Terms of Sale Agreement
The following
terms and conditions govern all use of the sonoapp.us website and all content,
services and products available at or through the website (taken together, the
Website). The Website is owned and operated by Sono Ride Technologies LLC (“sonoapp.us").
The Website is offered subject to your acceptance without modification of all
of the terms and conditions and Terms Of Sale Agreement contained herein and
all other operating rules, policies (including, without limitation, sonoapp.us ‘s
Privacy Policy) and procedures that may be published from time to time on this
Site by sonoapp.us (collectively, the “Agreement").
Please read
this Agreement carefully before accessing or using the Website. By accessing or
using any part of the web site, you agree to become bound by the terms and
conditions of this agreement. If you do not agree to all the terms and
conditions of this agreement, then you may not access the Website or use any
services. If these terms and conditions are considered an offer by sonoapp.us,
acceptance is expressly limited to these terms. The Website is available only
to individuals who are at least 13 years old.
Your sonoapp.us
Account and Site. If you create a blog/site
on the Website, you are responsible for maintaining the security of your
account and blog, and you are fully responsible for all activities that occur
under the account and any other actions taken in connection with the blog. You
must not describe or assign keywords to your blog in a misleading or unlawful
manner, including in a manner intended to trade on the name or reputation of
others, and sonoapp.us may change or remove any description or keyword that it
considers inappropriate or unlawful, or otherwise likely to cause sonoapp.us
liability. You must immediately notify sonoapp.us of any unauthorized uses of
your blog, your account or any other breaches of security. sonoapp.us will not
be liable for any acts or omissions by You, including any damages of any kind
incurred as a result of such acts or omissions.
Responsibility of
Contributors. If you operate a blog, comment on a blog,
post material to the Website, post links on the Website, or otherwise make (or
allow any third party to make) material available by means of the Website (any
such material, “Content"), You are entirely responsible for the
content of, and any harm resulting from, that Content. That is the case
regardless of whether the Content in question constitutes text, graphics, an
audio file, or computer software. By making Content available, you represent
and warrant that:
·
the downloading, copying and use
of the Content will not infringe the proprietary rights, including but not
limited to the copyright, patent, trademark or trade secret rights, of any
third party;
·
if your employer has rights to
intellectual property you create, you have either (i) received permission from
your employer to post or make available the Content, including but not limited
to any software, or (ii) secured from your employer a waiver as to all rights
in or to the Content;
·
you have fully complied with any
third-party licenses relating to the Content, and have done all things
necessary to successfully pass through to end users any required terms;
·
the Content does not contain or
install any viruses, worms, malware, Trojan horses or other harmful or
destructive content;
·
the Content is not spam, is not
machine- or randomly-generated, and does not contain unethical or unwanted
commercial content designed to drive traffic to third party sites or boost the
search engine rankings of third party sites, or to further unlawful acts (such
as phishing) or mislead recipients as to the source of the material (such as
spoofing);
·
the Content is not pornographic,
does not contain threats or incite violence towards individuals or entities,
and does not violate the privacy or publicity rights of any third party;
·
your blog is not getting
advertised via unwanted electronic messages such as spam links on newsgroups,
email lists, other blogs and web sites, and similar unsolicited promotional
methods;
·
your blog is not named in a
manner that misleads your readers into thinking that you are another person or
company. For example, your blog’s URL or name is not the name of a person other
than yourself or company other than your own; and
·
you have, in the case of Content
that includes computer code, accurately categorized and/or described the type,
nature, uses and effects of the materials, whether requested to do so by sonoapp.us
or otherwise.
By submitting
Content to sonoapp.us for inclusion on your Website, you grant sonoapp.us a
world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt
and publish the Content solely for the purpose of displaying, distributing and
promoting your blog. If you delete Content, sonoapp.us will use reasonable
efforts to remove it from the Website, but you acknowledge that caching or
references to the Content may not be made immediately unavailable.
Without
limiting any of those representations or warranties, sonoapp.us has the right
(though not the obligation) to, in sonoapp.us ‘s sole discretion (i) refuse or
remove any content that, in sonoapp.us ‘s reasonable opinion, violates any sonoapp.us
policy or is in any way harmful or objectionable, or (ii) terminate or deny
access to and use of the Website to any individual or entity for any reason, in
sonoapp.us ‘s sole discretion. sonoapp.us will have no obligation to provide a
refund of any amounts previously paid.
Website development. Website that is valued at over $1,000 require
a written contract that sets forth the payment terms and conditions of the work
performed by sonoapp.us. If a project requires website development for $999
or less, we offer 3 revisions, providing the client responds to us within 3
business days upon receipt of each revision. If a customer fails to respond to
revisions within 3 business days, sonoapp.us will make revisions, but there may additionally
charges for such revisions.
Promotion & Service Agreement. As a reminder, you have signed up for the “12 Months Subscription Plan”
commitment to access the “Websites for $99 or $199 or $399” offer,
infrastructure of which the content management system is one component, as it
is installed and configured (the “Software”) to host the Website. If you cancel
your subscription within that commitment period, you’ll be charged an early
termination fee of 50% of your remaining contract obligation. Your service will
continue until the end of that month’s billing period.
Our plans
details: (12 months plan for $99) include 5 Unique Pages Design, Basic Contact /
Inquiry Form, Responsive for Mobile & Tablet, Complete W3C Certified HTML
or WordPress, FREE 3 Stock Photos, FREE Google Friendly Sitemap, FREE 12 Months
Web Hosting, FREE 12 Months Free Domain Registration, FREE 2GB Web Hosting
Space. (12 months plan for $199) include 10 Unique Pages Design,
Basic Contact / Inquiry Form, Responsive for Mobile & Tablet, Complete W3C
Certified HTML or WordPress, FREE 5 Stock Photos, FREE Google Friendly Sitemap,
FREE 12 Months Web Hosting, FREE 12 Months Free Domain Registration, FREE 5GB
Web Hosting Space. (12 months plan for $399) include 15
Unique Pages Design, Basic Contact / Inquiry Form, Responsive for Mobile &
Tablet, Complete W3C Certified HTML or WordPress, FREE 10 Stock Photos, FREE
Google Friendly Sitemap, FREE 12 Months Web Hosting, FREE 12 Months Free Domain
Registration, FREE 10GB Web Hosting Space. Any Additional Page have an extra
charge of $25.
Hosting. Your website is hosted only on sonoapp.us partner servers. sonoapp.us is under no obligation to provide
website files, design, or content if a contract for the website is terminated,
or the website is relocated to a different host. Sonoapp.us makes no representations or
guarantees that your website will function properly if relocated to a different
host, and sonoapp.us is not liable for any downtime, errors, security issues,
or other failures or damages arising from your decision to relocate a website
to another host. sonoapp.us retains the
right to assess reasonable fees for any transfer of a domain name to a host
other than sonoapp.us.
Updating or
editing your website content. You will need small updates time
to time, our maintenance fee covers any update for your website content, with
limitations per month Up to 10 times changes each month to content, text and pictures.
Updates do not include for the complete template structure or adding new pages,
changes in the template or adding new pages have an extra cost. (All the
updates are no monthly accumulable).
Updates included:
·
Text: Additions or deletions.
·
Photos: Additions, deletions, and
basic retouching.
·
Pages: Modify, deletions using
existing page design.
·
Navigation: Basic navigational
changes (add, move, or delete an item in the navigation).
·
File downloads: Additions or
deletions of PDFs and other documents.
·
Videos: Insertion or deletion of
a pre-edited video.
·
Links: Additions or deletions.
·
Color and background images:
Changes or replacements.
Website Service
Maintenance Fees. Sonoapp.us maintenance fee promotion
covers for the first 12 months; maintenance service helps to improve the
performance and security of your website. After the offer period ends, as you
are our customer, we give you our loyalty price for website maintenance service
just for $35 monthly or $420 annual fees for maintenance of your website. Our
regular price for website maintenance service price per month is $200 up to
$450.
Logos. Sonoapp.us provides clients with unlimited logo designs if they purchase
the Combo Express, Premium, or Ultimate Logo Design package, providing clients
give us timely feedback to the designs within 2 business days of receipt. If a
client waits longer than 2 business days to provide us with feedback, the logo
can be changed, but there may be an additional charge.
We typically
provide logos for original designs within 1-2 business days.
Blog Writing. We offer revisions on blogs; the actual number of revisions and number of
blogs are based on the package purchased. If a customer fails to respond to
revisions within 3 business days, sonoapp.us will make revisions, but there may
additionally charges for such revisions.
Payment and Renewal.
·
General Terms.
By selecting a product or service, you agree to pay sonoapp.us the one-time
and/or monthly or annual subscription fees indicated (additional payment terms
may be included in other communications). Subscription payments will be charged
on a pre-pay basis on the day you sign up for an Upgrade and will cover the use
of that service for a monthly or annual subscription period as indicated.
Payments are not refundable.
·
Automatic Renewal.
Unless you notify sonoapp.us before the end of the applicable subscription
period that you want to cancel a subscription, your subscription will
automatically renew and you authorize us to collect the then-applicable annual
or monthly subscription fee for such subscription (as well as any taxes) using
any credit card or other payment mechanism we have on record for you. Upgrades
can be canceled at any time by submitting your request to sonoapp.us in
writing.
Services.
·
Fees; Payment. By signing up for a Services account you agree to pay sonoapp.us the
applicable setup fees and recurring fees. Applicable fees will be invoiced
starting from the day your services are established and in advance of using
such services. sonoapp.us reserves the right to change the payment terms and
fees upon thirty (30) days prior written notice to you. Services can be
canceled by you at any time on thirty (30) days written notice to sonoapp.us.
·
Refund Policy
We have a 100
percent money back guarantee policy. This means if you are not satisfied with
the mockups delivered, you can request a full refund of what you paid. Unlike
many other firms, we do not deduct any amount, e.g. “admin fees" or
“overhead fees". We wish to make refund as soon as they are
requested. The refund, however, may take up to 21 business days to process.
To claim a
refund, you are required to fill out a simple refund request form that can be
provided by our customer support representative. Please note that filling up
the form is mandatory and if we do not find the responses to the questions in
the form to be satisfactory, then we reserve the right to deny the refund. Your
responses in the form are used by our quality assurance team to understand your
reasons for refund which in turn helps us improve quality of our services.
Refunds are not
applicable in following scenarios:
*Once we start
working on revisions as per your feedback, no refund can be claimed since your
request for revisions is deemed to be your confirmation to proceed with the
shortlisted mockup(s).
*If the
mock-up(s) delivered to you are based on an explicit design idea shared by you,
e.g. a sketch, or the mockups are just a recreation of an existing logo design
shared by you.
*The Account
Area is a platform that allows customers to communicate with us in a convenient
manner. It is your sole responsibility to check the account area to address any
questions, concerns, or additional instructions requested by sonoapp.us. It is
your responsibility to check and use the Account Area. Your failure to do so is
not grounds for a refund. However, if you are uncertain about using the area,
you may contact the customer support team at any time for assistance.
*No refund is
available for design firms or for those who order our design services on behalf
of another entity.
*No refund is
provided if you are getting your logo design done simultaneously from multiple
designers/firms/services.
*We offer
multiple design concepts at no extra cost within the package you select. if you
decide to continue working with us on additional design concepts then a refund
is not applicable. For example, if you ordered our Basic Package which includes
two design mockups/concepts and you do not like either of the mockups but wish
to see more concepts, then you forfeit the right to get a refund.
*No refund is
available when you receive the final file of your logo (s). The final files are
the source vector files, formatted in a high resolution, that we send at the
end of the revision process.
*PPC, SEO, SMO,
content writing/delivery, and all other marketing services provided by sonoapp.us
are payable in advance and are non-refundable.
*The delivery
timeline is approximate and may be subject to delays due to local holidays, the
complexity of the project, and sonoapp.us’s current workload. We typically
deliver logos within 1-2 business days, and website designs within 5-7 business
days.
*You shall have
10 days to respond to each original design and/or revision we send you. If
after 10 days you fail to respond to us, sonoapp.us will assume that your
project is complete. At such time, sonoapp.us will have no further obligation
to you, and you will pay sonoapp.us pursuant to the provisions of these Terms of
Services. Notwithstanding the foregoing, sonoapp.us reserves the right, in its
sole discretion, to terminate your access to all or a portion of the Service,
at any time, with or without notice. In the event of such termination, sonoapp.us
will determine, in its sole discretion, whether you are entitled to any refund.
Support. If your service includes access to priority email support.
“Email support" means the ability to make requests for technical
support assistance by email at any time (with reasonable efforts by sonoapp.us
to respond within one business day) concerning the use of the Priority Services.
“Priority" means that support takes priority over support for users
of the standard or free sonoapp.us services. All support will be provided in
accordance with sonoapp.us standard services practices, procedures and
policies.
Ownership of
the Work. Once artwork is approved, the final file is sent to the client, and the
final payment is made, the client owns all the rights to the design. All the
claims and copyrights of the design are then transferred to the client.
Copyrights &
Trademarks. The client retains full ownership of the logos, the
drafts and all related materials after project has been completed.
The Website
retains the right to use the logos solely for promotional purpose, including as
part of our portfolio, and will not resell them unless explicitly authorized by
the client.
Responsibility of
Website Visitors. sonoapp.us has not
reviewed, and cannot review, all of the material, including computer software,
posted to the Website, and cannot therefore be responsible for that material’s
content, use or effects. By operating the Website, sonoapp.us does not
represent or imply that it endorses the material there posted, or that it
believes such material to be accurate, useful or non-harmful. You are
responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. The Website may contain content that is offensive,
indecent, or otherwise objectionable, as well as content containing technical
inaccuracies, typographical mistakes, and other errors. The Website may also
contain material that violates the privacy or publicity rights, or infringes
the intellectual property and other proprietary rights, of third parties, or
the downloading, copying or use of which is subject to additional terms and
conditions, stated or unstated. sonoapp.us disclaims any responsibility for any
harm resulting from the use by visitors of the Website, or from any downloading
by those visitors of content there posted.
Content Posted on
Other Websites. We have not reviewed, and cannot review, all
of the material, including computer software, made available through the
websites and webpages to which sonoapp.us links, and that link to sonoapp.us. sonoapp.us
does not have any control over those non- sonoapp.us websites and webpages, and
is not responsible for their contents or their use. By linking to a non- sonoapp.us
website or webpage, sonoapp.us does not represent or imply that it endorses
such website or webpage. You are responsible for taking precautions as
necessary to protect yourself and your computer systems from viruses, worms,
Trojan horses, and other harmful or destructive content. sonoapp.us disclaims
any responsibility for any harm resulting from your use of non- sonoapp.us
websites and webpages.
Copyright
Infringement and DMCA Policy. As sonoapp.us asks others
to respect its intellectual property rights, it respects the intellectual property
rights of others. If you believe that material located on or linked to by sonoapp.us
violates your copyright, you are encouraged to notify sonoapp.us in accordance
with sonoapp.us ‘s Digital Millennium Copyright Act (“DMCA") Policy. sonoapp.us
will respond to all such notices, including as required or appropriate by
removing the infringing material or disabling all links to the infringing
material. sonoapp.us will terminate a visitor’s access to and use of the
Website if, under appropriate circumstances, the visitor is determined to be a
repeat infringer of the copyrights or other intellectual property rights of sonoapp.us
or others. In the case of such termination, sonoapp.us will have no obligation
to provide a refund of any amounts previously paid to sonoapp.us.
Intellectual
Property. This Agreement does not transfer from sonoapp.us to you any sonoapp.us
or third-party intellectual property, and all right, title and interest in and
to such property will remain (as between the parties) solely with sonoapp.us, sonoapp,
the sonoapp.us logo, and all other trademarks, service marks, graphics and
logos used in connection with sonoapp.us, or the Website are trademarks or
registered trademarks of sonoapp.us or sonoapp.us ‘s licensors. Other
trademarks, service marks, graphics and logos used in connection with the
Website may be the trademarks of other third parties. Your use of the Website
grants you no right or license to reproduce or otherwise use any sonoapp.us or
third-party trademarks.
Advertisements. sonoapp.us reserves the right to display advertisements on your blog
unless you have purchased an ad-free account.
Attribution. sonoapp.us reserves the right to display attribution links such as
‘Blog at sonoapp.us,’ theme author, and font attribution in your blog footer or
toolbar.
Partner Products. By activating a partner product (e.g. theme) from one of our partners,
you agree to that partner’s terms of service. You can opt out of their terms of
service at any time by de-activating the partner product.
Domain Names. If you are registering a domain name, using or transferring a
previously registered domain name, you acknowledge and agree that use of the
domain name is also subject to the policies of the Internet Corporation for
Assigned Names and Numbers (“ICANN"), including their Registration Rights and Responsibilities.
Changes. sonoapp.us reserves the right, at its sole discretion, to modify or replace
any part of this Agreement. It is your responsibility to check this Agreement
periodically for changes. Your continued use of or access to the Website
following the posting of any changes to this Agreement constitutes acceptance
of those changes. sonoapp.us may also, in the future, offer new services and/or
features through the Website (including, the release of new tools and
resources). Such new features and/or services shall be subject to the terms and
conditions of this Agreement.
Termination. sonoapp.us may terminate your access to all or any part of the Website at
any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate this Agreement or your sonoapp.us account (if you have
one), you may simply discontinue using the Website. Notwithstanding the
foregoing, if you have a paid services account, such account can only be
terminated by sonoapp.us if you materially breach this Agreement and fail to
cure such breach within thirty (30) days from sonoapp.us ‘s notice to you
thereof; provided that, sonoapp.us can terminate the Website immediately as
part of a general shut down of our service. All provisions of this Agreement
which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
Disclaimer of
Warranties. The Website is provided “as is". sonoapp.us
and its suppliers and licensors hereby disclaim all warranties of any kind,
express or implied, including, without limitation, the warranties of
merchantability, fitness for a particular purpose and non-infringement. Neither
sonoapp.us nor its suppliers and licensors, makes any warranty that the Website
will be error free or that access thereto will be continuous or uninterrupted.
You understand that you download from, or otherwise obtain content or services
through, the Website at your own discretion and risk.
Limitation of
Liability. In no event will sonoapp.us, or its suppliers or licensors, be liable
with respect to any subject matter of this agreement under any contract,
negligence, strict liability or other legal or equitable theory for: (i) any
special, incidental or consequential damages; (ii) the cost of procurement for
substitute products or services; (iii) for interruption of use or loss or
corruption of data; or (iv) for any amounts that exceed the fees paid by you to
sonoapp.us under this agreement during the twelve (12) month period prior to
the cause of action. sonoapp.us shall have no liability for any failure or
delay due to matters beyond their reasonable control. The foregoing shall not
apply to the extent prohibited by applicable law.
General
Representation and Warranty. You represent and warrant
that (i) your use of the Website will be in strict accordance with the sonoapp.us
Privacy Policy, Terms and Conditions, Prohibited Acts and with this Agreement
and with all applicable laws and regulations (including without limitation any
local laws or regulations in your country, state, city, or other governmental
area, regarding online conduct and acceptable content, and including all
applicable laws regarding the transmission of technical data exported from the
United States or the country in which you reside) and (ii) your use of the
Website will not infringe or misappropriate the intellectual property rights of
any third party.
Indemnification. You agree to indemnify and hold harmless sonoapp.us, its contractors,
and its licensors, and their respective directors, officers, employees and
agents from and against any and all claims and expenses, including attorneys’
fees, arising out of your use of the Website, including but not limited to your
violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between sonoapp.us
and you concerning the subject matter hereof, and they may only be modified by
a written amendment signed by an authorized executive of sonoapp.us, or by the
posting by sonoapp.us of a revised version. Except to the extent applicable
law, if any, provides otherwise, this Agreement, any access to or use of the
Website will be governed by the laws of the Ontario, Canada, excluding its
conflict of law provisions, and the proper venue for any disputes arising out
of or relating to any of the same will be the state and federal courts located
in San Francisco, California. Except for claims for injunctive or equitable
relief or claims regarding intellectual property rights (which may be brought
in any competent court without the posting of a bond), any dispute arising
under this Agreement shall be finally settled in accordance with the
Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation
Service, Inc. (“JAMS") by three arbitrators appointed in accordance
with such Rules. The arbitration shall take place in San Francisco, California,
in the English language and the arbitral decision may be enforced in any court.
The prevailing party in any action or proceeding to enforce this Agreement
shall be entitled to costs and attorneys’ fees. If any part of this Agreement
is held invalid or unenforceable, that part will be construed to reflect the
parties’ original intent, and the remaining portions will remain in full force
and effect. A waiver by either party of any term or condition of this Agreement
or any breach thereof, in any one instance, will not waive such term or
condition or any subsequent breach thereof. You may assign your rights under
this Agreement to any party that consents to, and agrees to be bound by, its
terms and conditions; sonoapp.us may assign its rights under this Agreement
without condition. This Agreement will be binding upon and will inure to the
benefit of the parties, their successors and permitted assigns.