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Terms & Conditions

Introduction

Welcome to Diffyweb! We are committed to providing secure and reliable digital marketing technology services, enhancing the operations and outreach of mission-driven organizations, while upholding the highest standards of privacy and security.

Overview of Services

Diffyweb offers a variety of services, including but not limited to digital marketing technology implementation, setup, and management.

Our services are provided on a subscription basis, offering flexibility and scalability to meet your evolving marketing needs.

Definitions

  1. “Client” refers to you, the individual or entity that has entered into this agreement by registering for and using our services.
  2. “Agency”, “we”, “us”, and “our” refer to Diffyweb, LLC.
  3. “Services” encompass all the digital marketing technology services provided by Diffyweb as described here and on our website.
  4. “Subscription” refers to the ongoing service arrangement for which the client automatically pays a recurring fee for services.

Acceptance of Terms

  1. By accessing and using the services provided by Diffyweb, you agree to these Terms & Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site and service.

Description of Service

  1. Diffyweb offers a subscription-based service that grants clients access to a range of digital marketing technologies and support designed to optimize and enhance their marketing efforts. Our service is built to provide comprehensive solutions that include but are not limited to the development and management of marketing funnels, automation of marketing tasks, detailed analytics for decision-making support, and various content management solutions. These services are primarily accessed through a recurring subscription model.

Understanding Your Subscription

  1. Access and Use: Gain access to Diffyweb’s tools and expert support, which includes:
    1. Continuous updates and improvements.
    2. Personalized support tailored to your specific needs.
  2. Service Plans: Choose from a variety of subscription plans:
    1. Options available for different needs, from small non-profits to large enterprises.
    2. Details and comparisons can be found on our website.
  3. Inclusions and Limitations:
    1. Comprehensive support is our goal, though some services may not be available in all plans.
    2. Visit our website for specific details on what each plan covers to find the best fit for you.”

Subscription Terms

  1. Subscription Agreement: By subscribing to our services, clients agree to the terms of the selected subscription plan, which outlines the services provided, the fees involved, and other relevant details.
  2. Plan Variations: Each subscription plan has specific features and limitations, which are detailed on our subscription page. Clients are responsible for selecting the plan that best suits their operational requirements.
  3. Upgrading, Downgrading, and Pausing Clients may upgrade, downgrade, or pause their subscription plans based on their changing needs. Adjustments to the subscription due to plan changes will be reflected in the billing cycle following the change.

Recurring Billing

  1. Billing Cycle: Clients are billed on a recurring basis, typically monthly or annually depending on the subscription plan you choose. The specific billing date is determined based on the subscription start date and will recur on the same date each month or year.
  2. Automatic Renewal: All subscriptions to Diffyweb services are subject to automatic renewal. This means your subscription will automatically renew under the same conditions unless you cancel it or Diffyweb discontinues the service. Clients will receive a reminder email before their subscription renews.
  3. Billing Adjustments: If there are any changes to the subscription plan, such as upgrades or downgrades, billing adjustments will be applied to the next billing cycle. Any promotional pricing or discounts will also be reflected in your billing according to the terms of the offer.

Fees and Payments

  1. Service Fees: The fees for Diffyweb services are set forth on our website and may be updated from time to time. Unless otherwise stated, all fees are quoted in U.S. Dollars.
  2. Payment Methods: We accept payments through various methods, including credit cards, debit cards, and other electronic payment methods. All payment information is encrypted and securely processed.
  3. Sales Tax: Applicable sales tax will be added to the billed amounts where required by law. The amount of tax charged depends on various factors, including the type of service purchased and the client’s location.
  4. Payment Obligations: Clients are responsible for paying all fees and applicable taxes associated with the service by the due date. Late payments may result in suspension or termination of services.
  5. Invoices: Diffyweb will provide an invoice for each billing cycle via email or through the client’s account dashboard. Invoices include detailed information about the service fees and any other charges.

Cancellation Policy

  1. How to Cancel: Clients wishing to cancel their subscription must provide a 30-day notice by accessing their account settings on the Diffyweb website or by contacting our team directly.
  2. Cancellation Fees: There are no cancellation fees for terminating a subscription. However, clients are responsible for charges incurred until the end of the current billing cycle.
  3. Effect of Cancellation: Upon cancellation, clients will have access to the services until the end of the current billing period. After this period, all access to services and resources will be terminated.
  4. Post-Cancellation Access: Once a subscription is cancelled, clients will not have access to any data or files stored in our systems unless specifically agreed upon in a separate data retention or service agreement.

Refunds

  1. General Policy: Diffyweb offers a first-month free trial for new clients, which serves as a satisfaction guarantee. Beyond this trial period, all payments are non-refundable, including fees and other charges.
  2. Refund Eligibility: Refunds beyond the first-month trial may be considered in exceptional cases, such as significant service disruptions or failures to deliver the promised services, subject to review and approval by Diffyweb.
  3. Requesting a Refund: To request a refund, clients must contact us with a detailed explanation of their reasons for dissatisfaction and any evidence of service failure or disruption. Refund requests must be submitted within a reasonable timeframe from the issue occurrence.
  4. Processing Refunds: If a refund is granted, it will be processed within a certain number of business days, and funds will be returned to the original payment method used by the client.

Modifications to Service and Prices

  1. Service Changes: Diffyweb reserves the right to modify, suspend, or discontinue the services (or any part or content thereof) at any time without prior notice to you. We are committed to continuously improving our services to better meet the needs of our clients. We will make reasonable efforts to keep clients informed of any significant changes.
  2. Price Adjustments: Prices of all services, including but not limited to monthly subscription plan fees, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Diffyweb site or via email.
  3. Notification of Changes: Clients will be notified of significant changes to services or prices through their registered email and visible notifications in their dashboard.
  4. Client Options: If we make a change to the service or pricing that materially affects your use of the service, you have the option to cancel your subscription. Continued use of the service after any such changes shall constitute your consent to such changes.

Your Responsibilities as a Client

  1. Accurate Information: Provide accurate, current, and complete information during registration and keep this information up to date.
  2. Account Security:
    1. Maintain the confidentiality of your password and account.
    2. Immediately notify Diffyweb of any unauthorized account use or other security breaches.
  3. Legal Compliance: Adhere to all local, state, federal, and international laws regarding your use of our services.
  4. Content Standards: Ensure that all content you provide complies with applicable laws and does not infringe on the rights of others.”

Intellectual Property Rights

  1. Ownership of Materials: All original materials provided by the Client remain the property of the Client. Likewise, all materials, including but not limited to software, products, and services, produced by Diffyweb during the provision of services shall be the exclusive property of Diffyweb, unless otherwise agreed in writing.
  2. Use of Client Materials: Clients grant Diffyweb a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, publish, translate, and distribute content provided by the client in any existing or future media in relation to the services provided.
  3. Use of Diffyweb Materials: Clients may use the materials provided by Diffyweb solely for personal or business purposes directly related to the client’s activities in accordance with the services received. This use is conditional upon full payment of all fees due to Diffyweb.

Confidentiality

  1. Protection of Confidential Information: Both parties agree to keep confidential all proprietary information and trade secrets disclosed during the course of the agreement, using at least the same degree of care as they use to protect their own confidential information.
  2. Scope of Confidential Information: Confidential information includes any non-public information shared between parties, including business secrets, marketing strategies, and other materials deemed confidential.
  3. Exceptions: The confidentiality obligations set forth herein shall not apply to information that (a) is or becomes publicly known through no breach by the receiving party; (b) is received from a third party without breach of any confidentiality obligation; or (c) is independently developed by the receiving party without use of or reference to the disclosing party’s confidential information.

Disclaimer of Warranties

  1. “As Is” Services: Diffyweb provides its services “as is” and does not guarantee that the services will be uninterrupted or error-free. The client acknowledges that reliance on any service provided by Diffyweb is at the client’s own risk.
  2. No Warranties: Diffyweb disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

  1. Limits on Liability: Diffyweb shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
  2. Cap on Liability: In no event will Diffyweb’s aggregate liability for all claims relating to the services exceed the greater of $100 or the amounts paid by you to Diffyweb for the past month of the services in question.

Indemnification

  1. Client Obligations: You agree to defend, indemnify, and hold harmless Diffyweb and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the service, by you or any person using your account and password; b) a breach of these Terms, or c) Content provided by you.

Dispute Resolution

  1. Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
  2. Binding Arbitration: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration will be conducted by a single arbitrator, and such arbitration shall take place in the state in which Diffyweb is headquartered, or another mutually agreed location. The Parties also agree that the arbitration shall be confidential, and all rights to a jury trial are waived.
  3. Exceptions to Informal Negotiations and Arbitration: The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

Termination of Services

  1. Termination by Client: Clients may terminate their subscription at any time via their account interface or by notifying Diffyweb customer service. Termination will take effect at the end of the current billing cycle, and clients will have access to the service until then.
  2. Termination by Diffyweb: Diffyweb reserves the right to terminate or suspend access to our services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. Upon termination, your right to use the service will cease immediately.
  3. Effects of Termination: Upon termination, all provisions of the Terms which by their nature should survive termination shall remain in effect, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

General Provisions

  1. Governing Law: These Terms shall be governed and construed in accordance with the laws of the State where Diffyweb is headquartered, without regard to its conflict of law provisions.
  2. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
  3. No Waiver: No waiver by either party of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
  4. Entire Agreement: These Terms constitute the entire agreement between us regarding our service and supersede and replace any prior agreements we might have had between us regarding the service.

Changes to Terms

  1. Right to Modify: Diffyweb reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
  2. Client’s Acceptance of Changes: By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the service.

Contact Information

If you have any questions about these Terms, please contact us via email at team@diffyweb.com.