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Terms of Service and User Agreement

FOLLOWING ARE THE TERMS ON WHICH QualityMaximizer OFFERS YOU ACCESS TO OUR WEB SITE AND SERVICES.

This is the User Agreement (the "Agreement" or "User Agreement") for your use of the web sites owned or operated by, and services offered by, EvisionDeliver, Inc. which owns and operates QualityMaximizer.com ("QualityMaximizer") and you ("You" or "Users"). This Agreement contains the terms and conditions ("T&C") applicable to your use of our services ("Service" or "Services") available under or through the domain, sub-domains, and affiliated domains of www.QualityMaximizer.com (collectively, the "QualityMaximizer") and the general principles for the web sites of our international affiliates. If you do not agree to be bounded by the terms and conditions of this agreement, do not use or access our site or services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use the Site or the Services or become a registered user of the Site. This Agreement is effective upon the earlier of: (i) your first use of the Site for any reason; (ii) acceptance of this Agreement by new registering users; or (iii) the Effective Date noted on the posted version of the Agreement.

A. Responsibility of Users:

In order to register and to use QualityMaximizer and its service, you must be at least 18 years of age. The Products, Program and Services of QualityMaximizer are available to both people inside US and abroad and are void where prohibited by local governing laws.


B. Relationship of the Parties:

You and QualityMaximizer are independent contractors, and nothing in this agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and QualityMaximizer. You understand that you do not have authority to make or accept any offers or make any representations on behalf of QualityMaximizer. You may not make any statement, whether on your site or otherwise, that would contradict anything in this section. You are solely responsible for the reporting and payment of any taxes for money earned while using the Program of QualityMaximizer.


C. Modifications:

QualityMaximizer may, at any time, choose to edit, add and/or delete portions of this agreement and impose changes without prior notification of its Users. Users will be informed of any and all changes to this policy 1) via an e-mail to their primary contact e-mail address provided upon signing up with QualityMaximizer or 2) the Site News section of QualityMaximizer’s website. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the QualityMaximizer program following our posting of a change in policy notice or new agreement on our site will constitute binding acceptance to the change.


D. Account Usage and Acceptable Use:

  • Account Creation: You agree to and must use your own name and e-mail address in the registration process and may not assume a false identity. You will use your username and password combination to access your account area at QualityMaximizer.com, and it is your responsibility to keep this information confidential. You may change this information by logging into your account and following the "Account Information" link. You are solely responsible for any and all use of your QualityMaximizer account including authorization by you to any third party or individual who may access and use your account.
  • Account Termination: Should any instances of fraud, system abuse, or any type of activity deemed to be inappropriate or illegal by QualityMaximizer be detected, it may result in membership termination and possible legal action.
  • Funding Money: Funding money is not required prior to purchase of a Service or a Product through QualityMaximizer Online shop. By uploading money, it will be easier and faster to process orders, payment for support service and maintain monthly service fee such as for web hosting service.
  • Balances: If you have a payable cash balance in your account, QualityMaximizer will hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes and will not voluntarily make your funds available to its creditors in the event of bankruptcy.
  • Withdrawing Money: You may withdraw the money in your account by using Payment Request button in QualityMaximizer member area. This may apply a processing fee each time you withdraw money out and the processing fee is dependent on the payment gateway you choose (PayPal.com- 5%, Check - $20, Wire Transfer - $60). Therefore, QualityMaximizer strongly recommends you to deposit money into your QualityMaximizer account of only the amount you plan to use in the future.
  • Security: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

 

E. Specific Services and Applicable Terms:

  • Affiliate Program:
    • USERS PROGRAM ENROLLMENT: By signing up at QualityMaximizer and accepting the Agreement, you also become a participant in Affiliate Program. QualityMaximizer may reject any Users as qualified Affiliate program participants if we determine, in our sole discretion, when your websites or online promotions are not suitable for the Affiliate Program for any reason, including, but not limited to, inclusion of your website content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable, which by way of example only, contains (i) sexually explicit, pornographic or obscene content (whether in text or graphics), (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise), (iii) graphic violence (which may include certain types of game sites), or (iv) any unlawful behavior or conduct. If we reject your account for participating in the Affiliate program, you are welcome to reapply to the Affiliate Program at any time after you delete all offending content. Rejected account is not qualified to earn commissions for any sales.
    • LINKS: QualityMaximizer will make available to you, graphic banners, button links and text links to our Web site ("Links"). In using the Links, you agree that you will cooperate fully with us in order to establish and maintain such Links. A Link can be modified and/or expanded with our consent. You may include Links on your website or in your email signature or such online tools. We have the right, in our sole discretion, to monitor your promotional activities to refer people to QualityMaximizer by using Links at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
    • REFERRAL: The Users who register from your Link becomes your “Referral”. When the Referral purchases any product or service through QualityMaximizer Online shop, you earn a percent of commission set by QualityMaximizer for each product or service.
    • ORDER PROCESSING: QualityMaximizer reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements, which we may establish from time to time. All aspects of order processing and fulfillment, including order entry, customer service, cancellations, returns and payment processing will be our responsibility. We will track the amount of sales generated by your Referral and will make this information available to you through our Web site. You are responsible to inform QualityMaximizer of any suspected problems Links immediately.
    • COMMISSIONS: QualityMaximizer will pay you a commission between five (5) percent to ten (10) percent for all purchases your Referrals made, for orders which we delivered to such customers and for which we have received full payment. For example, if there are cancellations before providing all services to your Referral, your commission will be calculated by based on the final amount your Referral paid. For a sale to generate a commission, the customer must be your "Referral" before proceeding the order, purchase the products or services through QualityMaximizer Online ordering system, accept delivery of the products or services, and remit full payment to us.
      QualityMaximizer shall set the price of any forms in its sole discretion. Products or Services referred to in this Agreement refers to individual Products or Services available directly through QualityMaximizer. No commission is due or payable on the sale of any other products, including but not limited to books, services, subscriptions, supplies offered by or sold by any other partners, Users, advertisers or sponsors.
    • PAYMENTS: QualityMaximizer will pay your commissions within 30 days of your request for payment. A balance of Ten (10) U.S. dollars is required to submit a payment request. If a product sale that generated commission is refunded by the customer, we will deduct the corresponding commission from your account. Users have the option of choosing to receive payments by check or via PayPal.com. To request payment by Check or PayPal may require processing fee. Users may receive a payment via wire transfer, which requires two-hundred-fifty (250) U.S. dollars of account balance in requesting payment and Sixty (60) U.S. dollars of processing fee. QualityMaximizer requires each User to submit an applicable W9 or a W8 tax form before payments can be made to Users. Inability to provide an appropriate tax form or accurate information will prevent QualityMaximizer from paying out payments due to Users and may result in cancellation of outstanding payments to Users.
    • FRAUD: QualityMaximizer retains the right to review all commissions for possible fraud. Any incidence of fraud constitutes a breach of this Agreement, and QualityMaximizer retains full authority to terminate this Agreement immediately.
    • PROMOTION AND SPAM: You may not promote your Links through unsolicited emailing (i.e. SPAMMING), or any other method of mass communication. Failure to comply will result in immediate termination of your account with QualityMaximizer and may result in legal prosecution. QualityMaximizer strictly enforces anti-Spamming laws. Spamming is a federal crime. Any member caught Spamming will not only have their account terminated immediately and lose any past, present and future earnings, but shall also be held liable for Spamming as we shall cooperate with any authorities and investigations that may arise from the Spamming incident. QualityMaximizer may charge up to five (5) US dollars per spam e-mail sent.
  • Web Design and Web Development Service:
    • PAYMENT: QualityMaximizer accepts payment via PayPal.com, US cashiers checks, and credit cards supported by 2co.com. If payment is made by eCheck (Paypal.com), Check or Credit Card, the service will be provided after the payment is verified. The verification under normal circumstances may take 12 hours to 96 hours. o PAYMENT TERMS FOR PRE-PACKAGED SERVICE: Payment for pre-packaged design and web development service must be made in full and in advance. o CUSTOM PACKAGED SERVICES: Other custom web development orders require fifty (50) percent of payment upon acceptance of service plan and the remaining fifty (50) percent must be paid within fifteen (15) days of the completion of the service. QualityMAximizer may not deliver all files related to the order to the customer until the remained payment is fulfilled.
    • DELIVERY TIME: The time frame of the service mentioned in the package detail may change for any reason, including, but not limited to, inclusion of the communication speed between You and QualityMaximizer, unsuccessful specifications of design preference provided by You, and any additional requests of editing or revisions requested by you.
    • ADDITIONAL SERVICE: If you make additions to the scope of work and/or require additional work, QualityMaximizer will provide a new estimated cost for the additional work before continuing. Any new estimate will be subjected to your approval.
    • DESIGN REVIEW: All communications regarding web design and custom development must be responded to the QualityMaximizer Online Support Center. One (1) support ticket response by You is considered as one (1) review. Example, if you send different request for changes in Two (2) separated tickets, it is considered as two (2) reviews are consumed.
    • WEBSITE CONTENT: You provide all contents (text and images) required for the web development. QualityMaximizer is not responsible for accuracy of any text, content, or images provided you.
    • COPYRIGHT: All images used in designs carry a copyright by their respective owners and are subject to limited use. You do not have rights to reuse the images in their modified or present forms anywhere else including in other templates or websites. Further you do not have rights to resell/license/sub license/lease the images used in our templates in their modified or present forms under any circumstances.
    • RESELLING: You do not have rights to resell/license/sub-license/lease Web designs and other developments done by QualityMaximizer unless there is an additional written agreement between you and QualityMaximizer.
    • CANCELLATION AND REFUND: You may cancel Web design and development services before receiving full service you ordered by submitting a ticket through the Online Support Center. In the event of cancellation, QualityMaximizer calculates completed hourly work to the date and may refund corresponding amount if applicable. The minimum rate of an hour for web design and development service is sixty (60) US dollars. However, it may change by the work details and required skill used but not exceeding one hundred and fifty (150) US dollars / hour. QualityMaximizer refunds the applicable amount to you within 30 days of the cancellation request date via PayPal.com.
    • PORTFOLIO USAGE: QualityMaximizer has the right to use any potion of design work and programming work as sample in its portfolios after Client’s site launches.
  • Technical Service:
    • DESCRIPTION OF SERVICE: QualityMaximizer provides technical service for those who purchased QualityMaximizer software and service. Technical service is divided in "Free" technical service and "Paid" technical service. QualityMaximizer has the right to determine if the service is "Free" or "Paid" Service in our sole discretion.
    • FREE SUPPORT: QualityMaximizer provides Free technical service for those who purchased our service and/or software, when the technical issues are, script's system bugs and required software upgrades due to major change of industry's needs. Script upgrade is included at no cost under normal circumstances. To receive free script support, the site must have the latest version QualityMaximizer publicly issued.
    • PAID TECHNICAL SERVICE: The Following are the list of examples of Paid technical service, including, but not limited to, inclusion of a) When the issue occurred by user's modification on software files, database tables, server configuration and template files. 2) Database management, 3) Server configuration except for the initial configuration service along with software installation. 4) Performing Server changes or site transfer and related configuration, 5) Installation of PHP, MySQL, phpMyAdmin or any other server modules or software other than the ones included in the software, 6) Custom changes in the functionality or design of the software, 7) Fixing or reinstalling the software or database because of a change that your hosting service or 3rd party had made, 8) Fixing or reinstalling the software because of a server crash, 9) Fixing or reinstalling the software because of a change that you have made to the source code. Troubleshooting of a server or installation problem can be very time consuming and may not even be possible without the correct access to the site or server. Therefore we require seeing the site at the time when help will be provided and that any type of server/hosting access requested will be provided. Otherwise, we have the right to deny support until these qualifications are met.
    • PAID TECHNICAL SERVICE FEE: Paid technical service fee must be paid from QualityMaximizer’s member area. QualityMaximizer has the right to refuse to provide a Paid technical service if User’s account does not have enough cash in the account or if User does not agree to pay service fee prior to receiving service. Paid technical service is provided at a rate of 1 hour = $25, and charged hourly.
    • OTHER SERVICES: QualityMaximizer may provide services for only QualityMaximizer software site and related cases only. Such services are charged hourly. Payment is due upon request unless the pre-payment is required by QualityMaximizer. Payment is accepted via PayPal.com, by Credit Card, wire transfer and US bank cashers check.
    • USERS RESPONSIBILITIES: You are fully responsible to take necessary backup of files and database of the site and servers. QualityMaximizer is not responsible for any loses in case of web server crash and similar result during the technical service operation.


F. Confidentiality:

During the term of this Agreement, Users may have access to certain non-public information of QualityMaximizer. During the term of this Agreement and for three (3) years after termination of this Agreement, Users agrees to safeguard and not disclose to anyone outside the Program any proprietary or confidential information acquired during this Agreement that is not readily accessible to persons outside the Program. Such information includes, without limitation, business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.


G. Non-Exclusive:

This is a non-exclusive agreement as to QualityMaximizer and Users. Both parties may enter into similar agreements with other parties.


H. Applicable Law:

This Agreement shall be governed by and construed in accordance with the laws of the State of California of the United States of America, without regard to the application of conflict of law principles. Users hereby irrevocably and unconditionally submits for himself/herself to the nonexclusive jurisdiction of any California State court sitting in the City and County of San Francisco, and any appellate court from any such court, in any suit, action or proceeding arising out of or relating to this Agreement, or for recognition or enforcement of any judgment, and Consultant hereby irrevocably and unconditionally agrees that all claims in respect of any such suit, action or proceeding may be heard and determined in such California State court or, to the extent permitted by law, in such Federal court. User hereby irrevocably and unconditionally waives, to the fullest extent it may legally do so, any objection which it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement in California State court or Federal court sitting in the City and County of San Francisco. User hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such suit, action or proceeding in any such court and further waives the right to object, with respect to such suit, action or proceeding, that such court does not have jurisdiction over User.


I. Validity:

In the event that any one or more of the provisions of this Agreement shall for any reason be held to be invalid, such invalidity shall not affect any other provision of this Agreement.


J. Interruption of Service:

Although QualityMaximizer will try to keep the service operational at all times, a certain amount of downtime and interruption of service is always possible and inevitable. QualityMaximizer is not responsible for any interruption of the service and Users agrees not to hold QualityMaximizer liable for any consequences of interruption of any service.


K. Entire Agreement:

This Agreement contains the entire agreement of the parties and no oral statements or prior agreements shall have any force and effect.


L. Disclaimers:

QualityMaximizer DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, REVENUPILOT MAKES NO WARRANTIES WITH RESPECT TO ITS SERVICES.


M. Terms and Termination:

The term of this Agreement will commence on the date QualityMaximizer accepts and approves Users' completed application and will remain in full force and effect until terminated pursuant to this paragraph. All of the following terms and conditions must be adhered to and are legally binding immediately upon agreement. Both parties reserve the right to terminate this agreement at their discretion for any reason whatsoever. Users must notify QualityMaximizer seven (7) days in advance, from the Online Support Center ticket system in the QualityMaximizer member area, of its intentions to terminate the Agreement. The agreement may be terminated sooner by QualityMaximizer in the event of any breach by Users. Inability to comply with any of said terms of agreement will forfeit any unpaid earnings and result in immediate termination of Users' account. Further legal course of action may be considered to prosecute violating Users.


N. Refusal of Service:

QualityMaximizer reserves the right to refuse, cancel, or suspend service at our sole discretion.


O. Limitation of Liability:

QualityMaximizer will not be liable for lost profits, lost business opportunities, or any other indirect, special, punitive, incidental or consequential damages arising out of or related to this Agreement or QualityMaximizer program, even if QualityMaximizer has been advised of the possibility of such damages. Furthermore, QualityMaximizer aggregate liability arising under this Agreement will not exceed the amount of the total fees paid or payable to you under this Agreement. The provisions of this Section survive termination or expiration of the Agreement.