TERMS AND CONDITIONS PERTAINING TO:

INNOVADIA.COM SERVICES WEBSITES
THESE ARE THE TERMS AND CONDITIONS ("Agreement") APPLICABLE TO THE PURCHASE AND SALE OF WEBSITE & RELATED SERVICES AMONG YOU ("Customer", "you" or "your") AND INNOVADIA.COM ("INNOVADIA.COM, "us", "we" or "our"). IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOTIFY INNOVADIA.COM WITHIN TEN (10) DAYS OF YOUR ORDER AND THE SERVICES WILL BE CANCELED WITH NO FURTHER OBLIGATIONS BY EITHER PARTY EXCEPT PAYMENT FOR WORK ALREADY EXECUTED SUCH AS DESIGN AND DEVELOPMENT COSTS OF A WEBSITE WHICH ARE NOT REFUNDABLE UNDER ANY CIRCUMSTANCES. FAILURE TO NOTIFY INNOVADIA.COM OF CANCELLATION WITHIN SUCH PERIOD SHALL BE DEEMED TO INDICATE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND AGREE TO BE BOUND BY THEM.

1. PAYMENT

Customer shall pay INNOVADIA.COM for the Services provided. If Customer exceeds stated limits for any part of the Services, additional fees may apply. On any amounts not paid when due, Customer agrees to pay interest at the rate of 1.5% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then Customer agrees to pay the highest rate allowed by law. In addition, Customer agrees to pay all costs of collection, including costs of litigation and reasonable attorneys' fees. Customer agrees to execute financing statements and other instruments at INNOVADIA.COM' request. A $20 (Twenty U.S. Dollars) collection fee will be charged for all dishonored checks. A $20 (Twenty U.S. Dollars) fee will be assessed for the following reasons:

  1. late payment. "Accounts not paid within 15 days of the date of the invoice received are subject to a 1.5% monthly finance charge or $20 late fees. (whichever is greater)"

 

  1. denied or invalid credit card number, or
  1. restart of Service terminated for nonpayment. Payment is late after the tenth (10th) day of the month. INNOVADIA.COM may change any fee, rate, or plan upon thirty (30) days' notice.

 

 

2. CUSTOMER OBLIGATIONS FOR WEBSITE CREATION, MAINTENANCE AND CANCELLATION

Customer shall be responsible for the following:

  1. Providing INNOVADIA.COM with all necessary information, data, text, music, sound, images, photographs, graphics, video, messages, tags and custom images (including, but not limited to, design, pamphlets, brochures, logos, and other images) and other materials ("Content") in connection with development of the Website other than that which is supplied by INNOVADIA.COM
  1. Contacting INNOVADIA.COM with written notification via email for all changes, modifications, and enhancements to the Website and/or Services starting from the date of order.

 

  1. Providing changes to INNOVADIA.COM before Publishing the website. After the website is published on the server, changes will be made at additional cost.
  1. Informing INNOVADIA.COM through E-Mail with notice of Customer's decision to cancel or discontinue the Services starting from the date of sale. IF CUSTOMER DECIDES TO CANCEL, CUSTOMER MUST CONTACT AND NOTIFY INNOVADIA.COM OF THE DECISION TO CANCEL IN WRITING.

    IF NO SUCH NOTIFICATION IS GIVEN TO INNOVADIA.COM BY CUSTOMER, INNOVADIA.COM WILL ASSUME THAT CUSTOMER IS SATISFIED WITH AND ACCEPTS THE SERVICES, AND INNOVADIA.COM WILL BEGIN BILLING THE MONTHLY / ANNUAL SERVICE FEES DIRECTLY TO CREDIT CARD. The set up costs (also known as Design and Development costs) will be charged in advance upon by INNOVADIA.COM and are not refundable under any circumstances.

 

  1. Obtaining Internet connectivity to access the Website, to send and receive e-mail, and to otherwise access and utilize the Internet.
  1. To the extent Customer gathers any personal information about visitors to the Website, Customer will not share that personal information with any third party without first obtaining a visitor's consent.

 

  1. Providing current and updated contact information (including e-mail address and fax number) for INNOVADIA.COM' use in contacting Customer concerning the Website.
  1. Customer represents to INNOVADIA.COM that Customer is at least eighteen years old and is responsible for supervising the activities of any under-age user.

 

  1. Ensuring that the Website content provided by Customer does not infringe or violate the Intellectual Property rights (including, but not limited to, trademarks, trade names, copyrights, patents, domain registration rights, and trade secrets) or any other right of any third party (including, but not limited to, rights of privacy and contractual rights), and acquiring any authorization(s) necessary to use intellectual property or other proprietary information of third parties.
  1. Ensuring the accuracy of materials provided to INNOVADIA.COM, including, without limitation, website content, descriptive claims, warranties, guarantees, nature of business, and contact information for the Customer.

3. FEES NON REFUNDABLE

Customer understands that any fees and annual or monthly charges are nonrefundable.

4. DESIGN AND DEVELOPMENT SERVICES

Design and Development of the site is commenced immediately on the basis of recorded order verification. The payment is due immediately on the publishing of the first draft of the website. The customer will have two reviews within a period of ten (10) days after website publication to request INNOVADIA.COM for reasonable changes to the website. After ten days, the customer shall have the opportunity to make changes as monthly updates in accordance with their service plan.

5. ONGOING SERVICES

Service commencement is initiated on the basis of recorded order verification and begins on the date that the Website is published and available on the Internet. This is the site "origination date" or "active date." Upon cancellation, Customer will receive a final bill reflecting the balance due for any remaining charges. Customer agrees to pay all fees incurred by Customer and billed to Customer via credit card or check,. Direct billing is due upon receipt of invoice. INNOVADIA.COM reserves the right to adjust its hosting fees from time to time without prior notice to Customer.

SEO SERVICES - It is recommended to sign up for the 3 month in advance to save. If paying monthly, there will be extra charges and non-negotiable. Guarantee of 25 % of Keywords in Top 10 / 25% of keywords in top 20 / 30% of keywords in top 30

6. CUSTOMER OBLIGATION ON USAGE OF INNOVADIA.COM SERVICES

Customer will use the Services in a manner which does not interfere with or disrupt other network users, services, or equipment, and INNOVADIA.COM reserves the right to terminate or suspend Services without notice if such interference is determined by INNOVADIA.COM to exist. Such interference or disruption includes, but is not limited to:

  1. wide-scale distribution of messages, including bulk e-mail or unsolicited spam e-mail, or wide-scale distribution of messages to inappropriate mailing lists, newsgroups, or other public or private forums,
  1. propagation of computer worms or viruses, and

 

  1. use of the network to make unauthorized entry to other computational, information, or communications devices or resources. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.

7. INNOVADIA.COM RIGHT TO TERMINATE THE SERVICES

INNOVADIA.COM reserves the right to deny, terminate, or suspend Services without notice if, in INNOVADIA.COM' sole discretion, the Services is used by Customer in a manner that violates or may violate the following standards, and INNOVADIA.COM reserves the right to reject, alter, modify, or remove the Website, Website domain name, URL address, or any Website content (including, but not limited to, any language, words, text, photographs, designs, drawings, graphics, images, symbols, or logos) which INNOVADIA.COM in its sole discretion deems to be:

  1. An infringement on or a mechanism designed to facilitate the infringement of a propriety interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret, or patent right. By using the Service, Customer represents and warrants that any name or word submitted to be used as all or part of the URL associated with the Website does not infringe any trademark or domain name rights of any third party. Moreover, Customer warrants that it has a present good faith intention to use the URL it requests in connection with a commercial or personal endeavor and that it is not merely "cybersquatting," i.e., obtaining the URL merely to attempt to sell the rights to the URL or subdomain to some third party.
  1. In violation of any federal, state, county, and municipal laws, regulations, governmental agency orders, and court orders.

 

  1. Offensive, including without limitation, bigotry, racism, discrimination, hatred, or profanity; is disparaging, defamatory, libelous, or results in an invasion of privacy; promotes or provides instructional information about illegal activities or physical harm or injury to any group, individual, institution or property; or infringes on a proprietary interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret or patent right; or may violate any federal, state, county, and municipal laws, regulations, governmental agency orders, and court orders; or
  1. States or implies that the Website is placed by INNOVADIA.COM or any party with a contractual relationship with INNOVADIA.COM, or that such parties endorse the Customer's products or services.

 

  1. Pornographic or obscene. INNOVADIA.COM neither sanctions nor permits hosted site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity. INNOVADIA.COM reserves the right to immediately suspend or terminate any site or transmission that violates this policy, without prior notice. In the event of such termination, Customer agrees that the unused portion of any fees Customer may have paid for any Services rendered to Customer by INNOVADIA.COM are an appropriate recompense to INNOVADIA.COM for the time required to respond to and address issues created by Customer's illegal or obscene site/content, and Customer agrees not to seek recovery of those fees. Further, should Customer violate this policy, INNOVADIA.COM will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, the Website, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.
  1. Violent or encouraging violence.

 

  1. Disparaging, defamatory, libelous, or resulting in an invasion of privacy.
  1. Promotion or providing of instructional information about illegal activities or physical harm or injury to any group, individual, institution or property, or encouraging illegal or criminal conduct.

 

  1. Promotion or facilitation of, or engaging in, consumer deception or fraud, drug use, drug dealing, pyramid schemes, gambling, or any other illegal activities.
  1. Intentional holding of INNOVADIA.COM (including its affiliates) or their employees or stockholders up to public scorn, ridicule, or defamation.

 

  1.  For Non payment of services provided including but not limited to Web Design & Development, Domain Registration, Hosting Fees.

  2. To restore the hosting account, the payment of $25 needs to be made + one year minimum commitment for hosting.

 

8. NO WARRANTIES OR GUARANTEES

The Services are provided on an "as is" and "as available" basis. INNOVADIA.COM' entire liability and Customer's exclusive remedy against INNOVADIA.COM for any failure of service under this Agreement, or the performance or nonperformance of any obligation under this Agreement, shall be limited to a refund of amounts paid to INNOVADIA.COM during the period of time that the Services contracted for were interrupted or not provided properly or continuously. The entire liability of INNOVADIA.COM and Customer's exclusive remedy against INNOVADIA.COM for errors in the Website (other than those errors caused by Customer) shall be the correction of such errors upon notice from Customer. EXCEPT AS EXPRESSLY STATED HEREIN, CUSTOMER'S USE OF THE SERVICE IS AT THEIR OWN RISK AND INNOVADIA.COM DISCLAIMS ANY AND ALL WARRANTIES TO CUSTOMER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. INNOVADIA.COM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. INNOVADIA.COM disclaims and shall not be liable for any other loss, injury, cost or damage suffered by Customer or any third party and shall in no event be liable for consequential, special, or indirect or incidental damages, including without limitation, damages for loss of business profits, business interruption, or loss of data, arising out of or in any way connected with the use of the Website and any information available on it, and the delay or inability to use the site or any information, even if INNOVADIA.COM has been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Except as expressly stated herein, INNOVADIA.COM disclaims any and all warranties to Customer, expressed or implied, including implied warranties of merchantability and fitness for a particular purpose.

9. NOT LIABLE TO THIRD PARTIES

INNOVADIA.COM will not be liable to any third parties for any direct, incidental, or consequential losses or damages suffered by such third parties for any reason, whether foreseeable or not, including, without limitation, damages for loss of profits, loss of income or earnings, loss of business opportunities, injury, or other loss or damage resulting directly or indirectly out of or in connection with the Service, or through use of the Website. The foregoing shall apply despite any negligence, misconduct, errors, or omissions by INNOVADIA.COM, including without limitation its employees, representatives, agents, or technical operations. Customer assumes sole responsibility for:

  1. acquiring any authorization(s) necessary to use intellectual property (including, but not limited to, copyrights and trademarks) or information of third parties;
  1. acquiring any authorization(s) necessary for hypertext links to third party websites;

 

  1. the accuracy of materials provided to INNOVADIA.COM, including, without limitation, website content, descriptive claims, warranties, guarantees, nature of business, and contact information for the Customer; and
  1. ensuring that the Website content provided by Customer does not infringe or violate the intellectual property rights or any other right of any third party. INNOVADIA.COM shall have no liability and shall be held harmless for any content provided by Customer that infringes or violates any rights of third parties, including, without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets, and/or licenses. INNOVADIA.COM disclaims any responsibility for any content, goods, and services available through the Website, or the quality or accuracy of any information in the Website. INNOVADIA.COM will not endorse, warrant, or guarantee any product or service offered through the Website, and will not be a party to or in any way monitor any transaction between Customer and third-party purchasers of products or services resulting from the Services or use of the Website, including, without limitation, all sales of goods or services, credit card transactions, banking or securities transactions, or any business, service, or merchandise agreements. INNOVADIA.COM DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES TO THIRD PARTY USERS OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

10. INDEMNITY

Customer agrees to defend, indemnify, and hold harmless INNOVADIA.COM and each of INNOVADIA.COM' officers, directors, employees, agents, and affiliates from, against, and in respect of:

  1. any and all losses, damages or deficiencies resulting from any third party claim against INNOVADIA.COM in connection with the Website (including, but not limited to, website content) or the URL
  1. any and all losses, costs (including reasonable attorney's fees), expenses, damages, assessments, or judgments (collectively, "Liabilities"), resulting from any claim against any of such parties in connection with the Website,

 

  1. any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content and
  1. all costs and expenses incident to any and all actions, suits, proceedings, claims, demands, assessments, or judgments in respect thereof regardless of the merit thereof, including INNOVADIA.COM' reasonable legal fees and expenses (whether incident to the foregoing or to INNOVADIA.COM' enforcement of said rights or defense and indemnity).

11. SUSPENSION AND TERMINATION RIGHTS

INNOVADIA.COM reserves the right to suspend or terminate Service with or without notice to Customer if INNOVADIA.COM determines, in its sole discretion that Customer has failed to comply with its obligations as set forth in this Agreement.

12. INTELLECTUAL PROPERTY

As between Customer and INNOVADIA.COM, all Content provided by Customer to INNOVADIA.COM for inclusion to the website shall remain the sole and exclusive property of Customer. Customer acknowledges that all Content is owned by Customer or that Customer has a legal right to such Content. With the exception of Customer's ownership interest as identified in the previous two sentences, ownership interest to the Website, including, but not limited to, the URL address, HTML coding, scripting, copyrights, domain name(s), and all other intellectual property rights, shall remain exclusively with INNOVADIA.COM. Upon termination of the Services, should Customer desire to obtain the proprietary, copyright, or ownership rights to the Website, Customer must obtain express, written permission from INNOVADIA.COM, and Customer shall compensate INNOVADIA.COM a royalty fee of twelve (12) times the then-current monthly fee received by INNOVADIA.COM for the Service as compensation for assignment of the proprietary rights to the website. Such ownership or proprietary rights assignment shall be limited to the actual URL address, Website and its underlying HTML script or coding as developed for Customer by INNOVADIA.COM, but shall not include any rights to INNOVADIA.COM' software, trade secrets, methodologies, processes, proprietary functions, know-how, and all intellectual property including, but not limited to, all copyrights, trademarks, patents, and trade secrets related to INNOVADIA.COM' products or services, which shall remain the sole and exclusive property of INNOVADIA.COM and its suppliers, affiliates, partners, and licensors.

13. CUSTOMER NOTICE

Notice to Customer shall be deemed effective when sent via e-mail to the last known Customer contact e-mail address, or if none, to the last known Customer fax number, or if none, when deposited in first-class U.S. mail with sufficient postage attached addressed to the last known Customer mailing address or

14. WEBSITE ASSETS

Website Design assets such as layouts & fla files are the sole property of INNOVADIA.COM. If the Customer wants the website assets, Customer needs to pay additional payment of 3x the cost of the website development project

15. NO AGENCY OR ANY OTHER SPECIAL RELATIONSHIP

This Agreement does not create any agency, employment, partnership, joint venture, franchise, or other similar or special relationship between you and INNOVADIA.COM. Neither party will have the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other party or its affiliates, whether express or implied, or to bind the other party or its affiliates in any respect whatsoever.




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