PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE ACCESSING ANY PART OF THE WEBSITE OR THE SERVICES.
The following are the terms and conditions for https://designex.convertri.com and the services offered on and through the Website, (collectively, the Website and its services and content are referred to as the “Design Experts”).
OVERVIEW AND DISCLAIMERS
Design Experts provides contractor referral services, which enable you to work with pre-vetted contractors for your home building and renovations.
Refusal of Service.
Design Experts reserves the right, to refuse service to, any persons that violate these Terms, violate any party’s intellectual property rights, abuse other Website users, misuse the Website or its Services, or otherwise engage in inappropriate conduct, as determined by Design Experts in its sole discretion.
Payment. As a condition of our fulfillment to the Services, you agree to pay all applicable service fees agreed to by Design Experts and you. Unless otherwise stated, all fees are stated in NZD Dollars. You hereby certify to us that you are at least 18 years of age. We reserve the right to deactivate your access to the Services for failure to pay applicable Service Fees.
MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
Design Experts reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Services, at any time, by posting the new terms on the Website. The most current version of these Terms will be located on this page. You understand and agree that your access to or use of the Services is governed by the then-current Terms that are effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify you by updating the “Updated” date indicated at the top of this page with the date that revisions to these Terms were last made. You should revisit these Terms on a regular basis as revised versions will be binding upon you. Any such modification will be effective upon our posting of such new Terms. You understand and agree that your continued access to or use of the Website or its Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.
SERVICES, LICENSE, AND PAYMENT
Subscription.
In order to use some or all of the Services, you must have an active paid subscription to the Services. If you fail to make the required payments to Design Experts, or your subscription period ends, your license to access the Services is automatically revoked. Each of the Services provided pursuant to these Terms shall be ordered through and subject to an order form and/or insertion order (an “Order”) provided by us. Provided that we accept the applicable Order, we agree to provide, and you agree to receive from us, each of the Services pursuant to these Terms. We shall have no obligation to accept any Order. There shall be an Order for each Service provided to you, and each Order shall constitute an integral part of these Terms.
As a condition of your use of and access to the Services, you agree to pay the Service Fees and all other fees outlined. Design Experts may change the Service Fees for any or all of the Services at any time and from time to time, effective immediately upon your receipt of notice of such fee change; provided, that, such fee changes will only be effective as to usage of the Services thereunder that occurs after the effective date of the relevant fee change.
We reserve the right to suspend Services immediately in the event your account has any past due amounts. If we elect to suspend Services, no Service interruption shall be deemed to occur, and we shall have no responsibility to provide, or liability for, Services during such period of suspension.
Refund Policy.
Design Experts does not guarantee refunds for lack of usage or dissatisfaction with the Services.
Disclaimers. The Services are provided “AS IS.”
The results of the use of the Services will be correct, accurate, timely, or otherwise reliable.
Maintenance or Support.
Design Experts is not under any obligation to provide maintenance or support for the Services. Clubleads may provide maintenance or support for the Services in Your Site Name sole discretion.
Information Storage and Access.
Design Experts reserves the right, in its sole discretion, to determine whether and how long to store User Content and user data. Design Experts will not be responsible for any liability related to the deletion or removal or any data or content maintained on the Services or Design Experts' servers.
Suggestions.
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that your Feedback does not contain the confidential or proprietary information of third parties, we are under no obligation of confidentiality, express or implied, with respect to the Feedback, we may have something similar to the Feedback already under consideration or in development, and you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Design Experts and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.
THIRD-PARTY SERVICES AND SITES
The Services may use or provide access to one or more third-parties to process payments, process account or user registrations, or provide other services. Your interactions with any of these third-parties is controlled by the terms and conditions imposed by those third-parties. Any disputes arising regarding a third-party’s services must be resolved directly between the user and the third-party. Design Experts disclaims all warranties or representations regarding any third-party services.
Design Experts cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data or other service interruptions. Design Experts cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any data or communications. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from the relevant websites. Such information may be more up-to-date when obtained directly from such sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.
The Services may only be used in accordance with this Agreement. You shall comply at all times with all applicable laws and regulations and our operating procedures, as modified from time to time, to the extent applicable to the Services. You warrant and undertake that you shall not use the Services for any illegal, fraudulent, immoral, or prohibited purpose; in breach of third party rights; or in a manner that violates any applicable law or regulation, or otherwise exposes us to legal liability, whether or not this use is authorized or consented to by us (each such circumstance, “Service Misuse”). Notwithstanding anything to the contrary and in addition to any other remedies available at law or in equity, Design Experts, in its sole discretion, may immediately suspend and/or block access to the Services, without notice, in order to prevent any Service Misuse or any harm to Design Experts, its employees, and its business, and you shall indemnify Design Experts in respect of any losses, liabilities, costs, and expenses incurred as a result of a breach by you of this section. If Design Experts elects to suspend Services, no Service interruption shall be deemed to occur. Customers shall not be relieved of its payment obligations and Your Site Name shall have no responsibility to or liability for Services during such period of suspension.
LIMITATIONS OF LIABILITY
WE WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, OR (D) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF Design Experts HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, Design Experts' CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE Design Experts PRODUCTS OR SERVICES SUBJECT TO THESE TERMS, DURING THE PREVIOUS SIX (6) MONTHS, OR (2) FIVE HUNDRED AND 00/100 DOLLARS ($500.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
TERM AND TERMINATION
The term of this Agreement shall be one (1) month and shall automatically renew for successive one-month terms, unless you give us written notice of termination via email to our support desk, or unless otherwise terminated as provided herein. Upon final termination of the Service(s), your right to use such Service(s) shall immediately cease.
You may terminate this Agreement (and all Orders) upon our breach of a material covenant, term, or condition of this Agreement; provided that (i) you give us advance ten (10) calendar days written notice of such breach, and (ii) we have an opportunity to cure such breach, if curable, within the applicable notice period.
We may terminate this Agreement (and all Orders) for any reason, including convenience; provided that we give you sixty (60) calendar days’ notice of such intent to terminate. If, however, we block or suspend Services because of a Service misuse, we shall then have the right to immediately terminate this Agreement without giving notice.