You should carefully read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions.
Startdup.com provides web start-up services to customers worldwide. We have a responsibility to protect each customer and to provide the best services available. All customers of Startdup.com are subject to the following terms of service:
2. Indemnification Policy
You agree to use all Startdup.com services and facilities at your own risk. Startdup.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Startdup.com be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Startdup.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Startdup.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by merchant, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Startdup.com against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Startdup.com services. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever. You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of service and any claim brought against us by a third party resulting from the provision of services by us to you and your use of the services including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this agreement.
LIMITATION OF LIABILITY
a. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from
b. any errors in or omissions from the Site or any services or products obtainable there from,
c. the unavailability or interruption of the Site or any features thereof,
d. your use of the Site,
e. the content contained on the Site, or
f. any delay or failure in performance beyond the control of a Covered Party.
3. THIRD-PARTY SERVICES
We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. You must agree to comply with the relevant terms and conditions of any such Merchants. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is at your sole risk and is without warranties of any kind by Startdup.com. Whether expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our site. You acknowledge sole responsibility for and assume all risk arising from your use of any such products or services.
THIRD PARTY DEALINGS
Any dealings with Merchants (including advertisers) carried out through Startdup.com service, including participation in promotions, payment for goods and services, and/or any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between the Customer and the Merchant. Startdup.com shall not be responsible or liable for any part of such dealings or promotions.
Third Party Content
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
Links to Third-Party Sites
4. Information collection and Use of 'Cookies'
Collecting Information Helps to Serve You Better. Startdup.com collects personal information only for the following purposes:
to establish and maintain responsible commercial relations with you and provide you with ongoing service;
to understand your needs and eligibility for products & services;
to recommend particular products & services to meet your needs;
to develop, enhance, market or provide products and services;
to manage and develop business and operations, including personnel and employment matters; and
to meet legal and regulatory requirements.
Calls received from or placed to customers may be recorded or monitored for quality assurance. Any recordings would be used solely for ensuring quality service.Your personal information will not be used for any other purpose without your consent.
5. Account Registration And Management
If registration is performed, you agree to provide us with accurate, complete registration and/or purchase information. Your registration must be done using accurate information. In consideration of their use of the Startdup.com Service, customers agree to:
Provide true, accurate, current and complete information about themselves as prompted by the registration form of the Service. Maintain and promptly update their registration data to keep it true, accurate, current and complete. If the customer provides any information that is untrue, inaccurate, not current or incomplete, or Startdup.com has reasonable grounds (at its sole discretion) to suspect that such information is untrue, inaccurate, not current or incomplete, Startdup.com has the right to suspend or terminate the customer's account and refuse any and all current or future use of the Service (or any portion thereof).
Customers will receive a password and account designation upon completing of the registration process of the Service. Customers are responsible for keeping the confidentiality of their passwords and accounts, and are fully responsible for all activities that occur under that password or account. Startdup.com will not be liable for any loss or damage of account information arising from Customer's failure to comply with this provision.
We do not permit any other person using the registered sections under your name. Startdup.com retains the sole right and authority to accept or reject your registration, or to terminate registration once accepted, for any reason that it deems appropriate.
6. Errors, Corrections And Changes
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We reserve the right in our sole discretion to edit or delete any documents, information or other content.
7. Domain Name Registration
We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk. 1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name. 1.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute.
8. Web Site Hosting and Email
If a hosting account is registered with details different than those of the person who paid for the account, and in the case of any dispute, Startdup.com will take the side of the person who paid for the account and shall not provide access to any other person, since - a hosting account owner is and will be considered to be the credit card /PayPal account holder.
We make no representation and give no warranty as to the accuracy or quality of information received by any person and we shall have no liability for any loss or damage to any data stored on customer’s hosting account. we shall be under no liability for non-receipt or misrouting of email or for any other failure of email. 2.11 You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.
9. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that: You will not use the service in any manner which infringes any law or regulation or which infringes the rights of any third party; nor will you authorize or permit any other person to do so. You will not post, link to or transmit: ( a. ) Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by Startdup.com in any way. ( b. ) Any material containing a virus or other hostile computer program. ( c. ) Any material which constitutes, or encourages the commission of a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. To falsify user information provided to Startdup.com or to other users of the service in connection with use.
10. ACCEPTABLE USAGE POLICY
All services provided by Startdup.com may be used for lawful purposes only. The laws of the United States apply. Transmission, storage, or presentation of any information, data or material in violation of any US Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The Merchant agrees to indemnify and hold harmless Startdup.com and its employees from any claims resulting from the use of the service which damages the merchant or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered.
Consequences of Violation: When Startdup.com becomes aware of an alleged violation of its Acceptable Use Policy, Startdup.com will initiate an investigation. During the investigation Startdup.com may restrict Member’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Startdup.com may, at its sole discretion, restrict, suspend, or terminate Member’s account and/or pursue other civil remedies. If such violation is a criminal offense, Startdup.com will notify the appropriate law enforcement department of such violation. You shall be held liable for any and all costs incurred by Startdup.com as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. Startdup.com current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge.
11. ABUSIVE CLIENTS
Startdup.com, may at its discretion, suspend or terminate service of any client that is abusive/harassing to our employees. Examples of such activity include, but are not limited to:
Verbal abuse including but not limited to cursing, yelling, threatening, etc.;
Spamming our email addresses, ticket systems, or servers;
Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage;
Continuous activation of problematic end-users;
Activity which affects the service(s) of other clients;
Open disputes with payment gateways/banks without having a full discussion with our Billing/Support team;
Cancelling your current account and re-ordering new account just to get new PROMO Discount/Plan;
Any abuse towards any Startdup.com employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. intentional disruptive behavior aimed at Startdup.com or employees shall be considered a violation of this TOS. Any threat; whether verbally, orally, written, or delivered by second parties directed towards Startdup.com or any of it’s employees, partners, equipment, and concerns shall be construed as a violation of this TOS. Any conduct viewed as violating this section shall be considered a violation of this TOS. Startdup.com will be the sole arbitrator in regards to what is deemed a violation. No refunds shall be given when the contents of this section necessitates removal of the account.
12. REFUND POLICY:
We offer unconditional 30 Days full Money back Guarantee which means you can test our services risk free for thirty days.
If you are not satisfied with our services and wish to cancel your service, you must submit your cancellation request within first 30 days of your purchase to get a full refund. All refund requests made after first 30 days of purchase will NOT be processed.
(For some special offers the money-back-guaranteed day may be varied)
All payments will become non-refundable after 30 days account activation period. This includes any one time setup fee and subsequent charges regardless of usage.
All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. You can NOT open any dispute to PayPal, your card issuer or any other third party. If you do so, your account will be terminated immediately. Your Refund request will be cancelled and No refund will be provided.
Money back guarantee is not applicable for Domain Registrations & any product like license Payments for Setup fees and Domain Registrations are NOT refundable.
We reserve our right to deny a refund request or provide a partial refund.
Customers signing up for the sole purpose of getting a refund would be classified as people misusing our refund policies. We have found out that people suspended on other hosts for resource abuse/spam etc. signup under the Money back guarantee and try to overload our servers too. This is against the TOS and as below, no refunds will be issued in such cases. Also such people just need a place to dump their data at times and just misuse the refund policy for temporary hosting. We will evaluate if such misusage was done before processing any refunds on all accounts. Accounts found guilty would not be entitled for a refund.
All domain registrations and domain transfers are final and do not include any money-back guarantee
You represent and warrant that if you are purchasing something from us or from Merchants that
a. any credit information you supply is true and complete,
b. charges incurred by you will be honored by your credit card company, and
c. you will pay the charges incurred by you at the posted prices, including any applicable taxes.
d. this information may be necessary to be made available to domain registrar, hosting company and other services. This information may be used for procurement and/or verification purposes.
All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment. All payments must be in US Dollars. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
On our site you will find links to all the information to get your web site up and running. All information pertaining to your account should have been included in the Welcome Letter you received when we created your account. If you did not receive a welcome letter email, please contact our Support Team. The support feature of our service at present time consists of our Support System solving Startdup.com related problems only. Currently, Support can only be addressed in English through our Support System. All Support requests are to be processed through our Support System.
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
16. GOVERNING LAW AND JURISDICTION
By accessing this website, you agree that all matters relating to your access to and use of this website and/or its products shall be governed by the statutes and laws of the United States and the State of Kentucky, without regard to the conflict of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts of Fayette County, Kentucky with respect to any such matters relating to your access or use of this website and/or its products.
17. Determining the Agency Relationship
The term “agency” refers to a legal relationship between two parties, the agent(Startdup.com) and the principal(customer). The agent is the legal representative of the principal, which may be a person or entity. The agency relationship is established once one person has the legal authority to act on behalf of the principal.
Startdup.com is authorized by the principal to transact all of the affairs in connection with Startdup.com services. Merchant terms and conditions may require that we act as agent solely for said purpose and “agency” only applies during creation process of each and every individual Merchant service; i.e. agent status stops after each individual account is created and is not continuous through creation of all Merchant accounts.
“By acceptance of these terms of service I agree that the nominated agent, Startdup.com has agreed to act on my/our behalf in accordance with agency relationship determination, and the information is correct and complete. “
The authorization is limited to the matters shown. Nothing in this contract shall be deemed to constitute a partnership in law between the Parties.
18. INFORMATION DISCLOSURE
You may not disclose any order information including, but not limited to, Order ID, download link, affiliate link, account information and/or proprietary service process.
19. Entire Agreement
This contract sets out the entire agreement between the Parties. Neither party has entered into this contract in reliance upon any representation, warranty or undertaking of the other party that is not expressly set out or referred to in this contract
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
Startdup.com holds no responsibility for the use of our clients accounts and In no form can Startdup.com be held responsible for any and all actions arising out of customer’s use of our service.
By purchasing any of our services, you already agree to this Terms of Service (ToS) Agreement.
20. CHANGES TO TOS
Startdup.com reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: startdup.com/termsandconditions
Our company reserves the right to change or modify the terms and conditions without prior notice.
It is your responsibility to check these Terms of Service on occasion for any such amendments.