Subscriber is solely responsible for maintaining the security of Subscriber’s servers that are created via the ServerWand service. ServerWand shall have no liability for any security breaches or data breaches of Subscriber’s servers, even if those servers were initially created and provisioned by ServerWand. ServerWand does not guarantee the security of any of Subscriber’s servers, even if those servers were initially created and provisioned by ServerWand. We will NEVER access your server without your explicit request for us to do so. If your server needs manual intervention from us, you must request our help and give us your permission to access your server before we will be able to assist you.
Subscriber is solely responsible for the preservation of Subscriber’s data which Subscriber saves onto its server (the “Data”). ServerWand shall have no liability for any Data that may be lost.
Eligibility. You may use the Service only if you can form a binding contract with Company, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If your minor children use the Service, you are solely responsible for such use, including, without limitation, any purchases your minor children make through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement and you agree that you will not allow your minor children under the age of 13 to engage in such use. You may not use the Service if you have previously been removed or banned from the Service.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Assistance with Orders. For assistance with billing questions or other order inquiries, please email us at email@example.com.
Refund Policy. Refunds will not necessarily be issued due to your dissatisfaction with the service. If you feel you qualify for a refund please contact Customer Service at firstname.lastname@example.org. Refunds will be issued solely at ShiftCreate's discretion. Two months after a purchase, it is no longer possible for us to issue refunds on payment processors like PayPal. So please contact as soon as possible. All of our bitcoin transactions are final. We cannot offer refunds with our current integration with Coinbase.
Disclaimer of Warranties. SHIFTCREATE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE AND INFORMATION CONTAINED THEREON AND/OR THE PRODUCTS WILL BE SATISFACTORY, UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME SHIFTCREATE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY SHIFTCREATE) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. THIS WILL NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Liability Limitations. IN NO CASE SHALL SHIFTCREATE, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS (THE "SHIFTCREATE PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITYOF SUCH DAMAGE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SHIFTCREATE PARTIES UNDER THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE LIABILITY OF THE SHIFTCREATE PARTIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnity. By using the Service, you agree to indemnify and hold the ShiftCreate Parties harmless with respect to any claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys' fees) arising out of the actual or alleged breach of these Terms by you or your use or access of the Service. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
This Agreement is governed by the law of England and Wales, and the Client submits to the exclusive jurisdiction of the Courts of England and Wales.