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Maxxeshop Limited (Web Services)

Terms and Conditions

Purchase Agreement


This agreement covers the terms and conditions related to purchasing any products and services from Maxxeshop Limited (Web Services), through our website accessed via maxxeweb.com Please make sure you read and understand all conditions before making any purchase with Maxxeshop Limited (Web Services). 


1. Websites in 21 days


By investing in one of our website packages, you are stating your intent for Maxxeshop Limited (Web Services) to carry out work on your website and implementing your domain name. While we deliver most websites in 7 days there may be circumstances where your website takes longer. This could be due to various issues such as domain transfers and us not receiving your content in time. 7 Days for the completion of your site is an estimate and not a guarantee. 



2. Domains & Hosting
Hosting

is included with your monthly charge, you are responsible for ownership and purchasing of your own domain name. We will need access to your domain to point it to our servers. 



3. Monthly Packages


Monthly website and maintenance packages are billed on the 1st of the month and every 30 days thereafter, once payment for your 30 day period has begun we will not offer any refund for that 30 day cycle. You are free to upgrade, downgrade or cancel your account at anytime by simply emailing us at admin@maxxeweb.com or calling +61 7 3414 4344 In the event of non payment of your monthly charge we will store your website files for 3 months before cancelling your plan. After your plan is cancelled it may not be possible to restore your site. 



4 Website Transfers


If you wish to move your website to another provider you may do so at anytime. The website transfer the fee is $150, and your site will no longer be managed with us. 



5. Pricing, Currency and Exchange Rates


All prices stated on the Maxxeshop Limited (Web Services) website are in United States Dollars (USD) and will be charged in the selected currency at the time of initial purchase, Maxxeshop Limited will set all foreign exchange rates at their discression and may alter from time to time without notice. If you are unsure of exchange rates, we recommend you locate relevant information before placing any order through our site. 



Terms
 Please ensure you read and fully understand these terms before making use of our site. 


1. Acceptance


Maxxeshop Limited (Web Services) and maxxeweb.com welcomes you to our website. Maxxeshop Limited (Web Services) provides its service to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. In addition, when using particular Maxxeshop Limited (Web Services) owned or operated services, you and Maxxeshop Limited (Web Services) shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Maxxeshop Limited (Web Services) may also offer other services that are governed by different Terms of Service.
 




2. Description of Service


Maxxeshop Limited (Web Services) provides users with fast websites. Websites are delivered fully functional and live on the internet usually within 7 days. Your website is a customized maxxeweb CMS. You understand and agree that the Service may include certain communications from Maxxeshop Limited (Web Services), such as service announcements and administrative messages. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Maxxeshop Limited (Web Services) properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Maxxeshop Limited (Web Services) assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
 


3. Privacy Policy


Registration Data and certain other information about you is subject to our Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Maxxeshop Limited (Web Services) and its affiliates.
 
Our full Privacy Policy is detailed under "Privacy Policy" listed under the menu item Privacy Policy.

4. International Warning


Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
 


5. Contributions and Feedback


By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Maxxeshop Limited (Web Services) through its suggestion or feedback webpages or via email, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Maxxeshop Limited (Web Services) is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Maxxeshop Limited (Web Services) shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Maxxeshop Limited (Web Services) may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Maxxeshop Limited (Web Services) without any obligation of Maxxeshop Limited (Web Services) to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Maxxeshop Limited (Web Services) under any circumstances.
 


6. Indemnity


You agree to indemnify and hold Maxxeshop Limited (Web Services) and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
 


7. Duplication


You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
 


8. Modification and Editing Practice


Maxxeshop Limited (Web Services) reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Maxxeshop Limited (Web Services) shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
 


9. Termination


You agree that Maxxeshop Limited (Web Services) may, under certain circumstances and without prior notice, immediately terminate your Maxxeshop Limited (Web Services) account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your access to the Service account includes (a) removal of access to all offerings within the Service, including but not limited to Maxxeshop Limited (Web Services) paid and free products, services, communication, assistance, and all other access, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in 7 Day Website’s sole discretion and that Maxxeshop Limited (Web Services) shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
 


10. Advertising


Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Maxxeshop Limited (Web Services) shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.


11. Links


The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Maxxeshop Limited (Web Services) has no control over such sites and resources, you acknowledge and agree that Maxxeshop Limited (Web Services) is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Maxxeshop Limited (Web Services) shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
 


12. Disclaimer of Warranty


You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Maxxeshop Limited (Web Services) and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Maxxeshop Limited (Web Services) and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.
d. No advice or information, whether oral or written, obtained by you from Maxxeshop Limited (Web Services) or through or from the service shall create any warranty not expressly stated in the TOS.
 


13. Limitation of Liability


SUBJECT TO APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Maxxeshop Limited (Web Services) AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Maxxeshop Limited (Web Services) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
 


14. Limitation and Exclusion


Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
 


15. Notices


Maxxeshop Limited (Web Services) may provide you with notices, by email, regular mail or postings on the Service.
 


16. General


Entire Agreement. The TOS constitutes the entire agreement between you and Maxxeshop Limited (Web Services) and governs your use of the Service, superseding any prior agreements between you and Maxxeshop Limited (Web Services) with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Maxxeshop Limited (Web Services) services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The TOS and the relationship between you and Maxxeshop Limited (Web Services) shall be governed by the laws of Hong Kong without regard to its conflict of law provisions. You and Maxxeshop Limited (Web Services) agree to submit to the personal and exclusive jurisdiction of the courts of Hong Kong.
Waiver and Severability of Terms. The failure of Maxxeshop Limited (Web Services) to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Maxxeshop Limited (Web Services) account and access to the Service is non-transferable and any rights to your Maxxeshop Limited (Web Services) membership or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
 


17. Purchase Agreement


Procurement of any paid product or service provided by Maxxeshop Limited (Web Services) is subject to the terms and conditions set out in our Purchase Agreement. You understand that by committing to acquire any form of product or service provided by Maxxeshop Limited (Web Services) which is provided to you in exchange for monetary or financial compensation, you are agreeing to all of the policies, terms, conditions and statements made in our TOS as well as the Purchase Agreement.
 


18. Violation


Please report any violations of the TOS by Contacting Us Maxxeshop Limited (Web Services) .