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Unlimitech Cloud LLC – General Terms and Conditions

 

1. Introduction

Welcome to Unlimitech Cloud LLC. These terms and conditions outline the rules and regulations for the use of our services. By engaging with our services, you accept these terms in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our services.

 

2. Acceptance of Terms

By accessing and using our services, you accept and agree to be bound by the terms and provisions of this agreement. Additionally, when using these services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in these services will constitute acceptance of this agreement.

 

3. Eligibility

Our services are intended for use by adult individuals and companies from anywhere in the world. By using our services, you represent and warrant that you meet this age requirement if you are an individual, or that you are an authorized representative if you are a company.

 

4. Account Responsibilities

Clients are responsible for maintaining the confidentiality of their account credentials and for restricting access to their account. Clients agree to accept responsibility for all activities that occur under their account, including any services, contracts, and payments resulting from the business relationship. This responsibility extends to any decisions made by their employees or representatives. Clients must ensure that all information stored in their account is accurate and up-to-date.

 

5. Use of the Service

Clients must use our services only for lawful purposes and in accordance with these terms. Prohibited activities include, but are not limited to, violating any applicable laws or regulations, engaging in fraudulent or deceptive practices, and infringing on the rights of others. Clients are also prohibited from using our services to transmit any harmful or malicious code, disrupt the integrity or performance of our services, or attempt to disrupt the delivery of services to other customers. Additionally, our company does not support activities related to pornography, nudity, illegal drugs, legalized drugs such as marijuana and others, or psychiatric drugs. If the client intends to use our services for any of these prohibited purposes, they must abstain from using our services.

 

6. Intellectual Property

All content, including but not limited to software, images, text, and design, provided by Unlimitech Cloud LLC is owned by or licensed to us. Clients are granted a limited, non-exclusive, non-transferable license to use the content and services for their intended purposes. Any unauthorized use of the content may violate copyright, trademark, and other laws.

For custom software developed exclusively for the client, the intellectual property rights will be transferred to the client only upon full payment of all corresponding costs and fees, as specified in the agreements.

Unlimitech Cloud LLC may include proprietary software as part of the solutions developed for the client. This proprietary software is licensed exclusively for use within the specific software module developed for the client. Clients are prohibited from using our proprietary software for new developments or modules different from the one it was included for. Additionally, we do not offer any warranty on any part of the proprietary software that is not directly used in the developed software module.

Additionally, we may provide third-party software licensed to us as part of the solution. We may grant authorization for the use of our licenses strictly for the purposes they were intended for. Clients are prohibited from using our third-party licenses in any other software or module different from the one authorized. All third-party software is provided “as-is,” and Unlimitech Cloud LLC is not liable for any issues or damages arising from its use. Despite our responsible selection of third-party software based on our cost-performance-security assessment, clients must not reproduce, duplicate, copy, sell, or resell any part of our services without our express written permission.

 

7. Privacy Policy

We are committed to protecting your privacy. Our privacy policy, which sets out how we will use your information, can be found at [insert privacy policy URL]. By using our services, you consent to the processing described therein and warrant that all data provided by you is accurate.

 

8. Fees and Payment Terms

Clients agree to pay all fees and charges specified in the project proposal or contract. Payments are due according to the schedule specified in the proposal or contract. Late payments may incur additional charges as outlined in the agreement. Invoices will be issued at the intervals specified in the project proposal or contract, and payments must be made within the timeframe stated on the invoice.

Our main payment method is Stripe, which may include the ability to pay with credit or debit cards. For payments higher than 1000 USD, the authorized payment methods are ACH or international transfer. Other payment methods for these higher values can be enabled upon request.

All payments should be made in USD, the official currency, and via the agreed payment method. Clients are responsible for any applicable taxes or fees resulting from the use of our services. No service will be delivered before payment is received in full. Payment is considered received when the funds are in our account, not when they are in transit (e.g., via ACH).

For longer projects that may be divided into phases, each phase must be paid for in advance as agreed upon in the contract. If the client does not pay the next installment as scheduled, no further services will be delivered. Continuing to deliver services without receiving the corresponding payment is considered free service, which is strictly prohibited.

By submitting a payment method to Stripe, clients authorize Unlimitech Cloud LLC to charge any amount due to any of these payment methods without the need for prior notice, in accordance with the terms of the original contract or proposal.

If a client fails to make a payment when due, Unlimitech Cloud LLC reserves the right to suspend or terminate the services until full payment is received. Additional charges may apply for the suspension and reinstatement of services, such as web servers or Google Workspace accounts, to cover the costs associated with these actions.

 

9. Termination

Both parties have the right to terminate the agreement for any reason with a 30-day written notice. Upon termination, clients must pay for all services rendered up to the termination date. Unlimitech Cloud LLC reserves the right to terminate the agreement immediately for breach of these terms and conditions.

If the agreement is terminated by the client, any prepaid fees for services not yet rendered will be forfeited. If the agreement is terminated by Unlimitech Cloud LLC for a breach of these terms and conditions, the client will be liable for any costs incurred up to the date of termination and any additional costs resulting from the breach.

In the event of termination:

  • All licenses granted to the client for third-party software provided by Unlimitech Cloud LLC will terminate, and the client must cease all use of such provided licenses.
  • The intellectual property rights for the software developed exclusively for the client will be transferred to the client only if all remaining fees and costs have been paid in full.
  • Unlimitech Cloud LLC will not provide authorization for the continued use of third-party software licenses owned by Unlimitech Cloud LLC.
  • The client will retain the license to use proprietary software included as part of the developed solution, as previously stated in the Intellectual Property section, provided that all fees have been paid.
  • Any third-party software licenses purchased directly by the client remain the property of the client.

 

10. Disclaimers and Limitation of Liability

Our services, including software development and infrastructure services, are provided “as is” without any warranties, express or implied. Unlimitech Cloud LLC makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise, regarding the services provided, including any warranty that the services will be uninterrupted, error-free, or free of harmful components.

Unlimitech Cloud LLC commits to making the best effort to meet project objectives and develop software according to the original scope. We provide a warranty for bugs within a specified warranty period as outlined in the project proposal or contract. However, we are not liable for project delays due to technical difficulties or emergent complexities in the implementation. These challenges are part of the inherent nature of software development, which is a probabilistic activity based on estimations rather than fixed times and goals.

Clients understand that the original scope of a project may need to change and be re-negotiated based on unforeseen complexities and difficulties that arise during the development process. Such changes do not constitute grounds for complaints about the service or for initiating a refund request.

To the fullest extent permitted by law, Unlimitech Cloud LLC disclaims all warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Unlimitech Cloud LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third party; or (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services.

In no event shall Unlimitech Cloud LLC’s aggregate liability for all claims related to ongoing projects that are subject of the complaint exceed the total amount of fees received by Unlimitech Cloud LLC from the client for the use of paid services during the past six months. This limitation does not include projects that have already been delivered or are within the warranty period. This limitation only applies to ongoing services and does not include subscription services, except for the current subscription month. All previous subscription months are considered delivered services and are not included in this limitation.

 

11. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Florida for the resolution of any disputes arising out of or relating to these terms and conditions or your use of our services.

 

12. Dispute Resolution

Any disputes arising out of or in connection with these terms and conditions shall be resolved through good faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, the parties agree to submit the dispute to mediation before a mutually agreed mediator. If mediation fails to resolve the dispute, the parties agree to submit the dispute to binding arbitration conducted in accordance with the rules of the American Arbitration Association (AAA). The arbitration will be held in Florida, and the arbitrator’s decision will be final and binding.

Each party will bear its own costs and expenses in connection with the arbitration, and the parties will equally share the fees and expenses of the arbitrator. There will be no reimbursement of legal fees to any of the parties, regardless of the outcome of the arbitration.

 

13. Changes to Terms

We reserve the right to revise and amend these terms and conditions from time to time. Any changes will be posted on our website, and your continued use of our services following the posting of any changes constitutes acceptance of those changes. It is your responsibility to check the terms and conditions periodically for updates.

 

14. Contact Information

If you have any questions about these terms and conditions, please contact us at:

Unlimitech Cloud LLC
8813 Fox Dr.
Polk City, FL 33868
Email: contact@unlimitech.cloud
Phone: +1 727 307 4342

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