Terms of Service

PLEASE READ THESE TERMS OF SERVICE PRIOR TO USING OUR SERVICES CAREFULLY FOR THEY ARE LEGALLY BINDING. If you have any questions about these terms, please contact us.

 

1. Definition of terms in this policy

 

 

2. Formation of Contract

 

These Terms of Service (the “Agreement”) set forth the terms and conditions of your use of Workadu’s services. This Agreement is part of a legally binding contract between you and us. For the purposes of this Agreement “you” and “your” refer to you as the user of our services, or any agent, employee, servant or person authorised to act on your behalf. “We”, “us” and “our” refer to XITE Ltd, as well as its subsidiaries and sister companies (“Workadu”). These TOS explain our obligations to you, and also explain your obligations to us for the various services or products offered by Workadu (“services”). When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional services or to cancel your services (even if we were not notified of such authorisation), you signify your Agreement to the terms and conditions contained in this Agreement.

 

3. Consideration

 

By registering with Workadu you accept this Agreement and further agree to provide immediate consideration (payment) following the submission of your personal information, unless expressly indicated otherwise, with the intention of entering a legally binding contract. The fee charged for each Package is clearly marked either above or below its corresponding name on our Pricing page. Should you have any doubt about choosing a plan please click here to open the Pricing page in a new tab/window before you continue. By accepting this Agreement you acknowledge your informed decision to provide us with immediate consideration with the view of entering into a legally binding contract with us. Unless otherwise stated either on the Pricing page or in this Agreement, failure to provide immediate consideration after your registration with us will deem this Agreement null and void solely for the purposes of this particular transaction, and not for any other transaction you may have or might have had with us during any other moment in time.

 

4. Trial Periods

 

From time to time we might offer clients trial periods, which give you 30 days in which to test our services and provide payment. Trial periods work in conjunction with our plans and are not standalone Packages. By registering for a trial period you agree that your intent to enter into a legally binding contract remains valid throughout the 30-day margin. Although no contract between you and XITE will be formed unless we receive payment from you by the 30th day of your trial, this Agreement will still be valid during that period with an addition of 10 days, beginning on the first day after the expiration of your trial. During these 10 days you will be able to access but your will NOT be able to use our services, and your website with us will go offline.

You agree that in order to keep your account with us and reinstate your use of our services within these 10 days or at any moment up to the date of your registration, you will provide us with your payment details and ensure the successful payment corresponding to your chosen Package.

 

5. Modification of Services

 

You agree that Workadu may modify the services it offers to you from time to time. You agree to be bound by any changes Workadu may reasonably make, when such changes are made. Should there be any major changes in our services that directly affect your business we will inform you by email as soon as possible. It is your responsibility to ensure the proper reception of any communication sent by Workadu to the email address you have provided us with.

 

6. Term of Agreement

 

If you have purchased services from Workadu, the terms and conditions of this Agreement shall continue in full force and effect as long as you take advantage of and use the services. By continuing to use our services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes.

 

7. Accurate Information

 

You agree to maintain accurate information by providing updates to Workadu, as needed, while you are using the services. If you provide any information that is inaccurate, not current, false, misleading or incomplete, or if Workadu has reasonable grounds to suspect that your information is inaccurate, not current, false, misleading or incomplete, Workadu has the absolute right, in its sole discretion, to terminate its services and close your account.

 

8. Accepted Use Policy / Terms & Conditions

 

Workadu’s Accepted Use Policy (“AUP”) and Terms & Conditions, that are incorporated herein by reference, are applicable to all services provided to you by us and our affiliates on our behalf. By using our services you agree to maintain your website in full compliance with the terms and conditions set in both our AUP and Terms & Conditions.

 

9. Ownership & Copyright

 

Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the services identified herein (“IP rights”) are owned by XITE or its licensors, and you agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to you, and that you do not obtain any rights, express or implied, in the services, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by Workadu and all right, title and interest in and to each such Derivative Work shall automatically vest in Workadu. Workadu shall have no obligation to grant you any right in any such Derivative Work.

 

10. Third-Party Content & Marketplaces

 

If you elect to sell or resell our services and/or web space provided by us to you to a third party then you will be responsible for the content and actions of that third party. Workadu has the absolute right to reject any third party content that is illegal, offensive or otherwise in breach of the Workadu’s policies. Such content may result in the suspension or in the immediate termination of your account. You are responsible for monitoring all service renewals and orders. In the event that an error occurs the account holder must notify Workadu immediately of the error. In no event shall Workadu be liable to the account holder for any damages resulting from or related to any action or failure to act by a third party. XITE does not intend to or purport to confer any benefit to third parties, either directly or indirectly; you are solely liable for any benefit or loss suffered by a third party. This Agreement does not provide and shall not be construed to provide any third parties, with any remedy, claim, cause of action or privilege.

 

11. Customer Support

 

Workadu provides customer support to you at no additional fee for issues related to Workadu service only. Workadu has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by you for providing non-service related support are non-refundable.

 

12. Your Personal Details

 

You warrant that the contact information that you provide to us on establishment of your account is correct, and that you accept responsibility for keeping this information up to date at all times. You agree that we may suspend or cancel your account if we reasonably believe that the information you have supplied is purposely inaccurate.

 

13. Disclaimer

 

[1] XITE shall not be liable for any loss or damage of whatsoever nature suffered by you arising out of or in connection with any breach of this Agreement by you or any act, misrepresentation, error or omission made by you or on your behalf.

[2] XITE will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by you or for any wasted management time or failure to make anticipated savings or liability you incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.

[3] No matter how many claims are made and whatever the basis of such claims, XITE’ maximum aggregate liability to you under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by you for the Services in relation to which your claim arises during the 12 month period prior to such claim.

 

14. Survival

 

The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable notwithstanding termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.

 

15. Notices

 

You agree that any notice or communications required or permitted to be delivered under this Agreement by XITE to you shall be deemed to have been given if delivered by e-mail, in accordance with the contact information you have provided.

 

16. Governing Law

 

Your rights and obligations and all contemplated by this Agreement and the Contract it forms part of shall be governed by English law and you submit to the exclusive jurisdiction of the English Courts.

 

17. Entire Agreement

 

This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to herein. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.

 

18. Legal Fees

 

If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.

 

19. Further Assurances

 

The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.

20. Relationship of the Parties

 

Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.

 

21. Joint and Several Obligations

 

If any party consists of more than one entity, their obligations hereunder are joint and several.

 

22. No Third Party Beneficiaries

 

This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.

 

23. Severability

 

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. XITE will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of XITE as reflected in the original provision.

 

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