Legal Terms & Conditions
AltoWeb | TERMS OF SERVICE
Last updated: June 3rd, 2020
These Terms of Service regulate the use of the eCommerce (the “Services”) provided by AltoWeb, a company incorporated in Palo Alto, California, United States («AltoWeb»). This is a binding agreement between AltoWeb, and you or the entity you represent (“User” or “you”).
The User represents to AltoWeb that he or she is lawfully able to enter into contracts (e.g., is not a minor). If the User is entering into this Agreement on behalf of an entity, the User represents to AltoWeb to have legal authority to bind such entity.
By using or accessing the Site (https://www.altoweb.ar/) or any application, product, software, or Service provided through it (all of them referred to in conjunction with the Site, the «Platform»), the User accepts these AltoWeb Terms of Service, and the other rules, policies and procedures that may be published and / or possibly updated from time to time.
Access to the Platform is subject to the User’s acceptance of these Terms of Service and Privacy Policies. If the User does not agree with them, the User must not access the Platform or the Services provided.
DESCRIPTION OF THE SERVICE
AltoWeb is a company specialized in setting-up, customizing and maintaining eCommerce technology and associated services including but not limited to Support and Maintenance, Change Requests, Add-ons, Consultancy and other professional services.
The User must create an account to access the Services. The User agrees to (a) provide true, accurate, current and complete personal information as prompted by the Services’ registration, sign-in, or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If the User provides any information that is untrue, inaccurate, not current or incomplete, or AltoWeb has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AltoWeb has the right to suspend or terminate the User account and refuse any and all current or future use of the Services (or any portion thereof). The User is responsible for any and all activities that occur under the User’s account. The User undertakes not to share the account information or the username and password with any third party or permit any third party to login to the Services using the account information.
The User agrees to immediately notify AltoWeb of any unauthorized use of the account or any other breach of security of which he or she becomes aware. The User is responsible for taking necessary precautions and providing security measures best suited for the situation and intended use of the Services.
The Platform offers several subscription plans all of which are payable. The platform also offers the option to contract Support & Maintenance plans that provide higher level of service than standard Support & Maintenance included in each plan. Prices of all plans are published on this website only accessible via the onboarding process: https://www.altoweb.ar/forms/onboarding/
During the onboarding process, Users may select the payment method of their choice. Users may select monthly or annual recurrent payment. The payment will be processed via standard checkout online payment gateway.
In the event that an error occurs when processing the payment, please check with your bank or your credit card provider for the reason of the error. Prior to this, also verify:
1) Data provided. Verify that the data entered is accurate.
2) Card expiration date. The card could have expired. In such a case, the User must check that the card has not expired (see expiration date on the front of the card).
3) Check that the purchase amount does not exceed your credit limit.
4) Other errors: in case that error persists, it is recommended that the User consult with its bank and/or credit card provider.
The User may cancel the AltoWeb service with a 30-days written notice to be sent electronically to email@example.com.
Payments made prior to cancelation are non-refundable except for cases of payment for annual subscription: if User paid the annual subscription for the service, and cancels the service within 30 days from the moment of payment, User shall receive a 50% refund. Following the aforementioned 30-days period, the amount charged shall not be refunded under any circumstances.
It is the User responsibility to cancel the monthly subscription of the service providing a written 30-days notice via email. AltoWeb is not responsible for the negligence of the User in canceling the subscription. For any inquiries on issues relative to payments, the User may contact: firstname.lastname@example.org.
User understands that with cancellation and termination of the subscription, the service provided will be interrupted, the eCommerce site will be deactivated and deleted.
- LIMITATION OF LIABILITY
The User understands and accepts that neither AltoWeb nor its affiliates and / or shareholders and / or employees shall be liable for direct, indirect, incidental, special, indirect, or punitive damages that the User may suffer, regardless of their cause, as a result of the use of the Services. The User undertakes to indemnify, release and exonerate AltoWeb, its affiliates and / or shareholders and / or employees from all liability for any loss or damage, personal injury or demands, judgments, suits settlements or disbursements of any kind or nature arising from: (a) the User negligence or willful misconduct; or (b) User breach of this Agreement.
To the extent allowed under law, AltoWeb and its affiliates (a) disclaim all implied warranties and representations (e.g. Warranties of merchantability, fitness for a particular purpose, accuracy of data, and no infringement); (b) do not guarantee that the services will function without interruption or errors, and (c) provide the service (including content and information) on an “as is” and “as available” basis.
The Website, Platform and Services, as well as all texts, graphics, user interfaces, visual interfaces, images, commercial brand, trademarks, logos, sounds, music, illustrations, and other content therein are owned by AltoWeb, and are protected by copyright, patents, trademarks and / or other intellectual property laws (hereinafter, «Content»).
AltoWeb grants Users a non-exclusive, revocable, non-transferable, non-sub licensable license over the Content, to access the Platform in accordance with these Terms of Service. Users will not remove any copyright, trademark or other proprietary notices from the material found on the Services. Any license to the Content not expressly granted in these Terms of Service shall be deemed not granted, and such Content may not be used in any way without the express prior written consent of AltoWeb. The User under no circumstances may modify, copy, or create derivative works based on the Platform and / or sell, redistribute, market, rent, and / or sublicense.
AltoWeb grants a limited, revocable, non-exclusive and non-transferable license to access and use the Services. The User will not (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any content included in the service (b) reverse engineer, disassemble, or decompile the Service or apply any other process or procedure to derive the source code of any software included in the service (c) access or use the Service in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (d) resell or sublicense the Service. Any unauthorized use automatically cancels the consent and / or licenses granted.
The User shall hold harmless, defend and indemnify AltoWeb and its affiliates, and each of their respective employees, officers, directors, and representatives from and against any losses arising out of or relating to any third-party claim concerning: (a) the User or any end users’ use of the Services; (b) breach of this Terms of Service or violation of applicable law by the User or end Users; or (c) a dispute between the User and any end User. The User will reimburse AltoWeb for reasonable attorneys’ fees, as well as AltoWeb employees’ and contractors’ time and materials spent responding to any third-party subpoena or other compulsory legal order or process associated with third party claims.
This Terms of Service is the entire agreement between the User and AltoWeb regarding the subject matter of this Terms of Service. This Terms of Service supersedes all prior or contemporaneous representations, understandings, agreements, or communications between the User and AltoWeb, whether written or verbal.
If any provision of this Terms of Service becomes invalid, the provision will be limited or eliminated to the minimum extent necessary so that the other provisions of this Terms of Service remain enforceable.
If the User or AltoWeb cannot exercise the rights and powers that emanate from these Terms of Service, this will not be considered a waiver of the continuation of the other rights and powers established in them.
AltoWeb may at any time limit, cancel, suspend or terminate the provision of Services, in completely or in part, if: (i) the User breaches any provision of these Terms of Service; (ii) AltoWeb is required to do so by law or by an order of a competent authority, or (iii) AltoWeb decides to permanently suspend the Services. In such cases, termination will not entitle Users to receive any type of compensation and / or reimbursement.
AltoWeb may assign, transfer or delegate any of its rights and obligations without the need for consent by the User.
JURISDICTION AND COMPETITION
The User accepts that any controversy derived from these Terms of Service, their existence, validity, interpretation, scope or fulfillment, will be resolved exclusively in the Jurisdiction of the Courts of Delaware, United States.
CHANGES TO THIS TERMS OF SERVICE
Should you have any questions or comments about the Service and / or the Terms of Service, please contact AltoWeb at the following email address: email@example.com