TERMS AND CONDITIONS

Terms of Site Usage and General Terms

The following Terms and Conditions may be updated from time to time without notice. This website, www.psd2html.com (the “Site”), and its parent company, P2H Inc. (collectively “P2H”, or “P2H™”), may, from time to time, offer and promote services other than this Site, which services may be governed by different Terms and Conditions.

PSD2HTML.com service is a part of Konspiqus PSD2HTML® Family.

  • Access to the Site and Services

    By accessing, browsing, and using the Site and its services (“Services”), you ( “you” or the “User”) accept, without limitation or qualification, these TERMS AND CONDITIONS. If you do not wish to be bound by these TERMS AND CONDITIONS, you should not access the Site and its Services. By using the Services or the Site, you represent and warrant that you are 13 (thirteen) years of age or older and that you accept and agree to abide by all of the terms and conditions of this Agreement. The Site may, without notice to the User, add additional features or change or eliminate features or Services, change nomenclature, and make other changes at any time, which will be subject to these TERMS AND CONDITIONS.

    Privacy Policy

    Like you, we are Internet users and are concerned about privacy during your access and use of the Services. Please take the opportunity to review our privacy policy. We do not share your information or your IP address or other information that the Site may collect for purposes of providing an estimate of Services or delivering such Services as agreed upon by P2H™ and the User. Should you have any questions about our Privacy Policy, please complete our contact form, and we will address your question or issue as soon as possible.

    Copyright

    You acknowledge that the Site, its Services, any underlying technology used in connection therewith, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within the Site are protected by U.S. Copyright and Trademark laws. Except as expressly authorized by P2H™ or any relevant third parties, or as may be posted on the Site, the User may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. The User may not store any of the Content or the Services owned by or licensed to P2H™ in any form, whether archival files, computer-readable files, or via any other medium. The User also may not "mirror" or reverse engineer any Content or the Services on any other server.

    Trademarks

    The marks P2H™ and PSD2HTML® are trademarks and service marks owned by P2H Inc. The domain name www.psd2html.com is operated by P2H Inc. Any unauthorized use or claim of ownership of either the marks or the domain name will be prosecuted to the full extent of the law.

    Offensive Conduct Policy

    We wish for all of our Users to have a pleasant experience while visiting our Site. Accordingly, the use of hateful, offensive, profane, racist, sexist, vulgar, or otherwise inappropriate conduct or language on the Site is not permitted and will not be tolerated. Additionally, we will not perform services for any User whose content includes, promotes or distributes material reasonably considered to be illegal as well as content which promotes terrorism, hate crimes, or other objectionable material. P2H™ does not permit the posting or publication of material that contains pornography, abuse, dangerous or illegal activities, terrorism, hate crimes, or any other objectionable or illegal material. P2H™ reserves the right to refuse service to anyone posting or publishing such materials without notice or further justification. P2H™ reserves the right to reject, remove, or otherwise exclude any such language from use on its Site. Moreover, P2H™ reserves the right to prevent any User who is in violation of this policy from making future postings on the Site.

    Disclaimer of Warranty

    THE USER AGREES THAT, EXCEPT AS OTHERWISE MIGHT BE EXPLICITLY PROVIDE HEREIN, ACCESS TO THE SITE, AND USE OF THE SERVICES IS AT THE USER’S OWN RISK. NEITHER P2H™ NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICES MAY BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY, OR CONTENT OF THE SERVICES. ALL OTHER SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL P2H™ OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF P2H™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THE USER’S USE OF OR INABILITY TO ACCESS THE SITE, OR TO USE ANY OTHER SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO P2H’S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES P2H’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, NOT TO EXCEED THE AMOUNT PAID FOR THE SERVICES.

    NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF ANY USER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD ON THE PART OF P2H™.

    Indemnification

    The User agrees to indemnify and hold P2H™ and its affiliates, officers, agents, partners, and employees, harmless from any claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of information submitted by, posted to, emailed, or otherwise transmitted by the User through the Services, your use of the Services, your connection to the Services, or your breach of the TERMS AND CONDITIONS.

    Designated Agent

    All inquiries into alleged trademark or copyright infringement on the Site or its Services should be directed to P2H Inc., 723 S Casino Center Blvd, Las Vegas, NV 89101.

    Local Laws; Export Control

    P2H™ controls and operates the Site from its headquarters in the United States and makes no representation that the Content is appropriate or available for use in other locations. If the User uses the Site and its Services from other locations, the User is responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. P2H™ also disclaims responsibility for any User attempting to do business with this Site from countries with which the United States has specifically banned trade and commerce, such as Cuba, Iraq, Syria and others as listed on the U.S. Department of State’s website. P2H™ will not provide any Services for a User domiciled or doing business from any barred country. Unless otherwise explicitly stated, all marketing or promotional materials found on the Site and its Services comply with the laws of the United States.

    General

    By accessing the Site, the User agrees to the above stated TERMS AND CONDITIONS. This Agreement is entered into in the State of Nevada and shall be construed in accordance with the laws of the State of Nevada, exclusive of its choice of law rules. Each party to this TERMS AND CONDITIONS submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the State of Nevada, Clark County, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these TERMS AND CONDITIONS, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any provisions of these TERMS AND CONDITIONS are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these TERMS AND CONDITIONS shall otherwise remain in full force and effect. These TERMS AND CONDITIONS and any posted guidelines or rules applicable to the Site and Services subject to this Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. Please report any violations of the TERMS AND CONDITIONS through our contact form.

Terms of Service Usage

Our current rates for HTML / CSS, JavaScript, Email Template and CMS integration / development are available at order page.

Additional charges may apply depending on the project complexity. We reserve the right to amend our pricing for any changes or additions to the project subsequent to our commencement of the project.

Expedited delivery service is available for extra charge.

WORKING SCHEDULE

Development Team: 9:00am - 6:00pm GMT / 4:00am - 1:00pm EST

Development Consultants and Live Chat Support: Monday-Friday, around the clock, with a 4-hours break: 9:00am - 11:00pm GMT / 4:00am - 6:00pm EST

The Development Consultants provide the quote & ETA within 1 hour for markup and within 3 hours for implementation / development according to the schedule above.

DELIVERY TIMELINES

The standard turnaround time for the first page of non-responsive HTML / CSS layout usually takes 6 working hours and 9 hours for the responsive one. Each additional / inner page associated with the same project generally takes 3-4 working hours, depending on the complexity and specifications of the project.

The delivery timeline takes effect at the time that (1) payment has been made for the order and (2) the order details have been accepted and agreed upon by the parties. The order is considered to be commenced at the time your project manager gives you the estimated delivery date; you can track your order status in the Client Area of the Site.

The estimated timelines for JavaScript, CMS / eCommerce development are provided after the investigation of the designs and requirements.

ACCEPTANCE

Default acceptance criteria are applicable to all projects and all project stages. A delivery is considered accepted if:

  • the client approves a delivery in the order thread or
  • the client does not send any feedback/change request within fourteen (14) days for markup project and within thirty (30) days for CMS integration / development projects.
  • the client has requested us to proceed with the next project stage. A project stage could be the next batch of HTML/CSS coding, JavaScript functionality, CMS development, deployment of the theme to an external server or delivery of the theme files in a zip archive.

FIXES / UPDATES AND POST-DELIVERY SUPPORT

We provide all fixes (if any) for free until the project is accepted according to the “ACCEPTANCE” paragraph.

Paid updates / changes are available upon requests.

Any updates for accepted implementation / development projects delivered over thirty (30) days prior to the request are subject to a deposit of three hundred (300) USD. This includes eight (8) man-hours of project manager and / or developer time and is valid for the next thirty (30) days only.

All further updates are charged at forty (40) USD per hour.

REFUND POLICY

A full refund will be considered based on the following reasons:

  • the client’s order cannot be completed;
  • the client’s request to cancel the order is received before the development is started;

A partial refund will be considered based on the following reasons:

  • the client is not reasonably and legitimately satisfied with the quality of the code or service and provides a comprehensive proof / explanation of the matter;
  • the client is not satisfied with the resulting product upon a review on our test server. A refund may be issued upon the confirmation of both parties, and upon the clearance of all details related to the refund.

If the order is completed according to the specifications of the client, some minor errors should be deemed acceptable and cannot be a reason for full or partial refund.

PAYMENT

Payments will be charged on a prepay basis on the day that the order is created. Refunds are provided under certain circumstances, as set forth in paragraph “REFUND POLICY” of this Terms of Service Agreement.

Whenever post-payment is available, by confirming the order, the client agrees to pay the agreed-upon amount for the services.

CONTENT AND TERMS AND CONDITIONS

We reserve the right to refuse to work on any project, without the need for providing justification therefore. We will not provide services for any project or potential client for content which is offensive, illegal or which contains illicit or infringing material.

The Client is fully responsible for the provision, exploitation, maintenance and use of all content, provided by him, including, but not limited to, issues related to:

  • correspondence of the Client's content to provisions of laws about copyright protection of all applicable jurisdictions;
  • any claims, related to the content;
  • immediate reaction for notices to the Client (or affiliated persons) by any person, claiming that the Client's content is infringing the rights of such person.

The Client shall indemnify and hold P2H Inc., its affiliates, subsidiaries and related companies harmless from any losses, claims, obligations or other liabilities related to or arising out of the foregoing.

© 2011-2014 P2H Inc. P2H™ and PSD2HTML® are trademarks of P2H Inc.