Terms and Conditions for Web Hosting and Additional Services

Introduction

These Terms and Conditions govern the provision of web hosting and additional services ("Services") provided by GemStateDigital.com ("we", "us", "our", "COMPANY") to you. By purchasing or using our Services, you agree to be bound by these Terms and Conditions and any documents referred to herein. If you do not agree to these Terms and Conditions, you must not purchase or use our Services.

Services Provided

We offer various Services, including but not limited to web hosting, SEO services, lead generation, graphic design, website development, branding, website management, and social media management. Detailed descriptions of the scope, features, and limitations of these Services are provided in the Service Agreement or the specific service descriptions on our website. Warranties; All Products And Services Are Sold “As-Is” Or “With All Faults”: COMPANY MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT OR SERVICE EXCEPT THOSE STATED IN THIS DOCUMENT. COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT OR SERVICE, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ALL PRODUCTS OR SERVICES SOLD THROUGH OR BY COMPANY ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE PRODUCTS OR SERVICES IS WITH THE BUYER. SHOULD ANY OF THESE PRODUCTS OR SERVICES PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT COMPANY, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

Payment Terms

Fees for our Services are due as specified in the Service Agreement or invoice. All fees are non-refundable except as expressly provided in these Terms and Conditions. Failure to pay fees by the due date may result in suspension or termination of Services. Refund Policy: All sales are final. We do not offer refunds or credits for services ordered except as specified herein. Refund/Return Policy: Customer may request a refund within 72 hours of his or her initial payment, after such time, considering the type of informational products and services the COMPANY provides, a refund will NOT be issued under any circumstances. Please be aware that our initial agreement outlines the specific services and features to be provided as part of your website setup. If, during the development process or after the completion of your website, you require additional work or features that were not included in our initial agreement, such work will be considered outside the scope of the original project. As such, any additional services or modifications requested that were not agreed upon at the time of purchase will be billed at an hourly rate of $90, with a minimum charge of one hour. This ensures that we can accommodate your needs and requests efficiently while maintaining the integrity and timeline of our work. We are committed to transparency and will always discuss any potential additional costs with you before proceeding with extra work.

Use of Services

You agree to use our Services in compliance with all applicable laws, regulations, and these Terms and Conditions. You are responsible for the content and activities associated with your account. Illegal activities, spamming, and distribution of harmful content are strictly prohibited. We reserve the right to suspend or terminate your Services without notice for violation of these Terms and Conditions.

Intellectual Property

All intellectual property rights in the Services, including any software, documentation, and content provided as part of the Services, are owned by us or our licensors. You are granted a limited, non-exclusive license to use the Services for your business purposes.You retain ownership of any content you upload or create using our Services. However, by using our Services, you grant us a worldwide, royalty-free license to use, reproduce, modify, and display this content as necessary to provide the Services. No Obligation to Remove: COMPANY is not obligated to remove any content from any sites it administers/owns unless such content violates any civil or criminal laws. Any contributions intended for display on this web site via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that COMPANY shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with COMPANY with differing terms or COMPANY has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something that you submit to be published, do not submit it in the first place.

Limitation of Liability

Our liability for any damages arising out of or related to the Services shall be limited to the amount you have paid us for the Services in the twelve months preceding the claim. We shall not be liable for any indirect, special, incidental, or consequential damages, including loss of profits, data, or business opportunity.

PRODUCT/SERVICE PURCHASE AGREEMENT

1. Agreement Acceptance: By using or purchasing the COMPANY's products or services, you agree to these Terms and Conditions. Any modifications by the Customer are considered void.
2. Warranties: The COMPANY disclaims all warranties, express or implied, regarding the products or services, which are sold "as-is" or "with all faults."
3. Product Issues: For concerns regarding the COMPANY's products or services, please contact us through our website.
4. Refund/Return Policy: Refunds may be requested within 72 hours of purchase. Due to the nature of our educational products and services, refunds will not be issued after this period.

Changes to Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time. We will provide notice of significant changes through our website or by direct communication.Your continued use of the Services after such changes constitutes your acceptance of the new Terms and Conditions.

ABOUT THESE TERMS

1. Modification: The COMPANY may modify these terms to reflect changes in law or our services. Check these terms regularly for updates.
2. Conflict of Terms: In case of conflict, specific terms will take precedence over these general terms.
3. Waiver: Failure to enforce these terms does not waive the COMPANY's rights.
4. Jurisdiction and Law: Disputes will be governed by the laws of Wyoming, USA, and must be litigated in Wyoming courts.