TERMS OF SERVICE
Updated: May 25, 2018
The following are the terms of use of the Klaborate website and services. You can also view our Privacy Policy to learn about our practices towards handling any personal information that you may provide to us.
Before using Klaborate’s services, you are required to read, understand, and agree to these terms. You may only create an account after reading and accepting these terms.
THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF KLABORATE (“SERVICES”). BY USING THE KLABORATE SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT KLABORATE SOLE DISCRETION. IF YOU DO NOT AGREE AND ABIDE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
ACCEPTANCE OF TERMS
The web pages available at klaborate.com and all associated pages (“Site”), are owned and operated by Klaborate Solutions (“Klaborate”) and is accessed by you under the Terms of Use described below (“Terms”).
Please read these terms carefully before using the services. By accessing the site, viewing any content, or using any services available on the site, you are agreeing to be bound by these terms, which together with our Privacy Policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site or use our services.
DESCRIPTION OF MEMBERSHIP SERVICE
The Site is an internet service that offers email support to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content Klaborate makes available to or performs for you, as well as the offering of any materials displayed, transmitted, or performed on the Site or through the Services.
Your access to and use of the Site may be interrupted from time to time, as a result of equipment malfunction, upgrade, maintenance, or repair of the Site or otherwise, within or outside the control of Klaborate. Klaborate has the right to change, suspend, or discontinue the availability of the Site and/or Services and/or remove any content at any time in its sole discretion without notice.
REGISTRATION
As a condition to using Klaborate Services, you are required to either purchase one of our subscription plans or purchase a one-time service. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and suspension and/or termination of your Klaborate account.
Shall you be required to register or create an account, you may not use as a username the name of another person or entity or that is not lawfully available for use, a name, or trademark that is subject to any rights of another person, or entity other than you without appropriate authorization, or a name that is otherwise not appropriate and/or offensive.
Please do not reveal your Account information to anyone else. You are responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you must agree to immediately notify Klaborate of any security breach of your Account. Klaborate shall not be responsible for any losses arising out of the unauthorized use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Klaborate account.
Services are available only to legal entities and to individuals who are at least 18 years old.
The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the Klaborate Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
PAYMENT
You agree that you will pay for the Services, and that Klaborate may charge your selected payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account.
Prices for the Services may change at any time at Klaborate’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
Klaborate’s regular plans are subscription based. Upon signing up for one of our regular monthly plans. You authorize and give consent that Klaborate, via our payment gateway, PayPal, will charge your account monthly, quarterly, semi-annually, or annually, depending on the subscription you signed up for.
You can upgrade, downgrade, or cancel the service any time; you may contact us through the contact page or by the provided email address to issue a plan change or termination request.
REFUNDS
All payments are non-refundable. No exceptions will be made. The Refund Policy is clearly stated on the website. All clients are advised to read and agree with our terms policy prior to sign up.
The 30 day money-back guarantee or 30 day satisfaction guarantee involves the full 30 day period of your first month. To protect the company from fraudulent intentions and abuse, refunds requested on the last week of the 30 day period may not be issued if sufficient work is evident and there was no lapse in service.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge Klaborate, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims, and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Klaborate , its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or Klaborate Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
LIMITATION OF LIABILITY
In no event shall Klaborate be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service, or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.
KLABORATE, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY KLABORATE OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
INTELLECTUAL PROPERTY
Klaborate graphics, logos, designs, page headers, button icons, scripts, service names, and any other intellectual property are the sole and exclusive intellectual property of Klaborate. Klaborate’s intellectual property may not be used in connection with any product or service without the prior written consent of Klaborate.
SUPPORT REQUESTS & REASONABLE USE
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time.
Each request is subject to a maximum of one hour of development. The effort required for development is exclusively determined by the Klaborate management. For work outside of the scope of the Klaborate 1 hour development agreement, Klaborate management may, at its discretion, break the work up into one hour blocks spread out over several business days, or provide alternate solutions to the client including referral to the Klaborate partner network.
Klaborate operates during normal business hours, but provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved.
Your requests are subject to approval by Klaborate management or by its assigned agent.
NATURE OF REQUESTS
Requests should fall within the following categories:
User Interface Troubleshooting
HTML, CSS, JavaScript changes
Styling with CSS
Content population & image manipulation
Creation of graphics (e.g. logos, buttons, banners, etc.)
WordPress advice and support
Optimization of CSS, JavaScript, and Images
Theme/plugin audits
Theme/ Plugin installation and implementation
Organic SEO Services
If you are unsure about whether or not a request meets these criteria, submit it as a ticket to our sales or support system and we will either accept the ticket or deny the ticket based on managerial approval.
Examples of requests which shall not meet Klaborate management approval for support: Custom plugin, custom theme development, back-end custom coding, and tasks that are outside the WordPress environment.
Any fix deemed by Klaborate management to exceed one hour of WordPress Expert’s work, unless approved of as a project that would be done over several business days by Klaborate, will be rejected.
THIRD-PARTY MATERIALS
Certain services available may include materials from third parties. If Klaborate provides links to third-party materials as a convenience to you, you agree that Klaborate is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability and / or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree not to use any third-party materials in a manner that would infringe or violate the rights of any other party and that Klaborate is not in any way responsible for any such use by you.
UNLIMITED AND REASONABLE USE
The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by Klaborate management, at its sole and exclusive discretion. Customers deemed to be abusing the Klaborate service or team will be contacted by the Klaborate management. Klaborate management retains the sole and absolute discretion to suspend service to you if Klaborate management deems it necessary.
TERMINATION & CANCELLATION
You may cancel the Klaborate membership service anytime.
Klaborate may terminate or suspend any and all Services and/or your Klaborate account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to cancel your Klaborate account, you must Contact us with your cancellation request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You can contact us through the contact page or by the provided email address to issue a termination request.
CHANGE
Klaborate reserves the right, at its sole discretion, to change or remove or replace or add to the terms at any time. If the alterations constitute a material change to the terms, Klaborate will notify you by posting an announcement on the website. What constitutes a material change will be determined at Klaborate’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
MISCELLANEOUS
No partnership, agency, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Klaborate in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Klaborate shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Klaborate’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Klaborate may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines and are subject to the exclusive jurisdiction of Philippine courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.
For further information, please email solutions@klaborate.com
TERMS OF SERVICE
Updated: May 25, 2018
The following are the terms of use of the Klaborate website and services. You can also view our Privacy Policy to learn about our practices towards handling any personal information that you may provide to us.
Before using Klaborate’s services, you are required to read, understand, and agree to these terms. You may only create an account after reading and accepting these terms.
THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF KLABORATE (“SERVICES”). BY USING THE KLABORATE SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT KLABORATE SOLE DISCRETION. IF YOU DO NOT AGREE AND ABIDE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
ACCEPTANCE OF TERMS
The web pages available at klaborate.com and all associated pages (“Site”), are owned and operated by Klaborate Solutions (“Klaborate”) and is accessed by you under the Terms of Use described below (“Terms”).
Please read these terms carefully before using the services. By accessing the site, viewing any content, or using any services available on the site, you are agreeing to be bound by these terms, which together with our Privacy Policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site or use our services.
DESCRIPTION OF MEMBERSHIP SERVICE
The Site is an internet service that offers email support to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content Klaborate makes available to or performs for you, as well as the offering of any materials displayed, transmitted, or performed on the Site or through the Services.
Your access to and use of the Site may be interrupted from time to time, as a result of equipment malfunction, upgrade, maintenance, or repair of the Site or otherwise, within or outside the control of Klaborate. Klaborate has the right to change, suspend, or discontinue the availability of the Site and/or Services and/or remove any content at any time in its sole discretion without notice.
REGISTRATION
As a condition to using Klaborate Services, you are required to either purchase one of our subscription plans or purchase a one-time service. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and suspension and/or termination of your Klaborate account.
Shall you be required to register or create an account, you may not use as a username the name of another person or entity or that is not lawfully available for use, a name, or trademark that is subject to any rights of another person, or entity other than you without appropriate authorization, or a name that is otherwise not appropriate and/or offensive.
Please do not reveal your Account information to anyone else. You are responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you must agree to immediately notify Klaborate of any security breach of your Account. Klaborate shall not be responsible for any losses arising out of the unauthorized use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Klaborate account.
Services are available only to legal entities and to individuals who are at least 18 years old.
The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the Klaborate Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
PAYMENT
You agree that you will pay for the Services, and that Klaborate may charge your selected payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account.
Prices for the Services may change at any time at Klaborate’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
Klaborate’s regular plans are subscription based. Upon signing up for one of our regular monthly plans. You authorize and give consent that Klaborate, via our payment gateway, PayPal, will charge your account monthly, quarterly, semi-annually, or annually, depending on the subscription you signed up for.
You can upgrade, downgrade, or cancel the service any time; you may contact us through the contact page or by the provided email address to issue a plan change or termination request.
REFUNDS
All payments are non-refundable. No exceptions will be made. The Refund Policy is clearly stated on the website. All clients are advised to read and agree with our terms policy prior to sign up.
The 30 day money-back guarantee or 30 day satisfaction guarantee involves the full 30 day period of your first month. To protect the company from fraudulent intentions and abuse, refunds requested on the last week of the 30 day period may not be issued if sufficient work is evident and there was no lapse in service.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge Klaborate, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims, and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Klaborate , its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or Klaborate Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
LIMITATION OF LIABILITY
In no event shall Klaborate be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service, or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.
KLABORATE, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY KLABORATE OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
INTELLECTUAL PROPERTY
Klaborate graphics, logos, designs, page headers, button icons, scripts, service names, and any other intellectual property are the sole and exclusive intellectual property of Klaborate . Klaborate’s intellectual property may not be used in connection with any product or service without the prior written consent of Klaborate.
SUPPORT REQUESTS & REASONABLE USE
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time.
Each request is subject to a maximum of one hour of development. The effort required for development is exclusively determined by the Klaborate management. For work outside of the scope of the Klaborate 1 hour development agreement, Klaborate management may, at its discretion, break the work up into one hour blocks spread out over several business days, or provide alternate solutions to the client including referral to the Klaborate partner network.
Klaborate operates during normal business hours, but provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved.
Your requests are subject to approval by Klaborate management or by its assigned agent.
NATURE OF REQUESTS
Requests should fall within the following categories:
User Interface Troubleshooting
HTML, CSS, JavaScript changes
Styling with CSS
Content population & image manipulation
Creation of graphics (e.g. logos, buttons, banners, etc.)
WordPress advice and support
Optimization of CSS, JavaScript, and Images
Theme/plugin audits
Theme/ Plugin installation and implementation
Organic SEO Services
If you are unsure about whether or not a request meets these criteria, submit it as a ticket to our sales or support system and we will either accept the ticket or deny the ticket based on managerial approval.
Examples of requests which shall not meet Klaborate management approval for support: Custom plugin, custom theme development, back-end custom coding, and tasks that are outside the WordPress environment.
Any fix deemed by Klaborate management to exceed one hour of WordPress Expert’s work, unless approved of as a project that would be done over several business days by Klaborate, will be rejected.
THIRD-PARTY MATERIALS
Certain services available may include materials from third parties. If Klaborate provides links to third-party materials as a convenience to you, you agree that Klaborate is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability and / or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree not to use any third-party materials in a manner that would infringe or violate the rights of any other party and that Klaborate is not in any way responsible for any such use by you.
UNLIMITED AND REASONABLE USE
The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by Klaborate management, at its sole and exclusive discretion. Customers deemed to be abusing the Klaborate service or team will be contacted by the Klaborate management. Klaborate management retains the sole and absolute discretion to suspend service to you if Klaborate management deems it necessary.
TERMINATION & CANCELLATION
You may cancel the Klaborate membership service anytime.
Klaborate may terminate or suspend any and all Services and/or your Klaborate account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to cancel your Klaborate account, you must Contact us with your cancellation request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You can contact us through the contact page or by the provided email address to issue a termination request.
CHANGE
Klaborate reserves the right, at its sole discretion, to change or remove or replace or add to the terms at any time. If the alterations constitute a material change to the terms, Klaborate will notify you by posting an announcement on the website. What constitutes a material change will be determined at Klaborate’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
MISCELLANEOUS
No partnership, agency, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Klaborate in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Klaborate shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Klaborate’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Klaborate may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines and are subject to the exclusive jurisdiction of Philippine courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.
For further information, please email solutions@klaborate.com