NYDVS Terms of Service

Terms of Service

NYDVS Terms of Service

Terms of Service

The following document outlines the terms of use of the NYDVS website. You can also review our Privacy Policy, which outlines our practices towards handling any personal information that you may provide to us.

Before using any of the NYDVS services, you are required to read, understand and agree to these terms.

Acceptance of Terms

The web pages available at nydv.com and all linked pages (“Site”), are owned and operated by NYDVS, INC. (“NYDVS”) and is accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site.

Description of Service

The Site is an online service offering maintenance packages and other web development services. Services include, but are not limited to, any service and/or content NYDVS makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.

Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of NYDVS. NYDVS reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.

Payment

The complete cost of your purchased NYDVS service that may be billed by NYDVS is the sum of

(A) The Service Subscription Fee

(B) Any additional hours you may buy from NYDVS

The Service Subscription Fee and any additional allotted hours are automatically charged to your credit card on your NYDVS online account. For additional information on the fees for our services, please contact customer support. Refusal to pay or rejection of any fees is ground for immediate account suspension and/or termination.

Registration

As a condition to using Services, you are required to open an account with NYDVS and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your NYDVS account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your NYDVS account.

Services are available only to individuals who are at least 18 years old.

Release and Indemnity

You hereby expressly and irrevocably release and forever discharge NYDVS, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless NYDVS, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) the use of the Services, by you or any person using your account or NYDVS Username and password, or (iii) any violation of any rights of a third party.

Limitation of Liability

In no event shall NYDVS be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.

Intellectual Property

NYDVS, nydvs.com and other NYDVS INC graphics, logos, designs, page headers, button icons, scripts, and service names are intellectual property of NYDVS. NYDVS’s intellectual property may not be used in connection with any product or service without the prior written consent of NYDVS. The images and icons available in the NYDVS Press Kit may be used by partners and third party sites in connection with providing appropriate links to the NYDVS Site.

Support Requests & Monthly Support Time

Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please e-mail support@nydvs.com or create a ticket at http://xxx.nydvs.com.

Nature of Requests

Requests should fall within the following categories.

  • UI troubleshooting (HTML, CSS, Javascript)

  • Styling elements with CSS

  • Content Population & Image Manipulation

  • Creation of basic graphics (e.g. buttons, banners, etc.)

  • WordPress consulting (pick our brains)

  • Optimization of CSS, Javascript and Images

  • Theme/plugin audits

  • Plugin installation and implementation

  • Bug fixing

  • All other categories are listed on the following website page: http://nydvs.com/about-us/our-expertise

If you’re unsure about the whether or not a request meets these criteria, submit it as a ticket to our support system and we will either accept the ticket or deny the ticket based on managerial approval.

Copyright and Proprietary Rights Information:

NYDVS.com reserves the right to edit, correct and/or modify nydvs.com at any time without notice. Any content taken from nydvs.com must be exclusively for your personal non-commercial use. Any other activity or use of nydvs.com content is a violation of United States intellectual property laws including but not limited to copying other than on an isolated basis for personal use; modifying the content; and publishing, transmitting, creating derivative works from, transferring, selling or displaying the content of the site, is prohibited.

Termination & Cancellation

Cancellation can occur at any time after your first 2 months (60 days) of service. You’re never required to stay with us – in fact, we’d prefer you have the option to leave if you’re unhappy with our service and give us feedback (LINK to feedback page) on how we can serve you better.

NYDVS may terminate or suspend any and all Services and/or your NYDVS account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your NYDVS account, you must contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You can contact us through the contact page or support area to issue a termination request.

Change

NYDVS reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, NYDVS will notify you by posting an announcement on the site. What constitutes a material change will be determined at NYDVS’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

Miscellaneous

You do not have any authority of any kind to bind NYDVS in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. NYDVS shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond NYDVS’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. NYDVS may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within New York between two residents thereof, and the parties submit to the exclusive jurisdiction of New York courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.