TERMS OF SERVICE

Effective Date: January 1, 2024

In this agreement, the party who is to receive services shall be referred to as "Client," and Phase7 Digital, Inc. (hereinafter, "provider—us" "our," and/or "we"). This page explains our terms of service, which contain important information about your legal rights.


When you sign up to our subscription plans, you're agreeing to these terms. This page explains our terms of service, which contain important information about your legal rights. 

ACCEPTANCE

By using the Services, you accept the terms of this Agreement and you fully authorize us to obtain, process, store, use and transmit your personal data in accordance with our Privacy Policy. 

FEES

Services will remain in effect until cancelled or terminated in accordance with this Agreement. We'll tell you about fees for Services before charging you. You may cancel Services at any time. If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Services. 


Automatic Subscription Renewals. 

To ensure uninterrupted service, well automatically bill you for Services from the date you submit your initial payment and on each renewal period afterwards until cancellation. Your renewal period will be equal in time to the renewal  period of your current subscription.

Refunds. 

While you may cancel your Services at any time, you won't be issued a refund except in our sole discretion, or if legally  required.

Fee Changes.
We may change the Fees and/or introduce new charges in addition to the Fees in our sole discretion upon thirty (30)  days' prior written notice to the User. Notwithstanding the foregoing, we may increase the Fees, immediately and with contemporaneous notice, in the event of (a) any change in the services or fees of our third party service providers; (b) changes in the Services which are made at your request. If you don't agree with the fee changes, you have the right to reject the change by canceling the applicable Service before your next payment date.


Chargebacks.
If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable  fees to us ("Chargeback"), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact us before filing a Chargeback. We reserve our right to dispute any Chargeback. 

CHANGES

We reserve the right to change the terms or specifications of any Services in our discretion, with or without prior written notice to the  Users, by replacement of text of this Agreement or description of paid subscription plans on the Website or by written notice to you. Any changes will take effect immediately unless otherwise stated in the notice of change. If any amendment is unacceptable to you, your only recourse is to terminate relations with us. Your continued use of the Services following our notice of change will constitute a binding acceptance of the Agreement, as amended.


This agreement shall remain in effect until all phases are completed and signed off by Client, unless extended by mutual agreement of the parties. Either party may terminate this agreement by providing written notice.


We may change our fees at any time. We'll provide you with advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by canceling the applicable Service before your next payment date. 

ASSIGNMENT

PROVIDER's obligations under this agreement may not be transferred to any other person, firm, or corporation without the prior written consent of CLIENT. 

OWNERSHIP & RETURN OF RECORDS

Upon request and at the end of this agreement , PROVIDER shall deliver all source codes, templates, records, notes, data, and other materials related to the project that are in PROVIDER's possession to CLIENT. PROVIDER will have the right to retain copies of all records, notes, data, and other materials and have full authority to this information for other organizational activities.

AMENDMENT

This agreement may be modified or amended if the amendment is made in writing and is signed by both parties.

CHANGE ORDERS

CLIENT will provide a written change order request should new deliverables or an expansion of existing deliverables become necessary. At that time, PROVIDER and CLIENT will come to a mutual agreement regarding the desired description of services, costs, and schedule.

WARRANTY DISCLAIMER & LIMITATION OF LIABILITY

Disclaimer. EXCEPT WHERE PROHIBITED BY LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR THE WEBSITE (A) WILL MEET ALL YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE FURTHER MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON ANY SITES LINKED TO ON THE WEBSITE.

Limitation of Liability .
In no event shall PROVIDER, its officers, employees, or agents, be liable to you or to any third party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising from or related to either this Agreement, or use of the Services or the Website.


Indemnity .
You agree to defend, indemnify and hold harmless PROVIDER and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of the Services and the Website; (b) your violation of any term of this Agreement; or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Services and the Website.

ENTIRE AGREEMENT

This surmises the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreements between the parties.

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