Terms of Service and Conditions of Wolozo LLC
The below Terms and Conditions are to protect you, our clients, and Xolozo. We take great pride in our work and strive for your satisfaction. The best work comes out of great relationships. As much as legal documents are important, what truly binds us is our drive to do great work with great people and to develop a relationship of mutual respect and trust.
Terms of Service and Conditions of Wolozo LLC dba Xolozo
Users of the Wolozo.com Website, other Wolozo LLC websites, and work for hire websites, collectively defined as the Site, and clients and customers collectively defined as Users and/or You, who agree to enlist the services, products, and/or software, collectively defined as Services and/or Project, offered by Wolozo LLC acknowledge and accept these terms and conditions and the terms and conditions of the work for hire websites. This terms of service agreement, the privacy policy, and all other applicable terms (collectively, the “agreement”) govern your use of any Wolozo LLC Services as used in this agreement. Any payment received by Wolozo LLC from you the User for Services that extend beyond the Site and which include these terms and conditions or a link to these terms and conditions are in consequence governed by these terms and conditions.
Owner of Wolozo LLC and related Services
Mailing
Wolozo LLC
PMP 107, 3412 Pemberton Square Blvd, Suite 2
Vicksburg, Ms 39180
United States of America
Owner contact email: info@wolozo.com
Business
Wolozo LLC
2160 Highland Avenue South Suite 100
Birmingham, Alabama 35205
United States of America
Information about Wolozo LLC
Wolozo LLC provides the Wolozo Website Care services and various related services and/or products and/or software including website design services, website hosting services, WordPress development services, and many consulting and instructive services to you, the User.
Use and Description of the Services offered on and by Wolozo LLC
In order to access some of the Services provided by Wolozo LLC, you will be required and responsible for the utilization of accounts and secure passwords. Wolozo LLC requests certain information and data, and maintaining and updating your information and data as required. By registering and/or obtaining Wolozo LLC Services, you agree that all information provided in the information and data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
You also grant us the right to disclose to third parties certain Registration Data about you, which is required for the completion of the service. The information we obtain through your use of our site and Services, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
Wolozo LLC Services may be connected to third-party services, products, and/or software. Wolozo LLC makes no assurance and no warranty of third-party services, products, and/or software in any manner. You the User may provide third-party services, products, and/or software in which Wolozo LLC is requested to modify, in the form of extending, removal, replacement, and application of third-party updates. Wolozo LLC makes no assurance and no warranty of the longevity of the compatibility with future services, products, and/or software obtained from third-parties or Wolozo LLC. Services, products, and/or software requiring Product Keys, License Keys, Update Keys, or any software-based key used to determine the validity of a service, product, software, and/or a user; Wolozo LLC cannot assure and provide Services, without an active and legal User-provided software-based key.
Wolozo LLC performs Services in WordPress development and as such, many Services in the form of extending, removal, replacement, and application of third-party updates that utilize or derive the WordPress software are released using the GNU General Public License, version 2 (GPLv2) and as such may be downloaded, reused, modified, and distributed freely and on request. Wolozo LLC is acting as the User’s agent and is not held responsible to distribute any code base for the User.
Fixed limits are placed on many Services in order so that we can provide a well functioning Service for all users. We can disable your account and/or our Services rendered should there be any attempt to use the Service in a way that we deem to be unreasonable and that affects the usage of the Service by others. What consists of ‘reasonable use’ is completely at the discretion of Wolozo LLC and your account may be disabled without prior notice if your usage and requirements are disruptive and if deemed necessary to restore a quality of Service. The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by Wolozo LLC, at its sole and exclusive discretion.
Any proposal, prices, and/or time estimates sent by Wolozo LLC are considered available and valid for up to ten days after submission to the User. The User has the right to accept, amend, and/or reject any aspect of a proposal, price, and/or time estimate. Any rejection or amendment of any aspect of a proposal which is accepted, amended, or rejected by Wolozo LLC, does not imply the design and implementation of the project will function as set forth in the original proposal or any communications of such.
User requests for modifications and revisions: and/or change orders that are deemed outside of the original scope of work, or project requirements and/or specifications for any Service (service, product, and/or software created or modified) by Wolozo LLC will incur additional fees and changes to any and all estimates. As time is required to review, plan, and classify the implementation of such requests and/or orders, Wolozo LLC may delay communication until the plan and estimates are satisfied to be fully communicated by the User. No such request and/or order is guaranteed and requests and/or orders deemed major by Wolozo LLC may require the initiation of a new project, proposal, and/or contract.
Any proposal, prices, and/or time estimates sent by Wolozo LLC assume all Services, requests, revisions, changes, and/or tasks are fully accessible and reachable from the codebases of the system including but not limited to active WordPress theme, active WordPress child theme, and/or any active WordPress plugin; and/or the WordPress backend. All aspects including the current codebases and implementations are using the current WordPress and/or coding best practices and that no specification requirements exist to recreate any existing functionality and/or plugins to achieve the aforementioned defined requests.
Services by Wolozo LLC for the User or the User’s client may be used to present or showcase publicly, in person, electronically, or by any means current or future, to audiences outside of Wolozo LLC or the User. Services the User deems confidential must be deemed as confidential to Wolozo LLC prior to obtaining the Services of Wolozo LLC.
We reserve the sole right to modify or discontinue Wolozo LLC and/or any of the Wolozo LLC Services and properties, including any features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current Services of Wolozo LLC shall also be subject to these Terms of Use.
You the User are responsible for providing, at your own expense, all equipment necessary for you to use the Services provided by Wolozo LLC, including payment of all fees associated with such access.
Wolozo LLC may provide access to external resources and links to other websites. You understand that these other websites are independent of Wolozo LLC and Wolozo LLC has not reviewed nor responsible for the content of any other website. Wolozo LLC makes no claim or representations or endorsement about such external resources, other websites, or their entities, products, or services.
It is agreed that Wolozo LLC is not responsible or held liable for any errors or changes contained in any service, product, and/or software created or modified by Wolozo LLC after the delivery or submission of such has been approved by the User. It is the sole responsibility of the User to notify Wolozo LLC of any issues, errors, or changes prior to User approval. Unless otherwise stated by Wolozo LLC in writing, physically or electronically, all Services delivered or submitted to the User by Wolozo LLC, a contractor of Wolozo LLC, or any third-party in a representation of Wolozo LLC, are deemed complete, accurate, and approved by the user automatically after 10 business days. Additional fees will incur if issues, errors, or alterations are to be fixed, modified, or created. Any Services performed by Wolozo LLC in which the User has been inactive for 30 days or more is deemed a completed and delivered project and/or Service. Any and all responsibilities of Wolozo LLC set forth in any document or communication related to the project are deemed satisfied by the User. Any payments and/or fees outlined or planned on project completion are immediately due from the User. This excludes payments and/or fees for any responsibility not performed by Wolozo LLC. The User, along with Wolozo LLC, must agree to continue, renew, or amend the prior terms of the project to reactivate the project, start the project as new, and/or for Services to be performed. Unless otherwise stated in writing, physically or electronically, all services, products, and/or software created, modified, or rendered by Wolozo LLC to the User are deemed independent of each service, product, and/or software created, modified, or rendered by Wolozo LLC including such services, products, and/or software within the same contract, invoice, proposal, or communication.
An increase of cost and price will incur on any revision requests and/or change requests where the defined specification is subjective and/or non-specific. An increase of cost and price may incur on any revision requests and/or change requests where the defined specification is explicit.
Many project deliverables are held by Wolozo LLC at a minimum of 14 days post project completion. If the User requires Wolozo LLC to submit any deliverable, data, or aspect after the project is deemed closed and complete, a fee to cover time and data transfer of no less than $15 may incur and is due to Wolozo LLC prior to the submission of such aspects.
Wolozo LLC shall not be liable for any failure or delay in supply or delivery of services, products, and/or software where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Wolozo LLC. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant or operations, theft, vandalism, riots, civil commotions, accidents of any kind, death, illness, or act of terrorism. All dates, times, timeframes, budgets, or prices communicated to the User by Wolozo LLC, a contractor of Wolozo LLC, or any third-party in representation of Wolozo LLC, unless communicated in a signed contract are to be considered estimated and/or as an approximation of such and any of such Services exceeding the estimate and/or approximation of such will be communicated when possible and in a reasonable time frame to the User. Requests, revisions, and communications by the User to Wolozo LLC and/or approved, accepted, or received by Wolozo LLC will extend or increase any estimation or approximation. Any unforeseen or unknowable tasks or changes to third-party software that may conflict, extend, or increase workload will extend and/or increase any estimation or approximation. This is not to say that Wolozo LLC will not, however, Wolozo LLC is under no obligation to communicate any increase outside of cost in regard to estimates and/or approximations to the User for any increase in estimate and/or approximation initiated or caused by User requests, revisions, communications; and tasks or changes unforeseen or unknowable as the time involved to replan, reestimate, and communicate to the User is determined to be disproportionate to the goal of the completion of the project by Wolozo LLC in a timely manner. The User may at any time during an active project request an estimate of dates, times, timeframes, budgets, or prices under the sole understanding that this request may extend and/or increase the estimate or approximation of dates, times, timeframes, budgets, or prices.
Wolozo LLC may make an early stage or non-production Services (“Beta Services”) available to you at no charge. Beta Services are intended for evaluation purposes only, and may be subject to additional terms that will be presented to you at the time of sign-up. Wolozo LLC may, but is not obligated to, provide you with support for the Beta Services or correct any issues within the Beta Services. Unless otherwise stated, any Beta Services’ trial period will expire at any time after the start date or the date that the Beta Services becomes generally available and no longer deemed as Beta Services. We may discontinue Beta Services at any time in our sole discretion. We will have no liability for any harm or damage arising out of or in connection with any Beta Services.
Service Reselling
If the User is utilizing the services, products, and/or software of Wolozo LLC for the User’s clients or a third-party, Wolozo LLC must know prior to any Services rendered. Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Wolozo LLC that is not covered under the GNU General Public License, version 2 (GPLv2). This Agreement applies to all users of the Service. If you are entering into this Agreement on behalf of a company, organization, or another entity, you are agreeing to this Agreement for that Entity and representing to Wolozo LLC that you have the authority to bind such Entity to this Agreement, in which case the terms “you” or “your” or User herein will refer to such Entity.
International Use
Wolozo LLC makes no representation that any internet provided Content is appropriate or available for use in locations outside of the United States. Access to the Sites or Services from countries or territories where such access is illegal is prohibited. Those who choose to access the Sites or Services outside of the United States do so on their own initiative and are responsible for compliance with their local laws along with Wolozo LLC local laws and any international laws.
Purchase
Wolozo LLC utilizes third-party payment processors (the “Payment Processors”). The processing of payments may be subject to the terms, conditions, and privacy policies of the Payment Processors in addition to this Agreement. We are not responsible for errors by the Payment Processors.
Purchasing Process
Orders placed by the User are deemed an offer to purchase the Service. Orders are subject to availability and are accepted at the discretion of Wolozo LLC. When available, the User must select the desired Service, choosing the type, duration, and any available option that fits their requirements, and check-out only after having carefully verified the information contained in the Shopping Cart.
Receipt of payment does not constitute acceptance of the Order or the commencement of a Service. The contract shall be concluded at the time of the Order Confirmation by Wolozo LLC to the email address provided by the User or when the Service is first performed. Wolozo LLC reserves the right not to confirm an order, should one or more of the Services purchased be unavailable. In this case, Wolozo LLC will notify the User to the email address associated with the purchase about the unavailability of the Services purchased within 5 business days from order and will provide the option for a refund of any amounts paid by the User.
To place an order, Users must register on the site providing the requested data. The indicated prices include taxes, fees, and charges of the law applicable. Wolozo LLC reserves the right to offer discounts and various promotions throughout the year. Current and future discounts are not applicable to past purchases and/or fees.
Recurring Subscription
Some of the Services offered by Wolozo LLC are available via recurring subscriptions. In this case, payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each payment cycle to maintain the benefits provided by the paid services. Some subscription cycles may be prorated and/or combined but not to exceed the initial agreement.
Wolozo LLC reserves the right to change the subscription fees or price charged for the Services, at any time in our sole discretion, provided that we give you at least thirty (30) days’ prior notice of such changes. Unless otherwise specified in such notice to you, any changes to the subscription fees will take effect in the billing period immediately following our notice to you.
Automatic Renewal
Recurring subscriptions are renewed through the payment method that the User chose at the time of purchase. The renewed subscription will last for an equal period of time as the original service period. Users may cancel automatic renewal at any time by changing their preferences for the payment method used. If the User cancels an automatic renewal, then Wolozo LLC may be forced to cancel their subscription when it runs out.
The methods of payment used to correspond to the payment method the User has chosen for subscribing to the original plan. The User is obliged to check that these payment methods are valid in order to allow the automatic update of the subscription plan to function properly. If the payment methods are chosen by the User result unfit or unsuitable for use, Wolozo LLC may be forced to suspend the provision of the Service.
Disabling the Service, Withdrawal, and Refund
Users may discontinue the Service at any time by contacting Wolozo LLC.
When disabled, Users are not allowed to claim for payments already made even if these relate to unused portions of the Service purchased. Wolozo LLC reserves the right, however, in its sole discretion and without involving charges or obligation to Users generally, to grant reimbursement in very exceptional cases after evaluating the specific circumstances of the case.
The User may, within 14 days after the date of activation or payment of the Service, make a refund request, by sending notice to Wolozo LLC while including any information necessary to identify the purchase to which the claim relates.
Approved refunds will be made within 14 days after receipt of the request using the same payment method involved during the original purchase.
To qualify for the full monetary amount of a refund, the User’s cancellation and/or refund request must be received by Wolozo LLC no later than 14 days after the date of activation and/or the payment of the Service, 14 days prior to the project start date, and no Services have been performed or project-related costs incurred by Wolozo LLC.
Partial refunds will be prorated based on length of time and/or costs of any non-refundable services, products, and/or software provided by Wolozo LLC or any third-parties.
In the occurrence a Service is unattainable as a result of any of the aforementioned terms and conditions, a refund for that specific Service, a partial refund is qualified and prorated determined by the time and/or procurement costs to conclude the unattainability of the Service.
Any non-payment of invoices and/or balances due extending beyond thirty days of the initial invoice date or submitted deliverable, the Service is considered temporarily suspended and all services to be provided by Wolozo LLC will suspend until payment is received in full plus, any agreed upon late fees are paid in full, and any delays in Service timeline are settled.
If payment extends beyond 45 days, the Service is considered canceled and all Wolozo LLC Services, past and present, provided to the User are deemed satisfied.
Methods of Payment
Wolozo LLC uses third-party tools for its payment processing and is not connected with any of the provided payment information such as the credit card in any way.
If the owner of any of such third-party tools refuses to authorize a payment, Wolozo LLC cannot provide the Service and will therefore not be liable for any delay or failure to deliver.
Indemnity
The User agrees to indemnify and hold Wolozo LLC and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, contractors, and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
Service Interruptions
You acknowledge that: your access to and use of Wolozo LLC and/or the provision Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Website for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to you, to suspend access to any portion or all of the Website and/or the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any service; (b) in the event of a denial of service attack or other attack on the Website or other event that we determine, in our sole discretion, that a risk to the applicable service, to you or to any of our other users may be created if the Service were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”). We shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension.
Security and Password
Wolozo LLC stores User supplied sensitive data, such as login credentials of the Users passwords and accounts, encrypted and utilizes secure APIs to gain access to various User accounts when reasonably viable. Wolozo LLC should be provided account specifically to Wolozo LLC or granted administrative rights rather than supplying your login credentials.
The User is solely responsible for maintaining the confidentiality of the Users sensitive data and for any and all statements made and acts or omissions that occur through the use of the Users sensitive data within Wolozo LLC or within other services, managed and not managed by Wolozo LLC, hosting environments, and any additional third-party in which the Users has directly or indirectly granted Wolozo LLC a right to access. The user is expected to communicate sensitive data, such as login credentials, in a secure manner. Therefore, the User must take all steps to ensure that others do not gain access to the User’s sensitive data.
Wolozo LLC implements security procedures to help protect your servers, websites, data, and sensitive data from security threats. The User understands that the use of the Services necessarily involves providing Wolozo LLC access to your servers, websites, data, and sensitive data and that we cannot guarantee that our security procedures will be error-free, that your data will always be secure, or that unauthorized third parties will never be able to defeat our security measures.
Intellectual Property
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Wolozo LLC are, and remain, the exclusive property of Wolozo LLC or its licensors and are protected by the laws in force on trademarks and by related international treaties.
You agree not to copy, reproduce, or use any Intellectual Property without Wolozo LLC consent. Many open source tools used to create the Services are available via the MIT, GPL, and other open source licenses.
If a User chooses to communicate to us suggestions for improvements to Wolozo LLC or any properties thereof, Wolozo LLC shall own all right, title, and interest in and to the suggestions and we shall be entitled to use the suggestions without restriction. The User hereby irrevocably assign all right, title and interest in and to the suggestions to Wolozo LLC and waives all rights in the suggestions, and agrees to provide Wolozo LLC such assistance as we may require to maintain our rights to the suggestions. The User shall acknowledge and agree that: (i) the suggestions do not contain confidential or proprietary information; (ii) Wolozo LLC is not under any obligation of confidentiality, express or implied, with respect to the suggestions; (iii) Wolozo LLC shall be entitled to use or disclose (or choose not to use or disclose) such suggestions for any purpose, in any way, in any media worldwide; (iv) Wolozo LLC may have something similar to the suggestions already under consideration or in development; and (v) the User is not entitled to any compensation or reimbursement of any kind from Wolozo LLC under any circumstances.
Privacy Policy
For information about the use of their personal data, Users must refer to the privacy policy of Wolozo LLC which is hereby considered to be part of these Terms. It is important that you read and understand the terms of our Privacy Policy.
General
No agency, partnership, joint venture, or employment is created between you and Wolozo LLC as a result of the Terms of Use or Services provided and you do not have any authority of any kind to bind Wolozo LLC in any respect whatsoever.
Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation, and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where Wolozo LLC has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
If any of the provisions of the Terms of Use or their application is found to be invalid under any applicable statute or rule or law, they are, to that extent, deemed omitted and the validity of the other provisions of the Terms of Use will not be affected.
These Terms and Conditions, or terms, constitute a legally binding agreement between the User and Wolozo LLC.
Latest update: May 19, 2021
