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Terms & Conditions

These Terms and Conditions (“Agreement”), together with the Privacy Policy, including any amendments or modifications thereof, and any policies, guidelines, or amendments that may have been presented to you from time-to-time, are the only and complete agreement between you, your employees, and Digital Muzes Marketing with respect to these matters. They govern your use Digital Muzes Marketing website, materials and products (collectively “Services”), and supersede any prior negotiations or agreements between Customer (“the parties”) with respect the subject the Services are provided by Digital Muzes Marketing. Customer accepts all terms and conditions.

Digital Muzes Marketing reserves all rights to modify or update the Agreement in whole or part at any time, at its sole discretion, without prior notice. Acceptance of any changes to the Services is also implied by your continued use of them after they are posted on the website. Digital Muzes Marketing may amend or modify the Agreement only if Customer has signed or given their express consent. This Agreement should be consulted regularly.

Services – Digital Muzes Marketing will provide the Services to Customer according to the plan that Customer selects upon submission of the order form. In return for payment of fees, Customer agrees to comply with the Agreement. Customer must be at least 18 years old. Customer agrees that they will provide accurate, current, and complete information at all times, including valid email addresses. Your password and account confidentiality are your responsibility. All activities under your account are your responsibility. You will also be responsible for any loss, theft, or destruction of data that results from access to your account through the use of account information. The Service may not be used for illegal or unauthorized purposes. In using the Service, you must not violate any laws in your area, including copyright laws.

IP Addresses – Internet Protocol addresses that Digital Muzes Marketing has assigned or given remain the property Digital Muzes Marketing. Digital Muzes Marketing retains the rights to the IP addresses and can only use them.

Term, Fees, and Payment – The Agreement’s initial term shall commence on the date Digital Muzes Marketing sends the email notifying Customer of their account activation. The Agreement’s term shall be for one (1) month. It will automatically renew each month after the expiration of its initial term, unless the Customer cancels in writing. The Customer must pay Digital Muzes Marketing before this service can be established. All subsequent payments will be due on the anniversary of the month for the service, unless the customer requests that all monthly payments be consolidated into one billing date. The date that Customer orders the Service(s) shall be the anniversary date for any future billings. This date will also serve as the date of the original order. The monthly recurring billing date for each month is the due date. Any credit card declined for any reason is subject to a $20.00 declination charge. Accounts more than 7 days late will result in the Service being suspended. Non-payment will result in a $50.00 reconnect fee. Late payments of accounts beyond the due date will be charged a $20.00 fee. Digital Muzes Marketing will not be responsible for any bank fees, interest charges or finance charges.

By reference to and link, our Billing Policy and Fees web page is incorporated herein these Terms & Conditions.

One-time Fees: These fees include setup fees, administrative fees and bandwidth overages. They are due at the time that they are incurred and must be agreed to in writing or by ticket with approval.

Cancellation: Digital Muzes Marketing must receive a written notice of cancellation within thirty (30) days prior to the anniversary billing date. This is required for any discontinuance or reduction in month-to-month services. The minimum thirty (30) day written notice required to cancel will be considered a cancellation. Digital Muzes Marketing cannot refund any services provided. This includes but isn’t limited to setup fees, one-time fees, monthly service charges, upgrade fees and additional service fees. Administrative fees and late fees are also included. The customer agrees to not charge back credit card payments for services rendered. An additional $150 charge will be added for any chargebacks of services rendered. This charge will be subject to collection from an authorized collection agency.

Digital Muzes Marketing offers a 99.9% uptime guarantee for its website services. This is valid for any 12-month period. Digital Muzes Marketing cannot guarantee uptime if downtime occurs due to (1) scheduled maintenance, (2) customer behavior or customer applications, and (3) circumstances over which Digital Muzes Marketing is not responsible. There are exceptions to the guarantee that no credits will be made. These include (1) backbone provider failures; (2) restoration of backups; (3) movement of accounts; (4) issues at Customer’s fault or third-party, (5) fiber optic main line cuts,(6) DNS or Registry issues with Customer’s domain names, (7) routing problems between Customer’s location, the data center, and (8) issues with Customer’s local ISP. (11) External issues like acts of God, war or governmental bodies, strikes, embargo, strike, flood, pandemics, supply chain issues, sabotage, etc.

Automated Updates – Some plans offer automatic updates to WordPress or other software that is enabled by default. Digital Muzes Marketing will not be responsible for any problems caused by automatic updates to Customer’s website or account. If Customer’s website relies on outdated plugins, themes, or any other legacy software, Customer should disable automatic updates through the control panel located at https://muzes.io

Backups – Website data are backed up every week, but Digital Muzes Marketing makes no guarantees about data availability, data validity, or backup frequency. Digital Muzes Marketing cannot be held responsible for any loss or recovery of data, even if it is due to negligence. Make sure to back up your data regularly.

Copyright Infringement DMCA – Digital Muzes Marketing will reply to any reports of infringement that have been formatted in accordance the Digital Millennium Copyright Act or other applicable copyright laws. Notifications of infringement not in compliance with the act will be rejected. When handling infringement reports, we will follow the DMCA. If you believe your work was copied or posted on the Digital Muzes Marketing Service without your permission, or in any other way that could constitute copyright infringement, please send Digital Muzes Marketing the following information: A description of the copyrighted material that you claim has been violated; a description where the material you claim to be infringing is located on Digital Muzes Marketing Service; Your address, telephone number and email address; and a written declaration by you under penalty of perjury stating that you are the infringing material and any evidence. Please contact us by email at [email protected].

Intellectual Property – The customer acknowledges that Digital Muzes Marketing holds all rights, title, and interests in and to the Digital Muzes Marketing services, including all intellectual property rights (“Digital Muzes Marketing Rights”), which are protected under U.S. and international intellectual properties laws. Digital Muzes Marketing Rights includes rights to the following: (a) Digital Muzes Marketing services developed and provided by Digital Muzes Marketing, and all trademarks, designs and intellectual property associated therewith; (b) all software related to the Digital Muzes Marketing Service. You agree not to copy, reproduce, alter or modify the Digital Muzes Marketing Service content or any content posted by Digital Muzes Marketing to the Digital Muzes Marketing services by any third party.

Disclaimer of Warranties – Digital Muzes Marketing doesn’t monitor or control the content that is sent through its facilities. Customer agrees to use the Services at their own risk. Customer is responsible for any damage to Customer’s computer system, other devices or loss of data that result from the use Services. The Services are provided “as is” as well as “as readily available”. Customer agrees to this. Digital Muzes Marketing disclaims any warranties or conditions, express or implied. This includes, but is not limited to, implied warranties and conditions that are merchantability, fitness, for a specific purpose, and non-infringement. Digital Muzes Marketing does not provide any advice or information to Customer, either through the Services or by oral or written means. Digital Muzes Marketing cannot guarantee that (1) the Services meet your requirements; (2) the Services are uninterrupted, timely and secure; (3) the results obtained from the Services may be accurate or reliable; (4) the quality or products, services, information, or other material purchased by Customer through the Services shall meet your expectations; and (5) errors in the Services can be corrected. Digital Muzes Marketing is not responsible for any delays or errors, loss or interruptions of the Services, or conditions beyond its reasonable control.

Limitation of liability – Digital Muzes Marketing is not liable for any direct or indirect damages. Digital Muzes Marketing, its employees, agents, or affiliates shall not be held liable for any damages beyond the amount paid by the customer for the three-month period. Digital Muzes Marketing may not be liable for incidental or consequential damages in some jurisdictions. In such cases, Digital Muzes Marketing’s total liability will be the maximum allowed by law.

Indemnification – Customer agrees that Digital Muzes Marketing, its officers, directors, investors and employees, as well as its affiliates, sponsors and advertisers, and its employees, officers, officers, agents, lawyers, agents, and partners, will defend, indemnify and save Digital Muzes Marketing from and against all claims, causes of action and losses. This includes any service or product purchased by Muzes Digital Marketing or its employees, customers, or agents. Digital Muzes Marketing will be held harmless by the customer for any liability resulting from: Any injury to property or person caused by products sold in connection with Digital Muzes Marketing services; any material provided by Customer that infringes or allegedly infringes on proprietary rights of third parties; copyright infringement; any defective product that Customer has sold through Digital Muzes Marketing services.

This Policy shall be interpreted solely by Digital Muzes Marketing. Digital Muzes Marketing’s liability shall be limited to the amount of the service paid by the customer.

Choice of Venue and Governing Law – These Terms of Service and your relationship with Digital Muzes Marketing will be governed solely by the laws of Washington state. Customer agrees that he or she will submit to the exclusive personal jurisdiction of the court located in the County of Whatcom, Washington.

Survival – Any terms and conditions that by their nature should survive the termination of this Agreement shall survive.

Severability – If any of the provisions in this agreement are deemed invalid or unenforceable by a court, it will not affect the validity and enforceability of the other provisions. In such cases, the invalid provision will be removed from the agreement. If the court determines that limiting an invalid provision would make it valid or enforceable, such provision will be considered to have been written, interpreted, and enforced in such a limited way. This provision can be modified or replaced by one that is valid, enforceable, and that achieves the original goals and intent of the parties, as they were reflected in the original.

Termination/Suspension – Digital Muzes Marketing may suspend Services to Customer without notice and without liability at any time for any reason, including, but not limited to, (1) violations of the Agreement, (2) failure of Customer to cooperate with any reasonable investigation of any suspected violation of the Agreement, (3) as necessary to protect its network and its other customers, (4) default on payment, or (5) as requested by a law enforcement or regulatory agency. Digital Muzes Marketing can terminate the Agreement before the term expires without notice or reason. This includes (1) a ten (10) day notice if Customer defaults on any payment due under the Agreement; (2) material violations of any other provisions of the Agreement and failure by Customer to remedy the violation within thirty (30 days) of Digital Muzes Marketing’s written notice describing the violation; (3) a one (1) day notice if Customer’s Service has been used in violation more than once of a material term.

No Waiver – Failure of Digital Muzes Marketing in exercising or enforcing any right or provision under this Agreement will not be deemed a waiver of such right.

No Agency – This Agreement is not intended to create any agency, partnership, or other type of joint venture between you and Digital Muzes Marketing.

Force Majeure – Digital Muzes Marketing will not default on any obligation under the Agreement if it is caused by an event outside of its control. This includes, but not limited to, major failure of a section of the power grid, significant failing of the Internet, natural catastrophe, strike or other organized labor action or terrorist activity or other events that are of a scale or type not normally taken in the industry.

Notices to Customer – All notices shall be sent via email. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Digital Muzes Marketing may send you notices regarding changes to this Agreement by email or via the Digital Muzes Marketing website.

Assignment – Without Digital Muzes Marketing’s written consent, the Customer cannot transfer or assign their Agreement. Digital Muzes Marketing can assign all or part its rights, benefits and obligations in connection to all or portions of the Agreement to any other party.

No third-party beneficiaries – Customer agrees there will be no third parties beneficiaries.

We reserve the right to refuse service.

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