Terms and Conditions
** NOTICE : ** -All Software items will be sent by email once your order and payment has been verified. We are sorry for this inconvenience but it is for your safety.
1. Payment :- We accept PayPal
for online payments.
2. REFUNDS AND EXCHANGES
Excelontheweb.com Software is considered electronic media (such as Compact Discs)
and once you have received the product, there is no way to prevent further use.
Therefore, all Excelontheweb.com software cannot be refunded or exchanged.
3. NO WARRANTIES
Excelontheweb.com expressly disclaims any warranty for the SOFTWARE PRODUCT.
THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE
OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
4. ORDER ACCEPTANCE AND PAYMENT
A. All orders are subject to acceptance by Excel on the Web. An order will be
deemed accepted when written (e-mail) confirmation of the order is sent to the
Customer. Excel on the Web may refuse to accept, or delay for any period of
time, any order for any reason.
B. Payment and Terms: Payment shall be made to Excel on the Web in U.S. dollars
only. Payments are due upon account activation and future account renewal, and
may be made through the use of a valid credit card, personal/business check
, or money order. Payment for services shall be made monthly if paid via credit
card, and quarterly if paid via check or money order. Credit card payments will
occur automatically until Customer requests cessation of service. If shortfalls
in payment to Excel on the Web of the full invoice amount occur due to bank
fees, transfer fees, or the like, Excel on the Web will re-invoice The Customer
for the shortfall. Should payment in full of any invoice (aside from the shortfalls
mentioned above) not be received by Excel on the Web within thirty (30) days
after account activation or renewal, Excel on the Web may discontinue, withhold,
or suspend services to the Customer.
C. Cancellations of service must be made in writing via the Customer’s
Control Center, and can not be made without the correct account password.
D. Should any Customer attempt a chargeback for services knowingly purchased
from Excel on the Web, Excel on the Web shall immediately shut off services
for that Customer and will pursue full legal recourse against the Customer to
recoup any and all losses. If a chargeback occurs as a result of Customer error,
a $20 fee will be assessed on top of the full chargeback amount. On a second
attempt at a chargeback, Excel on the Web shall immediately discontinue services
to the Customer and pursue full legal recourse to recoup any and all losses,
and future services to the Customer shall be denied.
E. Setup fees, for any services or Plans, are not refundable, regardless of
the length of time the service or Plan is used by the Customer.
F. Should a Customer follow standard procedures and cancel services with Excel
on the Web, they are entitled to a refund equivalent to the length of time that
has been paid for, but not used. This refund is calculated based on a daily
rate, depending on the Plan that was ordered. “Free Months” are not
taken into account when calculating a refund.
G. Billing Cycle: the Billing Cycle for any and all services commence the day
following the day the services/Plans were ordered. Excel on the Web can not,
for any reason, change the Billing Cycle for a Plan or service.
H. The Customer is responsible for providing Excel on the Web with the proper
and correct Billing and Payment Information. Any and all fees incurred due to
incorrect Billing and/or Payment information are the sole responsibility of
the Customer.
I. Changes to services provided to the Customer must be submitted in writing
to the Billing Department and must include the account password. Upgrades are
charged a setup fee of the difference between the setup fees of the two Plans,
and a prorated fee for the difference in Plan prices. Downgrades do not receive
a credit. The Customer must be aware of what will be gained and/or what will
be lost in changing Plans. Excel on the Web is not responsible for lost files,
data and/or information due to changes in Plans. Plans that have been shut off
for 30 days are deleted from our servers. If, after 30 days and a site has been
deleted, a Customer desires to reactivate a site, they will need to order a
new Plan and will be held responsible for ensuring they have adequate backups/copies
of their site. A site that has been deleted from our servers is not recoverable.
J. Excel on the Web is not responsible for the Customer’s failure to use
the services/Plans offered by Excel on the Web. The Customer has the right to
cancel the services/Plans they have purchased at any time.
4. DUTIES OF Excel on the Web
Excel on the Web may acquire an Internet domain name on behalf of the Customer
as specified in the Customer’s request for services. Should the Customer
acquire the domain name on their own, without the assistance of Excel on the
Web, the Customer is responsible for any and all fees necessary for the acquisition
of the domain name. Any costs incurred by Excel on the Web in the process of
obtaining or maintaining a domain name for the Customer shall be immediately
reimbursed to Excel on the Web upon receipt of invoice for said services and
fees.
A. Domain Registration: The Customer is responsible for checking on the availability
of any domain name associated with any of the services offered by Excel on the
Web. The Customer is also responsible for correctly entering any and all domain
information (this includes, but is not limited to, the spelling of the domain,
proper domain extension, etc.) during the course of ordering any services offered
by Excel on the Web. Excel on the Web is not responsible for domain name availability.
If a Plan is built by Excel on the Web using an unavailable or incorrect domain
name, the Customer will be charged a $20.00 fee for any resulting corrections
made by Excel on the Web. Excel on the Web does not, in any way, alter any domain
information when building sites for the Customer. Domain information is entered
solely by the Customer, and is, therefore, the sole responsibility of the Customer.
B. Domain Changes: If a Plan is ordered using an incorrect domain name, the
Customer will be invoiced for any and all fees incurred by Excel on the Web
in the proper registration/correction/completion of the Customer’s order.
These fees may include, but are not limited to, any administrative costs, domain
registration costs, and costs incurred in the correction of domain registration
information charged by the domain Registrar.
5. LIMITATION OF Excel on the Web's OBLIGATIONS AND LIABILITY
A. Excel on the Web will utilize its best efforts to maintain acceptable performance
of services contracted for, but Excel on the Web makes absolutely no warranties
whatsoever, express or implied, including warranty of merchantability or fitness
for a particular purpose. Excel on the Web cannot guarantee continuous service,
service at any particular time, or integrity of data stored or transmitted via
its system or via the Internet. Excel on the Web will not be liable for the
inadvertent disclosure of, or corruption or erasure of, data transmitted or
received or stored on its system. Excel on the Web shall not be liable to Customer
for any claims or damages which may be suffered by Customer, including, but
not limited to, losses or damages of any and every nature, resulting from the
loss of data, inability to access Internet, or inability to transmit or receive
information, caused by, or resulting from, delays, nondeliveries, or service
interruptions whether or not caused by the fault or negligence of Excel on the
Web.
B. Excel on the Web may discontinue servicing any Plan, or may require fulfillment
of conditions Excel on the Web may choose to impose as a prerequisite for continuing
to service any Plan. Excel on the Web agrees to provide Customer with reasonable
notice via e-mail or fax of any such intent to discontinue or impose conditions
unless it is determined that such notice would cause harm to Excel on the Web.
The following activities are specifically not allowed by Excel on the Web and
will result in IMMEDIATE account termination: Running ADULT web sites, Running
HATE web sites, participation in undirected bulk e-mail delivery (SPAMMING)
either through the use of our mail servers or not, GAMBLING web sites, or any
sites promoting or participating in ILLEGAL activities.
C. Excel on the Web's liability to Customer, and any end user of any Plan or
other Excel on the Web services is limited to the amount paid to and received
by Excel on the Web for services not accepted. In no event shall Excel on the
Web be liable to Customer, or any end user or any other entity for any special,
consequential, or other damages, however caused, whether for breach of contract,
negligence or otherwise, even if Excel on the Web has been advised of the possibility
of such damage.
D. Customer will take all necessary measures to preclude Excel on the Web from
being made a party to any lawsuit or claim regarding Excel on the Web services
provided to any Customer or end user. Customer hereby agrees to indemnify and
hold harmless Excel on the Web from any and all claims of whatever nature brought
by any of Customer's customers against Excel on the Web in excess of the remedy
set forth in paragraph 5(C) .
E. While Excel on the Web provides backup services, and makes every effort to
provide previous copies of customer files (up to two weeks and for a specified
dollar amount as specified on their website), to its customers (with the exception
of .log files), it is not guaranteed that these copies will be available as
there are unknown issues that may arise preventing complete or acceptable restorations.
6. PROPERTY RIGHTS
Excel on the Web owns all rights, titles and interests in Excel on the Web's
trade names, service marks, inventions, copyrights, trade secrets, patents,
and know-how relating to the design, function, or operation of Plans and of
the hardware and software systems and resources necessary to provide the individual
service elements of which they consist. This agreement does not constitute a
license to Customer to use Excel on the Web's trade names or service marks.
The use by Customer of the other property rights mentioned here is authorized
only for the purposes of marketing and selling Plans.
7. CONFIDENTIALITY
Customer acknowledges that by reason of its relationship with Excel on the Web
here under, it may have access to certain information and materials relating
to Excel on the Web's business, plans, customers, software, and marketing strategies
that is confidential and of substantial value to Excel on the Web, which value
would be impaired if such information were disclosed to third parties. Customer
agrees that it will not use in any way for its own account nor for the account
of any third party, nor disclose to any third party, any such information revealed
to it by Excel on the Web. Customer further agrees that it will take every reasonable
precaution to protect the confidentiality of such information. In the event
of termination of this agreement, there shall be no use or disclosure by the
Customer of any such confidential information in its possession, and all confidential
materials shall be returned to Excel on the Web or destroyed. The provisions
of this section shall survive the termination of the agreement for any reason.
Upon any breach or threatened breach of this section, Excel on the Web shall
be entitled to injunctive relief, which relief shall not be contested by Customer.
8. RELATIONSHIP OF THE PARTIES
The relationship between Excel on the Web and Customer is that of vendor and
vendee. They shall not be construed as being joint ventures, franchiser/franchisee,
or employer/employee. This agreement is a commercial agreement between businesses,
not a consumer agreement. Customer has no authority, apparent or otherwise,
to contract for or on behalf of Excel on the Web, or in any other way legally
bind Excel on the Web in any fashion, nor shall Customer be authorized to make
any representations about Excel on the Web or its services other than to set
forth Excel on the Web's responsibilities as outlined in this agreement.
9. APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes effect when accepted by Excel on the Web in Arizona. It
is to be governed by and construed under the laws of the State of Arizona and
the United States of America. The federal and state courts of the State of Arizona
shall have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising
out of this agreement. Customer hereby expressly consents to (1) the jurisdiction
of the courts of Arizona and (2) service of process being effective upon it
by registered mail sent to the address set forth at the beginning of this document,
as may be changed from time to time by written notice actually received by Excel
on the Web. To the extent permissible by the law of Customer's jurisdiction,
Customer waives any requirement that service of process or of any documents
be made upon it pursuant to the provisions of the Hague Convention.
10. ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the entire agreement and understanding between the
parties and merges all prior discussion between them. Excel on the Web may make
changes to this agreement upon thirty (30) days' written notice to Customer,
advising of the change and the effective date thereof. Utilization of Excel
on the Web services by Customer and/or its Customers following the effective
date of such change shall constitute acceptance by Customer of such change(s).
Otherwise, this agreement may not be modified except by the of written consent
of both parties.
11. ACCEPTANCE OF TERMS
BY ADDING TO CART YOU ARE "AGREEING" TO THE TERMS SET FORTH ABOVE,
AND REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN
AS WELL AS ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.