terms and conditions

This document outlines the terms and conditions governing the use of website development and hosting services (“Services”) provided by Homeserv Rocket, also known as Webfluence Solutions LLC, (“Company”). By engaging in our Services, you agree to abide by these terms.

These terms are applied between Homeserv Rocket also known as Webfluence Solutions. Homeserv Rocket and the buyer of Homeserv Rocket’s products (“The Customer”). These Terms govern your use of and access to the Service detailed below and are a legally binding agreement between You and the Company. In the event of conflicting information between the submitted quotation and the general terms and conditions, the offer shall prevail.

Introduction

By accessing the website homeservrocket.com (collectively the “Site” or “Website”), submitting information to us or using the Service constitutes your Agreement to these Terms and you consent to the collection, use and disclosure of information as described in these Terms and our Privacy Policy which is incorporated into and forms a part of these Terms.

The Company provides a platform for development and hosting of websites. We reserve the right, acting in our sole discretion and at any time, to revise these Terms, including the Privacy Policy. It is your responsibility to ensure that You are aware of the current Terms when you access or use the Site.

1. General Terms Overview:

1.1 To use our Service, you must be eighteen (18) years or older and have the power and authority to enter into these Terms. You must not, in the use of the Service, violate any laws in your jurisdiction. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.

1.2 You understand that the technical processing and transmission of the Service, including content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not transmit any worms or viruses or any code of a destructive nature. You agree that You will not interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service.

1.3 The Company may use third-party features and/or hosting partners to provide technology required to run the Service. You agree to indemnify, defend, and hold harmless the Company and its suppliers from any and all loss, cost, liability, and expense arising from or related to Your data, Your use of the Service, or Your violation of these terms.

1.4 Due to the combination of resources required, development cost, or delivery timeframe desired, some customization requests are not possible. We cannot guarantee that there is a solution available for any given customization request. The customer is responsible for investigating the limitations and possibilities that exist in the agreed platform. The Company is not able to notify the Customer of all limitations that are found in the agreed platform.

1.5 The Company may monitor, terminate or suspend Your Account at any time. The Company may immediately, and without prior notice, terminate Your ability to access the Service or portions thereof for any reason. You acknowledge and agree that any termination or suspension of Your Account may be made by us in our sole discretion and that we shall not be liable to You or any third-party for any termination or suspension of Your Account or access to the Service.

1.6 Both the Company and the Customer are responsible for reading these terms and the quotation before signing. The customer is responsible for ensuring that they understands the scope of the project before the project starts. Homeserv Rocket is responsible for understanding the possibilities and limitations of the agreed platform.

2. Website Development and Hosting:

2.1 The Company will develop a website for the Client based on the specifications outlined upon payment of the Initial Fee the Company shall set up and customize the website for the Customer as outlined. After initial customization is complete and the site has been moved to the Customer’s domain, the Customer may update and manage some content through the website’s administrative dashboard. The website will only be hosted on the Company’s servers and cannot be transferred to a third party hosting provider. The Company does not support the installation of 3rd party plugins or products on its network by the customer. If the Customer chooses to use 3rd party features they must install the 3rd party features on their own accord. The Company can provide options for embeddable third party scripts on the front end only and cannot guarantee the functionality.

2.2 The website development process includes a revision, based on time of work, period during which the Client can request reasonable modifications. Excessive revisions may incur additional charges. The Company agrees to three rounds of revisions without incurring additional fees for Custom Websites. If the scope of the project changes, or work has to be ‘re-done’, or is a substantial modification to the original agreed upon scope of the project, the Company reserves the right to charge additional fees for labor incurred. The Client acknowledges that any changes or additional features beyond the agreed scope may incur additional charges. Site imports or migrations, redirects are not included in pricing and incur additional charges.

2.3 The Company does not provide email hosting solutions but will assist Customers to ensure existing email setups are configured and functional on the completed customized website. Should the Customer request support from the Company to configure their emails on third-party servers, the Customer acknowledges that their email may go down for an unidentified period of time and agrees to hold the Company harmless for such events.

2.4 The hosting, service, and maintenance fees are included in a monthly package fee payable on a recurring basis

2.5 We do not monitor the content of our Customer’s websites. However, you agree not to include in your customized website any content that is illegal, improper, that infringes the intellectual property of anyone, including but not limited to copyrighted text, copyrighted images, and trademarks.

2.6 The Company reserves the right to suspend hosting services for non-payment. Reinstatement of services will be subject to a reactivation fee.

2.7 The Company has the right to display a link, and or a linked image, to our websites, including but not limited to: www.homeservrocket.com

3. Data and Content:

3.1 The Client is responsible for providing accurate and legal content for their website. You acknowledge and agree that any emails, personal information, and/or customer data provided by You to the Company or data collected by You or collected through Your use of our Service, has been collected lawfully. Any data provided by the customer are accurate and do not infringe on third party intellectual property rights.

3.2 The Company is not responsible for the accuracy, legality, or appropriateness of the content hosted on the website. We are not and will not be liable for any failures by You to follow privacy laws. We agree to utilize data we collect only according our Privacy Policy and we will do our best to fulfill our obligations to keep such data secure.

4. Service Level Agreement (SLA):

4.1 The Company will make reasonable efforts to ensure the availability and performance of hosted websites.

4.2 The Client acknowledges that scheduled maintenance may temporarily affect website availability and that the Company will provide notice whenever possible.

4.3 In order for the company to protect and preserve the integrity of its servers, it requires that the Customers website be fully managed through the Company’s account.

5. Intellectual Property:

5.1 The Website shall only be hosted within our Company’s servers. The customer is not entitled to transfer a website to another hosting provider. The Company shall retain all intellectual property rights in the website, including all copyrights. This stands under all circumstances including, but not limited to the termination of this Agreement by either party.

5.2 You will not copy, imitate, modify, alter, use any of the intellectual property without our prior written consent. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the User.

5.3 The Company retains ownership of the intellectual property related to the hosting platform and any proprietary tools or software used in the development process, as well as, all content created by such tools or software.

5.4 All data, text and images uploaded by the Customer onto the website shall remain the property of the Customer. You agree that all content You upload and/or transmit through the Service is lawfully owned by You and You own the copyright or have the proper permissions for all content and images. The Company is not liable for any copyright claims against your content. If you believe that material available on our Site infringes on your copyright(s), please notify us by submitting a Digital Millennium Copyright Act (DMCA) notice. After we receive a valid and complete notice, we will investigate, remove the material, and make a good faith attempt to contact the user who uploaded the material, via email.

6. Payment Terms

6.1 You agree to pay the Company an initial development fee (the “Initial Fee”), due immediately upon signing up, and a monthly hosting & service fee (the “Monthly Fee”) as dictated on the Website (depending on chosen products during or after signup), which begins immediately upon start of work by the Company. The initial fee is non-refundable once work has begun. Any other fees incurred as a result of a work order or job requested by the Customer shall be non-refundable.

6.2 The Company has the right to increase prices at any time with a thirty (30) day written notice.

6.3 Any amount not paid within ten (10) business days from initial billing date and notification shall be considered past due and may be subject to late fees. A late fee may be charged on past due accounts.The Customer shall also be liable for all attorney and collection fees arising from the Company’s efforts to collect any unpaid balance of the Customer’s account(s).

6.4 All Customers whose hosting & service fees are current will receive ongoing services to their website in the form of updates, feature updates, or other, as such updates. The Company reserves the right to determine the timing of any Scheduled Updates. Work by the Company on the Customer website beyond the maintenance and updates must be agreed to in writing, and shall be billed at the agreed upon rate. Payment is due upon the receipt. The customer can at any time, by email, contact the Company with requests for changes after delivery. These requests are then regarded as requests for price indications and will be offered via email.

6.5 The Company restricts chargebacks or any kind. If the Customer has an issue with services or fees the Customer is required to send an email to the address listed in this Agreement to further discuss the matter.

6.6 The customer must assist the Company with any material in the form of pictures, texts and the like (“Customer material”) no later than sixty (60) days after ordering. Otherwise, the Company has the right to invoice the Customer as though the site has been completed. The customer then has another six (6) months to send Customer Material. Otherwise, the Company will deliver the Product as far as it can be completed. In connection with this, the project is terminated and the Company no longer has any responsibility for the completion of the Product.

7. Termination:

7.1 This Agreement shall be effective as of the date you engage the Company’s services, either by making a purchase on the website, or signing an agreement. We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. This Agreement may be terminated by the Company as stated above if the Customer fails to pay, if the customer includes any material deemed illegal, or improper in there website, or if any material infringes on intellectual property of any third party.

7.2 If You wish to terminate Your Account, You may notify us in writing.

8. Indemnification:

8.1 The Client agrees to indemnify and hold the Company harmless from any claims or liabilities, damages, losses, or expenses (including attorneys fees and expenses of litigation) incurred by or imposed upon any of the Company in connection with any first, second and/or third party claims, suits, actions, demands or judgments (“Claims”) under any theory of liability (including without limitation actions in the form of tort, warranty, or strict liability) resulting from or arising out of the practice or use of any of the Company Technology or Joint Technology (or any part thereof) by the Company, its Affiliates or any of their Sublicensees, or concerning any product, process, or service that is made, used, or sold pursuant to any right or license granted by the Company under this Agreement.

9. Limitation of Liabilities

9.1 You agree that under no circumstances shall we the Company be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site, platform, or services. Additionally, Homeserve Rocket, Webfluence Solutions LLC, is not liable for damages in connection with (1) any failure of performance, error, omission, attack, interruption, deletion, denial of service, defect, delay in operation or transmission, computer virus or line or system failure; (2) loss of revenue, anticipated profits, business, savings, goodwill or data; and (3) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. This applies even if the company has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall the company cumulative liability to you exceed the total fees you paid to us in the twelve months prior to the action.

10. Confidentiality:

10.1 Both parties agree to keep confidential any proprietary or sensitive information obtained during the course of the agreement.

11. Assignment:

11.1 Homeserv Rocket shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

12. Release of Claims:

12.1 In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Service. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.

13. Disclaimer & Warranties:

13.1 The Company makes no representation or warranty that the Service or other information provided, regardless of its source, are accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Service. The Service and any third-party software and services are provided “as is,” with no warranties whatsoever. The Company and such third parties expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights and any warranties regarding the security, reliability, timeliness, and performance of the software or service and such third party software or services.

13.2 The Company warrants that its Services shall be performed to the best of the Company’s competency and knowledge. No other representation, express or implied, and no warranty or guarantee are included or intended in this Agreement, or in any report, opinion, deliverable, work product, document or otherwise. Furthermore, no guarantee is made as to the efficacy or value of any website, customized website or hosting service. The company only provides a service to its customers. All software, information, content, material, file, database, archive, technique, programs or any other tool or data developed and used for the creation and/or usage of the customized website services and hosting service or services belongs solely to the company, and it shall not be transferred to customers. Customers can only utilize the services of the company in the company’s servers and within the company’s infrastructure.

13.3 You acknowledge that You will keep a backup copy of any content You upload and/or transmit through the Service and the Company will not be held liable should content be lost.

13.4 You shall not upload or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

13.5 Any testimonials or examples shown through the Company’s Website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Service. You acknowledge that the Company has not and does not make any representations as to the future result that may be derived as a consequence of use of the Service.

14. Third Parties

14.1 The Site and/or Service may contain links to third-party resources and websites. You acknowledge and agree that we are not responsible or liable for such websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation. You acknowledge sole responsibility arising from your use of any such websites or resources.

15. ADA Compliance

15.1 The Customer acknowledges and agrees to assume any and all responsibility for ADA compliance under the Americans with Disabilities Act of 1990.

15.2 It is the sole responsibility of the Customer to ensure compliance of ADA regulations. The Customer agrees to hold the Company harmless of any liability, action, claims, suits or any other issue arising from ADA claims or violations.

15.3 The Company offers an ADA compliance add-on to provide the Customer with an ADA compliance solution. The Company does its best to keep the tool up to date with changing laws and regulations. However, the add-on is not a substitute for legal advice or a guarantee regarding ADA legal compliance.

16. Governing Law:

16.1 This agreement is governed by the laws of Texas. Any disputes arising from this agreement will be resolved in Katy Texas through arbitration or a court of competent jurisdiction.

16.2 If any provision of these Terms is held to be unenforceable, illegal, invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

16.3 If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association.

17. Complaints

17.1 If the Customer wishes to make a complaint regarding errors or deficiencies in the execution of the project, the Customer shall do so in writing no later than 7 days after deployment of the website.

18. Notice

18.1 Any notice given under or in connection with this Agreement must be in writing from the sender and must be sent to the company via email.

19. Force majeure

19.1 If Homeserv Rocket is prevented from fulfilling its obligations under the agreement due to circumstances that the Company has not been able to control such as lightning strikes, work conflict, fire, natural disaster, acts of God, altered government regulations, government intervention and errors or delay in services from subcontractors due to circumstances stated here, this shall constitute relief grounds that lead to the timing of performance and exemption from damages and other possible penalties.

20. Entire Agreement

20.1 These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Homeserv Rocket and you, and supersede all prior agreements and understandings with respect to the

By engaging in our Services, you acknowledge that you have read, understood, and agree to abide by these terms and conditions. The Company reserves the right to modify these terms.