Services Agreement

This web page represents a legal document that serves as our Services Agreement and it governs any services that you purchase through Skydevelop.com, vBProjects.org, vBSpring.com, XenCentral.com and Premiumwpreview.com (collectively, "Websites), as owned and operated by Skydevelop Ltd. - OÜ SKYDEVELOP, Tallinn, Estonia, reg. num. 12124121 (Skydevelop). The last update to our Services Agreement was posted on January 20, 2012.

Our Services Agreement is considered part of our Legal Terms and is incorporated by reference to it. Any capitalized terms as found in our Services Agreement have the same meaning as in our Legal Terms. If there is any conflict in terms between this Services Agreement and our other Legal Terms, this Services Agreement controls as to the services Skydevelop provides to you. Subject to the terms of this Services Agreement, Skydevelop shall provide the services (“Services”) and you shall pay the associated charges and all related taxes, fees, assessments and surcharges listed for the services you have purchased.

Customer Verification

To verify our Customers’ identities and credibility as well as to prevent fraud, when you place an order for our Services, Skydevelop may, in our sole discretion and with no explanation, require the following information from you: Any documents that you provide are subject to our Privacy Policy. If Skydevelop requires such verification from you, you will receive an email from verification@skydevelop.com with a list of the documents required from you for verification. You must provide and email the required documents in scanned form (i.e. TIFF, JPEG, or PDF) to this email address. All such documents are stored on our secure servers during the verification process. After the verification process is completed, all such documents are deleted from our server. Skydevelop may also use third party verification services to assist with verification and fraud detection. Skydevelop will have confidentiality agreements in place with such third party services to protect your documents and the information they contain.

Limitations/Restrictions on Services

You understand that the Services we offer will typically have any limitations or restrictions (i.e. limitations on server usage or storage space) clearly disclosed to you prior to purchase. However, you acknowledge that for Services provided to you by third parties, additional limitations or restrictions may be imposed by such third parties for which Skydevelop may have no advanced notice. As such, you agree that Skydevelop . You expressly release Skydevelop from any responsibility or liability for any services, content, act, omission, limitation, or restriction by any third party in your use of the Services.

Unacceptable Use

You shall not use the Services in any manner that is illegal, fraudulent, threatening, abusive, defamatory, or obscene, or that could cause damage or adversely affect Skydevelop , its Customers, owners, officers, directors, personnel, agents, representatives or affiliates. You shall not directly nor indirectly make any statement or release any information that is intended to, or reasonably could be foreseen to, embarrass, criticize, damage or adversely affect Skydevelop , its Customers, owners, officers, directors, personnel, agents, representatives or affiliates. A statement or release of any information under this section includes, but is not limited to, posting on Internet websites, bulletin boards, blogs, or discussion groups, and submissions to any publication. Due to the difficulty of ascertaining the actual damages caused by any violation of this section, for each violation of this section, you shall pay Skydevelop liquidated damages in an amount not less than ten (10) times the fees you have paid to Skydevelop in your use of our Services, whether in the past, present, or future. You agree that this is a reasonable estimate of harm toSkydevelop .

Suspension & Termination

Skydevelop may, without notice, suspend or terminate any Services at any time for any reason, including but not limited to: (a) your breach or suspected breach of this Services Agreement or our Legal Terms; (b) your use or suspected use of the Services in any manner inconsistent with this Services Agreement or our Legal Terms; (c) your providing false, inaccurate, dated or unverifiable identification information, credit information, or other data in connection with your purchase or use of the Services; (d) your insolvency or bankruptcy; (e) your interference with Skydevelop's operations; or (f) if Skydevelop believes the action protects its interests or its customers’ interests.

Privacy

You authorize Skydevelop to make inquiries and to receive information about your credit history from others and to use that information in its decisions regarding provision of Services to you. Skydevelop may disclose your information and content to law enforcement authorities, its affiliates, successors, and assigns to comply with law or to protect its interests and the interests of our other Customers.

Quotations

For Services of a custom nature, you must provide Skydevelop with a request including written specifications (i.e. Word docs, JPEGs, PDFs, etc. of what you want done, collectively, “Specifications”) for the work to be completed. You will send your request and Specifications to Skydevelop using our Websites’ functionality and by email. Skydevelop will review your request and Specifications and will provide a written quotation (“Quotation”) in the form of an email delivered to the email address you provided when you sent your request. We may also direct any questions we have about your request to this email address before providing a Quotation email. The Quotation email will include your name, the project name, the estimated price, the estimate delivery time, and any pre-payment amount required from you. To accept the Quotation, you must 1) reply to the Quotation email with your approval AND 2) make any necessary payment. Once both of these items are completed, the project will be considered accepted by Skydevelop and constitutes a binding contract subject to the terms of this Services Agreement and our other Legal Terms. Therefore, it is very important that you review all information that you send to Skydevelop as well as the Quotation itself before approving it, as all work will be created strictly according to the Sspecifications you provide to Skydevelop .

Change Orders

Once you have accepted a Quotation for Services, any modifications to the Specifications that were the subject of the corresponding Quotation are considered a change order (“Change Order”), which may subject you to additional fees or completion deadlines, at the sole discretion of Skydevelop . Skydevelop will provide you with a written estimate for any Change Order that will be delivered to you in the form of an email delivered to the email address you provided when you sent your Change Order request. We may also direct any questions we have about your Change Order request to this email address before providing a Change Order email. The Change Order email will include your name, the project name, the estimated changes in price, the estimated changes in delivery time to your project, and any pre-payment amount required from you. To accept a Change Order, you must 1) reply to the Change Order email with your approval AND 2) make any necessary payment. Once both of these items are completed, the Change Order will be considered accepted by Skydevelop and constitutes a binding contract subject to the terms of this Services Agreement and our other Legal Terms. Therefore, it is very important that you review all information that you send to Skydevelop as well as the Change Order itself before approving it, as all work will be created strictly according to the Specifications you provide to Skydevelop .

Payment Obligations

By ordering our Services, you must provide us with valid identification and complete payment source information. We currently accept payments by bank wire transfer or PayPal. You agree to pay the fees and charges specified on a Quotation or Change Order you accept according to the payment terms specified within the Quotation or Change Order, including all applicable taxes that Skydevelop must charge for rendering the Services. You authorize Skydevelop to automatically charge and collect such amounts from the payment source you have identified to Skydevelop for such payments. If you want to designate a different payment source or if there is a change in your payment source information, you must give Skydevelop the correct updated account information. It is your sole responsibility to keep all payment source information functional (i.e. adequate funds) and to provide correct billing information to Skydevelop . If Skydevelop does not obtain payment in full by the date specified on your bill, Skydevelop shall have the right to charge you late payment and collection charges, including but not limited to payments to collection agencies, up to the highest rate permissible by law. Following termination of the Services, except as provided in the Cancellation Policy below, you will remain liable for all amounts due on your account up to and including the monthly period in which the Services terminate, regardless of the circumstances and reason for such termination.

Cancellation Policy

If you determine that you do not wish to use the Services, then you are permitted to cancel by calling the Skydevelop billing department or by sending written notice to Skydevelop specifying the Services you want to cancel. However, you understand that you are liable to pay for all Services rendered up to and including the date that Skydevelop receives your notice of cancellation.

Disclaimer of Warranties

The Services are provided to you on an “as is” and “as available” basis without any representation or warranty, express or implied. Skydevelop does not authorize anyone to make warranties or guaranties on its behalf. Skydevelop does not warrant, represent, guarantee, or otherwise promise that the Services will meet your requirements, provide uninterrupted use, or operate as required without delay or without error. You expressly agree that your use of the Services is at your sole risk. All representations and warranties of any kind, express or implied, including but not limited to any warranties of performance, title, non-infringement, fitness for a particular purpose or merchantability, are hereby disclaimed and excluded unless otherwise prohibited or restricted by law.

Intellectual Property Rights in Products

You agree to the following with regards to intellectual property rights (i.e. copyrights, patents, trademarks, etc.) in any software product (“Product”) that Skydevelop develops or provides to you:



Copyright © 2012 Skydevelop Ltd. – OÜ SKYDEVELOP, Tallinn, Estonia, reg. num. 12124121