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Terms and Conditions - Dafixer's Hideout - Blog of Umar H. Soaries

Terms and Conditions

Terms and Conditions
Dafixer’s Hideout – (DBA Umar H. Soaries)
AGREEMENT REGARDING USE OF Dafixer’s Hideout SERVICES AND WEBSITE(S)

Please review the following terms and conditions carefully.

These Terms and Conditions Regarding Use of Dafixer’s Hideout (DBA Umar H. Soaries)’s Services and Web Site(s) is a legally binding contract between you (“You” or “Your”) and Dafixer’s Hideout (DOB Umar H. Soaries, including its affiliated companies (collectively, “Dafixer’s Hideout (DBA Umar H. Soaries),” “We,” “Us” or “Our”) regarding Your visit to and use of Dafixer’s Hideout (DBA Umar H. Soaries)’s web sites (the “Site(s)”) and Your use of the various products and services that can be purchased on the Sites or are otherwise referenced on the Site(s).

Among other things, this Agreement includes an Alternative Dispute Resolution (“ADR”) Requirement that applies to any and all disputes and claims (including any legal disputes and claims) that may arise between You and Us.  By accessing the Site(s), You indicate Your acknowledgment and acceptance of this Agreement, including the ADR Requirement by contract, invoice payments, or membership on Dafixer’s Hideout Blog.  Without limiting the foregoing, You acknowledge and agree that the use of the Site(s) is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation the ADR Requirement.

Permitted Use of the Site(s)

By using the Site(s), You agree at all times to use the Site(s) lawfully consistent with this Agreement.  By agreement via contract and/or payment of invoices (down payment & final payment) You agree at all times to use the Site(s) lawfully consistent with this Agreement.

Age Requirements

In order to purchase the products and services using the payment method displayed on the Site(s), you must be at least 18 years of age or over.  By using the Site(s), You confirm that You possess the legal authority or can get permission from legal authority (parent, spouse, sibling, friend, etc) to enter into the conditions of use for the Site(s), including instructing Dafixer’s Hideout (DBA Umar H. Soaries to collect any payments from a credit or debit card, and to use the Site(s) in accordance with all terms and conditions.  You confirm that all information supplied by You in using the Site(s) is true and accurate.

Website Development/Website Design Services

About Projects

Dafixer’s Hideout (DBA Umar H. Soaries) starts working on a project upon receipt of a down payment. Unless otherwise specified in writing, the client is charged the remaining balance upon completion of the project. Websites are made live upon completion of the project when all payments are cleared. If applicable, hosting and domain name registration fees must be paid every month.

  1. Additional services come at additional fees, on a fee for service basis or on an hourly rate. If clients require additional services, the correspondent fee is added to their invoice and they are charged accordingly.
  2. Delays in project completion may occur when:
    • There is a delay in the receipt of any materials from the client
    • There is a delay in any payments
    • The client requests further changes in the design, structure, or content of the project
    • The client purchases an additional service related to the project
    • Time frame estimates are approximate only and are subject to change at any time at Dafixer’s Hideout (DBA Umar H. Soaries)’s discretion. At any time, and at its whole discretion, Dafixer’s Hideout (DBA Umar H. Soaries)’s may decide to put a project on hold.

3. All of our services are satisfaction guaranteed. We don’t stop working until our clients are completely satisfied with their solution. That is our commitment. However, Dafixer’s Hideout (DBA Umar H. Soaries) will under no circumstances be held responsible to satisfy unreasonable expectations or request Dafixer’s Hideout (DBA Umar H. Soaries) discretion to decide whether or not a request or an expectation is reasonable or lies within the scope of offer of services to its client. As an example, if the client purchases a certain service, but in order to be fully satisfied, Dafixer’s Hideout (DBA Umar H. Soaries) judges that an additional service is necessary, then it is no longer Dafixer’s Hideout (DBA Umar H. Soaries)’s responsibility or commitment to satisfy the client. In other words, Dafixer’s Hideout (DBA Umar H. Soaries) guarantees 100% satisfaction within the framework of its original agreement and terms and conditions herein with the client, according to Dafixer’s Hideout (DBA Umar H. Soaries)’s understanding.

4. Services or part of services (i.e. elements of a project) that have been approved by the client are considered as services with which the client is satisfied. Any further work on these services (elements of the project) will be invoiced accordingly.

5. Unless clearly specified otherwise, all project statuses are set as “completed” after a 2 month period has passed (calculated from the first payment date). This means no more work will be done on that project and no service will be provided. This doesn’t apply to host services, graphic design/editing, or future site updates and/or maintenance which are usually provided independently of the project status, and only according to the client’s payments.

6. If the client is not satisfied with Dafixer’s Hideout (DBA Umar H. Soaries)’s Services, the client can ask request a refund within 15 days of final payments. Down payments are not refundable after 30 from the start of the project. Dafixer’s Hideout (DBA Umar H. Soaries) will be happy to exercise a refund after review of reasons for the request. Dafixer’s Hideout (DBA Umar H. Soaries) is under no obligation to refund the first or final payment after 30 days of project completion.

7. Hosting is the physical server space given to each website. Dafixer’s Hideout (DBA Umar H. Soaries) reserves the right to charge or not charge for hosting depending on the project at my discretion. Hosting starts at $25.00 US dollars and can be increased or decreased at any time without notification. Dafixer’s Hideout (DBA Umar H. Soaries) pays for the server space all websites rest on as a hosting reseller.  Use of this space for website development or design and/or hosting rental is on my terms therefore price is set depending on client and project.  This allows flexibility in what I charge a client as well as provide opportunities for clients to receive service rates reasonable to their budget.  However, prices and terms of hosting may be altered depending on the needs and circumstances of Dafixer’s Hideout (DBA Umar H. Soaries).

8.  Dafixer’s Hideout (DBA Umar H. Soaries) reserves the right to terminate any relationships and/or projects without notification.   Reasons for termination might be sent via email, text, or social media but Dafixer’s Hideout (DBA Umar H. Soaries) is under no obligations to provide an explanation.  Termination is subject to the discretion of Dafixer’s Hideout (DBA Umar H. Soaries).

Prices and Payments

Please keep in mind that for security reasons, Dafixer’s Hideout (DBA Umar H. Soaries) always:

Prevents unauthorized access, maintains data accuracy, and ensures the correct use of information, through appropriate physical, electronic, and managerial procedures to safeguard and secure the information it collects online and offline.

Hires the services of reliable third party companies/contractors/gig workers to manage credit card information and payment gateway secured encryptions for the websites of its clients. Such companies charge fees per transaction and/or fees per month for which the client is responsible. Most such companies offer various fee plans to best suit the needs of the client’s business depending on the volume of the client’s online transactions.

About this site

All prices appearing on this site or quoted are subject to change without notice. Prices are solely informative and Dafixer’s Hideout (DBA Umar H. Soaries) is not necessarily committed to them for your project. To receive a free quote for your project, please send a request via the contact page.  Prices of merchandise, website development, website design, graphics, updates, maintenance, and/or hosting are subject to change as the descretion of Dafixer’s Hideout (aka Umar H. Soaries.)

  • Promotional offers are not cumulative.
  • All the pictures shown on this web site are solely representative.

About Dafixer’s Hideout (DBA Umar H. Soaries)’s web design projects

Dafixer’s Hideout (DBA Umar H. Soaries) doesn’t assume any responsibility or liability for the content of the websites it designs and/or hosts. Dafixer’s Hideout (DBA Umar H. Soaries) has no control over any information, materials, or products found thereon. Dafixer’s Hideout (DBA Umar H. Soaries) doesn’t serve as a consultant for its clients, and they are entirely responsible for all that is found on their websites.

Because of the nature of web design and programming work, websites always appear differently on different computers. Screen resolution, operating system, and browsing software are just a few examples of variables that may affect the way a website looks. The client must be aware of these possible variations and Dafixer’s Hideout (DBA Umar H. Soaries) will not be held responsible for them.

Dafixer’s Hideout maintains a floating office withing New York City.  The majority of website development and design and development is done by my tools and equipment.  Project management and leadership for the projects are done in New York.  Dafixer’s Hideout (DBA Umar H. Soaries) is the owner of all works and materials produced within the scope of any given project with the sole exception of:

  1. Domain Name – to be purchased. maintained and updated by the client
  2. License, copyright or trademark materials by client or third party
  3. CMS theme or template purchased by the client

Dafixer’s Hideout (DBA Umar H. Soaries) is based in New York recruits 3rd party gig workers/contractors from all over the world.  Sometimes directly, sometimes through 3rd party vendors or social media. Dafixer’s Hideout (DBA Umar H. Soaries) hires and has the right to fire gig workers/contractors based on their performance. Dafixer’s Hideout (DBA Umar H. Soaries).

Passwords/Logins

Certain portions of the Site(s) may be protected by passwords or require a login.  If You have been given a password or other PIN for access to non-public areas of the Site(s), You are solely responsible for all activities occurring in connection with or originating from such a password or PIN.  You should take steps to protect the confidentiality of such password or PIN and notify Dafixer’s Hideout (DBA Umar H. Soaries) immediately if You become aware of any disclosure, loss, theft, or unauthorized use.

Passwords for websites developed or designed by Dafixer’s Hideout (DBA Umar H. Soaries (CPanel/WordPress) are created and controlled by Dafixer’s Hideout.   Password information should be provided within 15 days of receipt of the final payment.  If you have not received password information for CPanel and/or WordPress you must send a request within 30 days of site contract completion indicated by receipt of final payment for website development/design services.  Prices are set by Dafixer’s Hideout (DBA Umar H. Soaries) and specifically included the development and design of websites.  It is your obligation to keep all record provided and any request of records could me with extra charges.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties

The Site may leverage Google Analytics and similar analytics and/or Internet-based advertising tools through cookies. You can learn more about how Google uses data when you use their partners’ sites or apps here:  https://www.google.com/policies/privacy/partners/. The Site may use the following features in conjunction with Google Analytics: Remarketing with Google Analytics, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting.

Credit Card Payments

All payment transactions are handled by Dafixer’s Hideout (DBA Umar H. Soaries).  Your credit/debit card and related personal details are collected by Dafixer’s Hideout (DBA Umar H. Soaries) in order to process your order.

You agree that You are responsible for all charges incurred by Your use of the Site(s), including all bookings. You expressly authorize Dafixer’s Hideout (DBA Umar H. Soaries) to charge the credit card provided by You or listed on Your account for any outstanding fees or costs due to Dafixer’s Hideout (DBA Umar H. Soaries). If the credit/debit card holder for bookings is not You, it will be Your responsibility to ensure that You have the card holder’s consent before entering any related details and that such details when entered are true.

Improper Use of the Site(s)

You shall not attempt to gain access to the Site(s) through any means not intentionally made available by Us for Your specific use.  You shall not interfere with or disrupt the Site(s) or servers or networks connected to the Site(s).  You shall not upload onto the Site(s), or otherwise use the Site(s) or any products or services provided by Us for, any destructive or unlawful purposes including, but not limited to, the dissemination of any information or material, including without limitation: computer viruses; advertising or promotional material; solicitations; libelous or inflammatory materials; pornographic or obscene information; invasion of privacy or collection or use of other users’ data; stalking or harassment; abuse; tortious conduct; hateful or racially, ethnically or otherwise objectionable material; or any works infringing upon the patents, copyrights, trademarks, trade secrets or other proprietary rights of third parties.  You shall not download any portion of the operating software for the Site(s) or otherwise control its operation.  You shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site(s) or any products or services referenced on the Site(s).  IMPROPER USE OF THE SITE(S) OR THE INFORMATION, PRODUCTS OR SERVICES OFFERED ON THE SITE(S) MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.

Trademark notice

All trademarks and service marks used on the Site(s) belong to Dafixer’s Hideout (DBA Umar H. Soaries), except third-party trademarks and services marks, which are the property of their respective owners.  You are not authorized to use any such trademarks without Dafixer’s Hideout (DBA Umar H. Soaries)’s or their respective owners’ prior written consent.

Copyright notice

All information, data, text, software, music, sound, photographs, graphics, audio, video, messages, or other materials, whether publicly posted or privately transmitted, are the exclusive property of Dafixer’s Hideout (DBA Umar H. Soaries) or its third-party licensors and are protected by international copyright laws and other intellectual property rights.  You may download or print individual pages of the Site(s) for Your personal use; provided that You do not modify or delete any of copyright and other proprietary notices on those pages.

Disclaimers

This information published on the Site(s), including links to other sites, is provided as a convenience to visitors and should be used for information purposes only.  While We use all reasonable efforts to ensure that the information contained on the Site(s) is current, accurate and complete at the date of publication, no representations or warranties are made (express or implied) as to the reliability, accuracy or completeness of such information, or as to the reliability, accuracy or completeness of information on linked sites.  We are not liable for any loss arising directly or indirectly from the use of, or any action taken in reliance on, any information appearing on the Site(s).  THE INFORMATION ON THE SITE(S) IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR ACCURACY.  UNDER NO CIRCUMSTANCES WILL DAFIXER’S HIDEOUT (DBA UMAR H. SOARIES) BE LIABLE IN ANY WAY FOR ANY INFORMATION, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY INFORMATION, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE(S).  YOU AGREE THAT DAFIXER’S HIDEOUT (DBA UMAR H. SOARIES) AND ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OR PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE DELAY OR INABILITY TO USE THE SITE(S) OR ANY OF THE PRODUCTS, SERVICES OR LINKS OFFERED ON THE SITE(S), EVEN IF DAFIXER’S HIDEOUT (DBA UMAR H. SOARIES) IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Availability of Site(s)

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site(s) or any products or services offered on the Site(s) without notice.  You agree that We shall not be liable to You or to any third party for any modification, suspension, discontinuance, or unavailability of the Site(s) or any products or services offered on the Site(s).

Modifications to the Content and Product Offerings on the Site(s)

We reserve the right to make changes or corrections, alter, suspend or discontinue any aspects of the Site(s) or the content or the products or services available through the Site(s) without prior notice.  However, We will honor any existing bookings or provide a refund in the event of unavoidable cancellations.

Promotion of Services

The purpose of the Site(s) is to solely advertise and promote consumer services provided by Dafixer’s Hideout (DBA Umar H. Soaries).  Nothing on the Site(s), including any statements regarding Dafixer’s Hideout (DBA Umar H. Soaries)’s expectations or beliefs, constitutes a solicitation to buy stock or securities, and no statement or information included on the Site(s) is intended as a prediction of CitySight NY’s future profitability or business results or should be construed as such a prediction.

Indemnification For Claims Relating to Your Use of the Site(s)

As a condition of Your permitted use of the Site(s), You agree to indemnify and hold Dafixer’s Hideout (DBA Umar H. Soaries) and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any information that You submit, post to or transmit through the Site(s), Your use of or connection to the Site(s), Your violation of this Agreement, or Your violation of any rights of a third party.

Lost or Stolen Property

We shall not be responsible for any lost or stolen property, regardless of whether the property is lost or stolen in connection with Your use of the Site(s) or any other service provided by Dafixer’s Hideout (DBA Umar H. Soaries).

Alternative Dispute Resolution (“ADR”) Requirement

(a) By using the Site(s) and any services obtained through the Site(s), including the purchase or use of tickets, You and Dafixer’s Hideout (DBA Umar H. Soaries) agree to resolve any and all disputes and claims (all disputes and claims are referred to below as “Claims”) that may arise between us in individual binding arbitration, as enforceable under Section 2 of the United States Federal Arbitration Act (the “ADR Requirement”).  Except as stated in paragraph (e) below, this ADR Requirement applies to every aspect of the relationship between You and Dafixer’s Hideout (DBA Umar H. Soaries), including any Claims that either of us may have in contract, tort, or under any other legal theory, and including without limitation Claims for personal injury, property damage, or any other kind of damage, loss or wrong.  By agreeing to arbitration, You and Dafixer’s Hideout (DBA Umar H. Soaries) are giving up the right to sue one another in court and to have a trial before a judge or jury.

(b) It is an essential term of this ADR Requirement that both You and Dafixer’s Hideout (DBA Umar H. Soaries) may seek remedies only for their own individual Claims, that neither you nor Dafixer’s Hideout (DBA Umar H. Soaries) shall have any right or option to have any Claim heard as a class action or in any other proceeding in which either of You or Dafixer’s Hideout (DBA Umar H. Soaries) acts or proposes to act in a representative capacity, and that no arbitration shall be combined with another arbitration or other proceeding without the prior written consent from both you and Dafixer’s Hideout (DBA Umar H. Soaries).  This limitation is called a “class action waiver.”  Because the class action waiver is an essential part of this ADR Requirement, this requirement shall be null and void with respect to any Claim with for which the class action waiver is limited or determined to be unenforceable, and such Claim may only be brought in court.

(c) You and Dafixer’s Hideout (DBA Umar H. Soaries) agree that the substantive law for deciding all Claims between us shall be the law of the State of New York, without regard to New York’s choice of law rules.  You further agree that the statute of limitations for any Claim You may have against Dafixer’s Hideout (DBA Umar H. Soaries), or that Dafixer’s Hideout (DBA Umar H. Soaries) may have against You, shall be one year; in other words, if You have any Claim against Dafixer’s Hideout (DBA Umar H. Soaries), You must assert it in arbitration within one year from the date the claim arose, and any Claims not brought within such period of time shall be deemed waived.  The same time limitation applies to any Claim Dafixer’s Hideout (DBA Umar H. Soaries) may have against you.

(d) You and Dafixer’s Hideout (DBA Umar H. Soaries) agree that any arbitration shall be conducted before the American Arbitration Association (the “AAA”) (using the AAA’s Supplementary Procedures for Consumer-Related Disputes and the AAA’s Commercial Arbitration Rules Expedited Procedures, if applicable), in English, at a location in New York County (Manhattan), New York State, United States of America.  A copy of the AAA’s arbitration rules, including directions for filing a request for arbitration, is available through the AAA at 1633 Broadway, 10th floor, New York, NY 10019 (phone:  1-800-778-7879), or online at <www.adr.org>.

(e) Notwithstanding any other terms of this ADR Requirement, You and Dafixer’s Hideout (DBA Umar H. Soaries) agree that either of us may litigate any Claim in the small claims court of New York County (Manhattan), New York, if the Claim meets all requirements to be heard in that court, but if such a Claim is transferred, removed or appealed to a different court, you and Dafixer’s Hideout (DBA Umar H. Soaries) will each have the right to require that the Claim be arbitrated pursuant to this agreement.

(f) You and Dafixer’s Hideout (DBA Umar H. Soaries) agree that, if either you or Dafixer’s Hideout (DBA Umar H. Soaries) commence an arbitration against the other, arbitration costs, including compensation for the arbitrator(s), shall be split between us according to AAA rules.  Additionally, the prevailing party in any arbitration proceeding commenced pursuant to this ADR Requirement shall be entitled to be reimbursed for its reasonable attorneys’ fees.

(g) If You do not agree to resolve all Claims between us as required by this Alternative Dispute Resolution Requirement, You may return your ticket prior to using it (or cancel an online purchase), and provide Dafixer’s Hideout (DBA Umar H. Soaries) with a statement that you do not agree to be bound by this ADR Requirement, and Dafixer’s Hideout (DBA Umar H. Soaries) will refund the price of your ticket or cancel your online purchase.  Notwithstanding the foregoing, this ADR Requirement will be effective for any and all other Claims relating in any way to the use of the Site(s).

Contacting Us about Terms and Conditions

We hope that You find the Site(s) to be useful and easy to use.  If You have any questions, comments or suggestions, please contact Dafixer’s Hideout (DBA Umar H. Soaries).  See the “Contact Us” page of the Site(s) for details.

General

Failure or delay by Us to enforce an obligation or exercise a right under these terms and conditions does not constitute a waiver of that obligation or right. Dafixer’s Hideout (DBA Umar H. Soaries) reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address to the Site(s).

If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

Dafixer’s Hideout (DBA Umar H. Soaries) reserves the right to modify the terms of this Agreement at any time in its sole discretion by posting a change notice to this page.

See PRIVACY POLICY

 

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