1. REFUND AND CANCELLATION POLICIES
Unless otherwise stated on the specific products sales page and order form all of our products, all COMPANY purchases come with a 24 hour no questions asked refund period. To have your refund qualify for this offer please reach out to our support and request a refund. After 24 hours have passed the programs and services comes with an 7 days cancelation notice. Meaning that after 24hours, our team will have spent time alerady setting up proper back end structure and will have to dedicate full 31 days of continuous work & if canceling our service is wanted simply give us a notice up to 7 days before your renewal date.
2. ORDERS, FEES AND PAYMENT
2.1. Orders. Customer may order Services using the COMPANY’s then-current ordering processes. All Orders are subject to acceptance by COMPANY in its discretion. All Customer information provided by or on behalf of Customer must be current, complete and accurate and Customer is responsible for keeping such information updated. All Invoices & Orders are subjected to automatic processing by COMPANY for the purposes of managing Customer’s account at any moment.
2.2. Fees and Payment. Customer is responsible for all fees applicable to the Services, including any one-time implementation fees (“Fees”). All Fees are due and payable as set forth on the invoice and, unless otherwise agreed in writing, payments are due thirty (30) days from the invoice date. Customer agrees to notify COMPANY of any fee dispute within fifteen (15) days of the invoice date and Customer agrees to work in good faith to promptly resolve any dispute and pay fees within fifteen (15) days following resolution of the dispute. When applicable, Customer authorizes COMPANY (i) to take steps to determine whether a debit/credit card number provided is valid, and (ii) charge such card in accordance with the billing frequency specified in the Order. COMPANY reserves the right to terminate its agreement with Customer immediately in the event any payment information is found at any time to be inaccurate, incomplete and/or not current. COMPANY shall not be responsible for any overdraft charges or other fees that may be incurred due to COMPANY use of Customer’s card for payment hereunder. COMPANY will not agree to submit invoices via a customer procurement to pay online portal and/or Electronic Data Interchange (EDI) Portals. COMPANY reserves the right to update the price for Services at any time after the Initial Term. COMPANY will notify Customer of any price changes by publishing on its website, emailing, quoting or invoicing Customer. Price changes will be effective as of the next billing cycle.
2.3. Additional Services. Customer may order additional Services at any time. Unless otherwise agreed in the applicable Order, any additional Services ordered by Customer following the Effective Date are subject to these Terms and Conditions, and shall be coterminous with the Terms and Conditions for existing Services. Any invoice with a percentage paid in advance, payment information will be encryptedly stored with processor & applicable for next due invoice.
2.4. Late Payments. COMPANY reserves the right, in its discretion, to (i) suspend or terminate the Services or any portion thereof for non-payment of undisputed Fees, and (ii) impose a charge to restore archived data from delinquent accounts. Customer agrees to reimburse COMPANY for all reasonable costs and expenses incurred in collecting delinquent amounts.
2.5. Taxes and Withholding. Customer shall be responsible for all applicable taxes (including but not limited to withholding tax, sales tax, services tax, value-added tax (VAT), goods and services tax (GST), tariffs, Universal Services Fund (USF) fees (if applicable to the Audio Services only) and/or duties) (collectively, “Taxes”) imposed by any government entity or collecting agency based on the Services, except those Taxes based on COMPANY net income, and/or those Taxes for which Customer has provided a certificate confirming Customer is otherwise exempt. If Customer fails to satisfy its Tax obligations herein, Customer agrees to reimburse COMPANY for any Taxes paid on Customer’s behalf and indemnify and hold COMPANY harmless against any claim, liability and/or penalties resulting therefrom.
4. THIRD PARTY REFERENCES / HYPERLINKS
The Website may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.
5. CONTACTING US
If you need to contact us, you can email us at email@example.com
6. COMPLIANCE WITH LAWS
In connection with the performance, access and use of the Services under these Terms and Conditions, COMPANY and Customer agrees to comply with all applicable laws, rules and regulations including, but not limited to, export and import, data protection, and privacy laws and regulations. Specifically, Customer shall provide the relevant persons and/or participants with all information or notices Customer is required by applicable privacy and data protection laws to provide and, if necessary, obtain the consent of or provide choices to such persons and/or participants as required. Notwithstanding any other provision in these Terms and Conditions, COMPANY shall have the right to immediately terminate its agreement with Customer for noncompliance with applicable laws.
7. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Any provision herein to the contrary notwithstanding, the maximum liability of COMPANY to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to COMPANY by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this section are integral to the amount of consideration levied in connection with the Website and any services rendered hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
You agree to indemnify and hold COMPANY, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable solicitor fees, made by any third party due to or arising out of or in connection with any user content or content you post or share on or through the website, your use of the service or the website, your conduct in connection with the service or the website or with other users of the service or the website, or any violation of these Terms or of any law or the rights of any third party.
We believe that the material on this website is based on reliable information. However, does not warrant the accuracy, completeness or timeliness of any of the material on this website, and the material should be confirmed from other sources. Any projections are estimates only, and may not be realised.
The material on our website site does not constitute either:
an offer or invitation from Aether Forex; or
a securities recommendation by COMPANY to buy or sell securities or any other financial products.
Nothing on our website constitutes personal financial advice. Results are not typical and not guaranteed to everyone.The material on this site does not take into account personal circumstances and needs of any particular person. Before making any investment decision, you should consider your own personal circumstances.
Except for liability which cannot legally be excluded, COMPANY excludes all liability (including liability for negligence) arising from the use of any material on this site. Liability which cannot legally be excluded is limited to the maximum extent possible. This site should not be used as a substitute for professional advice.
Except for liability which cannot legally be excluded, COMPANY excludes all liability (including liability for negligence) arising from the use of data or information provided by third party providers to the website. Liability which cannot legally be excluded is limited to the maximum extent possible. Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of the Website or Services.
10. ADDITIONAL TERMS
10.1. Services Trial. COMPANY may make the Services available to Customer on a trial basis or offer promotional versions of the Services for a limited period of time (“Trial Period”), as specified on the applicable Order. The Trial Period shall terminate (i) at the end of the stated Trial Period, or (ii) if no such date is specified, thirty (30) days from the date of Customer’s initial access to the Services. Following expiration of the Trial Period, the Services may automatically continue unless cancelled by Customer, and Customer is responsible for payment of the applicable Fees set forth in the Order. During the Trial Period, COMPANY provides the Services “AS IS” and without warranty or indemnity, to the extent permitted by law, and all other terms of these Terms and Conditions otherwise apply. COMPANY reserves the right to modify or discontinue any trials or promotions at any time without notice.
10.2. Copyright. In the event Customer believes that the Services have been used in a manner that constitutes copyright infringement, Customer shall notify COMPANY at firstname.lastname@example.org, and provide all of the following information, as required by the Digital Millennium Copyright Act ("DMCA"): (i) a statement that Customer has identified content in the Services that infringes a copyright of a third party for whom Customer is authorized to act; (ii) a description of the copyrighted work Customer claims has been infringed; (iii) a specific description of where the allegedly infringing material is located in the Services, including a URL or exact description of the content's location; (iv) Customer’s name, address, telephone number, and e-mail address; (v) a statement that Customer has a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use); (vi) a statement that, under penalty of perjury, the information in Customer’s notice is accurate and that Customer is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and(vii) Customer’s electronic or scanned physical signature. COMPANY reserves the right to delete or disable allegedly infringing content, to terminate the accounts of users who are repeat infringers, and to forward the information in the copyright-infringement notice to the user who allegedly provided the infringing content.
10.4. Suspension of Service. COMPANY may temporarily suspend the Services if COMPANY determines, in its sole discretion, that continued provision would compromise the security of the Services due to, without limitation, hacking attempts, denial of service attacks, mail bombs or other malicious activities, and COMPANY will take action to promptly resolve any such security issues. COMPANY agrees to notify Customer of any such suspension and subsequent reactivation of the Services.
10.5. Assignment. Neither party may assign its rights or delegate its duties under these Terms and Conditions either in whole or in part without the other party’s prior written consent, which shall not be unreasonably withheld, except that either party may assign these Terms and Conditions as part of a corporate reorganization, consolidation, merger, or sale of all or substantially all of its assets. Any attempted assignment without such consent shall be void. These Terms and Conditions will bind and inure to the benefit of each party’s successors or assigns.
10.6. Notices. All legal notices required under these Terms and Conditions shall be in writing and delivered in person or by certified or registered express mail or email to the address last designated on the account for Customer, and the COMPANY contracting entity as specified below, or such other address as either party may specify by notice to the other party as provided herein. Notice shall be deemed given (i) upon personal delivery; (ii) if delivered by air courier or email, upon confirmation of receipt; or (iii)five (5) days after deposit in the mail. Non-legal notices may be provided to the email address specified on the applicable Order and shall be deemed effective on the next business day following the date and time stamp on the sender’s email. COMPANY may also provide Customer with notice postings on the COMPANY Website.
10.7. Entire Agreement; Order of Precedence. These Terms and Conditions set forth the entire agreement and understanding of the parties relating to the Services and supersedes all prior and contemporaneous oral and written agreements. For any conflict between an executed Order, these Terms and Conditions and the Service Descriptions, the conflict shall be resolved in that order, but only for the specific Services described in the applicable Order. For any conflict between these Terms and Conditions and any BAA, these Terms and Conditions shall control. Nothing contained in any document submitted by Customer shall in any way add to or otherwise modify these Terms and Conditions or COMPANY’s program terms. These Terms and Conditions may be updated by COMPANY from time to time without notice (but will be identified by the last updated date) and may be reviewed at Terms of Service. Customer’s continued access to and use of the Service constitutes acceptance of the then-current Terms and Conditions.
10.8. General Terms. Captions and headings are used herein for convenience only, are not a part of these Terms and Conditions, and shall not be used in interpreting or construing these Terms and Conditions. If any provision of these Terms and Conditions is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from these Terms and Conditions and the other provisions shall remain in full force and effect. The parties are independent contractors and nothing in these Terms and Conditions creates a partnership, franchise, joint venture, agency, fiduciary or employment relationship between or among the parties. No person or entity not a party to these Terms and Conditions will be deemed to be a third party beneficiary of these Terms and Conditions or any provision hereof. COMPANY authorized resellers and distributors do not have the right to make modifications to these Terms and Conditions or to make any additional representations, commitments, or warranties binding on COMPANY. No waiver or amendment of any term or condition of these Terms and Conditions shall be valid or binding on any party unless agreed to in writing by COMPANY or Customer. COMPANY failure to enforce any term of these Terms and Conditions will not be construed as a waiver of the right to enforce any such terms in the future. Unless otherwise specified, remedies are cumulative. These Terms and Conditions may be agreed to online, or executed by electronic signature and in one or more counterparts. No party will be responsible for any delay, interruption or other failure to perform under these Terms and Conditions due to force majeure events and acts beyond a party’s reasonable control, but only for so long as such conditions persist. Force majeure events may include: natural disasters; wars; terrorist activities, activities of local exchange carriers, telephone carriers, wireless carriers, and Internet service providers, labor disputes; and acts of government.
11. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and COMPANY with respect to the Website and supersedes all prior or contemporaneous communications between you and COMPANY with respect to the Website. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
12. ARBITRATION OF DISPUTES
NOTICE: BY USING THE WEBSITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THE WEBSITE.
13. CLASS ACTION WAIVER
ANY LEGAL ACTION OR ARBITRATION ARISING IN CONNECTION WITH THE USE OF THE WEBSITE OR THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
14. ATTORNEYS’ FEES
In any dispute, action, proceeding, or arbitration regarding the use of the Website or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).