1) Your relationship with DFYS
Your use of Done For You Solutions (hereinafter DFYS) services, (referred to collectively as the “Services” in this document and excluding any services provided to you by DFYS under a separate written agreement) is subject to the terms of a legal agreement between you and DFYS. “DFYS” is a subsidiary of Transperience Network, LLC, whose principal place of business is at 109 East 17th St., Suite #80 Cheyenne, WY 82001, United States.
These Terms of Service form a legally binding agreement between you and DFYS in relation to your use of the Services. It is important that you take the time to read them carefully. This legal agreement is referred to below as the “Terms”.
2) Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by:
a) clicking to accept or agree to the Terms, where this option is made available to you by DFYS in the user interface; or
b) by actually using the Services. In this case, you understand and agree that DFYS will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with DFYS.
Before you continue, you should print off or save a local copy of the Terms for your records.
3) Provision of the Services by DFYS
DFYS works with affiliated legal entities around the world (“Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of DFYS itself. You acknowledge and agree that Affiliates will be entitled to provide the Services to you.
DFYS is constantly innovating in order to provide the best possible experience for its clients. You acknowledge and agree that the form and nature of the Services which DFYS provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that DFYS may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at DFYS’s sole discretion, with prior notice to you.
You acknowledge and agree that if DFYS disables access to your account for breach, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
Work results performed by DFYS for you shall be owned by you and DFYS does not retain any rights over the work produced while performing paid Services for you.
4) Use of the Services by you
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to DFYS will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by DFYS, unless you have been specifically allowed to do so in a separate agreement with DFYS.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with DFYS, you agree that you will not reproduce, duplicate, copy or trade the Services for any purpose.
You agree that you are solely responsible for (and that DFYS has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which DFYS may suffer) of any such breach.
5) Changes to the Terms
DFYS may make changes to the Terms from time to time. When these changes are made, DFYS will make a new copy of the Terms available. You understand and agree that if you use the Services after the date on which the Terms have changed, DFYS will treat your use as acceptance of the updated Universal Terms or Additional Terms.
6) Account Security
You agree and understand that you are responsible for maintaining the confidentiality of materials associated with any account you use to access the Services.
If you become aware of any unauthorized use of your data, you agree to notify DFYS immediately at support[at]doneforyousolutions.com.
7) Privacy and your personal information
You agree to the use of your data in accordance with DFYS’s privacy policies.
8) US Holidays
All DFY team members receive US holidays off. You can request your team to work on US holidays, but there will be an additional fee equal to double the hourly service rate.
It is understood that neither party is considered an agent, employee, servant, partner or joint venturer of the other for any purpose whatsoever.
10)Keeping Your Account Active
You must input a valid credit card number and expiration date before you will be allowed to use the Service, and you do hereby represent and warrant that you are authorized to use the credit card. You do hereby authorize DFYS to charge your credit card for all expenses incurred on your account, including all additional fees and repair charges that may occur from a breach of contract. Subscribers have an on-going duty to update all changes relating to their credit card.
EXPLANATION OF SERVICE FEES AND BILLABLE TIME ACTIVITES
You understand and agree that we charge hourly fees, to perform any and all services pursuant to this agreement. This means we will charge you, and you are required to pay us, all of our fees for any and all time we invest on your behalf during the course of this agreement on any project activity whatsoever.
Billable Time Activities
All time spent by DFYS on any activity under this agreement is billable, starting at the point in time when the trial has started. This time can accrue for any/all project activity including but not limited to:
- Meetings, Skype sessions between you and the team, or between team members working on your projects
- Programming, optimization, performance tuning and/or troubleshooting tasks of any nature
- All activity in Basecamp
- Written requests to and responses from you
- Conference calls and/or telephone support
- Correspondence with 3rd-party service providers, affiliates or any other parties on your behalf
- Repeated attempts to establish login and/or access to your host servers, applications, databases control panels and/or web/data services
- Providing instructions and/or guidance to you for testing and/or specific outsourced procedures
- Providing consultation of any nature . Any/all similar activities of a support nature
- Performing any requested task
Non-Billable Time Activities
- Remote file transfer time (unless the connection becomes disrupted, and we have to re-establish it)
- The time you spend for your own testing activities
- The time required for DNS change propagation on website specific projects
Rollover Hours begin to accumulate and carry over in the first billing period and will continue to accumulate and be available as long as you are on an active month-to-month billing plan. Rollover Hours will expire immediately upon default or non-payment or if you change to a nonRollover plan. Rollover Hours are not redeemable for cash or credit and are not transferable.
12)One-Time Billing Extension
In the event you need to “place your account on hold” for any reason, including vacation or emergency, you may avail of a 1 time billing extension of up to 2 weeks without losing your “active” status. You will retain all of your accumulated Rollover Hours and your account will remain in good standing. Should your billing fail on the extended date your Rollover Hours will immediately expire and your account will be cancelled.
13)Ending your relationship with DFYS
The Terms will continue to apply until terminated by either you or DFYS as set out below.
If you want to terminate your legal agreement with DFYS, you may do so at any time by sending an email, to DFYS’s support email address support[at]doneforyousolutions.com.
DFYS may at any time, terminate its legal agreement with you if:
a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
b) DFYS is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
c) The partner with whom DFYS offered the Services to you has terminated its relationship with DFYS or ceased to offer the Services to you; or
d) DFYS is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
e) The provision of the Services to you by DFYS is, in DFYS’s opinion, no longer commercially viable.
Nothing in this Section shall affect DFYS’s rights regarding provision of Services under Section 3 of the Terms.
You are prohibited from hiring or attempting to hire or contract directly with any DFYS staff member for a period of 1 year after having discontinued DFYS services
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and DFYS have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
All payments to DFYS are nonrefundable. This includes the initial charge after the free-trial period and subsequent charges regardless of usage. No refund will be made for unused subscription periods. All overcharges or billing disputes must be reported within 60 days of the time the disputed charge occurred. If you dispute a charge to your credit card issuer that, in DFYS’s sole discretion is a valid charge under the provisions of the Terms, you agree to pay DFYS an “Administrative Fee” of not less than $50 and not more than $150. In the event you do not pay these fees within 30 days, the charges will be turned over to a collection agency. With the exception of card fraud or theft there is NO excuse for a chargeback – DFYS has a simple cancellation policy detailed in the Termination clause. Chargebacks severely damage DFYS and its ability to provide quality services. This policy is designed to protect DFYS and our clients.
It is DFYS’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.
The Services may include hyperlinks to other web sites or content or resources. DFYS may have no control over any web sites or resources which are provided by companies or persons other than DFYS.You acknowledge and agree that DFYS is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that DFYS is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
If you submit any idea, suggestion, or testimonial (collectively, “Submission”) to DFYS and or its Affiliates, then at any time and from time to time DFYS has the right to use or modify your Submission, without charge, in any manner that DFYS may deem appropriate, in its sole discretion and without additional consent or any notice or cause, including any posting on the Internet. If you make any Submission, then you represent and warrant that (i) You own or otherwise control the rights to your Submission, and (ii) the Submission does not constitute or contain any software virus, commercial solicitation, chain letter, mass mailing, or other form of “spam” or malicious software. You must not use any false e-mail address, impersonate any person or entity, or mislead DFYS and or its Affiliates or any third party as to the origin of any Submission. You may, however, post under a screen name or post anonymously, but only for so long as the screen name abides by the terms of this Agreement. You agree to indemnify and hold harmless DFYS and or its Affiliates from any and all Claims that arise out of or relate to any Submission. “Claims” means any and all liabilities, claims, losses, damages, expenses, costs (including attorneys’ fees incurred at trial, on appeal, or otherwise), debts, fines, charges, or liens, whether direct or indirect, including consequential, exemplary, incidental, special, punitive, lost profits, or otherwise
DFYS DISCLAIMS ALL WARRANTIES WITH REGARD TO SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, DFYS, AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DFYS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
19)LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DFYS AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
a) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
b) ANY CHANGES WHICH DFYS MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
c) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
d) YOUR FAILURE TO PROVIDE DFYS WITH ACCURATE ACCOUNT INFORMATION;
e) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON DFYS’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT DFYS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
If either party is unable to carry out its obligation under this Agreement, either wholly or in part, for a period of ten consecutive days as a result of acts of God, strikes, lockouts, or other industrial disturbances, wars, blockades, embargoes, insurrections, riots, acts or orders of government, explosions, fires, floods, perils of the sea, or any other cause not within the control of the party claiming relief from any of the requirements of this Agreement, and which by exercise of due diligence said party is unable to prevent or overcome, the party so failing shall give written notice and full particulars of such cause or causes to the other party as soon as possible after the occurrence of any such cause, and thereupon such obligations shall be suspended during the continuance of such hindrance, which, however, shall be remedied with all possible dispatch, and the obligations, terms and conditions of this Agreement shall be extended for such period as may be necessary for the purpose of making good any suspension so caused. If such hindrance shall last for three (3) consecutive months or more, either party, by notice in writing to the other, may terminate this Agreement.
This Agreement shall be governed by and construed according to the laws of the State of Wyoming. In the case of any dispute, which the parties cannot resolve amicably between themselves, a mediator agreeable to both parties will be selected to assist in resolving the dispute. Fees for such mediation will be split equally between the parties.
If any dispute cannot be resolved through mediation, any and all claims and actions arising out of this agreement, or otherwise, shall be settled in Laramie County, Wyoming in accordance with the rules of the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof. The other party will pay attorneys’ fees of the prevailing party for such arbitration. Neither the existence of such proceedings or the results thereof shall be disclosed to any third party, unless expressly required by law.
If any provision of this Agreement is held or deemed to be invalid or unenforceable to any extent when applied to any person or circumstance, the remaining provisions hereof and the enforcement of such provisions to other persons or circumstances, or to any other extent shall not be effected thereby, and each provision hereof shall be enforced to the fullest extent allowed by law.
Failure by either party to enforce or take advantage of any provision hereof shall not constitute a waiver of the right subsequently to enforce or take advantage of such provision.