Terms and Conditions

These terms and conditions (“Terms”, “Agreement”) are an agreement between Ally Drez, L.L.C (“Ally Drez, L.L.C”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the allydrez.com website and store.allydrez.com as well as any of its products or services (collectively, “Website” or “Services”).

Accounts and membership

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Service Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Project Bills and Payments

Ally Drez, L.L.C., requires a minimum of 50% down payment for all projects such as website development, server builds, graphic work and consulting but not limited to. Down payments are non-refundable, and final payment is due upon project completion. Project is only released to the customer upon full payment. If a project spans more than 30 days, the customer will receive progress billing in the amount of at least 20% of the remaining balance each month, which begins on day 30 of development.

Termination/Cancellation

Ally Drez, L.L.C., requires that all cancellations be made by the subscriber by canceling the subscription with their payment processor and in the Client Area on Ally Drez Web & IT Services website. In the event customer cancels monthly subscription there is no refund provided unless a yearly subscription was paid in full. At such time, there will be a prorated amount refunded to the customer starting from the following month of cancellation unless action was performed within the first 5 days of a monthly billing cycle. For website solutions where the customer enters into a payment agreement where the cost of development is broken down into monthly payments versus paying upfront, a one-year minimum contract for a hosting package is required. If customer cancels service prior to that one year, the final balance on the remaining months of service is due.

Late Payment

All customers are responsible for paying on-time. All services are billed according to the dates they were initially activated. If an invoice remains unpaid beyond its due date, there will be a 5-day grace period. All services will be terminated if the payment has not been paid after the 5-day grace period unless there was a prior written agreement set into place between Ally Drez and customer.

Domains

Ally Drez, L.L.C is a reseller, not a registrar, therefore, it is the full responsibility of the customer to read carefully the registration agreement set in place by Namecheap, the Registrar currently used by Ally Drez, L.L.C. Customer is responsible to pay Ally Drez, L.L.C., for any fees that are brought on by a “Redemption Grace Period” (“RGP”), set in place by Namecheap.

Project Agreement

A proposal provided by Ally Drez, L.L.C for any service provided, such as but not limited to website development, website design or server builds is the responsibility of the customer to review in full. Ally Drez, L.L.C., reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed, if services or resources fall above the scope of the original proposal. Payment for add-ons that fall above the scope of the original project is due prior to development or net 15 days, at Ally Drez’s discretion.

Project Timeline

All customer timelines associated with their project are the full responsibility of the customer to review. It is the customer’s responsibility to adhere to the dates for deliverables on their part. Failure to meet deadlines required by Ally Drez to perform work will result in a delay of project, or risk of putting the project on hold. If the workflow is delayed or interrupted due to failure to meet deadlines, Ally Drez, L.L.C., may invoice the customer for additional resources. Indefinite delay of a project may result in project termination, and a new development agreement must be reached prior to restarting the project. The down payment for services is non-refundable, and will not be returned to the customer should a project be delayed or terminated as a result of the customer failing to adhere to the project timeline.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

Third-party services

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Ally Drez, L.L.C with respect to such other services. Ally Drez, L.L.C is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Ally Drez, L.L.C to disclose your data as necessary to facilitate the use or enablement of such other service.

Uptime guarantee

We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

Backups of Content

Unless a backup service is purchased, we are not responsible for Content residing within your hosting account. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Advertisements

During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

Links to other websites

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, Ally Drez, L.L.C will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Disclaimer, all links to external websites will open in a new tab or window.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using any services provided by Ally Drez, L.L.C, the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

This includes specific types of scripts. That is any scripts or software on any shared or VPS hosting server that causes high server loads or otherwise negatively impacting server performance of other users.

Disk Storage and Bandwidth

All disk usage & Bandwidth agreements are the responsibility of the customer to adhere to. If usage goes over the package registered, Ally Drez, L.L.C., will contact the customer with an over-usage warning and an offer for an upgrade. If the customer does not respond within 5 business days, Ally Drez, L.L.C., reserves the right to take corrective action for exceeding resources. These actions include but not limited to an upgrade in service, temporarily discontinuing services, additional charges or terminating current service. If an increase in resources is wanted, customer can contact Ally Drez, L.L.C., through the ticket system in their client portal, call 954-526-7722 or email sales@allydrez.com.

Bulk Emailing

Shared hosting accounts may not use their accounts as a mail server nor for mass mailing. Customers can, however, sign up for email services with their domains, for example, Mailchimp, as well as point their MX records to an off-server mail handler such as Gmail, but not limited to in order to utilize bulk mailing.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by Ally Drez, L.L.C or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Ally Drez, L.L.C. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Ally Drez, L.L.C or Ally Drez, L.L.C licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Ally Drez, L.L.C or third-party trademarks.

Disclaimer of warranty

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Ally Drez, L.L.C, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Ally Drez, L.L.C has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Ally Drez, L.L.C and its affiliates, officers, employees, agents, suppliers, and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Ally Drez, L.L.C for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

ADA Compliance

In no event will Ally Drez, L.L.C, its affiliates, officers, directors, employees, agents, suppliers or licensors at any time be held liable to any person for (a): websites hosted or developed by Ally Drez, L.L.C., that do not meet ADA Website Accessibility Standards (WAS). If the customer desires to bring the website up to the WCAG 2.0 AA success criteria, the customer may hire Ally Drez, L.L.C., or another resource to accomplish said goal.  

Indemnification

You agree to indemnify and hold Ally Drez, L.L.C and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its 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 Website and its Services.

Contacting us

If you have any questions about this Agreement, please contact us.

This document was last updated on August 14, 2019