THE FOLLOWING TEXT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH 2CREATE LTD DBA IN-HOUSE TEAM, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of services through www.in-houseteam.com (the "Site"). These Terms are subject to change by 2Create Ltd DBA In-HouseTeam (“In-HouseTeam”)] (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of, and agreement to, such changes.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a Price Quote. The formation of the contract of sale between In-HouseTeam and you will not take place unless and until you have accepted the provided Price Quote. You have the option to cancel your order at any time before you have accepted the Price Quote.
- Prices; Payment Terms; Invoicing; Project Changes.
- Prices and delivery times offered by In-HouseTeam vary depending upon the size and complexity of the project you require. Please understand that prices listed on our website are merely illustrative and nonbinding. In fact, after you inform us of the details of your project, our project managers will review those details as well as the overall scope of the project, discuss with you these details and scope, formulate a price quote for your project and inform you of the quote and the considerations upon which the quote was formulated (a “Project Manager Price Quote”). The Project Manager Price Quote will not include any taxes. All such taxes will be added to your invoice total. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
- Terms of payment, unless otherwise described in clause (c) below or as agreed by us in writing, will be as follows:
- A payment equal to 50% of the invoice total must be received by us before we begin coding or design work on the project. We accept Visa cards, MasterCard, AMEX cards, PayPal, TransferWise and bank wire payments for all purchases. You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, and (iii) charges incurred by you will be honored by your credit card company.
- The balance of the invoice total (“Final Project Amount”) will be due and owing by you upon project completion and must be received by us before we make the final files accessible to you for download.
- However, for first time customers, we offer for a first project to perform and deliver to you for your evaluation a small portion of work (approximately $400 worth) before requiring a down payment for your evaluation. Should you elect to proceed with the project, we will then require you to remit the first installment described in clause (b)(i) above (with clause (b)(ii) to apply to the second installment. If, however, you wish to cancel the project after receipt of this preliminary work, you understand and agree that you are prohibited from further using the programming/design work so furnished.
- You will receive an automatically issued invoice for payments but, in general, only after the payment is processed and recorded in your customer profile on our communication area. Invoices on payments cleared with bank transfers are usually issued within two to three business days following receipt of funds. However, your project manager has discretion whether to issue an invoice before receipt of payment in cases where you require payment approval from some authority which cannot be obtained without an invoice.
- The Project Manager Price Quote will cover only work detailed in the order for which the quote was given. If you wish to order any additional work, you must submit a new order in accordance with the procedures set forth in Section 2.
- LIMITED WARRANTY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
WE WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A WORKMANLIKE/PROFESSIONAL MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME JURSDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
- Who May Use This Warranty?
This limited warranty extends only to the original purchaser of services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
- What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in services purchased from the Site.
- What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
- improper use;
- failure to follow any specific instructions relating to the services or to perform any preventive maintenance;
- combination or use with any products, processes, systems or other matter not provided or authorized in writing by In-HouseTeam;
- Errors, delays or difficulties caused by the customer;
- external causes such as accidents, abuse, or other actions or events beyond our reasonable control; or
- code incompatibilities with browser versions, web technologies or plug-in versions (x) not existing at the time of the project development or (y) different from any such versions or technologies specifically provided in the project order documentation.
- What is the Period of Coverage?
This limited warranty starts on the date we make the final project files accessible for you to download and lasts for 14 days the "Warranty Period". The Warranty Period is not extended if we re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
- What Are Your Remedies Under This Warranty?
With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services. If we refund the purchase price, you must immediately discontinue using any of our furnished coding or design work.
- How Do You Obtain Warranty Service?
To obtain warranty service, you must email the project manager you’re working with during the Warranty Period.
- Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed in Section 9 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
- Intellectual Property Rights.
- For the purposes of these Terms, “Intellectual Property Rights” shall mean: patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- Upon our receipt from you in good funds of the Final Project Amount and our making the final files accessible to you for download, you will receive all Intellectual Property Rights in and to the design and code produced by us in fulfillment of your order for project services contemplated by these Terms.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Republic of Bulgaria without giving effect to any choice or conflict of law provision or rule (whether of the Republic of Bulgaria or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Republic of Bulgaria.
- Dispute Resolution and Binding Arbitration.
- Disputes. The terms of this Section shall apply to all Disputes between you and In-HouseTeam, except for disputes which may not be resolved lawfully by arbitration under the laws of the Republic of Bulgaria (“Non-Arbitrable Disputes”). For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and In-HouseTeam arising under or relating to any In-HouseTeam services or products, its websites, these Terms, or any other transaction involving you and In-HouseTeam, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law.
- The arbitration will be referred for resolution to the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry in compliance with its Rules for Litigations, based on arbitration agreements.
- You agree to an arbitration on an individual basis. In any Dispute, NEITHER YOU NOR IN-HOUSETEAM WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- You and In-HouseTeam agree that any controversy Non-Arbitrable Dispute shall be filed only in the courts of competent jurisdiction located in the City of Sofia, Republic of Bulgaria, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You also agree to waive the right to trial by jury in any such Non-Arbitrable Dispute.
- If any provision of this Section is found unenforceable, the unenforceable provision will be severed and the remaining terms will be enforced.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 10 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of In-HouseTeam.
- No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier; or (ii) by registered or certified mail to 2Create Ltd DBA In-HouseTeam, 8 Neptune street, Western Industrial Area, Varna, Bulgaria. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.