You agree to be bound by the following terms and conditions by utilising the Jimmo Website services. Jimmo Website maintains the right to modify these Terms and Conditions at any time and without prior notice, and your continued use of Jimmo Website indicates your acceptance of such modifications.
DESCRIPTION OF SERVICES.
Jimmo Website will provide a continuous collection of online services, such as website design, copywriting, hosting, security, a designer platform and editorial development, search engine optimization, and website upgrades, as detailed on the registration page for each service.
LIMITATIONS OF SCOPE.
Jimmo Website is not liable for work that exceeds the scope of services outlined in the Client’s active subscription plan at the time service is initiated. Any modifications to the scope of services must be authorised by both parties before taking effect.
All content produced by Jimmo Website within the scope of the Services, including software and web code, contents, graphics, and design, or material developed or licenced by Jimmo Website for Client as part of the Services, is protected by Jimmo Website’s copyright and remains Jimmo Website’s exclusive property until handed over to Client. Client shall own any copyrights paid for by Client upon termination of this Agreement. Client may use Jimmo Website copyrighted content, EXCEPT software, web code, themes, plug-ins, and other files or code used to create the Client website, indefinitely for their company website, newsletter, and other marketing collateral following full payment and cancellation of this agreement in accordance with Section 6 below. This use is confined to the Client firm, and Client has no rights to resell, licence, or otherwise make the content available to third parties.
Client may use all Jimmo Website copyrighted content, EXCEPT software, web code, themes, plug-ins, and other files or code used to create the Client website, indefinitely for their company website, newsletter, and other marketing collateral in the event Jimmo Website ceases business operations and providing the services described in this agreement. This use is confined to the Client firm, and Client has no rights to resell, licence, or otherwise make the content available to third parties.
Customer expressly acknowledges and accepts that Jimmo Website shall have the right to utilise the name of Client, including the Client Web Site, for marketing and referral reasons.
REFUNDS AND TERM/TERMINATION POLICIES
Except for reasons of non-performance by either party, this Agreement shall continue in existence until one of the parties explicitly terminates it in writing. Jimmo Website will commence subscription billing to Client on the day (the “Renewal Date”) client accepts these terms of service, and it will automatically renew for successive one-month periods unless it is expressly cancelled in writing or through email.
Termination of this Agreement requires thirty (30) days’ written or email notice prior to the desired termination date. Jimmo Website may terminate the agreement immediately if notification is not provided or if payment is not made by the due date more than once during any period. Upon expiration or termination of this Agreement for non-payment or non-performance by client, I all licences granted by Jimmo Website to Client shall automatically terminate and Client shall immediately cease use of the designer platform, going to host and security services, as well as (ii) Patient’s correct to the Services offered to Jimmo Website’s Clients ‘ll automatically discontinue.
Jimmo Website shall offer its services and fulfil its duties under this Agreement in a timely and professional way, utilising knowledge and abilities compatible with generally accepted norms in Jimmo Website’s business, and will provide a fair degree of care. Jimmo Website disclaims, and the client waives, all explicit or implied warranties as to merchantability, suitability for a particular use or purpose, title, non-infringement, or any other warranty, condition, guarantee, or representation relating to the services. The Jimmo Website does not guarantee that the software or other items or services offered herein will be error-free or uninterrupted. Under no circumstances, including negligence, shall the Company be liable for any direct, indirect, incidental, special, consequential, or other damages, including losses resulting from the use of or inability to access the Website. The Company is not liable for any damages resulting from errors, omissions, interruptions, loss of data, errors, flaws, delays in operation or transmission, or other failure of performance.
LIMITATIONS OF LIABILITY.
Jimmo Website’s responsibility to pay the damages for any losses caused by client as a result of Jimmo Website’s breach of the contract, negligence, or other tort, regardless of the theory of liability asserted, is limited to no more than this same full sum of the most recent three (3) months of base fees paid under this agreement. Jimmo Website and its licensors are not responsible for lost profits or indirect, punitive, exemplary, or unusual damages. In addition, Jimmo Website shall have no obligation to the client for any hardware, software, information, or materials originating from or pertaining to third parties. Jimmo Website is also not responsible for direct or indirect losses caused by viruses, hackers, or other malicious or unintentional destruction of systems or data, despite its efforts to prevent or reduce exposure to such risks.
Subject to the stipulations hereof, Client shall indemnify, defend, and keep harmless Jimmo Website and its licensors from and against any and all monies payable under any judgement, verdict, court order, or settlement for third party claims originating from products or services linked to this Agreement. In contrast, Jimmo Website must indemnify, defend, and keep harmless Client from and against all monies due pursuant to any judgement, decision, court order, or settlement for third party claims made against Client stemming from Jimmo Website’s gross negligence or deliberate wrongdoing.