Terms and Conditions of Service
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: California, United States.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Ozodeck, Inc., 9854 National Blvd #1259, Los Angeles, CA 90034, US.
- Device means any device that can access the Service, such as a computer, cellphone, or digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
- Website refers to Ozodeck, accessible from http://ozodeck.com.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Website and informs You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Payment Terms
- Upfront Payment:
- A 40% upfront payment is required for any purchase or service agreement to initiate the project. This payment secures the availability of our resources and covers initial project costs, including planning, design, and other preparatory work.
- Non-Refundable Deposit:
- The 40% upfront payment is non-refundable. Once the payment has been made, it will not be refunded in the event of project cancellation by the client. This policy ensures compensation for the time, effort, and resources allocated to the project from the start.
- Balance Payment:
- The remaining 60% of the total project cost is due upon completion of the project, prior to the delivery of final products, services, or access to any digital or physical materials. Full payment must be made before the final delivery is handed over to the client.
- Late Payments:
- If the balance payment is not made within the agreed-upon time, Ozodeck Inc. reserves the right to withhold final deliverables or suspend access to any services until payment is received in full.
- Exceptions to Refund Policy:
- Refunds of the upfront payment will only be considered under the following conditions:
- If the project is canceled by Ozodeck Inc. for any reason.
- If Ozodeck Inc. is unable to fulfill its obligations due to circumstances under its control.
- If a mutual agreement is reached between the client and Ozodeck Inc. regarding the refund of the upfront payment.
- Refunds of the upfront payment will only be considered under the following conditions:
- Payment Methods:
- Payments can be made via credit card, bank transfer, or any other method mutually agreed upon between the client and Ozodeck Inc. All payment details will be provided in the invoice.
Project Timeline and Delivery
- Estimated Timeline:
- Upon receipt of the 40% upfront payment, Ozodeck Inc. will commence work on the project. Estimated timelines for project completion will be outlined in the project proposal. Timelines are subject to reasonable delays due to unforeseen circumstances, but the company will keep the client informed of any changes.
- Client Responsibilities:
- The client is responsible for providing all necessary materials, information, and approvals in a timely manner to ensure the project progresses as scheduled. Delays in providing these resources may impact the project timeline.
- Final Delivery:
- Final project deliverables will be provided after the balance payment is made. This includes any digital or physical products, as well as access to any services that are part of the agreement.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms shall be limited to the amount actually paid by You through the Service or $100 USD if You haven’t purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or other information, for business interruption, personal injury, or loss of privacy), arising out of or in any way related to the use of or inability to use the Service, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: [email protected]
- By visiting this page on our website: https://ozodeck.com/contact/
- By phone number: (213) 377 6650
- By mail: 9854 National Blvd, Los Angeles, CA 90034, US