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Silvester Design Terms of Use

Last Revised: July 4, 2019

Hey! Welcome to Silvester Design Terms of Service, we cannot wait to get started! Thanks for choosing us!

This policy outlines important legal terms that apply to anyone who visits our website or uses any of our services. These terms are necessary in order to protect both you and us and to make our services possible and more enjoyable for everyone. 

By accessing or using our website or any of our services, you acknowledge that you have read this Terms of Service.

1. Introduction

1.1 Us! 

Silvesterdesign.com is a Free-lance Design company, which offers a wide range of different services including website design on the WIX Platform, Brand Design, Technical Services and more. 

The Client (hereinafter referred to as 'Client') 'Requests for a Quote" for a specific service of the purpose of developing their website, brand or service (hereinafter referred to as 'Product').

 

Our services offer our clients the ability to easily create beautiful and highly functional online and offline presence, to manage and promote businesses, content and ideas.

 

As detailed below, we offer our Clients and users numerous tools and features for creating, publishing and using their stunning products.

1.2 Legal Agreement 

The Silvester Design Terms of Use constitutes a binding and enforceable legal contract between Silvester Design and you in relation to the use of any Silvester Design Services that we offer. 

You may visit and/or use Silvester Design Services only if you fully agree to the Silvester Design Terms. If you do not read, fully understand and agree to the Silvester Design Terms, you must immediately leave our website and avoid or discontinue all use of the Silvester Design Services.

By using our Services, you acknowledge that you have read our Privacy Policy available at https://www.silvesterdesign.com/privacypolicy

2. User Accounts

2.1 Quotes Client Portal

When you request for a quote you will be automatically added to our Client Portal Area. You will receive an automated email. On the first time of login in, you will be required to change your password from the temporary password we provided to a more secure password. 

If you do not continue with your Quote upon receiving your quote back from us. You will remain part of Silvester Design Client Portal. You can request to be taken off at any time by contacting us. 

2.2 Client Portal Area

In order to access and use certain services and features on Silvester Design, you will be invited to join Silvester Design Client Portal by either your Company Administrator or via Silvester Design.  This helps to keep your account access more secure and prevent unauthorised access. 

If anyone other than yourself accesses your User Account and/or any of your User Platforms' settings, they may perform any actions available to you (set by your Company Administrator), make changes to your User Platform and any Product or Company account associated with your account. They may also make add on purchases and may have access to your company's Digital Vault (depending on Administration access Privileges that have been set).

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorised by you, and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when using your User Account and using the Silvester Design Client Portal, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own or ensure that the company's contact and any product account and billing details, including your valid e-mail address are as accurate as possible, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us. 

In case of a dispute on User Account ownership, we and the company admin reserves the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership.

3. Your Obligations

 

3.1 You represent and warrant that:

  1. You are eighteen (18) years of age or above, or the legal age of majority in your jurisdiction and possesses the legal authority, right and freedom to enter into the Silvester Design Terms of Use and to form a binding agreement, for yourself or on behalf of the person or entity committed by to the Silvester Design Terms of Use. 

  2. You are not a resident of (or will use the Wix Service in) a country that the U.S. government had embargoed for use of the Wix Services, nor are you named on the U.S. Treasury department's list of Specially Designated Nationals or any other applicable trade sanctioning regulations [This is because Silvester Design works in association with WIX for Website services and hosts our client portal using a Wix Service] 

  3. Your country of residence and/or your company's country of incorporation is the same as the country specified in the contact and/or billing address you provide us

  4. you understand that Silvester Design will not provide any legal advice for any of your Products unless you have purchased a Maintenance Plan that requests for a Compliance Report. We will only provide suggestions and not requirements for improvements. 

3.2 Content Provided to us for Products

  1.  You confirm that you own all rights in and to any content given over to Silvester Design for use in your Products. This includes any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artwork, interfaces, usernames, information you provide for the purpose of creation, text, literary works and any other materials ('Content'), or otherwise have (and will continue to have) the full power, title. 

  2. you have (and will maintain) the full power, title, licenses consents and authority to allow Wix, Silvester Design or any authorised third-party Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using your User Content.

  3. You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

  4. Where possible files, images are in the highest quality possible. We recommend in formats of JPEG, PNG, SVG

3.3 Your undertake and agree to on any Product / Service​  

  1.  Fully comply with all applicable laws and any other contractual terms which is outlined in your contract with Silvester Design or authorised Third Party, including those specific laws applicable to you or your End Users in any of your geographical locations. 

  2. Be solely responsible and liable with respect to any of the uses of the Wix Services or authorised Third Party Services which occur under any of your products, and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Wix Services);

  3. Allow Silvester Design to use in perpetuity, worldwide and free of charge, any version of your Product(s) for any of Silvester Design's Marketing and promotional Activities, online and/or offline and modify it as reasonably required for such purposes, and you waive any claims against Silvester Design or anyone on its behalf relating to any past, present or future moral rights, artists' rights or any other similar rights worldwide that you may have in or to your Product with respect to such limited permitted uses

  4. Silvester Design's sole discretion as to the means, manner and method for performing services and maintaining services with the associated Third Party Services

  5. Silvester Design shall have the right to offer Maintenance Plans and Add-on Services for their Client Portal and Products that they create in alternative price plans and impose different restrictions and benefits for Products in each price plan, including, without limitation, restrictions on the service we provide.

3.4 You agree and undertake not to on any Product / Service

  1.  Copy, modify, create derivative works of, download without permission from Silvester Design, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble any Product that Silvester Design creates, any Content offered by Silvester Design in conjunction of any Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Silvester Design's prior written and specific consent and/or as expressly permitted under the Silvester Design Terms;

  2. Act in a manner which might be perceived as damaging to Silvester Design's reputation and goodwill or which may bring Silvester Design into disrepute or harm

  3. impersonate any person or entity or provide false information on Silvester Design Products and/or Client Portal, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Wix, Third-Party Services and/or any End Users;

  4. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Silvester Design or any third party endorses you, your User Platform, your business, your User Products, or any statement you make

  5. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Silvester Design Services and/or Licensed Content

  6. violate, attempt to violate, or otherwise, fail to comply with any of the Silvester Design Terms or any laws or requirements applicable to your use for any of your Products. 

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your Client Account and/or any Products provided to you by Silvester Design – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

4. Development of Your Product

 

4.1 Quote Development

Once you have accepted your Quote we will email you a list of questions and provide you with an Upload link to upload any content you may have. Note please refer to Section 3.2 through 3.4 for full information about providing content

4.2 Website Development

​Your Website Product will be developed using the Cloud-based WIX HTML5 Editor, Apps available at WIX platform and WIX Webmaster Tools. Additional services may be used in the creation process. 

4.3 Brand Design 

​Your Brand Product will be developed using Adobe Photoshop, Illustrator or other design products. Additional services may be used in the creation process. 

4.4 Responsibility of Development ​

Silvester Design will make reasonable efforts to create and develop a fully functioning product, our warranty does not cover out of date browsers, devices or any special effects that we have advised you against. Silvester Design is not responsible for an outage of service either from Website Products or Technical Systems caused by glitches/issues with the website or any web application hosting company. Silvester Design will not reimburse any business for any losses during a website or any web application outage, in any circumstances. 

Silvester Design without sacrificing quality and/or design, we try to ensure that the content and functions we build or design into your products are available to all visitors or public members. 

4.5 Assignment of Product

Silvester Design reserves the right, and you hereby agree, to assign qualified subcontractors to this Product to ensure that the terms of this agreement are met by the required deadline. 

4.6 Product-related services

The Client understands that Silvester Design does not provide or own their own website or web application hosting services in connection with any product. Hosting services require a separate contract with the website and any web applications services. The Client will be solely responsible for any and all hosting service charges, Including any paid web applications. Full listings of subscriptions invoices and contracts can be found within the Client Portal Area. 

5. Copyright and Trademarks & e-Commerce Laws

 

5.1 Your Intellectual Property 

As between Silvester Design and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by Silvester Design, including any Design, images, animations, videos, audio, files, font, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Silvester Design doe not claim ownership rights on your Content. For the sole purpose of granting you a service, you know and agree that we will need to access, upload and/or copy your user Content for archival uses, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit. Products using WIX Website Builder will have to abide by Wix Terms Of Use regarding Content and Ownership.  

5.2 Silvester Design's Intellectual Property 

All rights, title and interest in and to Silvester Design Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, Websites, literary work, source and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Silvester Design Services, methods, Products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Silvester Design.

Subject to your full compliance with the Silvester Design Terms and timely payment of all applicable Fees, Silvester Design hereby grants you, upon completion of your Product(s) via Silvester Design and for as long as Silvester Design wishes to provide you with the Silvester Design Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Silvester Design Services and Licensed Content, for the purpose of generating and displaying your Products to End Users, solely as expressly permitted under the Silvester Design Terms, and solely within the Silvester Design Services.

The Silvester Design Terms do not convey any right or interest in or to Silvester Design's Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Silvester Design Terms constitutes an assignment or waiver of Silvester Design's Intellectual Property rights under any law.

5.3 Client Agreement

The Client unconditionally guarantees that any elements of text, graphics, photos, videos, logos, designs, trademarks, or other artwork furnished to Silvester Design and for inclusion in the Product is owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Silvester Design and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client. Please refer to Section 3.2 for more information. 

5.4 Copyright

The Client agrees to provide content to Silvester Design that does not infringe upon any company. The Client also agrees to never upload copyrighted content onto their product or Digital Vault, even after initial production, unless permission from the rightful owner is given. 

5.5 e-Commerce Laws

The Client agrees that they are solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Silvester Design or any other services contemplated herein, and will hold harmless, protect, and defend Silvester Design and its subcontractors from any claim, suit, penalty, tax, fine or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

For Website based products they must abide by WIX's Terms of Use for e-Commerce use. WIX holds the right to pull a website on their platform if it doesn't meet their Terms of Use. Silvester Design holds no responsibility for a product being pulled by WIX.

6. Feedback and Suggestions

 

6.1 Feedback and Suggestions 

If you provide us with any suggestions, comments or other feedback relating to the any Silvester Design Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Silvester Design. By providing such Feedback to Silvester Design, you acknowledge and agree that it may be used by Silvester Design in order to: (i) further develop and improve Silvester Design Services, (ii) provide ongoing assistance and technical support, (iii) to enhance Silvester Design data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

7. Privacy

 

Certain parts of the Silvester Design Services (including certain Client Portal and Third Party Services available therein) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the Silvester Design Services, Wix and such Third-Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the Silvester Design Services and/or User Products. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

8. Promotion of Work 

8.1 Displaying Work 

Silvester Design reserves all the rights to display all aspects of creative work and Products in their portfolios, website, articles, books, magazines or in social media.

For Web-based Products, they must abide by allowing Silvester Design to have their name and linked button to their website. https://www.silvesterdesign.com 

9. Service Fees

9.1 Paid Services

The use of certain Silvester Design Services may be subject to payment of particular fees, as determined by Silvester Design in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Silvester Design will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance in full.

 

Silvester Design reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Silvester Design shall have the right to automatically and without notice renew your subscription to such Silvester Design Service(s) at the full applicable Fee.

 

All Fees shall be deemed to be in GBP Pound Sterling, except as specifically stated otherwise in writing by Silvester Design. To the extent permitted by law (and unless specified otherwise by Silvester Design in writing), all Fees are including of all taxes (including value-added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable taxes relating to your use of the Silvester Design Services, or to any payments or purchases made by you. If Silvester Design is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Silvester Design is not responsible for any such additional fees or costs.

 

As part of registering or submitting information to receive Paid Services, you also authorise Silvester Design (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Silvester Design or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

You must keep a credit card stored with Silvester Design to pay for your Paid Services (“Stored Card”). You will be able to identify your Stored Card by its last four digits as in your Subscriptions Panel on Each Product or in Main Settings of Your Company Account [For Digital Vault upgrades]

9.2 Invoices

Silvester Design and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees, Services or refund made to or by Silvester Design (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your Product's or provided Billing Address and will be made available to you via your Product Billings and Payments Tab on your Product Dashboard and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your Client Portal may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only. 

9.3 Subscriptions Auto-Renewals

In order to ensure that you do not experience any interruption or loss of services, certain Paid Services provided by Silvester Design include an automatic renewal option by default, according to which, unless you notify Silvester Design or get your Company Admin(s) to turn off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, Silvester Design will attempt to automatically charge you the applicable Fees using the nominated 'Stored Card' for each Product, on day of renewal. In the event of failure to collect the Fees owed by you, your service provided by Silvester Design will terminate and cancel, without further notice, this also applies to Yearly subscriptions. When your Renewing Paid Service, Silvester Design will endeavour to provide you notice prior to the renewal of such Paid Service at least two (2) weeks in advance of the renewal date to ensure that payment method is still valid. If the payment method has expired. We will arrange a new Subscription with you with the new payment card. 

By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.  

You may turn off the auto-renewal option for Renewing Paid Services at any time by contacting us directly or getting your Company Admin to cancel from the Dashboard. At this time the Admin user who purchased the plan originally [stated in your Subscription Details] can cancel the plan, or you can contact Silvester Design to cancel the plan for you. Please be advised contacting us your cancellation may not be done immediately so please notify us at least 2 days before the renewal. 

Note: Web-based, Third-Party hosted products and Certain Domains will have to abide by their Subscription Auto-renewals Terms as re-billing period may differ depending on service. 

9.4 Chargebacks

 

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Silvester Design account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Silvester Design Services may be automatically disabled or terminated. 

 

In the event a Chargeback is performed, your Service and/or Product may be blocked without the option to re-purchase or re-use it, and any data contained in such Service and/or Product, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Wix Terms of Use Section 6.3). 

 

Your use of the Silvester Design Services will not resume until you re-subscribe for any such Services, and pay any applicable Fees in full, including any fees and expenses incurred by Silvester Design and/or any Third Party Services for each Chargeback received (including Fees for Silvester Design Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

 

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorise the transaction and make use of the services rendered thereafter.

10. Cancellation

10.1. Cancellation by User

You may discontinue to use and request to cancel any of your Products and/or any Silvester Design Services at any time, in accordance with the instructions available on the Silvester Design Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Silvester Design Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.

 

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (21) days prior to the expiration of the then-current service period.

With any cancellation of Service either from any subscription or Product, Refunds or Partial Refunds cannot be applied. Silvester Design does not hold any responsibility for the loss of earning from failure to cancel a subscription on time if you fail to inform Silvester Design before the 21 day renewal period above. 

10.2. Loss of Data, Content and Capacity

If your Product or any Silvester Design Services or Third Party Services relating to your any of your Products are cancelled (whether at your request or at Silvester Design's discretion), it may cause or result in the loss of certain content, features, or capacity of your Client Portal and/or Product, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Silvester Design shall not be liable in any way for such Capacity Loss, or for saving a backup of your Client Portal and/or Product, User Content or End User data. Please also note that additional Fees may apply to re-activation of a Product and/or any Silvester Design Services following their cancellation, as determined by Silvester Design in its sole discretion.

If a Web-based Product is cancelled the Domain will be re-directed back to Silvester Design until the current subscription of the Domain expires. 

11. Misconduct and Cancellations 

11.1. Misconduct and Abuse

When using the Silvester Design Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Silvester Design with respect thereto.

If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Silvester Design Services, please immediately report such User and/or Third Party Service to us. You agree that your report shall not impose any responsibility or liability upon Silvester Design and that Silvester Design may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

11.2. Cancellation of Product before Completion

If in the event that you need to cancel a product before completion with Silvester Design. Silvester Design holds the right to request for Fee of Work carried out up until cancellation Date. Any Fixed Fee Payments made to any Third Party Services, Silvester Design cannot and will not refund unless the Third Party Service has a 'Money Back Guarantee' clause within their Terms. Please refer to the Third Parties Terms for details regarding 'Money Back Guarantee Clauses.

11.3 Changes to Stated and Agreed Quote

If you have requested Silvester Design to carry out further work which falls outside the agreed Quote. Silvester Design holds the right to charge a further fee of £20per Hour for any work carried out. This is in accordance with your contractual agreement with associated with your Product. 

11.4 Right to Decline Quote and/or Product 

Silvester Design holds the right to cancel and or/ decline a Product and/or Quote at any time if they breach terms below:

  • Activities involving any weapons, ammunition, military arms, explosive devices and firearm parts

  • Adult entertainment, websites & content (such as)

    • Adult book stores, video stores, toys

    • Any products on the internet containing graphic or nude content

    • Audio (phone sex and adult phone conversations)

    • Companion/escort services or dating services (sexually-oriented)

    • Fetish products

    • Membership, clubs, subscriptions

    • Prostitution

    • Gentleman's clubs, topless bars, and strip clubs

    • Video (web-based sexually-oriented video)

  • Bail bonds 

  • Bankruptcy lawyers

  • Betting and gambling, including:

    • Legal gambling where the cardholder is not present when the bet is made as well as for the direct purchase of wagers/chips via payment card

    • Lotteries, including online lotteries

    • Sports forecasting or odds making

    • Internet gambling

    • Business or investment opportunities operating as “get rich quick schemes” (e.g., real estate purchase with "No Money Down", government grants)

  • Collection agencies or firms involved in recovering or collecting past due receivables

  • Counterfeit goods / replicas or those infringing on intellectual property rights, including those designed to infringe on such intellectual property (i.e., knock-offs, imitations, bootlegs) 

  • Credit repair/restoration or card protection (including identity theft protection)

  • Cyber lockers, cloud storage and file-sharing services

  • Data pass (merchants up-selling or cross-selling products to other merchants and then sharing the cardholder data with the third party or receiving cardholder data from third parties)

  • Debt consolidation and mortgage reduction/consulting services

  • Drugs, tools specifically intended for the production of drugs, drug paraphernalia, Illegal drugs, CBD, Hemp, substances designed to mimic illegal drugs, and/or other psychoactive products (e.g.,K2, salvia divinorum, nitrate inhalers, bath salts, synthetic cannabis, herbal smoking blends, herbal incense, and HCG/HGH-like substances)

  • Escort agencies / massage parlors / sexual services

  • Essay mills/paper mills (i.e., ghostwriting services that sell essays, term papers, etc. with intent that the purchaser will submit documentation as their own)

  • Fake references and other services or products that foster deception (including fake IDs and government documents) 

  • Fantasy sports leagues where participants receive cash or cash-equivalents or prizes with/of material value (e.g., electronics, travel, gift cards,cards etc.)

  • Financial services / money service businesses, including:

    • Provider or seller of prepaid access/stored value*

    • Quasi-cash

    • Cash advances (by non-financial institutions)

    • Issuer/seller/redeemer of money orders or traveller’s checks

    • Check cashers

    • Virtual currency or e-wallet or e-money that can be monetized, re-sold or converted to physical/digital goods/services or otherwise exit the virtual world

    • Money Transfer 
      * Open-loop & closed-loop prepaid access includes gift cards, phone cards, subway cards, college campus cards, game cards and other limited-use prepaid access devices when the value can exceed $2,000

  • Games of skill where participants receive cash or cash equivalents or prizes with/of material value (e.g. electronics, travel, gift cards, cards etc.)

  • Illegal products or services or any service providing peripheral support of illegal activities

  • Independent financial advisers (IFA), payday loans and unsecured loan/lines originating from non FDIC insured banks

  • Jammers or devices that are designed to block, jam or interfere with cellular and personal communication device/signals (e.g., GPS), decryption and descrambler products including modchips, spy devices/services/software.

  • Mail order spouse and international match-making services

  • Merchants engaged in any form of deceptive marketing practice including but not limited to:

    • Hidden Disclosure 

    • Bogus claims & endorsements 

    • Pre-checked opt in boxes

    • Refund/Cancellation avoidance

    • Poorly disclosed negative options

    • Merchants offering substantial rebates or special incentives (e.g., free gift, prize, sweepstakes, or contests) as an inducement to purchase products/services

    • Negative response marketing techniques by any type of merchant (i.e. the customer is automatically charged if they don’t return the merchandise at the end of a free trial period) 

  • Merchants utilising tactics to evade Card Brand excessive chargeback monitoring programs

  • Merchants that have ransom-like or extortion-like basis for their business model (e.g., mugshot removal)

  • Multi-level marketing

  • Pets and other live animals, including endangered/threatened species, protected birds and sharks

  • Private medical practices and e-doctors

  • Medical devices (including prescription medical devices such as contact lenses)

  • Products or services specifically offered or intended to be used to create drugs or grow ingredients for drugs (e.g.,'grow shop’ products, seeds for cannabis plants, etc.) 

  • Pyramid selling

  • Timeshare and timeshare maintenance

  • Trade of weapons, ammunition, military arms, explosive devices and firearm parts 

  • Paying fines or penalties of any kind

  • Prescription medicines and pharmaceuticals.

  • Products designed to circumvent copyright protection techniques or to otherwise facilitate the unlicensed use of copyrighted materials (e.g. ‘mod-chips’ to break the encryption of game computers to enable the playing of unlicensed copies of games

  • Products or services that promote hate, violence, discrimination, terrorism, harassment or abuse 

  • Providing gambling services in jurisdictions where this is illegal or (where applicable) offering gambling services without a valid license to the relevant jurisdiction

  • Real estate purchases and / or real estate advertising publications

  • Security brokers and investments of any kind, like the purchase of securities, currencies, derivatives, commodities, shares, foreign currencies, options, other financial instruments or precious metals

  • Services associated with pseudoscience (e.g., clairvoyance, tarot cards, horoscopes, fortune-telling, etc.)

  • Social media “click farms” (i.e. the sale of clicks/likes/reviews/endorsements on social media sites) 

  • Telemarketing companies 

  • Third-party payment processors / aggregators / payment service companies (e.g., bill pay service, crowdfunding, peer-to-peer payments, commissary accounts), payment facilitators, ISO's and other Internet payment service providers (IPSP) / member service provider (MSP) / fulfillment houses, shipping / forwarding brokers 

  • Tobacco & Alcohol product, Businesses selling age or legally restricted products or services (including e-cigarettes)

12. Disclaimer of Warranties 

We provide Silvester Design Services and Products on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Silvester Design Services and/or Products (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Silvester Design Services and/or Products – so please be sure to verify those before using or otherwise engaging them.

 

Silvester Design may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

 

Notwithstanding anything to the contrary in the foregoing, in no circumstances may Silvester Design be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Silvester Design Services and/or Products, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Silvester Design shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter when using Silvester Design Products and/or Services. 

 

You acknowledge that there are risks in using Silvester Design's Services, for example, Wix Services and/or connecting and/or dealing with any Third Party Services through or in connection with Silvester Design, and that Silvester Design cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

 

Please note that certain Services that Silvester Design uses to complete your Product are currently offered in their BETA version, and undergoing BETA testing as Silvester Design is a WIX Partner and has early access to new features and services. You understand and agree that certain Silvester Design Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Wix Services at this BETA stage signifies your agreement to participate in such Wix Services’ BETA testing.

13. Limitation of Liability

 

To the fullest extent permitted by law, Silvester Design, its directors, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Silvester Design  Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Silvester Design Services; (6) events beyond the reasonable control of Silvester Design, including any internet failures, equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Silvester Design Services.

 

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Silvester Design's services to you, and such limitations will apply even if Silvester Design has been advised of the possibility of such liabilities.

14. Indemnity

 

You agree to defend, indemnify and hold harmless Silvester Design, its directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other Silvester Design Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Silvester Design Services, including, without limitation, Silvester Design Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

15. Agreements, Changes & Updates 

15.1 Agreements

Upon acceptance, the Client agrees to the terms, conditions and stipulations of an agreement on behalf of his or her organisation or business.

Any agreement begins with the first non-refundable initial deposit or full payment and constitutes the entire understanding of the parties. Any changes or modifications thereof must be in writing and agreed by both parties. Any changes made to agreements will be located on Silvester Design Client Portal. 

15.2 Changes & Updates 

Silvester Design reserves the right to change, suspend or terminate any of the Silvester Design Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Silvester Design Services (including access to Client Portal and/or Products) for any reason and/or change any of the Silvester Design Terms with or without prior notice - at any time and in any manner.

You agree that Silvester Design will not be liable to you or to any third party for any modification, suspension or discontinuance of those Silvester Design Services.

If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account, continue to support your then-current Silvester Design Services without enabling such changes, or provide you with alternative Services.

15.3 Notices 

We may provide you with notices in any of the following methods: (1) via the Wix Notification Services, located on your main WIX Dashboard for any Web-based product; (2) by e-mail, sent to the e-mail address you provided us for each product or client; and/or (3) through any other means, including any phone number or physical address you provided us. Silvester Design's notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice. These notices are controlled via your Product Notifications Panel, visit our Privacy Policy for more information 

15.4 Changes to Terms of Use

We may update this Terms of Use as required by applicable law, and to reflect changes to our information collection, usage and storage practices. If we make any changes that we deem as “material” (in our sole good faith discretion), we will notify you using one of the notification methods (Section 15.3 of the Terms of Use) prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Unless stated otherwise, our most current Terms of Use applies to all information that we have about you and your Users-of-Users, with respect to our Website, Silvester Design and other Services.

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