Terms & Conditions

Effective Date: November 25, 2024

Last Updated: November 25, 2024

These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and {NEXT_PUBLIC_SITE_NAME} ("we," "us," "our," or "Company"). By accessing our website, subscribing to our services, or making a payment, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

1. Acceptance of Terms

By using our services, you represent that:

You are at least 18 years of age
You have the legal capacity to enter into a binding contract
You are authorized to bind your business entity (if applicable)
All information you provide is accurate and complete

If you do not agree to these Terms, you must immediately discontinue use of our services.

2. Definitions

Service(s): Subscription-based IT services including but not limited to website development, maintenance, SEO optimization, Google Maps optimization, CRM solutions, QR menu systems, marketing services, and technical support provided by {NEXT_PUBLIC_SITE_NAME}
Subscription: Recurring payment arrangement (monthly or annual) granting access to selected Service plan
Agreement: The binding contract formed between Customer and Company upon payment confirmation
Deliverables: Websites, designs, code, content, marketing materials, and other work products provided as part of the Service
Customer Data: All data, content, materials, and information provided by Customer

3. Service Description

{NEXT_PUBLIC_SITE_NAME} provides subscription-based IT and digital marketing services for restaurants and small businesses. Services are provided on a continuing basis according to the selected subscription plan. Specific features and deliverables vary by plan and are described on our website at the time of subscription.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will make reasonable efforts to notify you of significant changes.

4. Subscription and Payment Terms

4.1 Payment Authorization

By subscribing, you authorize {NEXT_PUBLIC_SITE_NAME} and our payment processor AirWallex (Hong Kong) to charge your designated payment method on a recurring basis according to your selected billing cycle (monthly or annual) until you cancel your subscription.

4.2 Payment Processing

All payments are processed through AirWallex. Your payment information is transmitted directly to AirWallex and is subject to their terms and privacy policy. We do not store complete credit card numbers on our servers. By subscribing, you consent to international payment processing and data transfer to Hong Kong and other jurisdictions where AirWallex operates.

4.3 Pricing

Subscription prices are stated in USD and are subject to change. We will notify you of price changes at least 30 days in advance. Continued use of Service after price change constitutes acceptance of new pricing.

4.4 Billing Cycle

Subscriptions are billed in advance on a recurring basis (monthly or annually). You will be charged on the same day each billing period. If the billing date falls on a day that doesn't exist in a given month, billing will occur on the last day of that month.

4.5 Failed Payments

If payment fails, we will attempt to charge your payment method up to three times over a 7-day period. If payment remains unsuccessful, your subscription and access to services may be suspended or terminated. You remain responsible for any unpaid amounts.

4.6 Taxes

All prices are exclusive of applicable taxes, duties, or fees. You are responsible for all taxes associated with your subscription. If we are required to collect taxes, they will be added to your invoice.

5. Cancellation and Refunds

5.1 Cancellation by Customer

You may cancel your subscription at any time through your account dashboard or by contacting us at {NEXT_PUBLIC_SOCIALS_EMAIL}. Cancellation will take effect at the end of your current billing period. You will retain access to services until the end of the paid period.

5.2 Refund Policy

14-Day Money-Back Guarantee: If you are not satisfied with our services, you may request a full refund within 14 days of your initial subscription payment. To request a refund, contact us at {NEXT_PUBLIC_SOCIALS_EMAIL}.

After 14 Days: Subscriptions are non-refundable after the 14-day period. If you cancel after this period, you will not receive a refund for the current billing period, but your subscription will not renew.

Exceptions: Refunds are not available for:

Renewal payments (only initial subscriptions)
Custom development work already completed
Services used in violation of these Terms
Subscriptions cancelled after the 14-day period

5.3 Cancellation by Company

We reserve the right to suspend or terminate your subscription immediately if:

You violate these Terms
Your payment method fails repeatedly
You engage in fraudulent activity
Your use of Service causes harm to our systems or other users
We are required to do so by law

In case of termination for cause, no refund will be provided.

6. Intellectual Property Rights

6.1 Ownership of Deliverables

Before Full Payment: All Deliverables, including websites, designs, code, and content, remain the exclusive property of {NEXT_PUBLIC_SITE_NAME} until all payments are received in full.

After Full Payment: Upon receipt of full payment for the applicable billing period, we grant you a non-exclusive, non-transferable license to use the Deliverables for your business purposes. For custom-developed assets (websites, designs), ownership rights transfer to you upon full payment.

6.2 Company Property

Our proprietary systems, tools, methodologies, templates, frameworks, and pre-existing code remain our exclusive property. You receive only a license to use Deliverables created specifically for you.

6.3 Third-Party Components

Deliverables may include third-party components (plugins, libraries, fonts, images) subject to their own licenses. You are responsible for compliance with third-party license terms.

6.4 Company Branding

Unless otherwise agreed in writing, we reserve the right to include a small attribution or link ("Powered by {NEXT_PUBLIC_SITE_NAME}" or similar) in Deliverables. This can be removed upon request for an additional fee.

7. Customer Obligations

You agree to:

Provide accurate, complete, and timely information and materials
Maintain a valid payment method
Respond to our communications in a reasonable timeframe
Use services only for lawful purposes
Not attempt to reverse engineer, decompile, or hack our systems
Not resell or redistribute our services without authorization
Maintain security of your account credentials
Comply with all applicable laws and regulations

8. Service Level and Support

8.1 Service Availability

We strive to maintain 99.9% uptime for websites we host. However, services are provided "AS IS" and "AS AVAILABLE" without any warranties or guarantees. We do not guarantee uninterrupted or error-free service.

8.2 Scheduled Maintenance

We may perform scheduled maintenance that temporarily affects service availability. We will provide advance notice when possible.

8.3 Support

Support is provided via email, chat, or phone according to your subscription plan. Response times vary by plan level. We strive to respond within the timeframes specified for your plan, but response times are targets, not guarantees.

8.4 Scope of Service

Services are provided according to plan specifications. Requests outside your plan scope may incur additional fees. We reserve the right to refuse service requests that are unreasonable, excessive, or outside our capabilities.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL
WE ARE NOT RESPONSIBLE FOR DELAYS OR FAILURES CAUSED BY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING THIRD-PARTY SERVICE OUTAGES, INTERNET DISRUPTIONS, OR ACTS OF GOD
WE ARE NOT LIABLE FOR ANY OUTCOMES OR RESULTS FROM YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO WEBSITE TRAFFIC, SEARCH RANKINGS, CUSTOMER ACQUISITION, OR REVENUE

10. Disclaimer of Warranties

SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
WARRANTIES OF NON-INFRINGEMENT
WARRANTIES THAT SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION
WARRANTIES THAT DEFECTS WILL BE CORRECTED

WE DO NOT GUARANTEE ANY SPECIFIC RESULTS, OUTCOMES, RANKINGS, TRAFFIC, LEADS, OR REVENUE FROM USE OF OUR SERVICES.

11. Indemnification

You agree to indemnify, defend, and hold harmless {NEXT_PUBLIC_SITE_NAME}, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

Your use of our services
Your violation of these Terms
Your violation of any third-party rights
Content or materials you provide to us
Your business activities or operations

12. Third-Party Services and Data Sharing

We use third-party services to operate our business, including:

AirWallex: Payment processing (Hong Kong)
Google Analytics: Website analytics and user behavior tracking
Resend: Transactional email delivery
Instantly.ai: Marketing email campaigns
Other service providers for hosting, CRM, support, and operations

By using our services, you consent to the sharing of your data with these third-party providers as described in our Privacy Policy. We are not responsible for third-party practices or policies.

13. Confidentiality

13.1 Our Commitment

We will maintain the confidentiality of your proprietary business information and will not disclose it to third parties except:

As required to provide services
To our service providers bound by confidentiality obligations
As required by law
With your consent

13.2 Exceptions

Confidentiality obligations do not apply to information that:

Is publicly available through no fault of ours
Was known to us before disclosure by you
Is independently developed by us
Is received from a third party without confidentiality restrictions

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

Posting updated Terms on our website
Sending email notification to your registered email address
Displaying a notice on our website or dashboard

Changes take effect immediately upon posting. Your continued use of services after changes constitutes acceptance. If you do not agree to modified Terms, you must cancel your subscription.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at {NEXT_PUBLIC_SOCIALS_EMAIL} and attempt to resolve the issue informally.

15.2 Arbitration Agreement

Any dispute arising from these Terms or our services shall be resolved through binding arbitration rather than in court, except that either party may bring a claim in small claims court if it qualifies. Arbitration will be conducted by a mutually agreed arbitration service. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

15.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Hong Kong SAR, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction of courts in Hong Kong SAR for any disputes not subject to arbitration.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and {NEXT_PUBLIC_SITE_NAME} regarding the services and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your subscription without our written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemics, government actions, internet failures, or third-party service disruptions.

16.6 Survival

Provisions that by their nature should survive termination (including payment obligations, intellectual property rights, limitations of liability, and dispute resolution) will survive termination of these Terms.

17. Contact Information

For questions, concerns, or notices regarding these Terms, contact us at:

Email: {NEXT_PUBLIC_SOCIALS_EMAIL}
Company: {NEXT_PUBLIC_SITE_NAME}

BY SUBSCRIBING TO OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS & CONDITIONS.