Terms and Conditions of Use for Online Services by PSD2HTML®

Terms of Site Usage

The following Terms and Conditions may be updated from time to time without notice. The User may review the most current version of our service, PSD2HTML^®, at any time at www.psd2html.com (“Site”). The Site, PSD2HTML^® and its parent company, P2H Inc. (collectively “P2H”, or “P2H™”), may, from time to time, offer and promote Services other than this Site which may be governed by different Terms and Conditions.

Access to the Site and Services

By accessing, browsing, and using the Site and its services (“Services”), you 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 agree to and 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 store your information or sell 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 Services, 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 servicemarks owned by P2H Inc. The domain name www.psd2html.com is owned 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 laws.

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 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 South Casino Blvd, 2nd Floor, 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 Commonwealth of Massachusetts and shall be construed in accordance with the laws of the Commonwealth of Massachusetts, 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 Commonwealth of Massachusetts, Middlesex County, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this TERMS AND CONDITIONS, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any provisions of this TERMS AND CONDITIONS are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this TERMS AND CONDITIONS shall otherwise remain in full force and effect. This 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 Us form.

Terms of Service Usage

We offer website design conversion and website development services to our clients.

Nature of Services

P2H™ provides fast, high quality conversion of graphic web design into Hypertext Markup Language (HTML) and its extensions as well as skins, themes and templates for various engines.

Pricing

We offer our conversion and design services at competitively low prices, and provide different conversion and design packages for your convenience. Please view our rates for different packages: web, mobile, email templates, and CMS integration at https://www.psd2html.com/order-now.html.
Inner pages are discounted by 50%. Custom JavaScript and CMS integration cost is determined on a project basis. We also offer monthly deals, discounts and specials on our packages on our blog page at http://blog.psd2html.com/. Please contact us via our contact form or via our toll-free number at 888-724-9414 for requests, which are not covered by our pricing packages.
Additional charges may apply depending on the complexity. We will review your requirements and provide you with our recommendations for the best package to suit your needs. We reserve the right to amend our pricing for any changes or additions to the project subsequent to our commencement of the project. We also provide client discounts for bulk orders. Expedited delivery service adds additional cost to the total price of your project. Implementation to a CMS is scheduled separately from HTML/CSS coding, depending on the functionality required.

Delivery

We will provide you with an approximate delivery time for the completion of the project. Our general markup delivery time is as follows: the first page is up to 8 working hours; each additional page is approximately 3-8 working hours, depending on the complexity of the markup. When posting an order you will see the approximate development time. Please note that an order is considered to be commenced at the time when your project manager gives you the ETA; you can track your order status in the client area of the Site.
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, agreed upon by the parties, and cleared by P2H Inc. Your manager will notify you of the final delivery date after all details have been cleared. We offer delivery adjustments for bulk orders. Our development team is available Monday to Friday 8:00am — 5:00pm GMT / 4:00am — 1:00pm EDT.
The estimated timelines for JavaScript and CMS theme completion are provided after the investigation of the designs and requirements. Please note that delivery time is subject to change depending on the specifications of your order. The expedited delivery option is not available for implementation requests. If your source file is in AI / EPS, inDD, etc. formats, we will need to convert it into PSD and will need to have your confirmation before proceeding with the markup. Please note that this may take additional time for delivery purposes. Please also make sure that all external images and fonts used in your AI / EPS file are included in your project information provided to us. Designs utilizing JPEG, GIF, AI, PNG, PSD (non layered), etc. files generally will also require a longer delivery time.

Content and Terms and Conditions

The Terms and Conditions contain our intellectual property policies, our content policies and general use policies. 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. Please note that P2H Inc. is not responsible for any third party claims of copyright infringement for the materials (such as designs, fonts, stock photography, etc.) used in the design which are provided by the client. Accordingly, you agree to indemnify P2H Inc., its affiliates, subsidiaries and related companies from any claims of copyright or other intellectual property infringement upon providing us with content to convert.

Client Satisfaction and Refund Policy

We offer our clients a 100% satisfaction guarantee. Client satisfaction is our ultimate goal, and we strive for excellence on each and every order. We provide support for markup within fourteen (14) days after the completion of your project, and for implementation within thirty (30) days after completion of your project. A project is considered to be completed after its final delivery. We provide the highest level of client support and build lasting relationships with our clients. We are committed to quality standards and consistently research ways to improve our communication system. We will make every effort to provide you with the project outcome you expect.
We guarantee a refund for the following reasons:
1) the client’s order cannot be completed;
2) the client’s request to cancel the order is received before the order is started;
3) the client is not reasonably and legitimately satisfied with the quality of the code or service and provides an explanation and/or proof of incompatibility;
4) the client is not satisfied with the resulting product upon a review of the theme 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. Refunds are issued within five (5) business days of the request for refund. No refund is issued if the request for the refund was received after theme files are delivered to the client, or after the installation of the product on the client’s server.

Payment

Payments will be charged on a pre-pay basis on the day that the order is created. Refunds are provided under certain circumstances, as set forth in paragraph 6 of this Terms of Service Agreement. By confirming the order, the client agrees to pay us the agreed-upon amount for our services.