ASAP Change Terms of Service
1. Your relationship with ASAP Change
1.1 Your use of ASAP Change’s services and web site (referred to collectively as the Services in this document and excluding any services provided to you by ASAP Change under a separate written agreement) is subject to the terms of a legal agreement between you and ASAP Change. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with ASAP Change, your agreement with ASAP Change will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the Universal Terms.
1.3 Your agreement with ASAP Change will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and ASAP Change in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by using our Services. You understand and agree that ASAP Change will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with ASAP Change, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where ASAP Change has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with ASAP Change.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by ASAP Change and refund policy
4.1 All services provided by us are to be paid for up front. We use 2CO as our secure and independent payment provider.
4.2 The Service is non-refundable. No refund for unused service will be provided. In order to treat everyone equally, no exceptions will be made.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service. You agree that any registration information you give to ASAP Change will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 Unless you have been specifically permitted to do so in a separate agreement with ASAP Change, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.4 By using ASAP Change you agree that we will add snippets of code to the HTML of any websites you aare giving us credentials for. We do this to enable you to change text on your website using our service.. In addition, you understand that ASAP Change enables the editing of any content by any user you allow access to and will not hold us responsible for any changes the user makes to websites added to the system. You agree that you are solely responsible for it.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible for all activities that occur under your account.
6.3 If you want to change your password or/and username, you will be asked for all details you gave us when starting the service, and for your old username and password.
7. Privacy and your personal information
7.2 You agree to the use of your data in accordance with ASAP Change’s privacy policies.
8. Content in the Services
8.1 You agree that you are solely responsible for (and that ASAP Change has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that ASAP Change (or ASAP Change’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by ASAP Change and that you shall not disclose such information without ASAP Change’s prior written consent.
9.2 Unless you have agreed otherwise in writing with ASAP Change, nothing in the Terms gives you a right to use any of ASAP Change’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.4 Unless you have been expressly authorized to do so in writing by ASAP Change, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. ASAP Change updates
10.1 The Service which you use will not automatically download and/or install updates from ASAP Change. When we make update for our service we will publish that on our website and you will need to contact us if you want that installed, by conditions that will be explained on ASAP Change website in that time.
10.2 We are not in obligation to notice you about updates we make to our service.
11. Ending your relationship with ASAP Change
11.1 If you want to terminate your legal agreement with ASAP Change, you may do so by deleting our files from server you use for your website and changing HTML code on your website back to as it was before.
11.2 You have no obligation to notify us about stopping using our services on your website.
12. EXCLUSION OF WARRANTIES
WE DO NOT WARRANT THAT SIMPLE CMS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. SIMPLE CMS IS PROVIDED ON AN “AS-IS, AS-AVAILABLE” BASIS. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ARE SOLEY REPONSIBLE FOR YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Other content
13.1 The Services may include hyperlinks to other web sites or content or resources. ASAP Change may have no control over any web sites or resources which are provided by companies or persons other than ASAP Change.
13.2 You acknowledge and agree that ASAP Change is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
14. Changes to the Terms
14.1 ASAP Change may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, ASAP Change will make a new copy of the Terms available at our website.
14.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, ASAP Change will treat your use as acceptance of the updated Universal Terms or Additional Terms.
September, 21. 2013.