This website (https://www.convergial.us) is owned and operated by Fantastiqo Solutions LLC. Throughout the site, the terms “convergial.us” (formerly “Convergialthemes.com”), “we”, “us” and “our” refer to Fantastiqo Solutions LLC. This Terms of Service agreement applies as between Fantastiqo Solutions LLC and the entity or individual agreeing to these terms (you, the Client).
1.Acceptance
Please read these terms and conditions presented on this Terms of Service page carefully. These terms and conditions are presented to you during the checkout process of any purchase of monthly subscription plan of our services. Any purchase of monthly subscription plan of our services implies that you have read and accepted our terms and conditions.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of our service or access to our website following the posting of any changes constitutes acceptance of those changes.
2. Order and Payments
Our service is offered as recurring monthly subscription plan. By purchasing one of our recurring monthly subscription plans, you authorize us to charge your debit/credit card on a recurring monthly basis. You may cancel this authorization at any time by contacting us. This authorization will remain in effect until cancelled. We use third party payment processors to assist in processing your Personally Identifiable payment information securely. Such third party processors’ use of your personal information is governed by their respective privacy policies.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
3. Our Service Delivery Policy
Our service and all products included within our service are digital. By “End Product”, we refer to the website that we create, design, and host for a single use. Upon successful purchase of your monthly subscription plan of our service and verification of your payment, you will immediately receive an email with the access to your control panel of the website (End Product). The receipt by you of the e-mail will constitute delivery by us to you of our service in accordance with the terms applicable to the monthly subscription plan you purchased.
4. Refund Policy
Our service is offered as recurring monthly subscription plan. All refund request must be made within 30 days of your first purchase of our monthly subscription plan. Upon receiving the refund request, we promptly process the refund to you and cancel our service to you including cancelling the rights to use the website (End Product) and the free domain provided by us.
5. Cancellation Policy
You can cancel your purchased monthly subscription plan of our service at anytime by using your self-service customer account portal, and we will promptly cancel your subscription and end our service to you upon receiving your cancellation request.
6. Chargeback
If we receive a chargeback or payment dispute by you from a credit card company or bank, our service to you will be promptly suspended without notice, including cancelling the rights to use the website (End Product) and the free domain provided by us. Our service and all products included within our service are digital, and you get immediate access to our service upon successful purchase of your monthly subscription plan of our service and verification of your payment. Thus, requesting a chargeback dispute for a valid charge from us is considered chargeback fraud. Please review our refund policy on this page before prior to making a payment.
7. Use Of Our Service and its End Product
a) By “End Product”, we refer to the website that we create and design for a single use. We grant you the rights to use the website (End Product) in any lawful manner as long as your monthly subscription of our service remains active.
b) Upon successful purchase of a monthly subscription plan of our service and verification of your payment, this agreement grants you access and lawful usage of the website (End Product) designed, created and hosted by us as specified on the monthly subscription package of your purchase.
c) After the website (End Product) installed for you, it is your responsibility to ensure that the website (End Product) is working how it is intended, and it is your responsibility to notify us of any circumstances where this is not the case.
d) Should you need to add, edit or delete content from the website (End Product) installed for you, you will be able to do this through the content management software provided with the website (End Product). You are responsible for all the content you publish the website (End Product) installed for you. We’re not responsible for writing any text copy on the website, although we are happy to enter the text content supplied to us by you when we first setup the website (End Product) for your business.
In order to make it easier for you, in some, but not all cases, you can send content directly to us and we will publish it on your behalf. In both methods you are responsible for the content that is published on your website. It is your responsibility to check that the content is correct and you be fully responsible if the content published is found to break an laws or be the subject of any legal action.
e) All your (Customer) provided or uploaded content, photos, graphics, trademarks and design elements (including without limitation Customer logos and copyrighted material) and text remains the property of your (the Customer’s). You (Customer) grants us the rights to use such material for purposes of performing under this agreement. You (Customer) also agrees to indemnify and hold harmless Fantastiqo Solutions LLC from any and all claims resulting from your (the Customer’s) negligence or inability to obtain proper copyright permissions of materials uploaded by you (Customer).
f) We cannot accept responsibility for any alterations caused by a third party or you (Customer) occurring to the website (End Product) once installed for you. Such alterations include, but are not limited to additions, modifications or deletions.
g) We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
h) We possess the appropriate license for use of any third party website templates, theme, graphic templates, stock photos, plug-ins, digital tools, and fonts that we use in designing and creating a website (End Product). We do not claim trademark and ownership for use of any such third party website templates, theme, graphic templates, stock photos, plug-ins, digital tools, and fonts that we use in designing and creating a website (End Product). You agree not to extract, exploit, resell and redistribute any website templates, themes, graphic templates, stock photos, plug-ins, tools, and fonts that we have used in creating the website (End Product) installed for you.
i) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, any contact on the website through which the service is provided.
j) We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
k) A breach or violation of any of the terms and conditions on this Terms of Service page will result in an immediate termination of our Services to you.
l) We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our service or our website is inaccurate at any time without prior notice (including after you have submitted your order).
m) We undertake no obligation to update, amend or clarify information in our service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our service or on any related website, should be taken to indicate that all information in our service or on any related website has been modified or updated.
n) In any circumstance where we discontinue the distribution of any of our products or services on our own, your website under that particular product/service/monthly plan will be migrated to you.
8. Prohibited Use of Service
a) You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
b) You must not transmit any worms or viruses or any code of a destructive nature.
c) In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to spam, phish, pharm, pretext, spider, crawl, or scrape; (viii) for any obscene or immoral purpose; or (ix) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
d) We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses; (i) adult content and pornography; (ii) dating or romantic encounters; (iii) drugs, tobacco or Canibus and/or related products including electronic cigarettes (e-cigarettes) and vaporizes (vapes); (iv) gambling auctions or gambling related activities and/or services; (v) undocumented/unproven pharma/medical results; (vi) title loans and collections agencies; (r) legal bonds or related consignment services; (vii) Cryptocurrency related service; (viii) Counterfeit or unauthorized goods; (ix) Get rich quick schemes and multi-level marketing (MLM) (x) Mug shot publication or pay-to-remove sites.
9. Third Party Providers
We are not liable for any harm or damages caused by any website templates, theme, graphic templates, stock photos, plug-ins, digital tools, and fonts that are licensed to us by third-parties for designing and creating a website (End Product). We may in our sole discretion remove, pause, or deactivate such third-party material in the website (End Product) as a part of our updates, repair, and maintenance process of the website (End Product) installed for your business.
We use of third party provider to host the website (End Product) installed for you. Although great care has been taken to choose a provider it is possible that the website (End Product) may be offline for any amount of time in the event of technical problems. We will not be liable for any damages or loss of income due to the website (End Product) being offline and you will not be entitled to a refund of any kind.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites and you (Customer). Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
In no case shall Fantastiqo Solutions LLC, Convergial™ (https://www.convergial.us) owned and operated by Fantastiqo Solutions LLC, and our directors, officers, employees, agents, contractors, interns, suppliers, or service providers be liable for your (Customer’s) purchase or use of any third-party goods, services, resources, content, or any other transactions made by you (Customer) in connection with any third-party and you (Customer). Complaints, disputes, claims, concerns, or questions regarding your (Customer’s) purchase and use of third-party products or services should be communicated and resolved only between you (Customer) and the third-party.
10. Indemnity
Our services may be used for lawful purposes only. You (Customer) agree to indemnify and hold Fantastiqo Solutions LLC harmless from any claims resulting from your use of our service that damages you or any other party.
You (Customer) agree to indemnify, hold harmless and defend Fantastiqo Solutions LLC, Convergial™ (https://www.convergial.us) owned and operated by Fantastiqo Solutions LLC, and its affiliates, directors, officers and employees, from and against any and all liabilities related to your (Customer’s) purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party and you (Customer).
11. Design Protection & Design Credit
When we strategically design a website (End Product) for your business, only you have the right to use that website (End Product) for your business as long as your monthly subscription with us remain active. We do not disclose website design of yours or our existing customers to another business in any manner or any situation where the website may be viewed, reviewed, or analyzed by another business in the same industry for the following reasons:
- To take design inspiration from the website (End Product).
- To purposely copy/reproduce similar website design either by demanding from us, or hiring another freelancer/agency to do so.
- To copy brand elements from the website.
- To do a competitor analysis on the website design.
For the above reason, we do not show your full website design or provide your website link to other businesses who are in the same industry as yours. However, you (Customer) agree that the website (End Product) developed and installed for you may still be featured in our website. We feature your website (End Product) on our website in a way that cannot be copied off or taken design inspiration from. You also agree to allow us to include a design credit with a reference to our company on the website (End Product) designed for your business.
Although we do not provide links or demonstration of your website to another business, but another business may see your website on Google, Yahoo, your advertisement, or anywhere on the Internet. We will not be liable in any manner when such businesses copy/take design from your website. However, we reserve the right to take legal action against anyone who violate our copyright policy by using/copying/reproducing graphics, design, or design elements created by us for our own purpose, or for our customers.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we 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 us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Fantastiqo Solutions LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
14. Governing Law
You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Wyoming, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Fantastiqo Solutions LLC.
15. Effectiveness
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
16. Severability
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of this Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
17. Contact
For any questions or concerns relating to this Terms of Service agreement or any part of our service, please contact us at hello@convergial.us
