Access to the Site and Services

By accessing, browsing, and using the Site and its services (the "Services"), you ( "you" or the "User" or the "Client") accept, without limitation or qualification, these T&C. If you do not wish to be bound by these T&C, you should not use the Site and its Services. By using the Services or the Site, you represent and warrant that you are 16 (sixteen) years of age or older and that you accept and agree to abide by all of these T&C and Privacy Policy. The Site may, without notice to you, add additional features or change or eliminate features or Services, change nomenclature, and make other changes at any time, which will be subject to these T&C.

By accessing or using this Site, you acknowledge that P2H and Web Processing Services Sp.zo.o. (“WPS”) or P2H Europe LTD (“P2H Europe”) have entered into a partnership for joint projects and collaborations regarding Service. This partnership aims to leverage the expertise and resources of both parties to deliver high-quality solutions and Services to Clients.

Privacy Policy

Like you, we are Internet users and are concerned about privacy during your access and use of this Site and its Services. Please carefully review our Privacy Policy regarding our collection, use, storage, sharing and protection of your information and personal data. Should you have any additional questions about our Privacy Policy, please use our contact form, and we will address your question or issue as soon as possible.

Intellectual Property Rights

You acknowledge that the Site, its Services, any underlying technology used in connection therewith, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within the Site are protected by U.S. Copyright and Trademark laws. Except as expressly authorized by P2H or any relevant third parties, or as may be posted on the Site, you shall not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. You shall not store any of the Content or the Services owned by or licensed to P2H in any form, whether archival files, computer-readable files, or via any other medium. You also shall not "mirror" or reverse engineer any Content or the Services on any other server. We permit you to download and print a reasonable number of copies of Content for non-commercial or personal use only; provided that (i) any permitted copies of Content contain, in an unmodified form, any copyright or other proprietary rights notices contained in the Content and an original source attribution to the Site and the applicable URL, and (ii) no modifications of any of the Content are made except as may be expressly provided by P2H or any relevant third parties on the Site containing the applicable Content. You acknowledge that P2H and/or any relevant third parties remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading or printing the Content.

Notwithstanding stated above, P2H hereby transfers and assigns to you the entire right, title and interest of P2H in and to all intellectual property made, discovered, invented, authored, created, developed, originated or conceived by P2H for you, solely or jointly, during the period of Services provision (the "Creations") after you fulfill all your obligations towards P2H.

You covenant and agree that you shall not provide any information, data, software, tools and other materials in which a third party has a proprietary interest for use in the Service provision and/or inclusion in the Creations unless such third party intellectual property is properly licensed for such use.

Client ensures that all content uploaded, posted, or distributed via the Site staging platform does not infringe upon the copyrights, trademarks, or any other intellectual property rights of any third party. It is the responsibility of the Client to verify that they have the legal right to use the content, which includes obtaining necessary licenses or permissions where applicable.

The unauthorized use of copyrighted materials, including but not limited to reproduction, distribution, or public display, without explicit authorization from the copyright holder is strictly prohibited. Client found to be uploading or using copyrighted content without proper authorization will have such content removed immediately, and may face suspension or termination of their access to the staging platform.

Client is prohibited from uploading, storing, or distributing any content that is illegal, including but not limited to obscene material, defamatory material, or material that promotes discrimination, hate crimes, or illegal activities.

Client may have the ability to install third-party plugins or add-ons on the staging platform. While P2H provides this functionality, it is the responsibility of the Client to ensure that any plugins or add-ons are safe and do not contain malicious software.Client must verify the security and integrity of plugins before installation and are encouraged to use only reputable sources.

Trademarks

P2H^® and PSD2HTML^® are trademarks and service marks owned by P2H Inc. The domain names www.psd2html.com and getdevdone.com are operated by P2H Inc. Any unauthorized use or claim of ownership of either the marks or the domain name will be prosecuted to the full extent of the law.

Offensive Conduct Policy

We wish for all of our Users to have a pleasant experience while visiting this Site. Accordingly, the use of hateful, offensive, profane, racist, sexist, vulgar, or otherwise inappropriate conduct or language on this Site is not permitted and will not be tolerated. Additionally, we will not perform Services for any User whose content includes, promotes or distributes material reasonably considered to be illegal as well as content which promotes terrorism, hate crimes, or other objectionable material. P2H does not permit the posting or publication of material that contains pornography, abuse, dangerous or illegal activities, terrorism, hate crimes, or any other objectionable or illegal material. P2H reserves the right to refuse service to anyone posting or publishing such materials without notice or further justification. P2H reserves the right to reject, remove, or otherwise exclude any such language from use on this Site. Moreover, P2H reserves the right to prevent any User who is in violation of these T&C from making future postings on this Site.

Disclaimer of Warranty

THE USER AGREES THAT, EXCEPT AS OTHERWISE MIGHT BE EXPLICITLY PROVIDED HEREIN, ACCESS TO THE SITE, AND USE OF THE SERVICES IS AT THE USER’S OWN RISK. NEITHER P2H NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AFFILIATES, OR AGENTS (THE "REPRESENTATIVES") WARRANT THAT THE SERVICES MAY BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY, OR CONTENT OF THE SERVICES. ALL SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL P2H OR ITS REPRESENTATIVES BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF P2H HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THE USER’S USE OF OR INABILITY TO ACCESS THE SITE, OR TO USE ANY OTHER SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO P2H’S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES P2H’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, NOT TO EXCEED THE AMOUNT PAID FOR THE SERVICES.

NOTHING IN THESE T&C SHALL AFFECT THE STATUTORY RIGHTS OF ANY USER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD ON THE PART OF P2H.

Indemnification

You agree to indemnify and hold P2H and its Representatives, harmless from any claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of information submitted by, posted to, emailed, or otherwise transmitted by you through the Site, your use of the Services, your connection to the Services, or your breach of these T&C.

Designated Agent

All inquiries into alleged trademark or copyright infringement on the Site or its Services should be directed to P2H Inc., 6920 S. Cimarron Rd, Las Vegas, NV, 89113, USA.

Local Laws; Export Control

P2H controls and operates this Site from its headquarters in the United States and makes no representation that the Content, the Services and the Creations are appropriate or available for use in other locations. If you use this Site and its Services from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. P2H also disclaims responsibility for any User attempting to do business with this Site from countries with which the United States has specifically banned trade and commerce, such as Cuba, Iraq, Syria and others as listed on the U.S. Department of State’s website. P2H will not provide any Services for a User domiciled or doing business from any barred country. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site and the Services comply with the laws of the United States.

General

By accessing the Site, you agree to the above stated T&C. This agreement is entered into in the State of Nevada and shall be construed in accordance with the laws of the State of Nevada, exclusive of its choice of law rules. Each party to these T&C submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the State of Nevada, Clark County, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these T&C, the prevailing party will be entitled to court costs and reasonable attorneys’ fees. In the event that any provisions of these T&C are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these T&C shall otherwise remain in full force and effect. These T&C and any posted guidelines or rules applicable to this Site and the Services subject to this agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. Please report any violations of these T&C through our contact form.

Working Schedule

Development Team: 8:00am – 5:00pm GMT / 4:00am – 1:00pm EDT

Development Consultants and Live Chat Support: Monday-Friday, around the clock, with a 6-hour break: 11:00pm – 5:00am GMT / 7:00pm – 1:00am EDT

The Development Consultants provide the quote & ETA within 1 hour for markup and within 3 hours for implementation / development according to the schedule above.

If the Client’s request was made during non-working hours or holidays, this request will be considered within the following working day.

Delivery Timelines

The delivery timeline takes effect at the time that (1) payment has been made for the order and (2) the order details have been accepted and agreed upon by you and P2H. The order is considered to be commenced at the time P2H project manager gives you the estimated delivery date; you can track your order status in the Client Area of this Site.

The estimated timelines for JavaScript, CMS development are provided after the investigation of the designs and requirements.

Acceptance

Default acceptance criteria are applicable to all projects and all project stages. A delivery is considered accepted if:

• Client explicitly approves a delivery by any means of communication including but not limited to Client Area of this Site, email etc; or
• Client does not send any feedback/change request within fourteen (14) days for markup project and within thirty (30) days for CMS integration / development projects; or
• Client has requested us to proceed with the next project stage. A project stage could be the next batch of HTML/CSS coding, JavaScript functionality, CMS development, deployment of the theme to an external server or delivery of the theme files in a zip archive.

Fixes / Updates and Post-delivery Support

We provide all fixes (if any) for free until the project or project stage is accepted according to the "Acceptance" paragraph.

Paid updates / changes are available upon requests.

Any updates for accepted implementation / development projects delivered over thirty (30) days prior to the request are subject to a deposit of eight (8) man-hours of project manager and / or developer time and is valid for the next thirty (30) days only.

All further updates over 8 hours are charged on Time & Materials basis.

Please note that P2H does commercially reasonable efforts to fix Clients' projects. It does not mean that we will refuse in fixing your project but it means that we may decline your request to fix in a case such fixing is not actually a fixing but is more likely an alteration that must be treated as a change request and is subject to extra charge.

Refund Policy

A full refund will be considered based on the following reasons:

• Client’s order cannot be completed;
• Client’s request to cancel the order is received before the development is started.

A partial refund will be considered based on the following reasons:

• Client is reasonably and legitimately not satisfied with the quality of the code or service and provides a comprehensive proof / explanation of the matter;
• Client is not satisfied with the resulting product upon a review on our test server. A refund may be issued upon the confirmation of both parties, and upon the clearance of all details related to the refund.

If the order is completed according to the specifications of Client, some minor errors should be deemed acceptable and cannot be a reason for full or partial refund.

Notwithstanding anything to the contrary contained herein, the transaction amount may be refunded or reversed to the Client’s payment account in case of an accidental double payment. P2H will initiate the refund of the double payment amount within two (2) business days after the Client’s notice, assuming that any and all refund fees, and/or any associated fees, fines, or penalties listed in PayPal, MasterCard, Visa, American Express, Discover, and other payment card networks, associations, or companies (‘Networks’), are (i) not refundable due to the Networks’ policies and (ii) withheld from P2H, - will not be reimbursed.

Order & Payment

Orders may be created through various platforms, messengers, the 'Order' button on the Site, or via email. In order to render the best-quality Services, all of the information about the order is placed on P2H's Customer Relationship Management system.

Payments will be charged on a prepay basis on the day that the order is created. Refunds are provided under certain circumstances, as set forth in paragraph "Refund Policy".

Whenever post-payment is available, by confirming the order, Client agrees to pay the agreed-upon amount for the Services.

Client bears all responsibility for payments to P2H in full for the services provided. In no case Client may delay the payments to P2H on reasons of failure of the Client's contreparties to make payments to Client.

As a trusted business partner, P2H grants authorization to WPS or P2H Europe to receive payments for collaborative projects between P2H, WPS or P2H Europe, originating from the Site. It is acknowledged that any payment received by WPS or P2H Europe will serve as confirmation that the requested works have been paid for, in accordance with the partnership terms of both parties.

We offer online payment options through PayPal and the Stripe payment system. Please note that when Clients enter their card information via the Stripe payment system, the data processing is conducted directly on the Stripe website.

Deposits

Upon Client’s notice P2H may deposit any Client’s residual assets. Within one year (1 year) from the date of a deposit Client may either use such a deposit to pay the services provided by P2H to Client or claim the refund of the deposited assets. In a case Client fails to use a deposit or claim the refund within one year such a deposit is turned to profit of P2H.

Client’s Content

We reserve the right to refuse to work on any project, without the need for providing justification therefore. We will not provide Services for any project or potential Client for content which is offensive, illegal or which contains illicit or infringing material.

Client is fully responsible for the provision, exploitation, maintenance and use of all content, provided by him, including, but not limited to, issues related to:

• correspondence of Client's content to provisions of laws about copyright protection of all applicable jurisdictions;
• any claims, related to the content;
• immediate reaction for notices to Client (or affiliated persons) by any person, claiming that Client's content is infringing the rights of such person.

Client shall indemnify and hold P2H and its representatives harmless from any losses, claims, obligations or other liabilities related to or arising out of the foregoing.

Any employee, agent or contractor of P2H may have an access to Client’s content provided such employee, agent or contractor has been involved into Client’s project. P2H guarantees that any person may have access to Client’s content only after such person adhered to a written non-disclosure agreement.

Client has access to Client’s content stored at P2H’s facilities for free during one year.

After the first anniversary of Client’s content storage P2H may remove such content irrevocably at the sole discretion.

On Client’s request P2H may provide access to Client’s content stored at P2H’s facilities for more than one year at the additional fee.

Notwithstanding the foregoing Client’s content might be stored at P2H’s facilities for eternity for archival purposes without granting to Client access to such content.

Data Backup

The company will retain information about the project without any charge for one year after providing services to you. For the Client consent, payment for the backup service will begin one year after the conclusion of the project. Client understands that data backup services are provided 'as is' and that we cannot guarantee the accuracy or completeness of the data backups. Client further understands that we are not responsible for any lost or corrupted data. The Client is solely responsible for regularly backing up their data and any damages or losses that may result from the failure to do so.

Intellectual Property

P2H transfers and assigns to (and the following shall be the exclusive property of) Client, or its designee(s), the entire right, title and interest of P2H in and to all intellectual property made, discovered, invented, authored, created, developed, originated or conceived by P2H, solely or jointly, during the term of P2H’s engagement with Client, while engaged in Client activities, provided Client made all payments for the P2H’s services.

Co-marketing

Unless otherwise agreed upon in a written agreement executed by both P2H and the Client, P2H reserves the right to feature the Client’s name and/or logo, the Client’s project name on its website. Additionally, P2H may include this information in its portfolio, presentations, and other promotional materials to showcase its expertise and services provided.

Disclaimer

Please note that all P2H's obligations and guarantees stipulated by the present Terms are applicable only in a case Client properly fulfilled all payment obligations to P2H.

Consent to Recording of Conversations

We inform you that any conversation you have with any representative of P2H may be monitored and recorded for quality assurance purposes. If you do not wish to have a conversation recorded you must alert such representative to cease recording the conversation. Your continued participation in a conversation without expressly requesting for the conversation not to be recorded shall serve as your express consent to have the conversation monitored and recorded.

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