These Terms of Service (the "Agreement") are an agreement between UrbanNerd Company, (“UrBanNerdCo” or "us" or "our") and you (“Client” or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by UrBanNerdCo and of the UrBanNerdCo.com website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

 

Account Eligibility

 

By registering for or using the Services, you represent and warrant that:

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You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

 

If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Service.

 

It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. UrbanNerd Company is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may create a ticket via UrBanNerdCo.com in the billing portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.

 

You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

 

The Service and any data you provide to UrBanNerdCo is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.

 

Prohibited Persons (Countries, Entities, And Individuals).

 

The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a "Sanctioned Country") and certain individuals, organizations or entities, including without limitation, certain "Specially Designated Nationals" ("SDN") listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, UrBanNerdCo also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name ("ccTLD") for any Sanctioned Country.

 

Billing & Payment Information

 

PREPAYMENT

 

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

 

LATE PAYMENTS

 

All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, UrBanNerdCo may suspend or terminate your account. UrBanNerdCo will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

 

FRAUD

 

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. UrBanNerdCo may report any such misuse or fraudulent use, as determined in UrBanNerdCo’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

 

INVOICE DISPUTES.

 

You have thirty (30) days to dispute any charge or payment processed by UrBanNerdCo. If you have any questions concerning a charge on your account, please reach out to our billing support for assistance.

 

PAYMENT CARD INDUSTRY SECURITY STANDARD DISCLAIMER

 

UrBanNerdcO complies with the Payment Card Industry Security Standard ("PCI Standard") in connection with the collection and processing of our customer's data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. UrBanNerdCo does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.

 

DOMAIN NAME REGISTER & TRANSFER

 

Any and all domain names registered by UrbanNerd Company are the property of UrbanNerd Company. Clients are required to register any domain they wish to own in advance. Transferrable domains can be purchased for 50.00, however, not all domain names are transferrable.

 

CANCELLATIONS & REFUNDS

 

PAYMENT METHOD

 

No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your account instead of a refund.

 

MONEY BACK GUARANTEE

 

All UrBanNerdCo accounts have a 7-day money back guarantee.  Deposits are only refundable up to 50%. Final invoices are refundable up to 50%.

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REFUND ELIGIBILITY

 

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.

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NON-REFUNDABLE PRODUCTS & SERVICES

 

Branding products are non-refundable.

 

CANCELLATION PROCESS

 

You may terminate or cancel the Services by giving UrBanNerdCo written notice via the customer portal. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) UrBanNerdCo may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.

Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. UrBanNerdCo will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive confirmation within 48 hours after submitting your cancellation form, please submit a ticket to support in the customer portal via UrBanNerdCo.com.

We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed. 

 

FOREIGN CURRENCIES

 

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and UrBanNerdCo is not responsible for any change in exchange rates between the time of payment and the time of refund.

 

ACCOUNT TERMINATION

 

UrBanNerdCo 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; (ii) you violate this Agreement; (iii) your conduct may harm UrBanNerdCo or others or cause UrBanNerdCo or others to incur liability, as determined by UrBanNerdCo in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, UrBanNerdCo 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. Additionally, UrBanNerdCo may invoice you for all fees due for the Services for the remaining portion of the then current term.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

 

UPTIME GUARANTEE

 

If your shared server has a physical downtime that falls short of the 99.7% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of UrBanNerdCo and may be dependent upon the justification provided. 

 

PRICE CHANGE

 

UrBanNerdCo reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by UrBanNerdCo through the user billing tool or through other methods of communication, including notices sent or posted by UrBanNerdCo.

 

PROMOTIONAL CODES & COUPONS

 

Discounts and coupon codes are reserved for first-time accounts or first-time customers only. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.

 

LIMITATION OF LIABILITY

 

IN NO EVENT WILL URBANNERDCO ITS STAFF, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF URBANNERDCO IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, URBANNERDCO’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO URBANNERDCO FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

 

INDEPENDENT CONTRACTOR

 

UrBanNerdCo and client are independent contractors and nothing contained in this Agreement places UrBanNerdCo 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.

 

GOVERNING LAW; JURISDICION

 

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Texas. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

 

DISCLAIMER

 

UrBanNerdCo shall not be responsible for any damages your business may suffer. UrBanNerdCo makes no warranties of any kind, expressed or implied for the Services. UrBanNerdCo disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by UrBanNerdCo or our staff.

 

BACKUPS & DATA LOSS

 

Your use of the Services is at your sole risk. UrBanNerdCo’s backup service run every 12 hours. Backups are deleted after 30 days. This service is provided only to premium service accounts as a courtesy and may be modified or terminated at any time at UrBanNerdCo’s sole discretion. 

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EXTENDED CONSTRUCTION & DEFERMENT

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Projects and or websites that are not completed and or launched with 60 days from account creation are subject to extended construction fees ranging from $100.00 up to 75% of the original invoice. Such fees are applicable in cases of excessive or prolonged lapses in communication between yourself and UrBanNerd Company staff. It is consequential that communication remain fluid during the construction process. It is your responsibility to ensure the contact information on your account is updated at all times. If you need to defer construction for any reason, you are required to inform UrBanNerd Company staff via phone, liveChat or email in a timely manner.

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LIMITED WARRANTY

 

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, URBANNERDCO AND OUR AFFILIATES, STAFF, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. URBANNERDCO AND OUR AFFILIATES, STAFF, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. URBANNERDCO AND OUR AFFILIATES, STAFF, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

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THE REFERRAL PROGRAM

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ANY AND ALL POTENTIAL CLIENTS REFERRED TO URBANNERD COMPANY MUST FLOWER OR MATURE FOR THE REFERRAL TO FUND. A REFERRED CLIENT MUST CREATE AN ACCOUNT, PAY ALL APPLICABLE INVOICES AND HAVE A WEBSITE LIVE ACROSS THE INTERNET FOR A MINIMUM OF 13 DAYS.

 

 A REFERRAL CODE, NAME OR EMAIL ADDRESS MUST BE PROVIDED DURING SIGNUP FOR A REFERRAL TO FUND.

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PARTICIPANTS IN THE REFERRAL PROGRAM MAY REFER AN INFINITE NUMBER OF POTENTIAL CLIENTS. NO LIMITIATIONS.

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URBANNERD COMPANY OFFERS $50 FOR EACH REFERRAL THAT MATURES INTO A PAYING, CONTRACTED CLIENT.

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REFERRAL FUNDS ARE APPLIED TO AN AMERICAN EXPRESS GIFT CARD AND MAILED OUT AFTER THE CONNECTED WEBSITE MEETS MIMIMUM STANDS. PARTICIPANTS WILL BE ASKED TO VERTIFY MAILING ADDRESSES PRIOR TO MAILOUT.

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URBANNERD COMPANY IS NOT RESPONSIBLE FOR REWARDS MAILED TO INCORRECT ADDRESS. BE SURE THE ADDRESS PROVIDED IS ACCURATE AND COMPLETE.

 

DISCLOSURE TO LAW ENFORCEMENT

 

UrBanNerdCo may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

 

ENTIRE 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.

 

HEADINGS

 

The headings herein are for convenience only and are not part of this Agreement.

 

CHANGES TO THE AGREEMENT OR THE SERVICES

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UrBanNerdCo may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the UrBanNerdCo website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

UrBanNerdCo reserves the right to modify, change, or discontinue any aspect of the Services at any time.

 

SEVER-ABILITY

 

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

 

WAIVER

 

No failure or delay by you or UrBanNerdCo to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

 

ASSIGNMENT SUCCESSORS

 

You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of UrBanNerdCo. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. UrBanNerdCo may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

 

FORCE MAJEURE

 

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

 

THIRD PARTY BENEFICIARIES

 

Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.