Unlimitech Cloud LLC
Terms of Service (“Terms”)
Our Terms of Service were last updated on 2023-05-29.
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms of Service:
- “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- “Account” means a unique account created for You to access our Service or parts of our Service.
- “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Unlimitech Cloud LLC.
- “Country” refers to the United States.
- “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content, through the use of Our Services.
- “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- “Service” refers to the services offered by the Company as described below in this document.
- “Terms of Service” (also referred as “Terms“) mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service. This Terms of Service Agreement was generated by TermsFeed Terms of Service Generator.
- “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- “Third-party Service Provider” means any third party company, entity or organization that provides services that the Company uses as a foundation to provide its Services.
- “Website” refers to the Company’s official website, accessible from https://unlimitech.cloud or any website or application published in any of its subdomains.
- “You” (referred to as either “the Customer” in this Agreement) means the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.
We provide and resell cloud services from third party providers such as AWS, Google and any other relevant Third-party Service Provider. As part of our Services we also provide custom technological solutions backed by these third-party providers’ services and cloud infrastructure.
To support the adoption of these services we also offer and sell complimentary services such as Website design and development, custom software development, IT/Software consulting, technical support and any other related and/or supporting service.
Remote Teams is a service tailored by us to provide offshore technical staff to companies in need of software development or any of its related technical areas of expertise. This service is focused on the productivity of the team towards the Customer’s technological project.
These are the Terms of Service governing the use of these Services and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password (when applicable) that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Your Right to submit Content
Our Service allows You to submit Content. You are responsible for the Content that You submit to the Service, including its legality, reliability, and appropriateness.
You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it, and (ii) the submitting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not submit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company can also limit or revoke the use of the Service if it is found that You submit such objectionable Content.
Although regular backups of Content may be performed for certain Services, the Company does not guarantee there will be no loss or corruption of data. In most cases Content backups are charged to You explicitly, otherwise default backup policies will be clearly informed if they exist for each Service.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. The reliability of backups is directly the same as stated by our Third-party Service Providers.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to an usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service at your own discretion.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content submitted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been submitted in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email to firstname.lastname@example.org and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email to email@example.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Suspension and Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service (for self-provisioning services) or otherwise notify 30 calendar days in advance for administrated (or Company provisioned) services, understanding that you are still responsible for any outstanding invoices or charges generated as a result of Your use of the Services.
For infrastructure services the Account will be suspended if the outstanding invoices are not paid within the first 5 business days since the issuance of the invoice. This suspension initially covers all the resources belonging to the same group, such as AWS resources or Google resources, etc. If You still fail to pay Your outstanding invoices, then the Company may take additional actions to suspend other services at its own discretion in an effort to minimize losses arising from the lack of payment. These additional suspension actions are decided at the sole discretion of the Company and will be notified in writing at least 5 business days prior to the action taking effect. Suspension actions may also generate operational costs and these costs will be transferred to You, and the payment of such costs will be required prior to resuming the Service. However, Services that are paid beforehand in full for a specific period of time (such as a year) are not subject to suspension while the paid period has not yet expired.
The Company also reserves the right to suspend or terminate any other software development Service, such as custom software development or website development if You incur in no-payment of any of the outstanding invoices directly or indirectly related to the development activities. Suspension will be applied automatically at the sole discretion of the Company, with or without previous notice, if there are due balances pending for Your payment for more than 20 calendar days.
For bundled recurring technical support Services plans the Service will be unavailable to the Customer if the outstanding invoices are not paid within the first 5 business days since the issuance of the invoice. The recurring plan will be considered broken if the Customer fails to keep the continuity of payments by at least 20 calendar days since the expiration of the last invoice. In other words, continuity is considered broken if an outstanding invoice is not paid within the next 25 calendar days of the expiration of the last support period.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service for up to the last two months since the complaint has been filed.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
As a special case, custom Software Development Services such as websites or any software development of any kind are not guaranteed to be 100% error free, however it is ensured that the Company does and will do its best to provide the contracted functional requirements as error free as possible during the development process and up to the end of the warranty period for such activities.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Service specific clauses
Cloud Infrastructure Services
With cloud infrastructure Services we refer to servers, storage, database or any computational or cloud based service that we resell from Third-party providers such as AWS and Google or services tailored by us that are backed by these (or other) Third-party providers.
In our relationship with the Third-party Providers we are responsible for ensuring that all services consumed by You are paid off. We dedicate an administrative effort to ensure all cloud services are in good standing. These actions include, but are not limited to, making You aware of the outstanding balances, collections activities to make sure Your payment is received on time, issuing the payments to our providers and overall avoiding or reducing considerably the risks of losing Your services because of payment issues.
There are also technical efforts taken to make sure all Your services are functional and we make our best effort to detect when a service is down to restore the service as soon as possible. The activities on this include, but are not limited to, automatic and human assisted monitoring, inspection of a system execution to detect runtime errors, availability of technical support to receive any support request and to respond to infrastructure level issues, applying infrastructure patches when needed and more.
All these administrative and technical efforts constitute the foundation of our value added to these Services. This in addition to that using our Services You can trust we can provide You with all the technical expertise for Your Cloud Infrastructure needs.
We also ensure to maintain an active support affiliation with our Thrid-party providers that allows us to escalate issues on Your behalf, so You don’t have to deal with technical issues yourself. This also helps us to provide a first level of support to resolve issues faster.
All our cloud services come with an Ad-Hoc Support attached. Ad-Hoc means “created or done for a particular purpose as necessary”. This means that the support includes all the administrative and technical activities previously described without a time limitation.
The only we can offer this added value is with Cloud Services that are managed by us. Managed means that the services and clouds are directly under our control, not under the Customer’s control. For services managed by the customer we only can offer technical support Services.
For website development we offer a complete multi-skilled team rather than a single developer approach. This means that we provide a professional Web Designer, Web Developer, IT, Software Architect and Project Manager.
The design phase is done on a best effort approach. “Best efforts” means taking, in good faith, all reasonable steps to achieve the objective, carrying the process to its logical conclusion and leaving no stone unturned. This requires full involvement of the Customer in the process as “design” is a subjective matter. It is required that the Customer gives explicit validation and approval of the design and also to be specific when giving feedback and suggesting modifications. This means that a simple “I don’t like it” is not valid as a design rejection or as a suggestion of modification by itself. Such expressions need to be accompanied by the specification of what are the required modifications that need to be done to achieve an acceptable design.
Also if the Customer wants an unconventional design that may require additional resources to be included, such as, but no limited to, additional web development hours, more than 1 hour of a Software Architect involvement in the project, requirement of additional plugins, etc, it is important that the Customer sets these intentions during the project’s pricing phase, otherwise if they imply a surcharge it will be added to the project’s invoice.
A website is considered finished when only the contents, that are to be provided by the Customer, are the only remaining task pending. This is because providing the website contents is the responsibility of the Customer. In this way, the payment of any outstanding balance can not be held by the Customer with the argument that the site has not yet been completed because of the missing content, if the Customer has not provided such content in full previously.
As the Customer’s participation is vital for the success of a website project, the Customer commits with the Company to attend all the necessary meetings and to provide all the necessary information for the project development. The Customer is expected to respond to the Company within the next 3 business days of the requirement. If the Customer fails to keep his responsibility in regards to his role in the project, the project may be suspended until the Customer can comply. In any case, if the Customer fails in this matter for 15 calendar days, the project will be subject to rescheduling. In the event that the Customer fails in this responsibility for 30 days or more, the project may be subject also for a price adjustment, depending on the conditions for the moment of resuming the project. This is so we can provide a very competitive pricing to our customers without incurring in over costs.
With our technical support we offer a wide range of technical roles that can be consulted in order to solve any Customer’s requirement. The support we offer is based on “hours” and we offer the following support tiers:
- Tier 1: level of support for websites and simple infrastructure. This means that the support provided covers all activities related to websites (not including development or coding in programming languages. HTML and CSS are not considered programming languages). This is for example plugin configuration, website configuration, creation or modification of pages on websites, bug fixes, settings, etc. It also includes support for simple infrastructure such as web servers, database servers, CDNs, DNS zones, and the like that do not require specialized knowledge from a Cloud Architect or Cloud Developer. The minimum consumable support block is 30 minutes with increments of 30 minutes.
- Tier 2: Software development support level. This level of support includes any activity that requires the intervention of a Software Developer. This can be, for example, the requirement to solve a problem or implementation on a website that requires programming or the support of software / cloud applications in which the participation of a software developer is needed but not a Cloud Architect or a Cloud Developer. The minimum consumable support block is 1 hour with increments of 30 minutes.
- Tier 3: specialized support level. This level includes technical and development activities that require specialized and/or highly qualified personnel. This includes activities that require profiles such as a Cloud Architect, Cloud Developer, Software Architect, among others. The minimum consumable support block is 1 hour with increments of 30 minutes.
The technical support comes often as recurring bundled hours, which means the Customer commits to a monthly recurring minimal plan of hours. The bundle is priced with a discount that can only be kept if the Customer achieves continuity on the plan. If the Customer breaks the continuity then the next period will be priced at a flat rate.
The SLA of a bundled recurring plan is of 1 business day for urgent (system down or impaired) issues. All other issues are serviced at a normal up to 3 business days. The SLA is defined as time to first response, which doesn’t mean that we can or will ship a solution within that time frame, but we may if possible. Otherwise the SLA is targeted to the action of assessing the issue and planning its solution. In some cases the solution may take a specific amount of time, which will be informed after the assessment of each specific case.
On-demand service hours can be purchased when needed but they are priced with a flat rate for a standard SLA of 3 business days, and surcharged if a 1 business day SLA is required.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company and commit to a reasonable time of 30 calendar days to achieve an agreement that can solve the dispute.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms of Service
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms of Service, You can contact us:
- By visiting this page on our website: https://unlimitech.cloud/terms-of-service
- By sending us an email: firstname.lastname@example.org