Terms of Service

Updated: January 28, 2016

General Terms

These Terms of Service (“Agreement”) governs the use of the services (“Service” or “Services”) that are made available by My Tech Tailor, LLC (“My Tech Tailor”, “we”, “our”, or “us”). This Agreement represents the complete and entire agreement and understanding between My Tech Tailor and the individual or entity that purchases our Services, contracts for Services to be performed in the future, or uses our services. (“Client”, “User”, “Users”, or “you”).

IT IS YOUR RESPONSIBILITY TO READ THIS AGREEMENT CAREFULLY. This Agreement governs your purchase and use, in any manner, of all Services ordered by you and accepted by us, and describes the terms and conditions that apply to all Services offered by us. By your use of our Services and/or our Website (mytechtailor.com and all its subdomains, i.e. *.mytechtailor.com), you agree to comply with all of the applicable terms and conditions set out in this Agreement. We may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that we believe to be harmful to our business, or for conduct where the use of the Service is harmful to any other party.

We may, in our sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Users upon posting of the modified Agreement to this web address: http://mytechtailor.com/terms. You are responsible to read this document from time to time to ensure that your use of the Services remains in compliance with this Agreement.

Communication

A crucial part of any Service is your communication to us of precisely what is desired so that we can achieve the best possible result. All communications between us and you shall be by telephone, email, or postal mail, except where agreed at our discretion.

You agree that if at any time your contact information, including email address, is no longer the preferred method of communication, then it is your responsibility to contact us and provide updated contact information. WE WILL NOT BE RESPONSIBLE FOR DAMAGES ARISING FROM OUTDATED OR INCORRECT CONTACT INFORMATION.

To avoid emails from My Tech Tailor being caught by your spam filter, please add info@mytechtailor.com to your contact list and/or whitelist. WE WILL NOT BE RESPONSIBLE FOR INVOICES AND OTHER IMPORTANT COMMUNICATIONS BEING CAUGHT BY SPAM FILTERS.

Entire Agreement

The Terms and the policies, rules and guidelines posted here constitute the entire contract between us and you and supersede all previous written or oral contracts. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Heading titles in this Agreement are simply for informative purposes and should not be utilized when applying principles of interpretation.

Execution of Agreement

Your continued use of My Tech Tailor Services constitutes your acceptance of this Agreement as a legal contract and the equivalent of an electronic signature. Natural persons executing this contract warrant and represent that they are at least eighteen (18) years of age. Users and the person executing this Agreement on behalf of any User that is a proprietorship, corporation, partnership or other entity, represent that such User is duly authorized by all necessary and appropriate corporate or other action to execute this contract on behalf of the user.

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Use of This Website

By accessing this Website, you are agreeing to be bound by this Agreement, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. IT IS YOUR RESPONSIBILITY TO UNDERSTAND ANY APPLICABLE LAWS. If you do not agree with any part of this Agreement, you are prohibited from using or accessing this Website or any other My Tech Tailor Service. The materials contained in this Website are protected by applicable copyright and trademark law.

Permission is granted to temporarily download one copy of the materials (information or software) on My Tech Tailor's Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on our Website;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by My Tech Tailor at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer & Limitations

The materials on My Tech Tailor's Website are provided "as is.” My Tech Tailor makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, My Tech Tailor does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this site.

In no event shall My Tech Tailor or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on My Tech Tailor's Website, even if My Tech Tailor or a My Tech Tailor authorized representative has been notified orally or in writing of the possibility of such damage. These limitations apply in all jurisdictions where they are not prohibited by law.

The materials appearing on My Tech Tailor's Website could include technical, typographical, or photographic errors. My Tech Tailor does not warrant that any of the materials on its Website are accurate, complete, or current. My Tech Tailor may make changes to the materials contained on its Website at any time without notice. My Tech Tailor does not, however, make any commitment to update the materials.

My Tech Tailor has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by My Tech Tailor of the site. Use of any such linked Website is at the User's own risk.

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Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  1. We will collect and use your personal information solely with the objective of fulfilling the Services ordered by you.
  2. We will retain personal information as long as necessary for the fulfillment of those purposes.
  3. We will NEVER share your information to third-parties for the purposes of spam.
  4. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  5. Personal information should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. It is your responsibility to keep us updated if your personal information changes.
  6. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  7. We will make readily available to the Client information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

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Programming & Websites

My Tech Tailor offers programming services for various platforms, at our discretion, to satisfy needs described by you. Due to the varying nature of such projects, our rate for programming services is determined on a case-by-case basis. If we provide to you a cost estimate prior to the completion of the project, and circumstances which might cause the project cost to increase are found during the project, or you submit an alteration request during the project, then we may communicate additional costs to you, at which point you may choose to decline further work and pay a prorated amount of the original estimate. This prorated amount will be determined by My Tech Tailor and will be based on the amount of work which has been put forth by us prior to project termination.

We reserve the right to assign subcontractors in whole or as part of a project if needed, without notifying you.

Material

We reserve the right to refuse to handle:

  1. any media that is unlawful or inappropriate;
  2. any media that contains a virus or hostile program;
  3. any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming;
  4. any media that constitutes a criminal offence, or infringes privacy or copyright;
  5. any media that violates any part of this Agreement.

Website Development

You agree that a website developed to match a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of website code by Internet browser software. We agree to attempt to match the design as closely as is possible when developing the website.

If you request design or content alterations to pages that have already been completed, new pages, or different functionality other than that specified in the original project description, we reserve the right to charge separately for these alterations.

We will make every effort to ensure websites are designed to be viewed by the majority of potential Internet visitors. Our websites are designed to display and function correctly with the most recent version of the most popular browsers, Internet Explorer, Google Chrome, and Mozilla Firefox, unless you specify otherwise at our discretion. We cannot guarantee correct functionality with all browser software across all operating systems. Unless specified by you and agreed to by us as a part of the project description, we will only develop websites which function correctly with browsers that support Javascript, CSS3, and HTML5.

After completion of the website, any updated browser software versions, domain name set-up changes, or hosting set-up changes may affect the functionality and display of the website. As such, we reserve the right to charge for any work involved in changing the website design or code to correct any problems arising after project completion. You agree that more advanced applications on a website page may require a newer browser version or plug-in.

We endeavor to create websites that are accessible to search engines, however, we give no guarantee that the website will become listed with search engines.

Search Engine Optimization

Search engine optimization (“SEO”) services performed by My Tech Tailor are not guaranteed, but will be performed to the best of our knowledge and ability. The SEO services applied to your website by us are aimed at increasing visibility and boosting ranking on Google. It is not possible to give a 100% guarantee for any specific result on any search engine, nor can we quantify the level of increased traffic or sales, as a result of the SEO services. No guarantees are expressed or implied as to the rankings of your keywords because search engines change their ranking algorithms frequently and new sites and competitor sites are being created and optimised continually. It is possible for your website’s rankings to go backwards; if this were to happen, no liability will be on My Tech Tailor and no refunds or discounts given. SEO deliverables are to improve your website rankings on the keywords selected and/or close variations of these phrases. In some cases it may not be possible to improve rankings on certain keyword phrases and in this case we will select the closest relevant keyword phrases to optimise. The SEO process can take several months to show some significant effect.

Any SEO work that My Tech Tailor undertakes may be detrimentally affected if you have:

  1. employed the services of another SEO Company or any other related company to work on the website during the same period;
  2. employed the services of a search engine submission company during the same period;
  3. created any duplicate sites, duplicate content or pages, redirects or doorway pages;
  4. requested or exchanged links with link farms or undertaken any spamming techniques which may harm the website’s ranking with Google;
  5. attempted to use any other techniques, whether allowed by Google or not, to attempt to increase the SEO ranking of the site; or
  6. performed any other SEO or SEO related activity.

We will not be held responsible for reaching any agreed targets if you have attempted to complete any of the above listed tactics. To that effect we request that you inform us in writing if any of the above has been undertaken either currently or prior to appointing My Tech Tailor for SEO services.

Process & Completion

We will keep a copy of the project source files when the project is being worked on. Once the project is completed, we will create a copy of the project files on one ZIP file to be emailed to you, unless some other method of project handoff or launch is called for by the project type or description. In any case, upon handover of files from us to you, or upon the upload of the website project files to your live web address by us or you, you will assume entire responsibility of ensuring that all files are functioning correctly before use. You agree that it is your responsibility to have regular backups of the project files made in case of a software or hardware failure.

If a functional specification and/or a set of testing criteria is included within the project description, we are responsible for fulfilling that specification and/or testing criteria as the sole criteria for completion of the project. You agree to provide in good time any needed information and content required by us to complete the software as part of an agreed project. If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then you agree that we can apply a nearest available alternative solution.

After project completion, you, or a third-party of your choosing, may wish to edit the project software code to make changes or updates. You agree to assume full responsibility for any issues which occur as a result of changing the code. If you, or a third party of your choosing, edits the project code and this results in functionality errors or the software displaying incorrectly, then we reserve the right to charge for work to repair the software.

While every effort is made by us to ensure project files are error free, we cannot guarantee that the display or functionality of the software or the website will be uninterrupted or error free. If, after project completion, errors are found in the code we have created and the current browser versions, domain name set-up and hosting set-up are the same as when work began, and no changes have been made to the project code by you or a third party, and no relevant functionality requirements have changed that would allow us to charge for such corrections under this Agreement, then we can correct these errors for you, free of charge, for a period of thirty (30) days, after completion of the work. After the thirty (30) day period, we reserve the right to charge separately for any work involved in correcting the error.

If, after completion of the project, errors are found in the code we have created for the project, and the current browser versions, or the domain name set-up or hosting set-up have been changed or updated, or the project has been modified by you or a third party, then we reserve the right to charge separately for any additional work needed as a result of these changes.

Permission & Copyright

Copyright of the completed software, website designs, images, pages, code and source files created by My Tech Tailor for the project shall be with you upon final payment only by prior written agreement. Without agreement, ownership and copyright of all project materials created by us shall remain with us. When applicable to website development, this Agreement grants a non-exclusive limited license for you to use the software on one website on one domain name only. You are not permitted to use the software for more than one website without prior written agreement between you and My Tech Tailor. You agree that resale or distribution of the completed files is forbidden unless prior written agreement is made between you and My Tech Tailor.

You hereby agree that all media and content made available to us by you for use in the project are either owned by you or used with full permission of the original authors. You agree to hold harmless, protect and defend My Tech Tailor from any claim or suit that may arise as a result of using the supplied media and content.

If we develop or amend a website for you, then you agree that we may include a development credit and link displayed on the website. This credit may be within the code but not displayed on a web browser if requested by you. We reserve the right to include any work done for you in a portfolio of work.

You agree to abide by the terms of any third-party software or media included within any work done for you by My Tech Tailor. Examples of this include, but are not limited to, Google services, Media under the Creative Commons license, RSS feeds, Open Source GPL Software, Wordpress and other content-management software, etc.

Limitation of Liability

READ THIS SECTION CAREFULLY, AS IT IS ONE OF THE SECTIONS IN THIS AGREEMENT WHICH LIMITS OUR LEGAL LIABILITY. MY TECH TAILOR SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD-PARTIES FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CLAIMS, LOSSES, LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF THE OPERATION OF OR INABILITY TO OPERATE THE SOFTWARE OR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THERE ARE SOMETIMES LAWS AND TAXES THAT AFFECT INTERNET E-COMMERCE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO UNDERSTAND AND COMPLY WITH SUCH LAWS AND THAT YOU WILL HOLD HARMLESS, PROTECT, AND DEFEND MY TECH TAILOR AND ITS SUBCONTRACTORS FROM ANY CLAIM, SUIT, PENALTY, TAX, OR TARIFF ARISING FROM YOUR EXERCISE OF INTERNET E-COMMERCE.

WE MAY FROM TIME TO TIME RECOMMEND TO YOU THAT UPDATES ARE NEEDED TO YOUR SOFTWARE OR WEBSITE, INCLUDING BUT NOT LIMITED TO NEW LEGISLATION COMPLIANCE, SOFTWARE COMPATIBILITY AND WEB STANDARDS. WE RESERVE THE RIGHT TO CHARGE FOR ANY UPDATES AS SEPARATE WORK. YOU AGREE THAT MY TECH TAILOR IS NOT LIABLE FOR ANY FAILURE TO INFORM OR IMPLEMENT THESE UPDATES TO YOUR SOFTWARE OR WEBSITE. YOU AGREE THAT YOU WILL DEFEND, INDEMNIFY, SAVE AND HOLD MY TECH TAILOR HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, COSTS, LOSSES AND CLAIMS ARISING FROM OMISSION TO INFORM OR IMPLEMENT THESE UPDATES.

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Hosting Services

My Tech Tailor offers website and other online hosting Services on a subscription basis. We do reserve the right to suspend or cancel any hosting account that may have been inappropriately used. You represent and warrant that the hosting Services provided by us in connection with your service, website or domain name will not be used for any unlawful purposes including but not limited to:

  1. any material(s) which may violate or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization;
  2. any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;
  3. any material containing a virus or other hostile computer program;
  4. any file that you do not own the copyright to in the first person, including but not limited to: music files, mp3's, video files, ROMS, movies, games (including mods, patches, and add-ons), software, and shareware;
  5. any illegal material, including but not limited to copyrighted works, commercial audio, video, or music files, and any material which might be in violation of any Federal, State or Local regulation at that time;
  6. any adult material, including pornography, erotic images, or otherwise lewd or obscene content; the designation of "adult material" is left entirely to the discretion of My Tech Tailor;
  7. any material, links, or information related to pirated software, phreaking, hacking, password cracking, IP spoofing, or any other illegal or malicious activity;
  8. any material or other usage that may be forbidden by this Agreement.

You will not employ programs that consume excessive system resources, including but not limited to processor cycles and memory. You should ensure that all web applications and scripts that you run on our servers that send email are adequately protected from malicious abuse, both from website visitors, remote submission, and automated spam programs. My Tech Tailor reserves the right to delete any file on our network when we believe that said file or files are not permitted under this Agreement.

If for some reason your website(s) begin exceeding the hosting package that you have purchased, you will be informed of this, and then given the opportunity to upgrade your hosting package to meet its current demands by purchasing further hosting space, bandwidth, or resources from us at rates that will be applicable at that time. Should you not wish to do this, we fully reserve the right to suspend your hosting account with no notice to you, and no legal requirement for compensation on our part towards you.

Domain Names

You may provide My Tech Tailor with a registered domain name or names, or we may register domain name(s) that you select on your behalf if the domain name(s) are available for registration and do not violate any applicable registrar policies, or any law or regulation. Upon registering your domain name(s), you agree to be bound by the terms of the applicable registrar’s then current domain name policy, and the policies of the national DNS registration authorities. You agree to pay us any associated fees or rates for registering and maintaining the domain name(s), as determined by us and communicated to you.

You are solely responsible for the domain name that you choose. You should investigate to see whether the domain name you select or its use infringes legal rights of others, and should consult with competent counsel. You should consider seeking one or more trademark registrations in connection with your domain name. While we will check to see if your chosen domain name is available as a domain name, we do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of others. You represent and warrant to My Tech Tailor that (a) the desired names provided to us shall not infringe upon the trademarks or other proprietary rights of any other party and (b) you are the bona fide owner of all proprietary rights associated with each such name. You also should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name.

Limitation of Liability

We shall use our reasonable endeavors to make available to you at all times the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Services. We accept no liability for any loss of data that may be stored on our servers. We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than seven (7) days you will be notified of the reason.

IN NO EVENT WILL MY TECH TAILOR’S LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SUBSCRIPTION-BASED HOSTING FEES PAID TO US BY YOU DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

WE CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. WE WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON OUR SYSTEM.

READ THIS SECTION CAREFULLY, AS IT LIMITS OUR LIABILITY IN THE EVENT OF, AMONG OTHER THINGS, CERTAIN LEGAL CLAIMS OR COURT ORDERS. NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.

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Tech Support

We offer tech support services by providing technicians either on-site or remotely through the use of third-party software. My Tech Tailor hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty of merchantability, fitness for a particular purpose or any other warranty of any kind on any of the products or Services which we provide.

Computer systems, hardware components, peripheral devices, software and any other tangible component sold by us or purchased by us on your behalf are warranted only by the manufacturer or publisher of such component and are limited to the terms set forth by said manufacturer or publisher. We are not responsible for obtaining warranty services or performance of warranty terms for any such component.

Services rendered by My Tech Tailor may void manufacturer warranties for a computer system, computer network system, or a related device. We do not assume any liability or warranty in the event that the manufacturer warranties are voided. We offer no verbal or written warranty, either expressed or implied, regarding the success of Services rendered.

By agreeing to have My Tech Tailor perform Services on any computer system, computer network system, or related device, you certify that you are the expressed owner of said computer, computer network system or related device or are an authorized agent for the owner. In the event that you are found not to be the true expressed owner of said computer system, computer network system, or related device, you assume all liability for any claim made as the result of the Services rendered by us on said computer system, computer network system, or related device.

Remote Support

My Tech Tailor will attempt problem diagnosis and a solution over the telephone or through the use of third-party remote control software for an applicable fee. In certain cases, however, problem diagnosis and support may not be completed because of a problem with your computer or its configuration that is beyond our control.

You understand and agree that prior to contacting or allowing My Tech Tailor to perform diagnostic repair on your computer, it is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives. You acknowledge and agree that My Tech Tailor shall not be responsible under any circumstance for any loss or corruption of data and/or software.

On-Site Support

The My Tech Tailor technician must receive full access to the computer(s) and/or peripheral(s) to be serviced, access to your residence or business, your consent and cooperation to enter your residence or business, and a safe working environment, working space and electrical power. IF THE MY TECH TAILOR TECHNICIAN ARRIVES AT THE SCHEDULED SERVICE TIME AND DETERMINES THAT HE/SHE DOES NOT REASONABLY HAVE THE ACCESS, COOPERATION, OR SAFE WORKING AREA DESCRIBED IN THE PREVIOUS SENTENCE, THEN SERVICES MAY BE DENIED AND A $120 CANCELLATION CHARGE WILL BE ASSESSED.

MY TECH TAILOR AND/OR ITS THIRD-PARTY SERVICE PROVIDER RESERVES THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL SERVICES ORDERED AND INSTEAD REFUND THE CLIENT’S PAYMENT, WHOLLY OR IN PART, ON THE BASIS THAT THE MINIMUM SYSTEM REQUIREMENTS ARE NOT MET OR THE TECHNICAL NEEDS (INCLUDING WIRING OR OVERCOMING PHYSICAL OR TECHNICAL BARRIERS) OR OTHER REQUIREMENTS OF THE CUSTOMER ARE UNUSUAL OR EXTENSIVE AND BEYOND THE SCOPE OF THIS SERVICE AGREEMENT AS REASONABLY DETERMINED BY MY TECH TAILOR AND/OR ITS THIRD-PARTY SERVICE PROVIDER.

If My Tech Tailor and/or its third-party service provider’s ability to render Services is impaired by you or circumstances beyond the control of My Tech Tailor and/or its third-party service provider, My Tech Tailor and/or its third-party service provider may choose not to provide Services.

Data Backup and Loss

IT IS YOUR RESPONSIBILITY TO BACK UP ALL SOFTWARE AND DATA THAT IS STORED ON YOUR COMPUTER’S HARD DRIVE(S) AND/OR ON ANY OTHER STORAGE DEVICES YOU MAY HAVE THAT COULD BE AFFECTED BY MY TECH TAILOR'S SERVICE PRIOR TO THE ARRIVAL OF THE MY TECH TAILOR TECHNICIAN TO YOUR HOME OR BUSINESS. MY TECH TAILOR AND/OR ITS THIRD-PARTY SERVICE PROVIDER SHALL NOT BE RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY SOFTWARE, DATA OR FILES.

Limitation of Liability

READ THIS SECTION CAREFULLY AS IT IS ONE OF THE SECTIONS OF THIS AGREEMENT WHICH LIMITS OUR LEGAL LIABILITY. UNDER NO CIRCUMSTANCES SHALL MY TECH TAILOR AND/OR ITS THIRD-PARTY SERVICE PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXPENSES COSTS, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF, OR RELATED TO, THE SERVICES PROVIDED BY MY TECH TAILOR AND/OR ITS THIRD-PARTY SERVICE PROVIDER OR OUT OF THE INSTALLATION, DEINSTALLATION, USE OF, OR INABILITY TO USE YOUR COMPUTER EQUIPMENT, HARDWARE, PERIPHERALS, OR THE NETWORK RESULTING FROM THE SERVICES PROVIDED HEREUNDER.

BY ORDERING SERVICE, YOU AFFIRMATIVELY RELEASE AND HOLD HARMLESS MY TECH TAILOR AND/OR ITS THIRD-PARTY SERVICE PROVIDER FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE THAT YOU OR THE OWNER OR LESSEE MAY SUFFER, INCLUDING BUT NOT LIMITED TO ANY LOSS OF ANY DATA AND THE NON-FUNCTIONING OF ANY COMPONENT OR ELEMENT OF YOUR COMPUTER EQUIPMENT OR PERIPHERALS RESULTING FROM MY TECH TAILOR AND/OR ITS THIRD-PARTY SERVICE PROVIDER’S AGENTS, PARTNERS AND/OR THIRD-PARTY SERVICE PROVIDERS, REGARDLESS OF THE WARRANTIES, DISCLAIMERS AND WAIVERS.

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Client-Held Third-Party Accounts

My Tech Tailor can, at its own discretion, but is not obliged to, offer administration and maintenance Services for accounts held by you with third parties. You agree to take full legal responsibility for use of third-party services and to supply truthful details to My Tech Tailor for use with the third-party services. Any support relating to your third-party service is between you and the third-party. It is within our discretion to cancel without notice, reject or refuse work with third-party services for any reason.

Any other domain name and hosting services or costs not charged to you by My Tech Tailor, including but not limited to domain name registration fees, domain name transfer charges, domain name renewal fees, hosting charges, hosting renewal charges, hosting upgrades, extra disk space, bandwidth and any other related or hidden charges, are to be paid to the third party by you. You agree to pay any domain name and hosting fees as soon as required by the third party. Any modifications needed to the domain name or hosting services are to be made between you and the third-party.

You agree that if at any time your contact details, including email address, change, it is your responsibility to contact the third party and update the contact information. Failure to do so may mean that renewal invoices for the third-party services are not received by you. Failure to comply with the third party’s payment terms may result in your third-party services becoming unavailable and/or available to another party. WE WILL NOT BE RESPONSIBLE FOR LAPSED OR EXPIRED DOMAIN NAMES WHICH ARE REGISTERED WITH ACCOUNTS NOT HELD BY MY TECH TAILOR.

You agree to be liable for your use of any domain name, hosting, and email services provided by the third party, and hereby agree to indemnify and hold harmless My Tech Tailor from any claim resulting from your publication of material and use of the domain name, hosting and email services. You agree to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services.

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Billing & Payments

My Tech Tailor operates a paperless billing system, whereby invoices are sent as generated PDF's attached to emails sent from us to you. It is your responsibility to ensure that we have the correct email address for you at all times. All charges payable by you for our Services will be in accordance with the scale of charges and rates agreed upon in conversations between us and you. We reserve the right to change pricing at any time. Should our prices change, you will be notified as authorized under this Agreement and you will have the right to decline and cancel further Service subject to the terms outlined in this Agreement.

Any subscription-based Services provided to you by us will be suspended if you fail to pay any invoice on time. If you do not make payments within seven (7) days of the due date of any invoice, we reserve the rights to suspend your Services without warning, and we may at our discretion, remove any files, data, or stop any Services as being provided still at that time.

If your account is suspended due to a billing issue then we reserve the right to charge you an administration fee of up to $25 to reinstate your account. If any payments are returned to us as "unpaid" then we reserve the right to charge you an administration fee of up to $25, plus any additional bank charges as may have been incurred by us.

We reserve the right to decline further work on a project if there are invoices outstanding with you. We reserve the right to remove our work for you from the Internet if payments are not received.

Quotations for any Service provided to you by us are valid for thirty (30) days from date of issue.

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Cancellation & Refunds

You may choose to cancel the Services at any time. To do so you must request cancellation of the Services in writing by email or postal mail. We will cancel the Services within five (5) business days of receipt of your request. At that time, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation.

On termination of this Agreement or suspension of the hosting Services we shall be entitled immediately to stop access to your website, remove all data associated with your account from our servers, and delete your domain name from our registrar account. If you have chosen to cancel your hosting Services during a prepaid billing cycle, and your account is in good standing and has not been suspended due to a breach of this Agreement, then My Tech Tailor will provide to you:

  1. one ZIP file containing any files which are located in your website root directory on our servers;
  2. one ZIP file containing exports in SQL format of any MySQL databases associated with your account;
  3. assistance in transferring to a registrar of your choice any domain name which we have registered on your behalf and which resides in a registrar account created by My Tech Tailor. We reserve the right to charge an administration fee of up to $15 for each domain name associated with your account.

We reserve the right to suspend the Services and/or terminate this Agreement at any time. My Tech Tailor shall be entitled to suspend the Services and/or terminate this Agreement without notice to you if you:

  1. fail to pay any sums due to us as they fall due;
  2. breach any of this Agreement; or
  3. are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.

On termination of this Agreement, you may be entitled to a pro-rated refund based upon the remaining period of pre-payment, unless your account was suspended due to a breach of this Agreement. Refunds will be given at the sole discretion of My Tech Tailor. Administration fees may be deducted. No refunds will be made if your account was suspended due to a breach of this Agreement. Where payment has been made by PayPal, credit or debit card, any refund will only be issued to the same PayPal account, credit or debit card.

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General Limitation of Liability

READ THIS SECTION CAREFULLY AS IT IS ONE OF THE SECTIONS IN THIS AGREEMENT WHICH LIMITS OUR LEGAL LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MY TECH TAILOR OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF INTERRUPTION IN SERVICE OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

FROM TIME TO TIME, WE MAY UTILIZE SOFTWARE OR HARDWARE SUPPLIED BY THIRD PARTIES TO PROVIDE OUR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES ARISING FROM ANY FAILURE BY SUCH THIRD PARTIES IN CONJUNCTION WITH THE SERVICES.

IN ANY CASE, MY TECH TAILOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID FOR THE SERVICES (IF ANY) WHICH ARE THE SUBJECT OF ANY SUCH CLAIM, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF MY TECH TAILOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE.

IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.

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Indemnification of My Tech Tailor

You agree to defend, indemnify and hold harmless My Tech Tailor, our affiliates and our respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns (collectively “Our Indemnities’ ”), from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, amounts paid in settlement and reasonable attorneys’ fees) which any of Our Indemnities’ may suffer, incur or sustain resulting from or arising out of (i) your breach of any representation, warranty, or covenant contained in the Agreement, (ii) any digital or physical materials supplied by you (“Client Content”) in connection with your use of our Services, (iii) violations by you or any of your officers, directors, employees or agents of the Agreement or any applicable law, (iv) claims or actions of third parties alleging misappropriation of trade secrets or infringement of patents, copyrights, trademarks or other intellectual property rights arising from the use, display or publication of the Client Content, or the use of our Services in combination with hardware, software or content not provided by My Tech Tailor, (v) claims or actions by third parties relating to or arising out of your use of the Services, and (vi) any failure of the Client Content to be compatible with the hardware or software used by us to provide the Services, including any damage to our servers or other hardware caused thereby.

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Force Majeure

Neither party shall be held liable for any delay or failure in performance of any part of this Agreement, other than payment of money owed, from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers.

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Applicable Law & Dispute

This Agreement and all matters arising from it are governed by and construed in accordance with the laws of the State of Tennessee, whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be the United States of America.

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