TERMS OF SERVICE

This document clearly outlines procedures and restrictions for all clients.

Last updated: June 5th, 2020

Mooi d.o.o., (“WPAnytime”) strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other WPAnytime customers, and us against such harm.

In the absence of any other Agreement, you will have accepted this Policy and these Terms and be bound by them if you use any of the services offered by WPAnytime (“Services”) or otherwise indicate your affirmative acceptance of such Services.

This Policy and these Terms may change from time to time. WPAnytime will try to inform all of our customers of the changes and subject to applicable laws and this Agreement those changes will be effective after 30 days.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also, we reserve the right to terminate service to any client for any reason not prohibited by law. Any deliberate attempt to cause damage to WPAnytime or any other Internet servers will result in immediate account deactivation without prior notice. No refund will be issued in this case.

Payment Policies, Fees, Refunds and Terms of Agreement
Full payment is required before any service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax unless requested and agreed upon in writing before service is rendered. Prepayment is due each anniversary (one month, one year, or other agreed upon period) following the date the account was established. Billing will continue automatically and indefinitely until you cancel your maintenance plan. As a policy, we do not offer credits or refunds for time already expended or on any company-issued credit, such as a free month of maintenance or support. Credit cards may be billed up to seven days in advance of the due date to assure that service will not be affected if there is a problem with the credit card. WPAnytime considers all credit card or PayPal chargebacks for services rendered, or partially rendered, to be fraudulent. Such accounts will be assessed a $50 fee, per incident, and have their balance sent to a third-party collections agency. Please follow the refund procedures we have defined.

We do not give refunds for full months unused and billing is only done on full month or annual terms. If you decide to cancel after prepayment, you will not receive a refund for the current term in use. Additional features can be added at any time. WPAnytime reserves the right to change prices at any time, but will notify all clients before such changes take place.

All customers will receive invoices at least 5 days before the due date and we will attempt to charge any credit card on file set as a default payment method automatically up to 7 days before the due date. After the due date, there is a 5 day grace period in which to fully pay the invoice, with an overdue notice being emailed every day. If payment is not made, or other adequate arrangement put in place, the account (including all paid services on the account) may be promptly shutdown after the 5th day. The customer is fully responsible for making sure payment is made in a timely manner and is fully responsible for keeping accurate billing information on file.

Access
You agree to allow us and our agents the right of access to equipment and data, as is reasonably needed, for purposes of installing, servicing, configuring, maintaining, inspecting, upgrading, replacing and removing the services and/or equipment used to receive any of the Services. In so doing, WPAnytime will take all reasonable care to ensure the work is complete in a professional manner with minimal interruptions to Services. In all instances WPAnytime’s liability will not exceed what is provided within this Agreement.

Cancellation
You may cancel at any time unless otherwise stated in a written contract or agreement. To cancel your service, please email support or submit a cancellation through our billing portal. Notification of cancellation must be received at least one full week prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the client’s responsibility to secure email confirmation from WPAnytime that the service has been canceled. If the client has not yet received email confirmation of service cancellation, then the account remains active, and you will continue to be invoiced. Clients are responsible for all charges associated with a service until cancellation is verified via email.

If the client has a balance due at the time of cancellation, this balance must be paid in full and the cancellation may be refused until such payment is made. Cancellation does not absolve the client of any outstanding financial obligations. WPAnytime reserves the right to go through a third-party collection agency to collect any overdue payments. All accounts sent through a third-party collection agency will have an additional fee of 38% of the amount owed added to cover the collections fees and other related expenses, subject to applicable laws.

Insurance
You are solely responsible for maintaining insurance coverage for any claims which may arise under this Agreement and for which you may be legally liable. It is your responsibility to adequately insure yourself against business interruption, loss of business, or other losses. WPAnytime shall not have responsibility to you for your failure to maintain sufficient insurance coverage. WPAnytime liability shall not exceed that which is set forth in this Agreement.

Indemnification Policy
You agree to use all WPAnytime services and facilities at your own risk. WPAnytime specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall WPAnytime be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential, or other damages. The client agrees that it shall defend, indemnify, save and hold WPAnytime harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees, asserted against WPAnytime, its agents, its customers, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, it’s agents, employees or assigns. The client agrees to defend, indemnify, and hold harmless WPAnytime against liabilities arising out of:

• Any injury to person or property caused by any products sold or otherwise distributed in connection with a WPAnytime server;
• Any material supplied by the client infringing or allegedly infringing on the proprietary rights of a third party;
• Copyright infringement.

WPAnytime shall be the sole arbitrator of what violates this policy.

Limitation of Liability
THE LIMIT OF WPANYTIME’S LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BY STATUTE OR OTHERWISE TO CUSTOMER (OR ITS CLIENTS) CONCERNING PERFORMANCE OR NON-PERFORMANCE IN ANY MANNER RELATED TO THIS AGREEMENT, FOR ANY AND ALL CLAIMS WILL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY CUSTOMER TO WPANYTIME UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING 2 MONTHS FROM THE DATE THE CLAIM AROSE. IN NO EVENT WILL WPANYTIME BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.

Spam Policy
WPAnytime is committed to a strict anti-spamming policy. Under this policy, we prohibit spam, or any unsolicited commercial email, from being sent either: Over the WPAnytime network, by clients or any other users of the WPAnytime network (including the client’s customers); AND/OR over ANY network – if the message sent advertises or mentions WPAnytime.

If you have any complaints or comments regarding spam on our network, please contact us through the contact form here.

System and Network Security
Violations of system or network security are strictly prohibited and may result in criminal and civil liability. WPAnytime investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.

Backups
No guarantees are made of any kind, either expressed or implied, as to the integrity of our backups or backup services. It is the clients’ responsibility to maintain local copies of their content and other stored information. If loss of data occurs due to a failure on WPAnytime’s part, we take reasonable action to recover the data in-house at no charge to the client. If data loss occurs due to negligence of client in securing their account, by an action of the client, or any actions not under the direct control of WPAnytime, WPAnytime will have no liability.

User Information
It is the responsibility of the client to assure that the complete contact and billing information on-hand is up-to-date and accurate, including a full mailing address and a list of authorized contacts. WPAnytime will contact users via the email addresses and/or phone numbers entered by the user and will not be held responsible for the accuracy of this information. WPAnytime provides a direct way for all users to verify this information through the control panel. Support services are only rendered to those users whose information is on file as an authorized contact on the account. For a detailed record of the personal information, we store, please view our Privacy Policy. You may also request to update, receive, or remove your personal data at any time.

Representation and Warrantee of Age
You represent and warrant that you are at least 18 years of age.

Reservation of Rights
WPAnytime reserves all rights not specifically granted herein.

Force Majeure
Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar events beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.

No Waiver
No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.

Severability
If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.

Choice of Laws
This Agreement will be governed and interpreted by the laws of Serbia, without regard to its conflicts of law provisions. The parties hereby irrevocably and unconditionally attorn to the non-exclusive jurisdiction of the courts of the jurisdiction where the Premises are located, and all courts competent to hear appeals therefrom.

Entire Agreement
This Agreement supersedes all previous Agreements and Service Agreement Addendums between the parties. This Agreement and any subsequent Service Agreement Addendums constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, WPANYTIME MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.