Overview

These Terms of Service ("Terms") govern your access to and use of the services provided by Izende Studio Web ("we", "us"). By using our website or contracting our services you agree to be bound by these Terms.

1. Services

We offer web design, hosting, domain registration assistance, SEO, e-commerce development, and related digital services. Specific service-level commitments, uptime guarantees and refund terms are set out in our Service Level Agreement and Refund Policy.

2. Eligibility and Account Registration

To use certain services you must be at least 18 years old and capable of entering into binding contracts. If you act on behalf of an organization you represent and warrant that you are authorized to bind that organization.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other security breach. We will not be liable for any loss or damage arising from your failure to safeguard your account credentials.

3. Fees and Payment

Payment Terms

• All fees are due according to the schedule in the order or service agreement.
• We use third-party payment processors; we do not store full payment card details on our systems.
• Recurring services will auto-renew unless canceled per the agreement at least 5 business days prior to the renewal date.
• Payment cycles: monthly, quarterly, annually as specified in your plan.
• Late payments may result in service suspension. A late fee of $15 or 5% of the outstanding balance (whichever is greater) may apply for payments more than 10 days overdue.
• All fees are exclusive of applicable federal, state, and local taxes. You are responsible for all applicable taxes unless you provide a valid tax exemption certificate.

4. Acceptable Use Policy (AUP)

Customers must not use our services to:

• Engage in illegal activity or promote illegal goods or services
• Infringe intellectual property rights of any third party
• Distribute malware, viruses, or other malicious code
• Send unsolicited commercial email (spam) or engage in phishing
• Host or distribute child exploitation material or engage in harassment
• Engage in cryptocurrency mining without prior written approval
• Overburden or attempt to compromise the security or integrity of our infrastructure
• Resell services without a valid reseller agreement

We reserve the right to suspend or terminate accounts that violate these rules. Violations may be reported to law enforcement where appropriate.

5. Intellectual Property

Unless otherwise agreed, we retain ownership of any templates, code libraries, frameworks, and tools used to deliver services. Deliverables created specifically for you (custom designs, content, code written exclusively for your project) will be licensed or assigned as set out in your contract. You grant us a limited license to use, reproduce, and display your content solely for the purpose of providing services to you.

6. Warranties and Disclaimers

Services are provided "as is" to the fullest extent permitted by law. We warrant that services will be performed in a professional and workmanlike manner. We disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement to the extent permitted by law.

7. Service Level Agreement and Service Credits

Hosting services are subject to the uptime commitments and support response times detailed in our Service Level Agreement. If we fail to meet the uptime commitments, you may be eligible for service credits as described in the SLA. Service credits are your sole and exclusive remedy for any failure to meet the SLA.

8. Limitation of Liability

To the maximum extent permitted by law, our liability for damages arising out of or related to these Terms will not exceed the fees paid by you in the 12 months preceding the claim. We are not liable for indirect, incidental, consequential, special, or punitive damages, including loss of profits, data, use, or goodwill, even if we have been advised of the possibility of such damages.

9. Indemnification

You agree to indemnify, defend, and hold harmless Izende Studio Web, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of our services, (b) your violation of these Terms, (c) your violation of any third-party rights, including intellectual property or privacy rights, or (d) any content you submit or upload through our services.

10. Termination

Termination by Customer

You may terminate services by providing written notice according to the terms of your service agreement (typically 30 days for monthly services, 60 days for annual services). You remain responsible for fees through the end of the then-current billing period.

Termination by Izende Studio Web

We may suspend or terminate services immediately for material breach of these Terms (including non-payment or AUP violations) or upon 30 days' written notice for convenience.

Effect of Termination

On termination you are responsible for outstanding payments. We will provide a grace period of 30 days for you to retrieve your data from hosted services. After this period, we may permanently delete hosted content and backups. You are responsible for downloading and backing up your data prior to termination.

11. Data Protection

Our handling of personal data is described in our Privacy Policy. Where we act as a processor for hosting customers, a separate Data Processing Agreement (DPA) will apply upon request.

12. Modifications and Notice

We may amend these Terms from time to time. Material changes will be posted on this page with a new effective date and, where required by law, we will provide notice via email to the address on file at least 30 days prior to the effective date. Your continued use of services after the effective date constitutes acceptance of the modified Terms.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Missouri, USA, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms or services will be subject to the exclusive jurisdiction of the state or federal courts located in St. Louis County, Missouri, unless otherwise agreed in writing. Each party consents to personal jurisdiction and venue in such courts.

14. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, SLA, and Refund Policy, constitute the entire agreement between you and Izende Studio Web regarding the use of our services and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets upon notice to you.

Force Majeure

Neither party will be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, or governmental actions.

15. Contact

Questions about these Terms may be directed to:

Email: support@izendestudioweb.com
Phone: +1 314.886.6356