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GENERAL SERVICES
This Service Agreement ("Agreement") applies to any purchase from Kameleweb.com
(a OneXperience, S.L. commercial brand). Kameleweb.com reserves the right to modify
its network and facilities used to provide the Services for purposes any reason,
including, but not limited to, accommodating evolving technology and increased
network demand, and providing enhanced services. Kameleweb.com shall use reasonable
efforts to notify Customer of any planned changes to Kameleweb.com's network or
facilities that may adversely affect the Services provided hereunder.
TERM AND CANCELLATION POLICY
This Agreement shall commence on the date of Kameleweb.com's acceptance hereof
and continue for a term, which corresponds to the payment option specified by
the service. This Agreement will be automatically renewed for a similar term at
the end of the Initial Term or any renewal there of not less than ten (10) days
prior to the end of the current term (a) customer notifies Kameleweb.com in writing
that it elects a different duration of service or (b) either party provides written
notice to the other of its election to terminate this Agreement at the end of
the then current term. If Customer cancels any services it shall remain obligated
to pay all fees due therefore for the remaining portions of the current term,
and if Kameleweb.com has purchased any equipment on behalf of the customer, he/she
shall assume responsibility for the payments for such equipment. Kameleweb.com
shall not be liable for unauthorized termination of an account. Any termination
by Kameleweb.com or Customer shall not relieve Customer of its obligation to pay
fees incurred prior to such termination. Kameleweb.com reserves the right to terminate
this Agreement without cause prior to the end of the term upon thirty (30) days
written notice to Customer.
30 DAY MONEY BACK GUARANTEE – Kameleweb Month and Year, Kamelehost and Kamele-Pack* only (not the costs involved with the domain name registration)
If at any time during the first 30 days after the purchase of any of the services mentioned above, starting on the day the order was initially accepted the customer notifies
Kameleweb.com that it is dissatisfied with any of these services, and wants
Kameleweb.com to terminate such services, Kameleweb.com will forthwith terminate
its services and will refund 100% of all fees paid (except in the case of Kamele-Pack where the costs of domain name registration won't be refunded) by the customer to kameleweb.com.
This "fee" refund does not include: domain name registration, sms, templates or any other service
different than Kameleweb.
All Refunds will be made to the credit card the initial charge was made on. To
obtain a refund simply send an e-mail to from the e-mail account you
opened the account with (for security purposes), requesting a cancellation of
service (at least 10 days prior to the end of the current term. Please provide
your customer account number, and domain name(s).
BILLING AND PAYMENT
Pricing: During the term of this Agreement, Customer shall pay the fees for the
Services received from kameleweb.com. All fees are due in advance. Such fees may
include taxes, fees or assessments by governmental agencies and Kameleweb.com
shall have the right, at any time, to pass through and invoice to Customer any
new or increased taxes, fees, assessments or other charges imposed on or required
to be collected by Kameleweb.com by any governmental agency.
Terms Of Payment: Invoices are due and payable upon receipt. All payments shall
be made in the currency the invoice states.
Service Continuation After Initial Term: If Customer continues to receive the
Services after the Initial Term without entering into a new agreement or agreement
extension, the fees charged after the Initial Term shall be at the then standard
Kameleweb.com rates for such services.
Suspension Or Interruption Of Service For Non-Payment: In the event Customer
does not pay its account when due, Kameleweb.com may, in its sole discretion,
suspend, interrupt or disconnect the Services if after 10 days of due date Kameleweb.com
has still not received payment.
CACHING
Customer expressly (i) grants to Kameleweb.com a license to cache the entirety
of Customer's Web Site, including content supplied by third parties, and (ii)
agrees that such caching is not an infringement of any of Customer intellectual
property rights or any third party's intellectual property rights.
EQUIPMENT
Kameleweb.com is acting only as a reseller and/or provider of any hardware, software,
circuit and equipment (collectively, the "Equipment") offered under this Agreement.
All equipment will be manufactured by a third party. Kameleweb.com shall not be
responsible for any changes in Service(s) that cause Equipment to become obsolete,
require modification or alteration, or otherwise effect the performance of the
Service(s). Any malfunction or manufacturer's defects of Equipment either sold
or provided by Kameleweb.com to Customer or purchased directly by Customer used
in connection with the Service(s) will not be deemed a breach of Kameleweb.com's
obligations under this Agreement. Any rights or remedies Customer may have regarding
the performance or compliance of Equipment are limited to those rights extended
to Customer by the manufacturer of such Equipment. Customer is entitled to use
any Equipment supplied by Kameleweb.com only in connection with Customer permitted
use of the Service(s). Customer shall not resell, transfer, export or re-export
any Equipment, or any technical data derived there from, in violation of any applicable
United States or foreign law.
DISCLAIMER OF WARRANTY
Customer acknowledges and agrees that Kameleweb.com exercises no control over,
and accepts no responsibility for, the content of the information passing through
Kameleweb.com's host computers, network hubs and points of presence (the " Kameleweb.com
Network") or the Internet. NEITHER kameleweb.com, ITS EMPLOYEES, AFFILIATES, AGENTS,
SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE
MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT Kameleweb.com
PROVIDES. NEITHER kameleweb.com, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY
INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE REPRESENT OR WARRANT THAT
THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR
AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE
CONTAINED IN OR PROVIDED THROUGH THE SERVICES. Kameleweb.com IS NOT LIABLE FOR
THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED
BY CUSTOMER OR ANY OF CUSTOMER'S CLIENTELE VIA THE SERVICE(S) PROVIDED BY kameleweb.com.
INDEMNIFICATION
Customer will indemnify, save harmless, and defend Kameleweb.com and all directors,
officers, employees, and agents of Kameleweb.com (collectively "indemnified parties")
from and against any and all claims, damages, losses, liabilities, suits, actions,
demands, proceedings (whether legal or administrative) and expenses (including
but not limited to reasonable attorneys' fees) arising out of or relating to the
use of the Services by Customer, including, but not limited to, any violation
of the Kameleweb.com terms and conditions. Such claims shall include, but shall
not be limited to, claims based upon trademark, service mark, trade name, copyright
and patent infringement, trademark dilution, tortious interference with contract
or prospective business relations, unfair competition, defamation or injury to
reputation, or other injuries or damage to business.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Kameleweb.com BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY
CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT
LIABILITY OR OTHER LEGAL THEORY, EVEN IF Kameleweb.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. In no event will Kameleweb.com's liability for any
damages, losses and causes of actions whether in contract or tort (including negligence
or otherwise) exceed the actual amount paid by Customer for the Service which
gave rise to such damages, losses and causes of actions during the 12-month period
prior to the date the damage or loss occurred or the cause of action arose. Some
jurisdictions do not allow the exclusion or limitation of warranties or incidental
or consequential damages, so that the above limitations or exclusions may not
apply to Customer. In such jurisdictions, Kameleweb.com's liability (and the liability
of its directors, officers, employees, affiliates, agents, content providers and
service providers) shall be limited to the greatest extent permitted by applicable
law. Kameleweb.com explicitly informs you that its servers are hosted in the United
States, a country that does not provide the same level of protection provided
through Spanish legislation. When providing personal data you therefore tacitly
express your agreement with that situation and therefore, the company remains
exempt from any sort of responsibility in that respect.
FORCE MAJEURE
Kameleweb.com shall not be liable for failure or delay in performing its obligations
hereunder if such failure or delay is due to circumstances beyond its reasonable
control, including, without limitation, acts of any governmental body, war, insurrection,
sabotage, embargo, fire, flood, strike or other labour disturbance, interruption
of or delay in transportation, unavailability of or interruption or delay in telecommunications
or third party services, failure of third party software or inability to obtain
raw materials, supplies, or power used in or equipment needed for provision of
the Services.
INTELLECTUAL PROPERTY
Customer represents and warrants that Customer's use of the Services shall not
infringe the intellectual property or other proprietary rights of Kameleweb.com
or any third party. Customer further acknowledges that all right, title and interest
in any and all technology, including the software that is part of or provided
with the Services and any trademarks or service marks of Kameleweb.com (collectively,
"Kameleweb.com Intellectual Property") is vested in Kameleweb.com and/or in Kameleweb.com's
licensors. Unless otherwise specifically provided in this Agreement, Customer
shall have no right, title, claims or interest in or to the Kameleweb.com Intellectual
Property. Customer may not copy, modify or translate the Kameleweb.com Intellectual
Property or related documentation, or decompile, disassemble or reverse engineer
the Kameleweb.com Intellectual Property, or use it other than in connection with
the Services, or grant any other person or entity the right to do so. Unless otherwise
specifically provided in this Agreement, Customer is not authorized to distribute
or to authorize others to distribute the Kameleweb.com Intellectual Property in
any manner without the prior written consent of kameleweb.com; provided, however,
that nothing in this sentence would preclude Customer from using the Kameleweb.com
Intellectual Property as incorporated in the Services. This paragraph shall not
operate to extinguish, restrict, vary, waive or affect in any manner whatsoever
any right, title or interest which Customer may now have or hereafter acquires
in, or in relation to, the third-party software that is part of or provided with
the Services solely to the extent such third-party licensors publicly provide
such rights, title or interest in the third-party software to Customer.
CONFIDENTIAL INFORMATION
Each party acknowledges that, in the course of the performance of this Agreement,
it may have access to customer information and communications, including proprietary
information claimed to be unique, secret, or confidential, and which constitutes
the exclusive property and trade secrets of the other party ("Confidential Information").
Each party agrees to maintain the confidentiality of the Confidential Information
and to use the Confidential Information only to the extent necessary for legitimate
business uses in connection with this Agreement. Upon request of either party
or on termination or expiration of this Agreement, each party shall return the
Confidential Information of the other party then in its possession. Nothing in
this Agreement shall prohibit or limit either party's use of information which
(a) is now, or hereafter becomes, publicly known or available through lawful means;
(b) is rightfully in receiving party's possession, as evidenced by receiving party's
records; (c) is disclosed to the receiving party without confidential or proprietary
restriction by a third party who rightfully possesses and rightfully discloses
the information; (d) is independently developed by the receiving party without
any breach of this Agreement; (e) is the subject of a written permission to disclose
provided by the disclosing party; or (f) is required by law to be disclosed.
CUSTOMER DATA
Customer is responsible for its content residing on Kameleweb.com servers, and
except as otherwise agreed with kameleweb.com, for the backup thereof.
MISCELLANEOUS GOVERNING LAW AND JURY TRIAL WAIVER
The validity, interpretation, enforceability, and performance of this Agreement
shall be governed by and construed in accordance with the laws of Spain. The parties
hereto specifically waive any right they may have to a trial by jury in any action
hereunder.
ENFORCEMENT OF AGREEMENT
In the event it is necessary for Kameleweb.com to enforce its rights under this
agreement, Customer agrees to pay all fees incurred by Kameleweb.com (including,
but not limited to, attorney's fees and collection agency fees)
AMENDMENT OR WAIVER
Except as otherwise provided herein, this Agreement may not be amended except
upon the written consent of Customer and an officer of kameleweb.com. No failure
to exercise and no delay in exercising any right, remedy, or power hereunder shall
operate as a waiver thereof, nor shall any single or partial exercise of any right,
remedy, or power hereunder preclude any other or further exercise thereof or the
exercise of any other right, remedy, or power provided herein or by law or in
equity. The waiver by any party of the time for performance of any act or condition
hereunder shall not constitute a waiver of the act or condition itself.
ASSIGNMENT AND SEVERABILITY
This Agreement shall be binding upon and inure to the benefit of Customer, Kameleweb.com
and their respective successors, and assigns. Customer may not assign this Agreement
without the prior written consent of kameleweb.com, which consent will not be
unreasonably withheld. If any provision of this Agreement shall be held by a court
of competent jurisdiction to be invalid, unenforceable, or void, the remainder
of this Agreement shall remain in full force and effect.
ENTIRE AGREEMENT
This Agreement, and any other document or agreements specifically identified
in this Agreement, supercedes all previous representations, understandings or
agreements and represent the entire agreement between the parties hereto.
ACCEPTANCE OF SERVICES
ACTIVATION OF SERVICE SHALL INDICATE Kameleweb.com's ACCEPTANCE OF THIS AGREEMENT.
USE OF THE Kameleweb.com NETWORK CONSTITUTES ACCEPTANCE OF THIS AGREEMENT BY THE
CUSTOMER. CUSTOMER represents and warrants that Customer has full authority and
right to enter into this Agreement. Customer further represents and warrants that
Customer is at least 18 years of age. Kameleweb.com it's a commercial brand owned
by: OneXperience, S.L. N.I.F.: B - 19209022 based in: C/ José de Juan, 31 19004
GU, Spain. Phone: +34 915 678 468 Email: . This agreement refers to the
customer and OneXperience, S.L. represented by it's commercial brand name kameleweb.com.
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