Terms of Service
Please read these terms of service ("terms", "terms of service") carefully before using [https://www.gregoryalexandermarketing.com] website (the "service") operated by [Gregory & Alexander Marketing Co.] ("us", 'we", "our").
TERMS AND CONDITIONS
This Terms of Service (the “Agreement”) is a legally binding contract between Gregory & Alexander Marketing Co. (the “Company”) and you (the “Client”) that shall govern the purchase and use, in any manner, of services provided by the Company to the Client (collectively, the “Services”). By purchasing or using the Services the Client represents that he's read, understands, and agrees to the terms and conditions set forth in the Agreement, and is at least eighteen (18) years old and can legally engage in a contract in the State of New Jersey. If the Client does not accept the Agreement and all terms and conditions set forth within, he shouldn't purchase or use the Services in any manner from the Company. If he has already purchased Services he should contact the Company immediately to terminate the Agreement. It's understood that the Agreement is subject to change in whole or in part without notice.
TERMS OF AGREEMENT
The Agreement becomes effective immediately upon purchase of Services by the Client for a period of time as specified on the original order form (the “Billing Term”). If there is an expiration of any Billing Term, the Agreement shall automatically renew for an equivalent period of time unless terminated by either party as stated below.
STAYING IN ACCORDANCE OF THE LAW
As Gregory & Alexander Marketing Co. is located within the United States of America, we're required to follow any and all US laws. This provision applies to all Services provided and maintained by Gregory & Alexander Marketing Co., whether located in the US or another country.
PAYMENTS AND FEES
The Company will automatically bill the credit card on file for the Client as per the agreed Billing Term. All fees are billed in United States Dollars (“USD”) and if there is a necessity to change our billing procedure thirty (30) days prior notice is given to the Client. It is the responsibility of the Client to ensure that all billing information on file with the Company is accurate and that the credit card or other automated payment method on file is sufficiently funded for processing. If any account is not paid in full by the end of the first day of the Billing Term the account will be subject to a “Late Penalty” of $35. If there are five (5) days of non-payment, the Company reserves the right to Suspend Services. If the account is suspended there is a $55.00 fee to have service restored. After thirty (30) days following the suspension of Services the Company shall not liable for any damages or losses as a result of suspension or termination due to non-payment by the Client.
TERMS FOR PAYMENTS BY MAIL
If a Client opts to pay by sending a check through the mail it is to be sent to 103 West Ramsey Terrace, Fair Lawn, NJ 07410. All invoices will be set to Mail Payment by our billing department. The check must be received by the due date and not thereafter. The company reserves the right to charge the Client's credit card on file for the amount due in order to prevent late fees from being assessed. If the check is received after Clients card is charged the company return the check back to the Client without having been deposited
We bill monthly on a set day. It can be any day of the month but it will consistently be billed on that day. If the day chosen is the last three days of the month the bill will be set for the last day of said month.
(i.e. Jan 1st, Feb 1st or Jan 12, Feb 12 etc.)
We offer a thirty (30) day money back guarantee on DO-IT-YOURSELF-SEO. No refunds are offered on ANY other services such as virtual private server (VPS) packages, dedicated server packages, custom packages, setup fees, domain registrations or transfers, SSL certificates, dedicated IP addresses, licenses or website programming and development. Refunds are not permitted for accounts that are actively suspended or terminated for violating the Agreement. If the terms of the Agreement are brought back in good standing and a Refund is warranted the Client may receive a refund. Refunds are only available for new Client Services. If the Client previously received Services with the Company the Client is not be eligible for a refund. The Company reserves the right to refuse a refund for any or no reason. Refunds will be issued to the original payment method that the payment was withdrawn, and may take 1-3 weeks to process. We do not issue refunds by check other payment methods unless payment was made by check. No refunds are permitted after the first thirty (30) days of Service has passed
Any account which remains unpaid after thirty (30) days may be submitted to third party collections and reported to all major credit bureaus. The Client agrees to pay the “Collections Fee” incurred by use of the third party collections agent of up to 50% of the amount owed in addition to the balance owed in the event that his account is submitted to an outside agency for collections. If further legal action is required to collect a debt, the Client agrees to pay all associated costs including court costs and reasonable attorney’s fees.
All disputes and overcharges must be reported directly to the Company in writing, within thirty (30) days of the charge. Any Client that initiates a chargeback, reversal or disputes their credit card issuing bank and/or PayPal (“Dispute”) will be charged a “Research Fee” of $35.00 USD per Dispute if the charge is found to be valid.
CANCELLATION OF SERVICE
The Client may cancel service by providing no less than forty-eight hours (48) hours prior notice by contacting us through the form HERE. weCreate LLC does not accept cancellations via telephone, live chat, or any other method except by the link above. If cancellation notice is not received within the required time frame, the Client will be billed for the next Billing Term and responsible for payment as set forth above. The 48 hours is strictly enforced.
REFUSAL OF SERVICE
The Company reserves the right to refuse service to anyone at at any time.
SUSPENSION AND TERMINATION OF SERVICES
The Company reserves the right to suspend or terminate the Agreement and associated Services at any time without notice. Termination may occur for any reason including, but not limited to, breach of any contract or any other reason that conflicts with our company policy stated or unstated. The Company is not responsible for any damages or losses resulting from such termination or suspension of services.
Gregory & Alexander Marketing Co. retains the right to add, modify, or remove any or all features from any service The Company provides at any time without notification. This includes, but is not limited to, disk space, bandwidth, domain limits, pricing, and 3rd party applications and programs. Changes can be made for any reason. The Company does not guarantee the use of any feature, whether written, stated or unstated.
The Company will provide guaranteed technical support to the Client during currently stated business hours only. Any support provided outside of these hours are not guaranteed and will be given at the discretion of The Company. The main method of support will be through email or online help submissions. Submissions will be handled as promptly as possible and there is no time guarantee as to a response time.
PREMIUM PAID SUPPORT POLICY
Support to the Client is limited to our expertise. Support is available for issues related to the functioning of the Services that The Company provides. We do not provide support for third party software or applications We retain the right to refuse support for any issue that, at our sole discretion, is: (a) outside the scope of standard support; or (b) caused by Client error.
Abusive actions toward our staff will not be tolerated. Use inappropriate language, threatening statements or anything else that we find will be subject to suspension or termination of Services without a refund. This includes threats of a lawsuit, slander, libel and negative public posts intended to harm The Company.
Gregory & Alexander Marketing Co. will make every effort to ensure domain names are registered, transferred, or renewed in a timely fashion. If a domain name registration, renewal, or transfer is not processed when at the proper time, it is the Client’s responsibility to contact the Company within fifteen (15) days to rectify. Liability is limited to the cost of the domain name.
SHARED IP ADDRESSES
Each hosting account is assigned a shared IP address. This IP address is shared with other Client sites on the same server. If a dedicated IP address is requested by the Client additional fees apply.
ACCEPTABLE USE POLICY
The Client may only use the Company’s services that comply with all local, state and Federal Laws. Transmission, storage, or presentation of any information, data, or material in violation of local, state or United State law is prohibited and Services will be terminated Immediately. Any illegal activity will be reported to the proper authorities. This includes, but is not limited to: copyright infringement, threatening or obscene content, or content protected by trademark, copyright or any other valid law or statute. The Client agrees to indemnify and hold harmless Gregory & Alexander Marketing Co. from any claims resulting from the use of the service which damages the Client or any other third party affiliates. The following content, links, or actions would constitute a violation of the Agreement: Pornography | Child Pornography: Hosting or Distributing and/or Linking to Pornography Involving a Person Under Legal Age | Copyright Infringement: Hosting, Distributing, or Linking to Copyright Infringed Content. | CPU/Memory/Resource Abuse: Consuming Excessive Amounts of a Server Causing Performance Issues | DDoS Source: Source of Distributed Denial of Service Attack | DDoS Target: Target of Distributed Denial of Service Attack | Forgery: Faking an IP Address, Hostname, E-Mail Address or Header | Fraudulent Site: Hosting or Linking to a Website Intended to Deceive the Public | HYIP: Hosting or Linking to any High Yield Investment Program Website | Identity Theft: Hosting, Distributing, or Linking to Stolen Account Information | Infection: Hosting, Distributing, or Linking to Exploits, Trojans, Viruses or Worms | IRC: Hosting Internet Relay Chat Server not Authorized by Gregory & Alexander Hosting Services | Mass Storage: Storing Mass Amounts of Backups, Archives, Videos, etc | Phishing: Identity Theft by Email through False Pretense | Proxy Site: Hosting an Anonymous Proxy Server | Spam Email: Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE) | Spam List: Hosting, Distributing, or Linking to Email Address Lists with intent to Spam | Spam Site: A Site Advertised by Spam Email or Spam Web pages | Ad Ware: Hosting, Distributing, or Linking to Software Designed for Spam | Spam Web: Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums or Guestbooks | Spamhaus: Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity | Terrorist Site: Hosting or Linking to a Site displaying or supporting Terrorism | Toolz: Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or any other Illegal Activity | Warez: Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz or Pirated Software |. Restrictions on Storage Space Usage: All accounts are subject to the following restrictions on storage space usage: Accounts must have valid, working websites, and not violate any previously subscribed terms Accounts are not for use of mass storage of backups, files, audio, video, zip files or others at our discretion Accounts are not for us of mass distribution of files, such as torrents or mirrors Any account found violating these terms may be suspended or terminated without warning.
Gregory & Alexander Marketing Co. does not guarantee the availability of host locations and reserves the right to add, move, modify, or remove any hosting location at any time without notification. We also reserve the right to deny the transfer of any account to a new location for any reason.
Client expressly agrees to use the Company’s services at the Client’s own risk. Neither Gregory & Alexander Marketing Co., its employees, affiliates, re-sellers, third party providers, merchants, license providers or the like, claim that the Company’s services will not be interrupted or be free of mistakes. Nor do they make any claim as to the results that might be obtained through the use of the services or as to the accuracy or reliability of the information service or products contained in or provided through our network, unless otherwise expressly stated in this agreement. Client acknowledges and accepts that any damages will be limited to no more than 100% of the equivalent of one (1) month of service.
Under no circumstances, including negligence, will Gregory & Alexander Marketing Co., its officers, agents or any one else be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service. Results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure to perform, whether limited to acts of God or not, communication failure, theft, destruction or unauthorized access to Gregory & Alexander Marketing Co. records, programs or services. Client acknowledges that this paragraph applies to all contents on all servers.
Client agrees that it shall defend, indemnify, save and hold Gregory Alexander Marketing Co. harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees (“Liabilities”), asserted against the Company, its agents, its Clients, servants officers and employees, that may arise or result from any Services provided, or performed, or agreed to be performed; or any product sold by the Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Gregory & Alexander Marketing Co. against Liabilities arising from (i) injury to any person or property caused by products sold or distributed in connection with our servers; (ii) any material supplied by the Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement (iv) any defective product which the Client sold on Gregory & Alexander Marketing Co. servers.
WAIVER OF JURY TRIAL
In using any Gregory & Alexander Marketing Co. services, you agree to submit to binding arbitration. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Each party agrees that any action in connection with this Agreement shall be handled by an arbitrator chosen by Gregory & Alexander Marketing Co. The arbitrator’s award is final and binding for all parties. You, the Client, are responsible for all costs related to all arbitration. The language of this Agreement shall be the result of negotiation between the parties and their respective counsel and shall not be constructed for or against any party. Each party agrees, that whenever a party is requested to execute one or more documents, it shall do so immediately.
GOVERNING LAW AND DISPUTES
This agreement shall be governed by the laws of the State of New Jersey, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The venue for all disputes relating to this agreement shall be the state and federal courts in Bergen County, New Jersey. Each party agrees not to dispute such personal jurisdiction and waives all objections thereto.
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and unaffected. The Company and the Client agree to renegotiate any term held invalid and until a mutually agreed provision is reached.