Terms Of Service
By ordering services or any product from WPChef.org you (the client) agree to these terms of service and to follow WPChef.org’s Usage Policy, as each may be amended or revised from time to time.
1. Account Registration
1. After your registration at WPChef.org your account will be instantly ready for you to use. We will not share your personal information with any third parties.
2. Technical support
2. All technical support issues are handled through our community on our forum by the creators of the products. WPChef.org support only extends to the functionality of your account and billing-related questions.
3. Payment Methods That We Accept
3. We current only accept payments through Paypal.
4. Rights to Copyright
4. All copyrights belong to the creators for the products.
5. Non-payments For Our Services
5. For all accounts that are one (1) month past due or more we reserve the right to suspend or terminate the account and block all current access.
6. Backups
6. Backups are the sole responsibility of the client. Although we do daily/weekly/monthly backups we make no guaranties of the quality of our backups. We encourage everyone to back up their software as often as needed.
7. Cancellation
7. If you decide to cancel your account, just email us through the contact form.
8. Refund Policy
8. All advanced payments and deposits are non-refundable. WPChef.org shall keep all unpaid balances.
9. Client Warranties
9.1. You represent and warrant to WPChef.org that:
(a) You own or have the right to use all material contained in your account, including all text, graphics, software, programming, scripts, and anything else related to your account.
(b) The use, reproduction, distribution, and transmission of the WPChef.org website, or any information or materials contained in it, on and from server computer does not: (1) infringe or misappropriate any copyright, patent, trademark, trade secret, or any other proprietary rights of a third party; (2) violate any criminal laws; (3) constitute false advertising,
unfair competition, defamation, an invasion of privacy, violate a right of publicity, or violate any other law or regulation.
(c) You are using your true name and address in your communications with us and in your billing account.
9.2. You can also represent a company or another person but it has to be made clear to us and proper documentation provided.
9.3. If at any point we suspect that you are using stolen or fake identity, we will immediately suspend your account and will request a scanned copy of your picture ID to sent to us by email within 48 hours. Until such ID is provided we will stop any communications with you, any technical or billing assistance.
10. Limitations of Warranties and Liability
10.1. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WPChef.me DISCLAIMS ANY AND ALL EXPRESS WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY. WPChef.me WILL NOT BE LIABLE FOR ANY LOSS OF BUSINESS OR PROFITS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SIMILAR DAMAGES, OR, OTHER THAN AS SET FORTH IN THIS AGREEMENT, FOR CLAIMS OF DAMAGES MADE BY ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AS INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT.
IN NO EVENT WILL WPChef.me LIABILITY EXCEED THE TOTAL PRICE AS DEFINED IN THIS AGREEMENT.
11. Right to Monitor and Remove Unacceptable Sites
11.1. WPChef.org has the right, but not the duty, to review and monitor all content submitted for or included in your account, and in its sole discretion to remove any content that WPChef.me finds objectionable for any reason without prior notice to you.
12. Indemnity
12.1. You are solely responsible for any liability arising out of or related to your account. You agree to indemnify and hold WPChef.org harmless from and against any and all liabilities, losses, damages, costs, and expenses, including reasonable attorney fees and experts’ fees, associated with any claim or action brought against WPChef.org related to or arising out of the website or your breach of its warranties under this Agreement. This indemnification agreement will survive termination of this Agreement.
13. Assignment
13.1. This Agreement may not be assigned by you directly or by operation of law to any other person, firm, or entity without the express written approval of WPChef.org.
14. Causes Beyond Reasonable Control
14.1. WPChef.org will be excused from delays in performing or from failing to perform its obligations under this Agreement to the extent the delays or failures result from causes beyond its control.
15. Validity of Agreement
15.1. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.
16. Entire Agreement
16.1. WPChef.org reserves the right to change, append or revise its usage policies or terms of service at any time for any reason and without advance notice.
16.2. This agreement as it may be amended by WPChef.org from time to time, including the usage policy, the billing policy and any exhibits, appendices, and attachments, contains the entire agreement of the parties relating to the rights granted and obligations assumed in this agreement.
17. Venue and Applicable Law
17.1. This agreement shall be governed, construed and interpreted in accordance with the laws of the Commonwealth of Massachusetts (without respect to principles of conflicts of law), and the parties submit to jurisdiction of and venue in the Commonwealth of Massachusetts in any legal proceeding necessary to interpret or enforce this agreement or any part of this agreement.
18. Collection Fees and Costs
18.1. If you fail to pay all sums in full when due, then WPChef.org shall be entitled to recover from you WPChef.org’s actual costs of collection, including without limitation, reasonable attorney’s fees and all other litigation costs, including expert witness fees, and all actual attorney fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding. The provisions of the proceeding sentence shall be severable from the provisions of this agreement and shall survive the entry of any such judgment.
