Last updated August 28th, 2012
Terms
You, (the “Company”, “you”, or “your”) acknowledge and agree when use our services and abide by the following terms and conditions (“Terms of Use”) concerning your use of the Xillent Service (“Xillent Service”). If there is any part of the Terms of Use you do not understand or wish to clarify, please contact our Customer Service Center.
It is a condition of consumer that you agree to these Terms of Use, which form a legally binding contract between the parties once you become a Client. Xillent (“Xillent” or “we” and collectively with Company, the “Parties”) may find it necessary to change the Terms of Use from time to time and will notify you of any changes by posting notice of the changes on our Website with a link to the amended Terms of Use. Any material changes which may affect the Company’s use of the Xillent Service will be disclosed to you in writing via email. If the changes (including changes to the Privacy Policy or Refund Policy) materially affect your use of the Xillent Service, you may terminate these Terms of Use upon written notice to Xillent within thirty (30) days of receipt of such changes. You may review the current Terms of Use prior to initiating any transaction at any time by clicking on the “Terms of Use” page. The Terms of Use will show the most recent revision date. No revision will affect any transaction that is outstanding as of the date of such revision. Use by you of the Xillent Service indicates your agreement to these Terms of Use. We encourage you to print a copy of the Terms of Use for your future reference.
Refund Policy
Using our online Xillent Xpress service you agreed by this term in this clause. After the first designs are delivered to you, you will have 7 days to review it or request for a refund. Within the 7 days if you request for any additional design work then you have forfeit your refund rights and agreed to continue with the service. We do not tolerate abuse of services and have the right to discontinue our services.
The deposit paid to Xillent Web Development covers the cost of design work carried out. It is not possible to refund a deposit after thirty (30) days or once Xillent Web Development has sent the first design to the Client. Xillent Web Development reserve the right to decide whether a refund is applicable if requested by the Client for any reason. A refund is not guaranteed by Xillent Web Development, but possible providing Xillent Web Development decides upon this option. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of our contract on your part, you will not be eligible for a refund. Phone requests will not constitute acceptance of any cancellation.
To become a Client, you must complete the Xillent Xpress checkout or had used one of our services in the past. A Client must maintain an active address, phone number and email address to become and remain a Client. You will not provide any false, inaccurate, incomplete or misleading information. You will not provide any name, bank account or credit card that you are not legally authorized to use. You may not permit any other entity or person outside of the Company to use your Account with us. You will promptly update your Account contact information on the Website if your name, address, email address, phone number change. You will not be able to use the Xillent Service until you have satisfactorily passed all of our necessary identity and security validation and verification checks. We will notify you of any identity or security issues that delay your use of the Xillent Service so as to allow you to resolve such issues, if possible.
You acknowledge that certain services of Xillent will require different types and levels of identity and security validation and verification checks, including use of third party validation and verification systems, and you agree to allow Xillent to apply its reasonable discretion in using and sharing relevant personal data to conduct such identity and security validation and verification checks if you choose such options.
Xillent reserves the right to change/add fees and pricing from time to time. Updates will be indicated on the price page or prior to your completion of a transaction
You are prohibited from engaging in any of the following:
a. using the Xillent Service for any purpose contrary to local, state, or federal laws, statutes or regulations applicable to you, including without limitation, those concerning fraud, criminal activity, financial services or consumer protection;
b. harassing or engaging in obscene, rude or abusive behaviour against us or any of our representatives; and
c. tampering, hacking, modifying, damaging, interfering with or otherwise corrupting the security or functionality of the Xillent Service, or attempting to do any of the foregoing.
It is your responsibility to keep your Account identification, secure identification, password, security questions and answers and other information specific to your Account confidential and in a safe and secure place. This includes ensuring the ongoing security of your log-in details on your Company device for accessing the Internet. Should another person or entity outside of the Company gain access to your Account by passing all identification and security validation and verification checks, we may at our discretion treat any transaction conducted by that person or entity as valid and are not responsible under any circumstances for any loss or damage you may incur as a result.
You are fully responsible for any goods or services bought by you that are settled through your use of the Xillent Service. Any dispute with a Merchant or a 3rd party regarding any product or service bought by you through the Xillent Service is between you and the Merchant or the 3rd party and you agree that Xillent shall not be a party to such dispute. Xillent does not provide any warranties, representations, conditions or guarantees with respect to such goods and services.
Our Privacy Policy forms part of these Terms of Use and we would ask you to review the policy referred to our Privacy link hereof prior to agreeing to these Terms of Use. Any person who enters the correct account and security information relating to the Account and who otherwise passes our identity and security validation and verification checks will be able to access your Account. Therefore, in order to safeguard the privacy of your Account and Company information, you should not divulge your password or other security information to anyone else outside of the Company. You are solely responsible for safeguarding your password and other security information. You may not use anyone else’s password or security information to gain access to another Account.
You acknowledge and accept that: (i) when speaking to customer service agents at Xillent, your call may be monitored and/or recorded for quality assurance, training and security and fraud protection purposes; and (ii) for fraud and security purposes your records are kept by Xillent even after your Account is closed; and (iii) for identity validation and verification purposes, the following information may be provided to Merchants and other Registered Members to or from whom you transfer funds: name, Account number, jurisdiction, country of residence, postal code, Email address, and/or IP address.
At our reasonable discretion, we may suspend or limit access to your Account at any time and for any reason, including but not limited to the following:
breach of any of these Terms of Use;
a. if we have reasonable grounds to believe that your Account has been used in connection with unauthorized or unusual credit card or bank account use, including without limitation, notice of same by your bank or credit card issuer;
b. refusal to cooperate in an investigation or to provide adequate identity or security information or documentary evidence for verification when requested;
c. we believe your Account has been used or allegedly used in or to facilitate any financial-crime activity;
d. we believe that your Account, whether active or dormant, or your conduct, poses a security, credit, fraud, business, or reputational risk to us; and
e. to comply with terrorist financing investigations or prohibitions issued by government authorities, agencies or commissions.
If we suspend or limit access to your account we will notify you within twelve (12) hours of such suspension as to allow you to remedy any issues, if possible, that caused the suspension or limitation. The parties shall then take all reasonable measures to resolve any issues that lead to the suspension or limitation of access of Company to the Account. If we reasonably conclude that the Account must be permanently closed, we will notify you either by phone or email according to the most recent phone number or email address that you have provided us and shall refund a prorated share of any unused Fees you provided hereunder.
Information offered on Xillent, hereby referred to as the “Site”, is provided “as is” without any express or implied warranty of any kind, including warranties of merchantability , fitness for a particular purpose, or non-infringement. Except for Xillent’s gross negligence or willful misconduct, or other representations made in this Agreement, in no event will Xillent or any of its affiliates, holding companies, subsidiaries, agents and subcontractors be liable to Company for any damages of any kind, including but not limited to direct, indirect, special or consequential damages regarding any use of this Site , including, without limitation, lost profits, loss of use, business interruption, loss of programs or other data, whether in an action based on contract, negligence or other tortious action, even if Xillent is expressly advised of the possibility of such damages. Xillent makes no representation of the intentions of any of its current, past, or future Clients. Xillent makes no express representation, either written or otherwise, that a Xillent client will not commit fraudulent activities while using the Site.
Some jurisdictions do not allow the exclusion or limitation of warranties or damages in certain types of agreements, so the above exclusions or limitations may not apply to you. Except as set forth in this Agreement, in no event will Xillent warrant or guarantee the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability or fitness for any particular use or purpose of any information or any products or services featured on this Site.
Xillent reserves the right to validate and verify any of the information you provide with third parties at any time so long as such information is reasonably related to Xillent’s providing of its Services on your behalf.
We assume that prior to paying for the services, you have determined that using our services does not violate any law or regulations in your country of residence and jurisdiction. You warrant that you are not violating any laws or regulations by your use of the Xillent Service and you agree to indemnify Xillent, its affiliates, holding companies, subsidiaries, agents and subcontractors, from and against any and all liability that might arise from your use of the Xillent Service in violation of any law or regulation. Xillent warrants that it does not violate any law or regulations in its country of incorporation and jurisdiction. It further warrants that it is not violating any laws or regulations by its providing of the Xillent.com Service nor is it violating any other party’s intellectual property or other ownership rights by providing its Services. Xillent agrees to indemnify the Company, its affiliates, holding companies, subsidiaries, agents and subcontractors, from and against any and all liability arising from its providing of the Xillent Services.
WE MAKE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS TO YOU WITH RESPECT TO THE XILLENT SERVICE EXCEPT AS SET OUT IN THESE TERMS OF USE, AND ALL IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE,OR OF MERCHANTABLE QUALITY, OR OF COMPLIANCE WITH ANY DESCRIPTION, ARE HEREBY EXPRESSLY DISCLAIMED.
Neither Xillent nor any of its affiliates, holding companies, subsidiaries, agents or subcontractors shall be responsible for any claim, loss or damage suffered or incurred by you or any third party unless it has been caused as a direct result of our negligence or willful misconduct; provided that under no circumstances shall Xillent, its affiliates, holding companies, subsidiaries, agents or subcontractors be liable for any claim, loss or damage caused or alleged to be caused by any of the following:
a. errors made by you or any Merchant or other clients in sending or receiving transfers or withdrawals, such as making a transfer to an unintended person or transferring an incorrect amount;
b. use of your Account by another person who passes all identity and security validation and verification checks;
c. failure by you to use up to date virus scanning software and firewall protection on the computer or other device you use to access the Internet;
d. any fraud or misrepresentation made by a client, even if the client passes all identity and security validation and verification checks;
d. errors or omissions in our Website content;
e. misuse or inability to use our Website, whether due to reasons within our control or not;
f. delays, losses, errors or omissions caused by the failure, interruption, infiltration or corruption of any hardware, software or other telecommunications or data transmission system;
g. interception or seizure compelled by law; and
h. circumstances beyond our reasonable control.
IN NO EVENT SHALL XILLENT OR COMPANY, ITS AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, AGENTS OR SUBCONTRACTORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER BASED ON NEGLIGENCE, WILFUL MISCONDUCT, TORT, CONTRACT (INCLUDING WITHOUT LIMITATION FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM) OR ANY OTHER THEORY OF LAW, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALIZE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY ECONOMIC OR PECUNIARY LOSS.
We disclaim any and all liability for any goods or services bought or sold by you that are settled through your use of the Xillent Service.
You agree to indemnify Xillent, its affiliates, holding companies, subsidiaries, agents and subcontractors from and against any and all claims brought by third parties against Xillent, its affiliates, holding companies, subsidiaries, agents or subcontractors relating to your use of the Xillent Service in respect of all claims, losses, damages, expenses and liabilities whatsoever suffered or incurred by Xillent, its affiliates, holding companies, subsidiaries, agents or subcontractors as a result of your breach of these Terms of Use.
Xillent confirms that Xillent Inc retains all right, title, and interest in and to all trademarks, trade names, logos, website designs, text, content and graphics, and other intellectual property rights used by Xillent in relation to the Xillent Services and any use, reproduction, modification, or distribution by you of such trademarks, trade names, logos, website designs, text, content, graphics or other intellectual property rights, is prohibited.
You agree to waive any right you may have to commence or participate in any class action suit or proceeding against Xillent, its affiliates, holding companies, subsidiaries, agents and subcontractors arising out of or relating to any dispute, claim or error and you also agree to opt out of any class proceedings against us.
We encourage you to inspect your Account history online and to print a copy of all transaction data for future reference. If your Account history shows transactions/email responses that you did not make or authorize, you must notify us immediately upon identification or suspicion.
Xillent may engage the services of one or more affiliates, holding companies, subsidiaries, agents or subcontractors in order to fulfill its obligations. Such affiliates, holding companies, subsidiaries, agents or subcontractors shall be held to the standards set forth in the Xillent Privacy Policy, and in no instance shall any affiliate, holding company, subsidiary, agent or contractor use less than a reasonable standard of care when in possession of any Company information.
We may send communications and notices to you at the email address or postal address you provided to us during the checkout process. Any and all communications and notices by either party under these Terms of Use by email shall be deemed given on the day the email is sent, unless the sending party receives an electronic indication that the email was not delivered; and if by mail, shall be deemed given 10 business days after the date of mailing.
These Terms of Use are subject to amendment, modification or deletion if required by, or found to be in conflict with, applicable law or regulation, without affecting the validity or enforceability of the remaining terms and conditions. These Terms of Use and policies referred to in link constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace any and all prior agreements. In the event of inconsistency between this version of the Terms of Use and the version on the Website, the Terms of Use will prevail.
Either party’s failure to exercise or enforce any right under these Terms of Use shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
The rights and remedies available to either party in these Terms of Use are cumulative and are in addition to any other right or remedy available to such party at law or in equity.
You may not transfer, assign, subcontract or delegate your rights, duties or obligations under these Terms of Use. Upon written notice, we reserve the right to assign all or any part of our rights, duties and obligations under this Agreement, including the assignment of contractual position, or novation, or any other form of substitution of Xillent by another party, which assignment or novation or other substitution you hereby irrevocably and unconditionally consent to. However, upon receipt of such notice of assignment, novation, or other form of substitution, Company shall have the right to immediately terminate this Agreement upon written notice to Xillent within thirty (30) days of receipt of notice.
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