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TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. 

By using Apini Virtual LLC, the website,  www.apinivirtual.com,  (the "Site" or "Website") and any services provided by or on this Website ("Service(s)"),  you agree to follow and be bound by these terms and conditions (the "Terms and Conditions") and agree to comply with all applicable laws and regulations. In these Terms and Conditions, the words "you" and "your" refer to each customer, Site visitor, "we", "us", "service provider", and "our" refer to Apini Virtual.

It is your responsibility to review these Terms and Conditions periodically. If at any time you find these Terms Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this Site. We may revise these Terms and Conditions at any time without notice to you. 

 

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 21 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

 

These Terms and Conditions require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

 

DISPUTE RESOLUTION

Please read this carefully. It affects your rights.

Any controversy or claim between or among the parties, the Parties shall first attempt to resolve their differences in good faith before the request of any party be determined by arbitration. The arbitration shall be conducted in the state of Florida. Any controversy concerning whether an issue is arbitrable shall be determined by the arbitrator(s). Judgment upon the arbitration award may be entered in any court having jurisdiction. The institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for judicial relief.  Parties to the arbitration shall divide the cost of the arbitrator’s fees and expenses evenly. Disputes shall be governed exclusively by the laws of Florida state.

 

Acceptable Use.  You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company. a) You further agree not to use the Website or Services: I) To harass, abuse, or threaten others or otherwise violate any person's legal rights; II) To violate any intellectual property rights of the Company or any third party; III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another; IV) To perpetrate any fraud; V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme; VI) To publish or distribute any obscene or defamatory material; VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group; VIII) To unlawfully gather information about others. IX) To reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services; X) To violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network. XI) To spam, including gathering email addresses and personal information from others or sending any mass commercial emails.

 

Third Party Links.  The Website may comprise links to external or third-party Websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate with the site administrator for those External Sites.  We have not reviewed all of the third-party websites linked to by the Website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the third-party website. Navigation to and use of any such linked website is at the user’s own risk. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measures when you are downloading files from all these Websites to safeguard your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.

Communication. For support and meetings, hours of communication are Monday through Friday from 9 a.m. to 5 p.m.  EST via chat, e-mail, webcam, or telephone. 

Payment Terms. 

1) We do not provide refunds, credits, or exchanges. 

 

2) Apini Virtual or the third-party service provider may charge you for the third-party services provided to you. You agree to pay for the selected third-party services with the credit card account provided when registering on our website. You are authorizing and directing us to charge this account for these charges when ordering a product or service on our website. If payment does not clear, the service provider may not provide the service. You are liable for any fees, including any legal or collection fees for any unpaid, declined, or returned charges. 

We or the third-party service provider may use a third-party payment processor to process payment. This transaction will be subject to all terms conditions and privacy policies of the payment processor and your credit card provider. We are not responsible for any errors of a payment processor. Transaction data will be provided to us, but to be used in accordance with our Privacy Policy.

 

3) All prepaid hourly-based services must be met before providing service and to maintain ongoing services. All time spent on the project—including meetings and communications—is billable. Hours are to be used within a month. Some services require a 50% - 75% deposit to start and all remaining fees are due immediately upon completion of the service and are non-refundable.  All material or property belonging to Client, as well as work performed, may be retained as security until all claims against Client are satisfied even in the case of service termination by either party.

4)  We will make pre-authorized purchases on your behalf with the pre-authorized card in your file. Expenses incurred on behalf of Client are NOT included in any fees and will be billed to Client. Reimbursable expenses may include, but not limited to, office supplies (e.g., file folders, envelopes, removable storage drives, etc.,), mileage, payments made to vendors, and shipping and handling costs. When applicable, on-site visits will be billed for meeting time, round trip travel time, and mileage. This also applies to any travel expense. Payment is due upon receipt. 


5) Failure to pay any balance due will result in collection efforts being initiated in (30) days from the invoice date.

NO WARRANTY.  THE SITE, SERVICES, APPLICATIONS, AND ALL MATERIALS, OR CONTENT PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANCILLARY SERVICE, TITLE AND NON-INFRINGEMENT. PURCHASES ARE MADE AT THE RISK OF THE BUYER AND APINI VIRTUAL IS NOT LIABLE. IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE ARE EXPRESSLY WAIVED. THAT SECTION PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IN ADDITION, YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY PROTECTION THAT MAY EXIST UNDER ANY COMPARABLE OR SIMILAR STATUTES AND PRINCIPLES OF COMMON LAW OR ANY OTHER STATE LAWS AS IT PERTAINS TO THE ENFORCEMENT OF THE RELEASES PROVIDED IN THIS PARAGRAPH.

WE MAKE NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ALTHOUGH WE CANNOT MAKE AN ABSOLUTE GUARANTEE OF SYSTEM SECURITY, WE TAKE REASONABLE STEPS TO MAINTAIN SECURITY. IN ADDITION, THIS WEBSITE IS POWERED BY WIX, FOR FURTHER INFORMATION ON SECURITY, REVIEW WIX PRIVACY POLICY. IF YOU HAVE REASON TO BELIEVE SYSTEM SECURITY HAS BEEN BREACHED, CONTACT US BY EMAIL FOR HELP.

 

IN ADDITION, WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE.

OBTAINING ANY SERVICES THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. 

LIMITATION OF LIABILITY AND INDEMNIFICATION.  CLIENT AGREES TO HOLD APINI VIRTUAL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AND AGENTS HARMLESS FROM ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE OR LOSSES, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAD BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF US, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN ADDITION, SERVICE PROVIDER WILL NOT BE LIABLE FOR LOSS, DAMAGE OR DELAY OF CLIENT’S PROJECT DUE TO CIRCUMSTANCES BEYOND OUR CONTROL. SUCH CIRCUMSTANCES MAY INCLUDE (BUT ARE NOT LIMITED TO) ACTS OF GOD, PUBLIC UNREST, POWER OUTAGES, AND INABILITY TO CONTACT CLIENT.

ACCURACY.  1) CLIENT AGREES THAT THE ACCURACY AND CLARITY OF INSTRUCTIONS, INFORMATION, CONTENT, AND SOURCE MATERIALS SUPPLIED TO SERVICE PROVIDER IS THE SOLE RESPONSIBILITY OF CLIENT AND THAT SERVICE PROVIDER IS NOT RESPONSIBLE AND SHALL NOT BE HELD LIABLE FOR THE RESULTS OF SERVICES PERFORMED ON THE BASIS OF INACCURATE, INCOMPLETE, OR UNTRUTHFUL INFORMATION FURNISHED BY CLIENT. 2) CLIENT ASSUMES FULL RESPONSIBILITY FOR ACCEPTANCE OF WORK OR SERVICES PERFORMED, AS WELL AS FINAL PROOFREADING AND ACCURACY. SERVICE PROVIDER IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS.

Confidentiality.  Service Provider will protect Client's record information and treat it as confidential. This provision shall continue to be effective after the termination of this Agreement. 

Right to Refuse and Termination.  You acknowledge that We reserve the right to refuse service to anyone and to cancel user access at any time. Termination of use can occur at any time for any reason without notice.  In the event of termination,  all material or property belonging to Client, as well as work performed will be delivered or transferred on a maximum of (14) business days after any due balance is satisfied with the exception of items purchased by Service Provider and not reimbursed by the Client.

Non-Solicitation. You will not attempt directly or indirectly engage in any business with the Company’s agents, sub-contractors, or affiliates outside this agreement. It is agreed that if Client violates this clause in the Agreement, irreparable harm will occur, and money damages will be insufficient to compensate Apini Virtual. In the event of a breach of this Agreement, Apini Virtual will be entitled to seek injunctive relief (i.e., a court order that requires all parties to comply with this Agreement) to enforce the terms of this Agreement.  In case of a lawsuit, Apini Virtual has the right to collect from You the necessary costs, fees, disbursements, and attorney's fees incurred in the process to enforce this clause breached by You.

Intellectual Property and Use Of Services.  All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, Apini Virtual ALL RIGHTS RESERVED. All images and text, and all page headers, custom graphics, and button icons are trademarks of Apini Virtual. You are granted a limited, revocable license to print or download for non-commercial, informational, and educational personal use only. You hereby acknowledge that all rights, titles, and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, sell, or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through the use of or access to the proprietary information related thereto.  You are not permitted to sell or redistribute any of our products or services, without our express written consent.

When accessing our website, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark, and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit or that is provided or transmitted using our Site.

Portfolio use. Client agrees that Service Provider may use all produced items of work and progress information in Company's portfolio. Nothing contained herein shall limit Company's such right. 

No Agency, Partnership, Joint Venture, or Exclusive Relation. No agency, partnership,  joint venture, or exclusive relation has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties. 

Force Majeure.  The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

Property. All billing (including invoices, statements, and estimates), reports are provided as a convenience to Client at the discretion of Service Provider.

Severability. If one or more of the provisions in this Agreement are deemed void by law, then the remaining provisions will continue in full force and effect.

Entire Agreement. These Terms and Conditions, our Privacy Policy, Disclaimers, and any other document we deem relevant constitute the sole and entire agreement between you and us with respect to our Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to our Site and Services.

Contact.  If you have any questions, please contact us at info@apinivirtual.com.

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