This MOJO Services Agreement (this “Agreement”) are an agreement between MOJONESS INC. (“MOJO” or “we”) and you (“Client” or “you”). By purchasing MOJO's products and services (collectively, the “Services”) Client agrees to be bound by this Agreement. Please review this Agreement carefully before purchasing the Services. We may in our sole discretion change or modify this Agreement at any time.
Client must supply to MOJO all of the information necessary for MOJO to provide the Services, as requested from MOJO from time to time. This information may include, but is not limited to, the Internet Protocol (IP) address of your server, domain or sub-domain, website username and password and any related purchase information such as themes, plugins, and/or graphics related to the service fulfillment. Client shall inform MOJO of any existing errors, previous conditions, configuration changes, non-standard software, special circumstances or other reasons why the server or website may not be of a standard configuration or otherwise interfere with the Services to be performed by MOJO, failure to do so negates all responsibility of MOJO to provide the Services and MOJO shall refund Client the all prepaid fees for the Services. In the event that Client fails to make contact with MOJO or a sub-contractor of MOJO, by internal account message system or by email and fails to respond to MOJO’s requests for information in connection with the Services, for longer than thirty (30) days, the order will be deemed abandoned by Client and MOJO will have no further obligation to provide the Services to Client or a refund of any prepaid fees. If MOJO provides the Services and Client does not notify MOJO of any problems or issues related to the Services within fourteen (14) days of completion, the Services shall be deemed accepted by Client.
Client hereby grants to MOJO non-exclusive, royalty-free, worldwide right and license to do the following to the extent necessary to provide the Services: (i) to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Client, as well as, Client’s logos, and trademarks (collectively the “Client Content”); and (ii) make archival or back-up copies of the Client Content and the Client’s website. Except for the rights expressly granted above, MOJO is not acquiring any right, title or interest in or to the Client Content, all of which shall remain solely with you.
- Client agrees to pay fees for the Services in accordance with MOJO's current pricing.
- MOJO may increase the fees for the Services (i) in the manner permitted in the applicable description of the particular Services published by MOJO on the MOJO website or in a promotional offer (the “Service Description”) and (ii) at any time on or after expiration of the Initial Term by providing thirty (30) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the Client billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) notifications of pricing for renewal terms. It is your sole responsibility to periodically review billing-related information provided by MOJO through the Client billing tool or other methods of communications and notices sent or posted by MOJO.
- By purchasing the Services, you agree to allow MOJO to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the Services you select. Unless you disable the automatic renewal option, we will automatically renew the Services when it comes up for renewal and will take payment from the payment method we have on file.
- If you fail to pay the fees due, we may suspend or terminate your Services and pursue the collection costs incurred by MOJO, including without limitation, any arbitration and legal fees and MOJO's reasonable attorneys' fees.
- It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies.
- You have ninety (90) days to dispute any charge or payment processed by MOJO. If you have a question concerning a charge you believe is incorrect, please email us at firstname.lastname@example.org.
Refunds for purchases of one time services are only available within forty-eight (48) hours of purchase. After forty-eight (48) hours, no refunds will be provided for such purchases. If you request a refund for Services with a Term longer than one month, any such refund provided shall be prorated to the effective termination date. To request a refund, Client must email email@example.com or contact support.
MOJO prefers working with customers rather than seeing a charge back. However, if Client chooses to issue a charge back, MOJO reserves the right to charge a ten dollar ($10 USD) reinstatement fee to Client to reinstate the Services.
Term & Termination of Services
- Term of Services. The initial term of the Services purchased by you shall be for the period set forth on the product page or shopping cart presented to you when you order the Services (the "Initial Term"). Unless you cancel prior to the end of the Initial Term, the term shall automatically renew for successive periods (each a “Renewal Period”) of equal length as the Initial Term, unless otherwise stated in a notice sent to you at least thirty (30) days prior to the expiration of your then-current term. You acknowledge, agree, and authorize us to automatically bill the applicable fee and/or charge your credit card or other payment account on file for each Renewal Period, unless you terminate or cancel the Services prior to such charge as provided in this section. The “Term” of this Agreement shall include the Initial Term and all Renewal Periods, if any.
- Termination Procedure. You may terminate or cancel the Services you purchased at any time during the Term by giving MOJO thirty (30) days prior written notice. In such event you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation.
- Termination by MOJO. MOJO may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due hereunder to MOJO; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm MOJO or others, cause MOJO or others to incur liability, or disrupt MOJO’s business operations (as determined by MOJO in its sole discretion); or (iv) as otherwise specified in this Agreement. In such event, MOJO shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
- Modification of Services. MOJO reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Refusal of Service
MOJO reserves the right to refuse to provide Services to anyone for any reason. This includes, but is not limited to, refusal to serve Clients whose websites contain adult content, sexual products, nudity, persecution, slander, illegal activities, illegal goods or drugs, information used to harm any people or animals, or information used to infringe third party’s intellectual property.
While providing the Services, Client may disclose Confidential Information (as defined below) to MOJO. Unless MOJO obtains Client's prior written consent, MOJO shall only use or disclose such Confidential Information as is necessary to provide the Services. "Confidential information" includes, but is not limited to:
- The written, printed, graphic or electronically recorded materials furnished by Client for use by MOJO;
- Client's business plans, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries and improvements of any kind;
- Any written or tangible information stamped "confidential," "proprietary" or with a similar legend; and
- Any written or tangible information not marked with a confidentiality legend, or information disclosed orally to MOJO, that due to its nature should reasonably be understood to be confidential.
MOJO and Client are independent contractors and nothing contained in this Agreement places MOJO and Client in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Limitation of Liability
In no event will MOJO or its directors, employees, or agents be liable, directly or indirectly, to you or any third party for any damage or loss caused by, or alleged to be caused by, or in connection with the use of or reliance on any content, goods or Services available on or through MOJO's website or the Services. Further, in no event will MOJO or its directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if MOJO has been advised of the possibility of such damages), resulting from: (i) the Services; or (ii) the unauthorized access to or alteration of your transmissions or data.
Client agrees to indemnify, defend and hold harmless MOJO, its affiliates, and their respective officers, directors, employees and agents ( collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any of your acts or omissions. The terms of this section shall survive any termination of this Agreement.
These Terms shall be governed by the laws of the State of Utah without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply to this Agreement. Any suit, action or proceeding concerning this Agreement must be brought in a state or federal court located in Utah County, Utah. Each of the parties hereby irrevocably consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. Both Client and MOJO hereby agree to waive all respective rights to a jury trial of any claim arising out of or relating to this Agreement.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
The Service provided by MOJO is on an "AS-IS" basis, and MOJO expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to the Services.Effective Date: April 1, 2016