Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by WEF Consulting, Inc. that you are agreeing to these Terms of Service(TOS), Acceptable Usage Policy (AUP), and Privacy Policy. WEF Consulting may revise these policies from time to time. A Client's use of the Services after revisions to these policies are posted on WEF Consulting's website at this location will constitute acceptance of any changes or additions. From herewith in this TOS, AUP, and Privacy Policy, the usage of “us”, “we”, “our”, “ours” shall constitute reference to WEF Consulting, the usage of “Client”, “Customer”, “you”, “your”, “they”, “them” shall refer to the client or customer of WEF Consulting, Inc.
Web Hosting Services
WEF Consulting agrees to provide web hosting services according to the
plan selected by the Client upon activation of your account.
WEF Consulting reserves the right to change, amend and/or otherwise alter
the services provided with equivalent or otherwise equal services without prior
notice to you. You agree to receive periodic emails from WEF Consulting in
regards to products, services, your account, and system updates. The Client
acknowledges that the service, and service fees have been communicated to the
client, and that they are aware of all applicable charges as per contract, AUP,
and TOS.
Acceptable Use Policy
WEF Consulting provides web hosting services to many customers and has a
responsibility to ensure the security and to provide the highest quality of web
hosting available. Acceptable Use guidelines have been designed to ensure the
safety and security of our entire hosting network, servers and clientele. If
your account violates this TOS or our Acceptable Use Policy, we reserve the
right to terminate your service without notice. While we prefer to advise
clients of inappropriate behavior and any necessary corrective action, some
inappropriate behaviors or violations, could result in immediate termination of
service.
In the event of any inconsistencies between this Terms of Service Agreement
and the Acceptable Use Policy, the terms of the Acceptable Use Policy shall
govern. Notwithstanding anything to the contrary contained in this Agreement,
WEF Consulting may immediately take corrective action, including removal
of all or a portion of a Client's Content, disconnection or discontinuance of
any and all Services, or termination of this Agreement in the event of notice
of possible violation by the Client of the AUP. In the event WEF Consulting
takes corrective action due to a violation of the Acceptable Use Policy, WEF
Consulting shall not refund to Client any fees paid in advance of such
corrective action. Client hereby agrees that WEF Consulting shall have no
liability to Client or any of Client's customers due to any corrective action
that WEF Consulting may take (including, without limitation, disconnection of
Services).
Web Site Ownership
The legal owner of customers’ web sites and accounts with
WEF Consulting will be the individual or organization whose name is listed
in WEF Consulting's database as the owner. Customers will fully cooperate
with and abide by any and all of WEF Consulting's security measures and
procedures in the event of any dispute over ownership of customers’ web
sites and accounts with WEF Consulting.
Payments and Fees
WEF Consulting accepts payment by Credit Card (Visa, MasterCard) and by
personal check, cashiers check or money order. All charges are shown in US
Dollars. Payments are to be made in US dollars.
WEF Consulting may charge a non-refundable set up fee as well as it's periodic service fee which in some cases may be refundable as further set forth elsewhere herein. According to the services you order, we may also charge you for Domain Registration Fees and specifically reserve the right to institute additional charges upon notice to you. WEF Consulting reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
Payment by Credit Card
Prior to activation of your user account and at any applicable time thereafter
you agree to allow WEF Consulting to charge your provided credit card and
at stated regular intervals the agreed service fee amount for the stated period
together with any WEF Consulting set-up charges, domain registration fees,
or any other charges outlined herein as may be applicable. You further
authorize WEF Consulting to charge your credit card for all subsequent
period fees at, or a reasonable period in advance of, the commencement of any
such subsequent period. You agree to maintain current valid existing credit
card information with WEF Consulting for the purpose of satisfying the WEF
Consulting charges as they become due. Refusal or rejection of any such charge
or any portion thereof is grounds for account suspension and/or termination at
the sole option of WEF Consulting under the Termination Paragraph below.
Payment by Check
Prior to activation of your user account you agree to submit a check payable in
U.S. dollars against a bank located within the United States. WEF Consulting is
under no obligation to initiate service until the proceeds of such check have
been cleared by such financial institution and have been received by
WEF Consulting. Electronic invoices will be submitted to you as a courtesy
only. Payment for subsequent fees are due and payable upon invoice and in no
instance later than the expiration of the last day of the previous period
without regard to any invoice. It is your responsibility when paying by check
to make sure that your payment is received by WEF Consulting. An
administrative fee of $25.00 will be charged for the refusal, rejection or
return of any such check for any reason whatsoever or any portion thereof. In
addition, refusal, rejection or return of any such check for any reason
whatsoever or any portion thereof is grounds for account suspension and/or
termination at the sole option of WEF Consulting under the
Termination Paragraph below.
It is recommended that in order to avoid any service interruption that you submit your payment to WEF Consulting a sufficient time before the expiration of the current service period so that it reaches WEF Consulting in advance of the renewal date.
Billing
The first payment is due on the signup date. Subsequent payments are due every
30 days following this date (for monthly billing cycles), or every 365 days
following this date (for annual billing cycles). Accounts that are ten (10)
days past due will be automatically suspended. Accounts thirty (30) days past due
will be deleted from the server without a refund of any payments made thus far.
If any terms or conditions are failed to be followed, the account in question
will be automatically deactivated. If you exceed resources such as space and
bandwidth allocated to you, your account will be charged for the additional
usage; alternatively you can choose to upgarde to the next plan.
Price Freeze Guarantee
Each client is guaranteed to enjoy the pricing structure that they're currently
on for their account(s), for as long as they're on the same account(s) and
payment is up-to-date. This guarantee applies even if there are pricing and/or
package changes reflected at our main site. New accounts (including those
opened by existing clients) always take on the latest pricing structure. This
price freeze applies to web hosting only, domain registration fees are excluded
from this guarantee.
Account Renewal and Cancellation
Hosting plans will automatically renew until a plan is cancelled. Hosting plans
are renewed for the same billing cycle. Cancellations must be in writing, via
email to
, or opening a trouble ticket requesting a cancellation. Telephone requests to
cancel an account will not be accepted. Although no notice is required, and
there is no cancellation fee, all fees paid for service up to the notice of
cancellation are non-refundable. If cancellation is made within the first 30
days of service and no terms are breached all hosting fees will be refunded.
This does not include fees for domain registration or custom setup charges.
Cancellation requests must be received by WEF Consulting a minimum of five (5) days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by WEF Consulting. For your protection, WEF Consulting will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact WEF Consulting as soon as possible.
WEF Consulting does not monitor, and will not automatically cancel plans for problems related to domain name transfers, non-usage, your ISP, or any other secondary issues not directly related to WEF Consulting's services. Cancellation of services does not relieve the Client from paying any outstanding balance owed on the account. WEF Consulting reserves the right to cancel any account, at any time, without notice, for any reason WEF Consulting considers appropriate.
Refund Policy
Refunds are only available in accordance with the 30 Day Money Back Guarantee.
You will be refunded 100% of your payments excluding domain registration fees,
overage charges like bandwidth, add-on charges like IPs and Setup charges
within the first month of our service if you request it (see
30 Day Money Back Guarentee . Please be aware
that there are no pro-rated refunds after the first 30 days of service.
Billing/Price Changes
WEF Consulting's billing policies and prices are subject to change without
notice. Any price changes will only affect new accounts, or upgrade/downgraded
accounts.
Reactivation
Sites suspended for non-payment, may be required to pay a $15.00 reactivation
fee, per incident. In addition, all fees due, must be collected before
re-activation. Accounts that are not collectable by WEF Consulting may be
turned over to an outside collection agency for collection. If your account is
turned over for collection, you agree to pay the company a "Processing and
Collection" Fee of not less than $50, but no more than $150.
Delinquent Accounts
WEF Consulting may temporarily deny service or terminate this Agreement
upon failure of Customer to pay charges when due. Such termination or denial
will not relieve Customer of responsibility for the payment of all accrued
service fees, or any collection fees.
Hosting Plan Changes
Clients electing to change to a lower priced hosting plan will not be charged a
downgrade fee. The lower fee will be effective at the next billing cycle. There
is no upgrade fee for upgrading to a higher priced plan, however, you will be
charged any difference between orginal package plan rate and the new package
plan rate.
Upgrading Hosting Plans & Hosting Specials
WEF Consulting reserves the right to offer in the future promotional rates
which may or may not be more favorable than the terms under which you entered
this agreement. Any such periodic special rates shall not effect the then
existing rights and responsibilities of each party. If you have purchased a
hosting package from WEF Consulting and within the first 30 calendar day's
of the activation of that account WEF Consulting offers a special on the
same named plan that you have purchased, you can have your features upgraded or
altered to match the features of the special offer.
If your account is older than 30 calendar days, you will have to upgrade
your hosting plan to receive the special and it's additional features. If a
hosting plan offers a reduced price anytime after you purchase your account,
you will have to upgrade your current plans to receive the special offer
pricing and features.
Statements
WEF Consulting does not mail paper invoices or statements. We will notify
you 3 days prior to billing your account, this is a reminder for your records,
once your account is billed you will get a email notice of payment from the
payment processor.
Billing and Credit Card Disputes/Chargebacks
All billing disputes must be reported within 30 days of the time the dispute
occurred.
WEF Consulting has a zero tolerance policy for chargebacks. Disputed charges to your credit card issuer, also known as chargebacks, that in WEF Consulting’s discretion are valid charges, under the terms and conditions of our AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service. A charge of $35.00 per chargeback will be assessed to all accounts that receive a chargeback.
Suspension and Termination
At the sole option of WEF Consulting for any reason set forth herein or in
the event that you breach any term of this agreement including but not limited
to Payment of Fees and Acceptable Use Policy WEF Consulting may suspend
your account by deactivating any access by you or by web users to any
information contained on the WEF Consulting servers related to your account
while maintaining the information and data related to your account upon the
WEF Consulting servers. Suspension shall specifically include the
disabling of your hosted domain and/or any access to information or data
related to your account. In the event of any such suspension you will be
notified and given an opportunity to correct such breach. In the event that
such breach is not corrected within ten (10) days the account may be
terminated. Service charges will continue to accrue on suspended accounts as if
they were not suspended. You will remain responsible for the payment of any
such charges during any such period of suspension.
Termination
This agreement and all of it's terms shall remain in full force and effect
until it is terminated. Termination shall include the removal of any and all of
your information from the WEF Consulting servers. Such information or data
may or may not be made available to you by WEF Consulting after any such
termination. This agreement may be terminated either (a) after a period of
suspension as set forth above or (b) by either party upon 5 days notice in
advance of a renewal period for any reason.
In the event of termination due to a suspension there will be no refund
provided to you.
Refusal of Service
WEF Consulting reserves the right to reject this Agreement for any reason
or no reason, prior to acceptance thereof by WEF Consulting. Activation of
the Services shall indicate WEF Consulting's acceptance of this Agreement.
Subject to the terms and conditions of this Agreement, WEF Consulting will
provide to Customer the Services selected by Customer set forth on the Order
Form.
Once Services have been provided, WEF Consulting reserves the right to
cancel, or suspend service at our sole discretion but not prohibited by Law.
WEF Consulting Responsibilities and Services
WEF Consulting's services include, but are not limited to:
Restrictions of Support
WEF Consulting will make every effort to offer support information for
configuring and maintaining popular web software to use our service. However we
can in no way specifically test every piece of software that could conceivably
be utilized with our systems. The offer of any particular service does not
constitute an obligation on our part to tutor the necessary skills to utilize
that service, only to provide system-specific information.
Cooperation with Legal Authorities
WEF Consulting may disclose any information in its possession, including,
without limitation, information about Clients, internet transmissions and
website activity in order to comply with a court order, subpoena, summons,
discovery request, warrant, statute, regulation or governmental request, to
protect WEF Consulting or others from harm, and/or to ensure the proper
operation of the Services. WEF Consulting has no obligation to notify any
person, including the Client about whom information is sought, that WEF
Consulting has provided the information.
Customer Responsibility
Customers are required to use the WEF Consulting network responsibly. This
includes respecting the other customers of WEF Consulting. The failure by
a customer to meet or follow the TOS or AUP is grounds for account
deactivation. WEF Consulting reserves the right to suspend and/or cancel
service with any customer who uses the WEF Consulting network in such a
way that adversely affects other WEF Consulting customers.
While WEF Consulting may monitor its service electronically to determine
that its facilities are operating satisfactorily, as a general practice,
WEF Consulting does not monitor its customers' communications or
activities to determine whether they are in compliance with the TOS. However,
when WEF Consulting becomes aware of any violation of the TOS or other
user agreements, WEF Consulting may take any action to stop or correct
such violation, including, but not limited to, denying access to WEF
Consulting's services and equipment or to the Internet. WEF Consulting
anticipates that customers who offer Internet services will cooperate with
WEF Consulting in any corrective or preventive action that
WEF Consulting deems necessary. Failure to cooperate with such corrective
or preventive measures is a violation of WEF Consulting policy and
WEF Consulting reserves the right to take any such action even though such
action may affect other customers of the WEF Consulting customer.
WEF Consulting will be the sole arbiter as to what constitutes a violation
of the TOS. If such violation is a criminal offense, WEF Consulting will
notify the appropriate law enforcement authorities of such violation. An
unlisted activity may also be a violation of the TOS if it is illegal,
irresponsible, or constitutes disruptive use of the Internet.
WEF Consulting does not issue credits for outages incurred through service
disablement resulting from TOS violations. Violators of the policy are
responsible, without limitations, for the cost of labor to rectify any damage
done to the operation of the network and business operations supported by the
network, and to respond to complaints incurred by WEF Consulting.
Network IP Ownership
If WEF Consulting assigns Customer an Internet Protocol address for
Customer's use, the right to use that Internet Protocol address shall belong
only to WEF Consulting, and Customer shall have no right to use that Internet
Protocol address except as permitted by WEF Consulting in its sole
discretion in connection with the Services, during the term of this Agreement.
WEF Consulting shall maintain and control ownership of all Internet
Protocol numbers and addresses that may be assigned to Customer by
WEF Consulting and WEF Consulting reserves the right to change or
remove any and all such Internet Protocol numbers and addresses, in its sole
and absolute discretion.
Bandwidth and Disk Usage
Client agrees that bandwidth and disk usage shall not exceed the number of
megabytes per month for the Services ordered by the Client on the Order Form.
WEF Consulting will monitor each Client's bandwidth and disk usage.
WEF Consulting shall have the right to take corrective action if Client's
bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may
include the assessment of additional charges, disconnection or discontinuance
of any and all Services, or termination of this Agreement, which actions may be
taken is in WEF Consulting sole and absolute discretion. If
WEF Consulting takes any corrective action under this section, Client
shall not be entitled to a refund of any fees paid in advance prior to such
action. In the event that a customer exceeds the included allocation,
WEF Consulting may, at its sole discretion, collect a deposit, in an
amount determined by WEF Consulting, against customer's credit card on
file with WEF Consulting.
Backups and Data Loss
WEF Consulting performs periodic backups of critical system files and user
files for emergency purposes. Clients should not rely on WEF Consulting
to perform site/data backups for them and are responsible for backing up their
own data. An easy-to-use instant backup facility is available via the
client control panel, cPanel. MySQL data dumps can be easily performed by the
client via cPanel or phpMyAdmin.
Clients are advised to backup all of their own files to their local drives.
WEF Consulting is not responsible for lost data, time, income or
any other resource due to hardware failure, faulty backups or non-existent
backups.
Force Majeure
Either party to this agreement shall be excused from any delay or failure in
performance hereunder caused by reason of any occurrence or contingency beyond
its reasonable control, including but not limited to, acts of God, wars,
insurrection, civil commotions, riots, national disasters, earthquakes,
strikes, fires, floods, water damage, explosions, shortages of labor or
materials, labor disputes, transportation problems, accidents, embargoes, or
governmental restrictions (collectively “Force Majeure”). Each party
will make reasonable efforts to reduce to a minimum and mitigate the effect of
any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of
finances will not be considered an event of Force Majeure nor will any event of
Force Majeure suspend any obligation of customers for the payment of money due.
The obligations and rights of the party so excused shall be extended on a
day-to-day basis for the period of time equal to that of the underlying cause
of the delay.
Disclaimer
WEF Consulting Services are provided on an as is, as available basis
without warranties of any kind, either express or implied, including, but not
limited to, warranties of merchantability, fitness for a particular purpose or
non-infringement. WEF Consulting expressly disclaims any representation or
warranty that the WEF Consulting service will be error-free, secure or
uninterrupted. No oral advice or written information given by
WEF Consulting, its employees, licensors or the like, will create a
warranty; nor may you rely on any such information or advice.
WEF Consulting and its partners and suppliers will not be liable for any
cost or damage arising either directly or indirectly from any transaction or
use of the service. You agree to use all WEF Consulting Services at your
own risk.
Indemnification
Client agrees to protect, defend, hold harmless, and indemnify
WEF Consulting and its parent, subsidiary and affiliated companies, and
each of their respective officers, directors, employees, shareholders and
agents (each an "indemnified party" and, collectively,
"indemnified parties") from and against any and all claims, damages,
losses, liabilities, suits, actions, demands, proceedings (whether legal or
administrative), and expenses (including, but not limited to, reasonable
attorney's fees) threatened, asserted, or filed by a third party against any of
the indemnified parties arising out of or relating to (i) Client's use of the
Services, (ii) any violation by Client of the Acceptable Usage Policy, (iii)
any breach of any representation, warranty or covenant of Client contained in
this Agreement or (iv) any acts or omissions of Client. The terms of this
section shall survive any termination of this Agreement. Client agrees that it
shall defend, indemnfy and hold WEF Consulting harmless from any and all
demands, liabilities, losses, costs and claims, including reasonable attorney's
fees asserted against us that may arise from any service provided or agreed to
be provided by us.
LIMITATION OF LIABILITY
WEF Consulting makes every reasonable effort to maintain operation of the
WEF Consulting service however because as many events and circumstances
are beyond the control of WEF Consulting, WEF Consulting does not in
any way warrant or otherwise guarantee the availability of the
WEF Consulting system or servers and is not responsible for any delay or
loss of data, lack of connection, slow connection, or any other such issues
whether due to the active or passive negligence of WEF Consulting.
In general, WEF Consulting has no control over information contained on
the Internet. Information obtained by you from the Internet may be inaccurate,
offensive or in some cases even illegal. WEF Consulting accepts no
responsibility for any information which you receive from the Internet. You
accept full responsibility to verify the truth and accuracy, legality and
ownership of the information that you obtain from the Internet as well as the
reputation of the individuals with whom you may deal. WEF Consulting
provides no warrantee for any goods or services which you obtain over the
Internet nor the compatibility of any such services with the
WEF Consulting system.
You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
IN NO EVENT WILL WEF CONSULTING (INCLUDING, WITHOUT LIMITATION, WEF CONSULTING'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS WEF CONSULTING, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WEF CONSULTING SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, ACT OF GOD, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD
THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO WEF CONSULTING IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL WEF CONSULTING BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the
customer, or any third party against the customer, WEF Consulting may
immediately terminate provision of WEF Consulting's services to the
customer without prior notice or penalty. Such customer consents to the grant
of relief from any automatic stay of proceedings against WEF Consulting in
such event.
Ownership of Intellectual Propery, Confidentiality
It is understood and agreed that during the term of this agreement and
thereafter you may come into possession of information which is the
confidential and proprietary information of WEF Consulting. You
acknowledge that all right and title to any such WEF Consulting
intellectual property shall remain the sole property of WEF Consulting and
that you have no right, title or interest therein. You further agree not to
provide access to the WEF Consulting services to any third party. You
agree yourself and not to assist any third party in any way to translate,
decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend,
license, distribute, market or otherwise dispose of any portion of the
WEF Consulting Services. Any and all right or title to any engineering,
coding, programming or customer service work around or other modification of
the WEF Consulting service shall also remain the sole property or
WEF Consulting.
During the term of this agreement you may have access to certain information and materials relating to the WEF Consulting business, customers, software technology and marketing which WEF Consulting treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of WEF Consulting; and (ii) not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
WEF Consulting's Intellectual PropertyThird Party Licenses
WEF Consulting makes a reasonable effort to provide customers with
technologies, developments, and innovations (collectively
“Technologies”), part of which may be licensed, or co-branded, from
or by, third party entities. However, WEF Consulting makes NO warranty of
any kind, either express or implied, regarding the quality, accuracy,
reliability, validity, or continued existence of any or all aspects of such
Technologies. Moreover, WEF Consulting specifically disclaims all
warranties of merchantability and and fitness for a particular purpose for such
Technologies. Furthermore, no customer will hold WEF Consulting liable in
any way for the revocation of any license, which has been licensed to
WEF Consulting. The use of the Technologies obtained from or through
WEF Consulting, or any other referred third party, whether directly or
indirectly, is at the sole risk of customers.
Non-WEF Consulting Products
Any mention of non-WEF Consulting products by WEF Consulting, its
employees, or any third party entity related to WEF Consulting is for
information purposes only and does not constitute an endorsement or
recommendation by WEF Consulting. WEF Consulting disclaims any and all
liabilities for any representation or warranty made by the vendors of such
non-WEF Consulting products or services.
Minimum Age Requirement
WEF Consulting customers must be at least 18 years of age. Any individual
under the age of 18 years (“Minor”) must have a parent or guardian
accept the TOS in order for the Minor to become a WEF Consulting customer.
A parent or guardian who accepts the TOS on behalf of a Minor will be primarily
liable for ensuring complete and proper compliance with the TOS, including the
timely and full payment of the charges for WEF Consulting services, and
such primary liability will continue even when the Minor has attained the age
of 18, unless the parent or guardian obtains WEF Consulting's express
written consent to the contrary. Any acceptance of the TOS or any other
agreement for WEF Consulting's services will be deemed null and void to
the extent that WEF Consulting will not be liable in any way as a result
of the Minor’s age or legal incapacity or the Minor’s use of
WEF Consulting's services.
Privacy
WEF Consulting is concerned with the privacy of on-line communications and
web sites. In general, the Internet is neither more nor less secure than other
means of communication, including mail, facsimile, and voice telephone service,
all of which can be intercepted and otherwise compromised. As a matter of
prudence, however, WEF Consulting urges its customers to assume that all
of their on-line communications are insecure. WEF Consulting cannot take
any responsibility for the security of information transmitted over WEF
Consulting's facilities. Additional details on privacy and
WEF Consulting's use of customer information can be found in
WEF Consulting's Privacy Statement located at
http://www.wefconsulting.net/legal/privacy.shtml
Service Modifications
WEF Consulting may discontinue, upgrade, replace, modify, or change in any
way, without limitation or notification to customers, any software,
application, program, data, hardware, equipment, or portions or components
thereof, used to provide customers with WEF Consulting's services. Certain
changes to WEF Consulting's services may affect the operation of
customers’ personalized applications and content. Each customer is solely
responsible, and WEF Consulting is not liable, for any and all such
personalized applications and content, except as expressly agreed to by
WEF Consulting.
Assignment
The Client may not assign or delegate their rights or obligations under the TOS
or other agreement for WEF Consulting's services, either in whole or in
part, without the prior written consent of WEF Consulting.
Governing Law
This TOS, and any other agreement for WEF Consulting services, will be
governed by and construed in accordance with the laws of the State of
Massachusetts, USA without reference to its conflicts of laws principles. Any
litigation or arbitration between a customer and WEF Consulting will take
place in Middlesex County, Massachusetts, and the customer will consent to
personal jurisdiction and venue in that jurisdiction.
Survival
If for any reason a court of competent jurisdiction finds any portion of this
TOS to be unenforceable, the remainder will continue in full force and effect.
This TOS together with AUP and Privacy Policy constitute the entire agreement
between "You" and "Us" with respect to the subject matter
hereof and supersede and replace all prior or contemporaneous agreements,
written or oral,regarding such subject matter.
No Agency
Notwithstanding any other provision of this agreement, WEF Consulting is
not your agent, partner or joint venturer in any respect.
Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or
relationship of employer and employee, principal and agent, partnership or
joint venture between WEF Consulting and its customers. Each of
WEF Consulting and its customers will be deemed an independent contractor
at all times and will have no right or authority to assume or create any
obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOS the masculine, feminine, or neuter gender is used, it will
be construed as including all genders, and wherever the singular is used, it
will be deemed to include the plural and vice versa, where the context so
requires. The division of the TOS into sections/paragraphs, and the insertion
of headings/captions, are for convenience of reference only and will not affect
the construction or interpretation of the TOS. Any rule of construction to the
effect that any ambiguity is to be resolved against the drafting party will not
be applicable in the construction or interpretation of the TOS.
Notices
You must provide us with, and keep current, good contact information for you.
E-mail, mailing address, fax, and telephone contacts are used, in that order of
preference.
Any notice under this agreement shall be given by WEF Consulting to you
via email at the email address provided by you to WEF Consulting at the
commencement of this agreement or as WEF Consulting is subsequently
advised. Notice to you at this address is deemed sufficient regardless of your
receipt of such email. If you wish to update your email address you should do
so at this page.
Any notice by you to WEF Consulting shall be made by telephone to a
customer service representative at 1-781-718-8938 during WEF Consulting
regular business hours Monday to Friday from 9:00 a.m. to 9:00 p.m. Eastern
Standard Time. Notice may also be sent via United States Mail to the following
Address:
WEF Consulting, Inc.
19 Wildwood Drive
Bedford, MA 01730
Waiver and Amendment
WEF Consulting may amend its policies at any time and without prior
notice. All clients old and new will abide by the latest version of the
AUP,
TOS and
Privacy Policy maintained at our site. Any
waiver, modification, or amendment of any provision of the TOS or other
agreement for WEF Consulting services, initiated by a customer, will be
effective only if accepted in writing and signed by an authorized
representative of WEF Consulting.
It is recommended that you view these pages periodically to see if any changes
have been made. By filling out an order form, purchasing an account, or
paying for an account, you automatically agree to these policies.
Complete Agreement and Exclusivity
The TOS, and/or any other specific agreement for WEF Consulting services,
constitutes the complete understanding and agreement between
WEF Consulting and its clients. Except when expressly agreed to the
contrary in signed writing by an authorized representative of
WEF Consulting, the TOS supersedes any other written (including
digitized/computerized) agreement, oral agreement, and/or agreement by conduct.
This TOS, and/or any other specific agreement for WEF Consulting services is
between WEF Consulting and its clients only and will not confer any rights
in any third party except as otherwise expressly provided by
WEF Consulting.
If you have any question regarding these policies please feel free to contact WEF Consulting at .
Last updated on January 17, 2016
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