Terms & Conditions
Please read this page carefully prior to ordering services from us, and make sure you understand what it says. It's a binding contract between WebInvent and you. If you have any questions about what you see on this page, please feel free to contact us at support [at] webinventinc [dot] com or (718) 305-4162.
The Services We Provide
In exchange for the fees you pay in advance, we will provide you with online order fulfillment services, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the products and/or services you select during the signup process. For clarity, on this page, the term "services" refers to the online order fulfillment services that we will provide to you. The term "WebInvent" or "us" or "we" refers to WebInvent, Inc.
Permission to Host Your Content
For us to host your menu, it is necessary for you to enter your content using the tools we provide you with as part of the service. By purchasing order fulfillment services from us, you give us the permission (a license) to maintain this content and make it available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your ordering website.
When the Services Will be Available
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology and other factors, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.
We have a very simple cancellation policy. If you cancel your account within 30 days of first signing up, we will provide you with a full refund excluding any setup fees that were charged when you signed up, and excluding domain registration fees. The only way to cancel your account is by submitting information through our cancellation form, which is located at http://cancel.webinventinc.com. If we register a domain name for you as part of your online order fulfillment service with us, and you decide that you want to cancel your account during the first 30 days, then we will deduct the cost of the domain name from the money we refund you. We charge $10 per year for domain registration. If you cancel your account after the first 30 days have passed, or after your account is renewed then unfortunately we will not be able to issue any refunds. Please note: upgrades to an existing service and domain registration are non-refundable.
When you sign up, your WebInvent account will be enabled with autorenewal, which means that when your renewal date arrives, your online order fulfillment service and domain will be renewed. When it is time for renewal, the credit card you have on file with us will also be charged. If you wish to not have this happen, and you would not like to renew your account, you must cancel 14 days prior to your renewal date. If you have any questions as to when your renewal date is, simply login to clients.ordersvc.com, or give us a call. If you fail to cancel 14 days prior to renewal, your account will be renewed for a new term, so please be sure to fill out the cancellation form located above if you do not want to renew. The renewal fee will become non-refundable as soon as it is charged. Your account renew dates are always listed in clients.ordersvc.com.
Acceptable Use/Illegal Activity
WebInvent strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:
- Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
- Linking to any content that violates another's right of publicity or privacy.
These Terms of Service May Change
Due to our evolving business, and the changing nature of the Information Technology industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.
If WebInvent is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if WebInvent is found liable or pays to settle the dispute. In legal terms, this is called "indemnification." Not only do you agree to reimburse WebInvent for what it pays to satisfy a judgment or settle a case, you also agree to pay WebInvent's reasonable attorney's fees and all other costs WebInvent incurs in defending itself.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. WEBINVENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEBINVENT MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WEBINVENT DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, WebInvent cannot be held liable for it. IN NO EVENT SHALL WEBINVENT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF WEBINVENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of WebInvent due to your enrollment in the affiliate program,
Governing Law and Choice of Form
The laws of United States, the State of New York and the County of Queens will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in the Queens County, New York, New York. When These Terms Take Effect
This agreement becomes effective once you submit your order with us or open an account with us for online order fulfillment services. If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to call us for clarification.
By using WebInvent you agree to the above terms of service.