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TERMS OF SERVICE – doileads www.doileads.com Last updated 23rd March, 2020 This website is operated by doileads (doileads). Throughout the site, the terms “we”, “us”, “doileads”, "Company" and “our” refers to doileads (doileads). doileads offers this website, including all information, tools and services available from us to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something (“User”, “Customer”), from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These terms of service govern your access to and use of doileads services, therefore we kindly ask you to carefully read them when visiting doileads website, before you use any of our services. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to us that you have the authority to bind that organization to these Terms (in which event, “you” and “your” will refer to that organization). Please read these Terms of Service carefully before accessing or using our website or any of our services. By accessing or using any part of the site, or services provided by us, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
  1. AGREEMENT
These terms or any other policy provided on the doileads Site (collectively, the “Agreement”) constitutes a legally binding agreement between doileads and you and govern your use of www.doileads.com, and all services provided in connection with the site and platform (collectively, the “Platform”).
  1. DEFINITIONS
Business Day: Refers to a day of the week, for clarity Monday to Friday Customer Supplied Content: Refers to any and all Material that is supplied to the Company by the Customer for the production of the Customers Website. Domain Name: Is the custom domain name registered or selected by the Customer for the Website. Payments: All payments payable to Company by Customer in order to provide Services to Customer, as agreed upon in the Plan. Fees may include but are not limited to, fees for the provision of Services, setup fees, and transfer fees. General Terms: The general terms and conditions of the Company, as listed on the Company’s website(s). Material: This includes but is not limited to the copy/text, images, graphic designs or trademarks used in the production of the website. Plan: “Standard Package’ or ‘Premium Package’ offered by doileads Services: Services provided for the custom website services which are displayed and may be amended from time to time on the Company’s website. Templates: Refers to the templates that are available for use in designing the Website. Templates are controlled and maintained by the Company and their availability for use in designing the Customer’s Website is based on the Plan purchased by the Customer. Term: The complete duration that the Services are provided to the Customer by doileads on an annual basis. Transfer Fees: Payment to Company by Customer to transfer Intellectual Property rights or the website, as described in Ownership Rights Transfer clause. Customers Website: The end result of the Company’s efforts to perform the services for the Customer. A Customers Website will be published according to the specifications of the Customer.
  1. doileads SERVICES
doileads Services include selling and creating custom websites for its customers, mainly, one page business bio page for businesses, freelancers (portfolios), online resumes or for any other lawful purpose. You are solely and exclusively responsible for the use of the doileads Services. doileads will not be liable in any way or form for actions done by its users including criminal liability and civil liability for harm executed or not executed. doileads liability is further limited by other provisions of these Terms. We grant you a permission to use the doileads Services subject to the restrictions set forth in these Terms. Your use of the doileads Services is at your own risk. The doileads Services may be modified, updated, interrupted or suspended at any time without notice or liability. We do not bear any liability for any harm or other adverse consequences to you, caused by this. doileads, its owners, employees, agents and others that are involved with the doileads services are not in any way or form liable for any harm of any kind executed or not executed, resulting from or arising through or from the use of any account registered with doileads services.
  1. BASIC TERMS
Website
  • doileads shall build the Website in accordance with the instructions given to and approved in advance by the Customer.
  • doileads will start the order process and prepare the one-page website for the customer after receiving the payment confirmation.
 
  • If you provide any information that is untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, doileads has the right to suspend or terminate your account and refuse any and all current or future use of the Services. You also acknowledge that doileads does not pre-screen content, images and inventory.
 
  • The Customer accepts and grants the doileads to have full physical access and control over the Website during the Term.
Plans   Specifications for your Website will be determined by the selected Plan and where certain Services are made available. doileads offers two plans on its website for customers: 1. Standard 2. Premium The details and prices of both plans are provided on the doileads Site and can be changed by doileads anytime. Duration / delivery doileads will take at least seven (7) business days to prepare the order and delivery time may extend to additional days. Delay may be caused in the launch date of the website if client requires any clarification or submits information late. doileads does not take any responsibility or guarantee for any delay. We are not responsible for any delays in provisioning the Service which occur as a result of your failure to respond as requested or required.  You will also respond promptly to requests necessary for the project to commence and proceed in a timely manner.
  1. PAYMENTS & REFUNDS
Payments
  • The Payment method supported by doileads is Stripe.
  • Payment for the Services selected by the Customer will be on a pre-paid basis, in advance and will be charged annually from the launch date of the customer’s website.
 
  • The fees for the packages may vary from time to time and are published on the Company’s website. We reserve the right to modify or change the fees without prior notice to the Customer.
 
  • doileads will notify and remind the customer seven (7) days before the annual re-charge and failure to pay will result in the termination of the customer’s website. doileads will not be responsible or held liable for any such loss.
 
  • If the customer does not inform doileads within seven (7) days of canceling their doileads website, doileads has the right to sell their domain back.
  Refunds and cancellation  
  • Refunds are only available to customers before the launch date of the website or before the website goes live, and are not applicable to domain registration fees or setup fees. For clarity, domain registration fees and setup fees are not refundable even if customer cancels during the period prior to the launch date of the website.
 
  • Customers are eligible for a 90% refund before the launch date or before the customers website goes live. 
  • Customers are not eligible for any refund if a cancellation is made after the launch date or after the website goes live.
  1. ACCEPTABLE USE POLICY
When you use the Platform, you assent that:
  • You will not, or attempt to, make any unlicensed or unauthorized use of, or otherwise infringe violate or misappropriate, any patent, copyright, trademark, trade secret, right of privacy, right of publicity, or other intellectual property or proprietary right (collectively, “IP Rights”) of any entity or individual, including, without limitation, incorporating any original, variation or misspellings of any third-party trademarks, service marks, creative assets, or other brand identifiers without proper authorization;
  • You will not, or attempt to, defame or impersonate any entity or person, including, without limitation, copying the “look and feel” of any third-party website or branding, or conveying or implying that you are operating a third-party website or entity;
  • You will not, or attempt to, disassemble, reverse engineer, or decompile any part of the Platform;
  • You will not, or attempt to, embed, insert, include, or disseminate any viruses or other harmful, or potentially harmful, data or technology into or through the Platform, including, without limitation, for the purposes of disrupting, damaging, or interfering with the Platform and/or other users of the Platform;
  • You will comply with all applicable laws, regulations, court orders, third party rights, and applicable industry requirements and will not indulge in any unlawful activity or violate any provision of these Terms and any doileads policy or standard that may be issued from time to time.
  1. doileads'S INTELLECTUAL PROPERTY RIGHTS (IP)
  • doileads shall be and remain the sole owner of all right, title and interest in and to the Platform (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed or controlled by doileads. Accordingly, any use of the IP Right of doileads shall inure to the exclusive benefit of doileads. All rights not specifically granted to you under this Agreement are expressly reserved by doileads.
  • The customer owns the IP/Copyrights of the photos, logos, materials and content pertaining to their business provided to doileads and grant authority to doileads to only use them for the doileads services for the customer only.
  • doileads shall hold all IP rights and ownership of the custom website design except for circumstances mentioned in the ownership rights transfer clause below.
  • Customer owns the domain name which he or she will select and pay for the custom website.
  1. OWNERSHIP RIGHTS AND WEBSITE TRANSFER
If at any time Customer wishes to move their website and terminates this agreement and subsequently elects to obtain the Intellectual Property Rights for the Material owned by Company as outlined in this agreement, the following is required to be considered: Should the Customer desire to obtain ownership rights to the Website and move, upon termination of Services, the Customer must shall further remit a transfer fee to doileads for the assignment of these rights to the material. To obtain the intellectual property rights customer must agree to the following:
  • termination of this agreement in accordance with the Terms
  • be in good standing and not in default for all fees associated with the Plan and Services
  • provide proper and sufficient written notice, as detailed in the Term and Termination clause, of intention to terminate that is confirmed and accepted by Company
  • provide proper instructions to Company to properly transfer the Material, along with Intellectual Property rights to this Material
  • doileads will provide the authorization code upon request made by the Customer
  • pay Transfer Fees as outlined in this Transfer Fees Schedule below.
Transfer Fees Schedule: 
  • doileads will charge $30 annually to leave the website domain as-is.
If all of the conditions are met, and you have received receipt from Company of acceptance of the above conditions, Company will transfer all Rights and Title to the material to Customer. Customer unconditionally accepts they have no rights to Material with the exception of Customer Supplied Content without payment in full of said transfer fees in accordance with this agreement. Customer understands that they will be in violation of International Copyright and intellectual property laws if they knowingly or unknowingly copy, backup, manipulate, retain or repurpose the Material without the express written consent of the Company, and will be held liable for use of this Material. This assignment to Customer of ownership rights to the Material shall be limited to the actual portions of the Website visible on the Internet and its underlying HTML coding as developed specifically for Customer, and shall be sent to Customer at the discretion of Company via after remitting Transfer Fee payment, but this assignment shall not include any rights to doileads's software, trade secrets, methodologies, processes, proprietary functions, know-how, and all intellectual property including, but not limited to, all copyrights, trademarks, patents, and trade secrets related to doileads's products or services, which shall remain the sole and exclusive property of doileads and its respective suppliers, affiliates, partners, and/or licensors. For all images that are part of the Website and assigned to Customer hereunder, Customer is granted permission to only use those images in the manner in which it is provided to Customer by doileads (i.e. embedded in the Website) and no other use of the images is permitted whatsoever. Moreover, upon assignment doileads does not warrant the portability or functionality of the Website in any way to or on any platform, hosting or otherwise, that is not provided by doileads.
  1. BACKUP
Customer agrees that they are solely responsible for the back-up of any data, Websites or information (including without limitation email files, databases, hosted files etc.) which may be replaced pursuant to the provision of the Services (including without limitation as a result of the publishing of your Website). doileads is not responsible for archiving documents, graphic work, physical goods or web pages created for the Customer, or documents, graphic work, physical goods or files which are mailed, email or faxed to doileads. doileads is not responsible for returning any files, documents or physical goods emailed, faxed or mailed to us.
  1. PERMITS AND LICENCES
It is your sole responsibility to obtain and maintain all applicable consents, licenses and permits required for the operation of your services.
  1. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless doileads and each of its officers, directors, employees, agents, affiliates, co-branders or other partners, and employees of any of the foregoing, from, against, and in respect of:
  • any and all losses, damages or deficiencies resulting from any third party claim in connection with your custom website (including, but not limited to, website content) or the URL;
  • all costs and expenses incident to any and all actions, suits, proceedings, claims, demands, assessments, or judgments in respect thereof regardless of the merit thereof, including reasonable legal fees and expenses claims brought against the Company for any intellectual property infringement due to any Material provided for publishing by the Customer.
  1. LIMITATION OF LIABILITY
In no event shall any doileads party, or its heirs, successors and assigns, be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, resulting from, or in connection with this agreement and/or any (a) use of or inability to use the platform, (b) personal injury, property damage, or losses of any kind, resulting from your access to and/or use of the platform, (c) unauthorized access to or use of any and all personal information and/or financial information stored therein, (d) interruption or cessation of transmission to or from the platform, and/or (e) bugs, viruses, trojan horses, or the like, which may be transmitted to or through the platform, whether or not doileads is advised of the possibility of such damages. Notwithstanding anything herein to the contrary, the maximum cumulative and aggregate liability of doileads for all costs, losses or damages from claims arising under or related in any way to this agreement, whether in contract, tort or otherwise, shall not exceed an amount equal to the total amounts due and payable by doileads to you under this agreement for the month immediately preceding the date upon which such damages accrue. The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The platform, and any services or information offered through or in association with the platform, would not be provided without such limitations and you agree that the limitations of liability and disclaimers specified herein will survive and apply even if found to have failed of their essential purpose. Because some jurisdictions do not allow the exclusion or limitation of certain categories of damages, in such jurisdictions, you agree that the liability of doileads shall be limited to the fullest extent permitted by such jurisdiction.
  1. DISCLAIMER
doileads MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED. ANY CONTENT DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE PLATFORM, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
  1. GOVERNING LAWS
These terms and conditions and any agreement entered into by doileads or service provided by doileads that arises in a dispute or legal matter shall be governed by and interpreted in accordance with the law for the time being enforced in the State of Utah, United States, and each party submits to the jurisdiction of the State of Utah, United States.
  1. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE (DMCA)
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on or through the Platform, please notify doileads’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit doileads to locate the material;
  • Information reasonably sufficient to permit doileads to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party must be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Only DMCA notices shall be emailed to ___@doileads.com will be accepted. All other inquiries or requests will be discarded. Upon receiving a complaint related to copyright infringement, doileads may remove the content identified as being infringing. In addition, doileads may, but is under no obligation to, terminate the Account of the party that appears to be the infringer.
  1. NO AGENCY.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
  1. ASSIGNMENT
doileads may freely assign or transfer any or all of the rights and obligations described in this Agreement, or this Agreement in its entirety in connect with a merger, acquisition, or sale of assets or by operation of law or otherwise. You may not assign this Agreement or any of your rights and duties hereunder without the prior written consent of doileads. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
  1. SEVERABILITY
If any provision of this Agreement is determined by a court to be unenforceable or invalid, the validity of the remaining parts, terms or provisions shall not be affected by that determination, and such court shall substitute a provision that is legal and enforceable and is as close to the intentions underlying the original provision as possible.
  1. PUBLICITY
You may not issue or make any publicity release (including press releases and advertising or solicitation materials) or other public statement: (i) relating to this Agreement; (ii) using doileads's name or referencing the Platform; or (iii) suggesting or implying any endorsement by doileads of you and without the prior written approval of doileads, which doileads may withhold in its sole discretion.
  1. WAIVER
The waiver or failure by doileads to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of doileads set forth in this Agreement are cumulative and are in addition to any rights or remedies doileads may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.
  1. FORCE MAJEURE
doileads shall not be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, the non-performing party.
  1. CONTACT doileads
For any queries or complaints, please send an email to contact@doileads.com For cancellations or refunds, please send an email to contact@ doileads.com