, you agree to hold us harmless, including our costs associated with recouping the unpaid balance, in the event that the cardholder or issuer declines any transaction for payment.
We reserve the right to suspend and/or terminate your account and apply a $80 administration fee if an incorrect chargeback is made against your account.
Order-placement payment is required. At the time you place your order for services, you agree to pay all fees that are due. Except as provided in clause 7 above, all payments are non-refundable.
Bills will be sent before the due date for payment. Bills will be delivered to the email address you gave us when creating your account. On Decatur Web Pros’ Client Page, you can find all invoices and your email history.
If you pay late, we may apply interest. If you don’t pay us anything by the deadline, we may charge you interest on the unpaid balance at a rate that’s 4% a year higher than the Bank of America’s variable base lending rate. From the due date until the day the overdue amount is actually paid, whether before or after judgment, this interest shall accrue daily. You must pay any overdue sum and interest to us.
What to do if you believe a bill is incorrect. Please get in touch with us right away to let us know if you believe an invoice is incorrect. Until the dispute is settled, there won’t be any interest due. We will begin charging interest on the correctly invoiced amounts as of the original due date after the dispute has been resolved.
WE ARE RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MAY SUFFER.
We are liable to you for any loss or damage that was reasonably foreseeable. If we violate these terms, we are accountable for any loss or harm you experience that is reasonably foreseeable as a result of our breach or failure to exercise reasonable care and skill, but we are not accountable for any harm that is not reasonably foreseeable. Loss or damage is foreseeable if it is either obvious that it will occur or if both parties knew it might happen at the time the contract was made, such as if you discussed it with us during the sales process.
Where it would be illegal to do so, we do not exclude or in any other way restrict our liability to you. This covers responsibility for fatalities or injuries brought on by our negligence or the negligence of our employees, agents, or subcontractors, as well as responsibility for fraud or false representation.
If our servers go offline or become unavailable for any reason, we will not be held liable for any claimed damages, including incidental and consequential damages. Furthermore, we disclaim all liability for any claims of damages, including incidental and consequential damages, resulting from the corruption or deletion of any website from one of our servers, for loss of service, or for any costs associated with a configuration or service problem brought on by the use of our services. The only remedy for any damages is the immediate suspension of service.
Business losses are not our responsibility. We won’t be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you use the products for any commercial, business, or resale purposes.
Limit of liability. Our total liability will not exceed twice the fees you paid for the services that give rise to your claim during the 12 months preceding the claim, unless you are acting as a consumer within the meaning of the Consumer Rights Act 2015.
WHAT WE MAY DO WITH YOUR PERSONAL DATA
How your personal information might be used by us. Your personal information will only be used in accordance with our privacy policy.
6 ADDITIONAL KEY TERMS
We may assign this Agreement to another party. Our rights and obligations under these terms are transferable to another organization. If we intend to do this, we will let you know by contacting you. Within 10 days of our informing you of the transfer, you may contact us to terminate the contract if you are unhappy with it, and we will reimburse you for any advance payments you made for any full month of service that was not provided.
Except for our guarantee, which you can always transfer, you need our permission to transfer your rights to another party. Only with our prior written consent may you assign your rights or obligations under these terms to another party. Requests for transfers can be submitted through a support ticket on clients. DecaturWebPros.com.
No other person has any rights hereunder. This agreement is made between us and you. None of its provisions shall be enforceable by any third party.
The rest of this agreement will remain in effect even if a court rules that some of it is unlawful. These terms operate independently of one another. The remaining clauses shall continue to be in full force and effect even if a court or other relevant authority finds that any of them are illegal.
This agreement is still enforceable even if we put it off for a while. If we do not insist that you do anything that is required of you under these terms right away or if we take a while to take action against you for violating this agreement, it does not mean that you are not required to do those things and it does not stop us from taking action against you in the future. We can still require you to make the payment down the road, for instance, if you miss a payment and we don’t follow up with you but still provide the products.
Which laws govern this Agreement and the venue for any legal action. You may file a lawsuit involving the products in Illinois courts because these terms are subject to Illinois law.