aop3d websites for me terms!

🚀 AOP3D's WEBSITE 4 Me Service: Your Website, Done for You!

Thank you for that important clarification. It is crucial for a legal document to accurately identify the parties involved.

Based on your correction, I have revised the document to reflect that AOP3D is a sole proprietorship owned and operated by Adam Master Dob.

 

 

TERMS OF SERVICE AND USER AGREEMENT

This Agreement (hereinafter, the "Agreement") is entered into and effective as of the date of electronic acceptance by the Client (hereinafter, the "Client") and Adam Master Dob, an individual doing business as AOP3D (hereinafter, "AOP3D" or "Service Provider"). The Client and AOP3D may be referred to individually as a "Party" and collectively as the "Parties."

WHEREAS, AOP3D provides a website design and development service known as "AOP3D's Website 4 Me Service" (hereinafter, the "Services"), wherein AOP3D undertakes to create a website on behalf of the Client for a fixed fee; and

WHEREAS, the Client desires to engage AOP3D for said Services;

NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

 

 

1. Scope of Services and Hosting

1.1 The Services provided by AOP3D are strictly limited to the initial design, development, and delivery of a website as delineated within the executed work order form. Any and all modifications, enhancements, or additions requested by the Client that fall outside the original scope shall be considered out-of-scope work and will be subject to a separate written agreement and additional fees, as determined solely by AOP3D.

1.2 All websites created under this Agreement shall be pre-hosted on a subdomain of AOP3D's proprietary hosting platform. The uniform resource locator (URL) for the Client's website shall be structured as yourbusinessname.vzy.io or a similar proprietary domain as determined by AOP3D. The Service Provider disclaims any and all responsibility for providing, acquiring, or managing custom domains (e.g., .com, .org, etc.).

 

 

2. Non-Refundable Nature of Fee

2.1 The one thousand dollar ($1,000.00) fee for the Services is irrevocable, non-refundable, and non-transferable.

2.2 Upon the execution of the project work order forms and the commencement of work by AOP3D, said fee is deemed fully earned and non-refundable. The Client's initiation of the project constitutes an explicit and full agreement to this payment term, which is essential to protect the time, resources, and intellectual property invested by AOP3D from the outset. No credits or refunds will be issued for any reason whatsoever after this point.

 

 

3. Intellectual Property Rights

3.1 All underlying proprietary frameworks, source code, templates, design elements, and any other pre-existing intellectual property utilized by AOP3D in the creation of the Client's website shall at all times remain the sole and exclusive intellectual property of AOP3D.

3.2 Upon final payment in full, AOP3D grants to the Client a non-exclusive, non-transferable, and revocable license to use the final, delivered website's design, content, and elements as an end-product. This license is limited to the purpose for which the website was designed and delivered and does not confer any ownership rights to the Client in the underlying proprietary materials.

3.3 The Client warrants and represents that any and all content, including but not limited to text, images, logos, and trademarks, provided by the Client for incorporation into the website does not and will not infringe upon the intellectual property rights of any third party. The Client shall be solely responsible for obtaining all necessary licenses, permissions, or rights for any third-party materials provided to AOP3D.

 

 

4. Limitation of Liability and Disclaimer of Warranties

4.1 In no event shall AOP3D be liable to the Client or any third party for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to, loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or in connection with this Agreement or the use or inability to use the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if AOP3D has been advised of the possibility of such damages.

4.2 AOP3D explicitly disclaims all responsibility for any and all security breaches, data manipulation, unauthorized access, hacking, or other third-party actions affecting the website. The Client acknowledges and agrees that they are responsible for maintaining their own security practices and for the regular backup of their data.

4.3 AOP3D makes no warranties, whether express, implied, or statutory, with respect to the Services, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

 

 

5. Indemnification

The Client agrees to indemnify, defend, and hold harmless AOP3D, including Adam Master Dob, his employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or in connection with:

  1. The Client's use of the Services or website;

  2. Any content provided by the Client that infringes upon a third party's intellectual property rights; or

  3. The Client's breach of any term, condition, or representation contained within this Agreement.

 

 

6. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. Any and all disputes arising under or in connection with this Agreement shall be brought exclusively in the state or federal courts located within Essex County, Massachusetts, and the Parties hereby irrevocably consent to the personal jurisdiction and venue of such courts.

 

 

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the Client’s electronic acceptance.