Terms & Conditions


This is a legal agreement ("Agreement") is a contract between you and wberp.com and applies to your purchase of wberp.com's products and to your use of the wberp.com`s web design and hosting services and payment solutions to enable merchants to sell their goods and services to customers and ecommerce services (collectively the “Services”) available through www.wberp.com. If you do not agree to be bound by the terms and conditions of this Agreement, you will not be permitted to make any purchases.
You must read, agree with, and accept all of the terms and conditions contained in this Agreement before you may become a customer of wberp.com. In this Agreement, "you" or "Member" means any person or entity using the Service ("Customers"). Unless otherwise stated, "wberp.com," "we" or "our" will refer collectively to wberp.com.

1.General
  1.1.

This Agreement sets forth the entire understanding between the customer and wberp.com and supersedes all previous agreements, provisions or representations relating to the foregoing. If any provision of this Agreement shall be found to be unlawful, void or unenforceable for any reason, that provision shall be deleted from this Agreement and such deletion shall not affect the validity and enforceability of the remaining provisions.

  1.2.

Payment and Term: Customer agrees to pay wberp.com a subscription fee in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable.
Payments may be made annually or monthly (both billed in advance) as mutually agreed upon.Fees charged are nonrefundable.

  1.3.

wberp.com may cancel a subscription immediately at any time upon notice to Customer. Term, Payment, and Recurring Billing: Customer`s acceptance of this Agreement constitutes its authorization for wberp.com to automatically charge the credit/debit card provided by Customer. Customer agrees to provide wberp.com with complete and accurate billing and contact information, including: name, street address, e-mail address, and name and telephone number of authorized billing contact. Customer agrees to provide wberp.com with updated information within 30 days of any change to billing information.

  1.4.

If billing information is determined to be fraudulent, wberp.com may immediately terminate this Agreement, and it reserves the right to pursue any and all legal remedies. If Customer`s payment is declined, wberp.com may restrict Customer`s ability to use the payment method that was declined.

  1.5.

Upon registering, you will receive a password and wberp.com ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to immediately notify wberp.com of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. The wberp.com cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

     
2.Trademarks
  2.1

wberp.com is a trademark of wberp.com, the wberp.com service and product names in this site, and the other trademarks, logos, and service marks (collectively the "Trademarks") used in this site are the property of wberp.com or their respective owners. Nothing contained in this site should be construed as granting by implication, estoppel, or otherwise, a license or right of use of wberp.com or any other Trademark displayed in the site without the prior written permission of wberp.com or its respective owner.

 3.Availability
  3.1.

wberp.com does not warrant that the Service will be available 24-hours per day, 7-days per week.We do not warrant that the Service will be provided properly or completely.If your access to the Service is suspended or interrupted or a fault or defect occurs which prevents your access to the Service, wberp.com will attempt to restore access to the Service (to the extent determined solely by wberp.com in its discretion).

  3.2.

wberp.com will have no liability to you for the unavailability of the Service.In addition, wberp.com reserves the right, in its sole discretion, at any time and without prior notice, to refuse Service access to any individual, company, network, institution or other entity in violation of these Terms of Use, or to cease providing the Service in whole or in part.

 

4.Member Conduct

 

4.1.

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services.

 

4.2.

wberp.com does not control the user or third party Content posted via the Product, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Product, you may be exposed to Content that is offensive, indecent or objectionable.

 

4.3.

Under no circumstances will the wberp.com be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Product. As a general matter, wberp.com does not pre-screen user or third party Content posted on the Product, except for certain areas where wberp.com may employ certain automated screening software, although wberp.com reserves the right to do so.

 

4.4.

wberp.com does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. wberp.com reserves the right to monitor some, all, or no areas of the Product for adherence to these Terms and Conditions or any other rules or guidelines posted by wberp.com.

     

5.Prohibited Conduct

  5.1.

You may use the Services only for lawful purposes. The following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited.

   
5.1.1. Infringing the legal rights (including, but not limited to, the rights of privacy and publicity) of others
5.1.2. Causing any damages or disadvantage to others
5.1.3. Disturbing public order
5.1.4. Criminal act
5.1.5. Uploading or distributing any third parties` private information without obtaining approval from such third parties
5.1.6. Defaming, disgracing or libeling others
5.1.7. Uploading files that contain viruses or corrupted files that may damage the operation of others` computers
5.1.8. Any other activities that are unlawful or prohibited by any applicable laws
  5.2. Advertise, offer for sale, or sell any of the following items are prohibited.
   
5.2.1. Any firearms, explosives, or weapons.
5.2.2. Any alcoholic beverages and tobacco products for human consumption, including, without limitation, cigarettes and cigars.
5.2.3.

Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.

5.2.4. Any items that are counterfeit or stolen.
5.2.5. Any dangerous items and goods or services that do not, in fact, exist.
5.2.6. Any items that violate or infringe the rights of other parties and items that you do not have the legal right to sell.
   

 

6.Proprietary Rights/Software Licenses
 

6.1.

Member acknowledges and hereby agrees that the Service and any software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

 

6.2.

wberp.com provides Member with a non-exclusive, non-transferable, limited license to use the Software, which Member agrees to use in accordance with this Agreement. Member may not sub-license or charge others to use or access the Software without first obtaining written permission or agreement from wberp.com.

 

6.3.

The Software is owned by wberp.com and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties.

 

6.4.

The Software, its structure, sequence and organization and source code are considered trade secrets of wberp.com and its suppliers and are protected by trade secret laws.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. MEMBER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
     

7. Account Cancellation by the Customer

  7.1. Cancellations must be received a minimum of 15 days prior to the next billing date.
  7.2.

If a cancellations is received less than 5 days prior to the next billing date, the recurring monthly charge will be assessed and the customer is not eligible for a refund. Customer will not receive a refund due to things beyond wberp.com`s control such as postal service delivery times or connectivity issues with the customers Internet Service Provider.

  7.3.

Acceptable forms of cancellation are notification in writing by mail, email and fax. wberp.com will acknowledge receipt of cancellation notification via email or phone.

8. Account Suspension and Termination by wberp.com

 

8.1.

wberp.com reserves the right to terminate the customers account without refund due to the following:
-Non payment of charges due by Customer
-Violations of any hosting conditions listed in this agreement
-The commencement of any lawsuit or proceeding against the customer as a result of customer`s use of wberp.com hosting and e-commerce services or products.

 

8.2.

Customer is not entitled to any refunds as a result of account termination by wberp.com.

9. Privacy Policy
  9.1
wberp.com respects the privacy of visitors to our site. Please take a few minutes to review our Privacy Policy.
 

10. Disclaimer

  10.1.

USE OF wberp.com'S SERVICES AND PRODUCTS IS AT CUSTOMER’S SOLE RISK. NEITHER wberp.com NOR ITS EMPLOYEES, AGENTS, RESELLERS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSERS OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT wberp.com’S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF wberp.com’S SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH wberp.com’S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY wberp.com AND ITS EMPLOYEES OR OTHER CAUSES.

  10.2.

THE SOLE CUMULATIVE LIABILITY OF wberp.com FOR ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO wberp.com BY THE CUSTOMER.

  10.3. wberp.com reserves the right to revise or change these Terms of Service at any time.
  10.4.

This Agreement shall be governed in all respects under the laws of the State of New York, USA applicable to contracts made, accepted and performed wholly in New York, USA, without application to principles of conflict of laws, and the Customer and wberp.com agree that the sole venue and jurisdiction for any disputes arising from this Agreement shall be the appropriate federal or state court located in the State of New York, USA.