Terms and Conditions
These Terms And Conditions (“Terms”) are agreed by Sono Ride Technologies LLC via sonoapp.us (“We” or “Us”) and the entity agreeing to these Terms (“You”).
If You are acting on behalf of another entity, you represent and warrant that You have the legal authority to commit that entity to these Terms.
Where these Terms refer to a day that does not exist within a calendar month, the date shall be taken to mean the final day in that calendar month. For example, the date one calendar month after 31st January 2019 shall be taken to be 28th February 2019.
“Terms Of Sale” means the document titled “Terms Of Sale” that accompanies these Terms And Conditions.
“Purchase Date” means the date on which You make Your first payment to Us in relation to this sale.
“Subscription Start Date” means the date on which the Subscription (as in defined in clause 2.4) begins. The Terms Of Sale state whether the Subscription Start Date is the Purchase Date itself or the same day in the next calendar month after the Purchase Date.
“Subscription Renewal Date” means the same day as the Subscription Start Date in each subsequent month.
“Subscription Payment Date” means the dates stated in the Terms Of Sale on which We will take Subscription payments from You by the means stated in the Terms Of Sale.
You agree to purchase the design of a website (the “Website”) from Us. You agree to supply us with text and images (“Initial Content”) for use in the design of the Website.
We agree to design the number of pages specified in the Terms Of Sale. We will commence the design only after the Initial Content has been supplied.
You accept the presence of the text “A Host Your Pages Presentation” logo at the foot of each page on the Website.
You agree to purchase a subscription (the “Subscription”) to access the “Websites for $99.00” infrastructure, of which the content management system is one component, as it is installed and configured (the “Software”) to host the Website.
The minimum Term for the purchase of the Subscription is 12 calendar months, as stated in the Terms Of Sale. This Agreement will remain in effect beyond the minimum Term until cancelled.
If You have purchased a license for “Monthly” You may use the Software to upload up to 30 images for use on the Website.
If You have purchased a license for “Annual” and/or “Subscription", You may use the Software to upload up to 100 binary megabytes of images and 100 binary megabytes of files for use on the Website. Individual files are limited to 10 binary megabytes in size.
You agree to update Your account so that Your contact details remain accurate at all times.
You agree to update Your account so that You maintain an active payment method, as specified in clause 3.1, at all times.
Price and Payment
Payment for the Website must be made by credit card or debit card or, at Our sole discretion, through another method. Subscription payments must be made by Annual or Monthly Recurring Billing through a credit or debit card, or, at Our sole discretion, through another method.
Subscription payments will be taken automatically each month or year, in advance, on the Subscription Payment Date. Each Subscription payment covers the calendar month or year up until the following Subscription Renewal Date.
It is Your responsibility to provide in a timely manner the Initial Content required to complete Your site; Subscription payments will continue irrespective of whether this information has been provided. Under no circumstances shall You be entitled to make any deduction or withhold payment for any reason.
If Your account remains in arrears for a period of one calendar month following a Subscription Renewal Date, We reserve the right to remove the Website from the internet (“Suspension”) and disable Your ability to send and receive e-mails. We will notify You prior to Suspension. For the avoidance of doubt, if You have purchased multiple subscriptions from Us then We reserve the right to suspend all Websites in response to arrears incurred in relation to any of the subscriptions.
In the event of unpaid Subscription payments, We reserve the right to use the services of third parties to recover monies owed. Without prejudice to any other remedy available to Us, We reserve the right to pass on credit collection fees to You, plus statutory late payment interest.
You agree to pay an administration charge of $150.00 to restore the Website in the event of its Suspension for non-payment, or $80.00 to restore the Website after a cancellation request within the past three calendar months. Additional charges will apply after three calendar months.
In accordance with The Federal Trade Commission (FTC) requires sellers of goods in certain circumstances to allow consumers a “cooling off” period. Sales made by telephone, mail, or the Internet are also subject to FTC rules regarding refunds and returns. You have the right to cancel within a period of 3 days from placing Your order, (Consumers have a three-day cooling off period to cancel certain sales for a full refund.) provided (a) We have not commenced production of Your Website and (b) our Agents have not obtained or created material for use in the production of Your Website. In either case (a) or (b) the right to cancel is no longer applicable.
You may give notice of Your intention to cancel this agreement at any time without giving any reason. The date upon which this agreement terminates (“Cancellation Date”) is determined solely from the date on which We receive Your notice (“Notice Date”). The Cancellation Date is the next License Renewal Date falling on or after the date one calendar month after the Notice Date, provided this date satisfies the minimum Term. If this date does not satisfy the minimum Term, the Cancellation Date is the earliest date that satisfies the minimum Term.
We may cancel this agreement at any time without giving any reason. For the purposes of the following clauses, the “Notice Date” and “Cancellation Date” shall then be the date on which We give notice of Our cancellation. Should We cancel this agreement prior to the completion of the design of the Website We will refund to You the amount paid for the design and any License payments. Should We cancel this agreement following the completion of the design of the Website We will refund to You any Subscription payment made after the most recent Subscription Renewal Date.
The date upon which the Subscription terminates (“Termination Date”) is either the Cancellation Date or, at Your request, any other date on or after the date of such request and before the Cancellation Date. Should the Termination Date precede the Cancellation Date, all remaining Subscription payments will become due on the Termination Date.
Upon cancellation, We agree to provide a static copy of the Website (“Site Rip”) if requested by You before the Termination Date. Should You request a Site Rip on or after the Termination Date, You will incur an additional administration fee. You accept that any dynamic functionality will not be present in the Site Rip, including but not limited to form, editing, and e-commerce functionality.
Upon payment of an administration fee of $25.00, We agree to transfer control of Your domain names to a registrar nominated by You. You accept that We will not renew registration of any domain name after cancellation, and that failure to nominate a registrar will therefore lead to the expiry of domain names concerned. You understand that We will remain responsible for the domain names until their transfer or expiry, after which We have no further responsibility.
Domain names are registered for a minimum term of 12 months from the date of registration. Should You request that We cancel a domain name or transfer control of a domain to another registrar before the end of the minimum term, Your remaining payments for the domain name will become due immediately.
We will inform You once the design of the Website has been completed. It is Your responsibility to inform us of any errors in the design of the Website. If the design of the Website is not in accordance with this agreement for any reason Your sole remedy is limited to Us making good any errors or omissions.
The Website, Software, and any other services we provide to You (collectively “Services”) may only be used for lawful purposes. You agree to indemnify Us and hold Us harmless from any and all claims resulting from unlawful use of the Services.
We reserve the right to modify or restrict access to the Website, without giving notice, if We have reason to believe that the Website may be in breach of relevant legislation. We will incur no liability in relation to this action, even if the Website is subsequently determined not to be in breach of relevant legislation.
The Services may only be used in accordance with the Acceptable Use Policy, as displayed at the Acceptable Use Policy. We reserve the right to modify the Website and/or restrict access to the Services, without giving notice, if We believe You have breached the Acceptable Use Policy.
You may not use, nor permit the use of, the Services for the sending of unsolicited and/or excessive bulk e-mail. We reserve the right to disable e-mail services without notice upon learning of such activity. We reserve the right to seek legal remedy if such activity impacts Our ability to provide services to other customers.
If You have purchased a subscription for “Basic”, You understand that the “Basic” package is intended for websites with limited content. You may not enter more than 4000 characters of text per page for a Website on the “Lite” package. We reserve the right to modify the Website to enforce this restriction.
If We, on taking out a Subscription, do not offer alternative “Basic", “Standard" or “e-Commerce" options, the default package will be “e-Commerce".
Exclusions Of Liability
We will incur no liability for any errors in Your instructions or the Initial Content not corrected by You. You take full responsibility for ensuring that Your instructions and the Initial Content are correct.
You are responsible for maintaining the confidentiality of Your passwords and for restricting access to any device You use to access the Services. We will incur no liability for any consequence of Your failure to ensure such confidentiality and access restrictions. You agree to indemnify Us and hold Us harmless from any and all claims resulting from unlawful actions carried out through Your account.
The Services are provided without any warranty or condition or representation as to their fitness for any particular purpose.
We may provide You with an estimated time scale for the design of the Website. Such estimates are strictly advisory and are not guarantees. We will incur no liability for delays in the design of the Website.
We make no guarantees in relation to the availability of the Website, and will incur no liability if the Website is temporarily unavailable for whatever reason.
We will incur no liability if any aspect of the Website that is dependent on a third-party service ceases to function to due the actions of that third-party.
In the event of any breach of contract by Us, the remedies available to You are limited to damages. Under no circumstances shall Our liability exceed the amount paid.
We shall not be held liable for failure to perform Our obligations under this agreement due to act of God, war, civil war, sabotage, act of terrorism, government sanction, embargo, import regulation, export regulation, labor disputes (including strikes, lockouts, boycotts, or other industrial action), failure in the transportation of equipment, machinery or personnel, failure in the provision of any utility (including power, gas, water, or communication services), or any event or circumstance beyond Our reasonable control.
You accept that we own all rights, interest, and title in the Software, including all intellectual property rights. These rights are protected by intellectual property laws in the Unites States and internationally. You agree not to reproduce, modify, or otherwise create derivative works from the Software.
We may license content (“Stock Content”) from third parties (“Stock Suppliers”) for use on Your Website. You understand that such licenses prohibit the use of Stock Content outside of Your Website, including but not limited to use in printed matter or on other websites that You may operate now or in the future. You agree not to use Stock Content in a manner that would place Us in violation of Our contractual agreements with the Stock Suppliers concerned.
You agree that by submitting content through the Software and making such content available to the public, You grant Us a perpetual, non-exclusive, worldwide, royalty-free license to reproduce, modify, adapt, publish, and distribute such content. You represent and warrant that You have the necessary rights to grant such rights to Us.
You accept that in some circumstances We may be unable to register a domain name using Your contact details. You agree that in these circumstances We may register the domain name using Our contact details. Notwithstanding the contact details used, We disclaim ownership of any domain name registered at Your request.
Agents Of Seller
Our agents may have assisted You in Your purchase of the Website. Our agents are not employed by Us and We take no responsibility for their presentations, written or verbal communication, or other actions. You take full responsibility for all material supplied in connection with Your Website.
In the event of any dispute with Us, You are entitled to send to us an email at email@example.com with the description of your case.
You may not assign the benefits of this agreement to any other party.
No statement, description, information, warranty, or recommendation contained in any catalogue, price list, advertisement, or other promotional material or made verbally by any of Our agents or employees shall operate to vary these conditions.
A notice required or permitted to be given by Us to You under these Terms shall be delivered to the e-mail address You have specified in Your account. Notice shall be considered to be received by You within 24 hours of the time it is e-mailed to You. We will incur no liability for Your failure to receive such a notice due to any errors in Your specified contact details not corrected by You.
A notice required or permitted to be given by You to Us under these Terms shall be delivered in writing to Our registered business address.
Changes To Terms And Conditions
We may at any time, and at Our sole discretion, modify these Terms (a “Change") by giving notice of the Change and publishing a revised version of this agreement on Our website at http://www./.
A Change will take effect one calendar month after We give notice, except where the Change is required by law or the Change neither reduces Your rights nor increases Your responsibilities. In such cases, the Change will be made without notice and shall take effect immediately.
If You do not accept a Change, You must cancel Your website. If You do not object to a Change by cancelling Your website within the one calendar month notice period, You will be deemed to have accepted the Change.
If any provision of these terms and conditions is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the terms and conditions in question shall not be affected and shall remain in full force.
Rules and Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure
Unless you and Sonoapp.us otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $100, then the arbitration will be conducted solely on the basis of documents you and Sonoapp.us submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $100, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Sonoapp.us will not seek, and hereby waives all rights Sonoapp.us may have under applicable law to recover, attorneys’ fees and expenses if Sonoapp.us prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $100, Sonoapp will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
You may not assign these Terms without Sonoapp’s prior written approval. Sonoapp.us may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Sonoapp’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Sonoapp.us or any Third-Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Sonoapp’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sonoapp.us in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.