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Changes To This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Types of Data Collected
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable
information that can be used to contact or identify you (“Personal Data”).
Personally identifiable information may include, but is not limited to:
1. Email address
2. First name and last name
3. Phone number
4. Address, State, Province, ZIP/Postal code, City
5. Cookies and Usage Data
Usage Data
We may also collect information how the Service is accessed and used (“Usage Data”).
This Usage Data may include information such as your computer’s
Internet Protocol address (e.g. IP address), browser type, browser version,
the pages of our Service that you visit, the time and date of your visit,
the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking Cookies Data
We use cookies and similar tracking technologies to track
the activity on our Service and hold certain information.
Cookies are files with small amount of data which may include
an anonymous unique identifier. Cookies are sent to your browser
from a website and stored on your device. Tracking technologies
also used are beacons, tags, and scripts to collect and track information
and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a
cookie is being sent. However, if you do not accept cookies, you may not
be able to use some portions of our Service.
Examples of Cookies we use:
1. Session Cookies. We use Session Cookies to operate our Service.
2. Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
3. Security Cookies. We use Security Cookies for security purposes.
Use of Data
Ubey uses the collected data for various purposes:
1. To provide and maintain the Service
2. To notify you about changes to our Service
3. To allow you to participate in interactive features of our Service when you choose to do so
4. To provide customer care and support
5. To provide analysis or valuable information so that we can improve the Service
6. To monitor the usage of the Service
7. To detect, prevent and address technical issues
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained
on — computers located outside of your state, province, country or other governmental
jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us,
please note that we transfer the data, including Personal Data, to United States andprocess it there.
Your consent to this Privacy Policy followed by your submission of such information represents
your agreement to that transfer. Ubey will take all steps reasonably necessary to ensure that
your data is treated securely and in accordance with this Privacy Policy and no transfer of your
Personal Data will take place to an organization or a country unless there are adequate controls
in place including the security of your data and other personal information.
Disclosure Of Data
Legal Requirements
Ubey may disclose your Personal Data in the good faith belief that such action is necessary to:
1. To comply with a legal obligation
2. To protect and defend the rights or property of Ubey
3. To prevent or investigate possible wrongdoing in connection with the Service
4. To protect the personal safety of users of the Service or the public
5. To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method
of transmission over the Internet, or method of electronic storage is 100% secure.
While we strive to use commercially acceptable means to protect your Personal Data,
we cannot guarantee its absolute security.
Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
Links To Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on
a third party link, you will be directed to that third party’s site. We strongly advise
you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies
or practices of any third party sites or services.
Children’s Privacy
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the
age of 18. If you are a parent or guardian and you are aware that your Children has
provided us with Personal Data, please contact us. If we become aware that we have
collected Personal Data from children without verification of parental consent, we
take steps to remove that information from our servers.
Children’s Privacy
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the
age of 18. If you are a parent or guardian and you are aware that your Children has
provided us with Personal Data, please contact us. If we become aware that we have
collected Personal Data from children without verification of parental consent, we
take steps to remove that information from our servers.
By using this website, you agree to the following Terms of Use and Privacy Policy. Please read them carefully before using this site.
Please carefully review these Terms of Service (referred to as the "Terms" or "Terms of Service")
that govern the use of the Ubey LLC (herein referred collectively as; "Site" or "Website" or "Platform"
or "ubey" or "Ubey" or "Our" or "Us" or "We" ) located at www.ubey.us, including all related Websites
associated with www.ubey.us, provided by Ubey, its subsidiaries, and affiliates, including Ubey Platform.
The Platform is owned by Ubey LLC. ("Ubey") and its licensors.
BASIC TERMS
this website is owned and operated by the company Ubey LLC.
To access our website, you should be at least thirteen years old.
The use of this website is undertaken at your own risk. We utilize a
reliable platform to host our site and make reasonable efforts to ensure
its maintenance. Nevertheless, we do not provide explicit assurances or warranties
concerning the security or individual usage of the website. The terms and conditions
outlined on this page are subject to change at any time.
INTELLECTUAL PROPERTY
All images, text, designs, computer code, videos, graphics, trademarks, and service marks
are the exclusive property of ubey or the duly attributed party. The use of any of our
intellectual property, either in whole or in part, constitutes a violation of federal law.
Illegally modifying any materials found on this site may lead to prosecution to the fullest
extent permissible, including the pursuit of financial penalties (damages) and/or an injunction
compelling an immediate cessation of the use of our intellectual property. You are allowed to use
our intellectual property with proper and conspicuous credit back to our site, accompanied by links
to the page where the materials, designs, images, text, quote, or post is located when deemed appropriate.
However, claiming any of our intellectual property as your own or as a unique creation, even with attribution, is strictly prohibited.
WARRANTY DISCLAIMER
The website, its content, and any services or products obtained through the website are provided "as is" and "as available,"
without any warranties. To the maximum extent permitted by applicable law, we expressly disclaim all warranties,
whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose,
and non-infringement of rights. We make no representations or warranties regarding the completeness, security, accuracy,
reliability, quality, availability, or functionality of the website, its content, or services obtained through the website.
We do not guarantee that the operation of the website will be uninterrupted or error-free, that defects will be corrected,
or that the website or the server providing its availability are free of viruses or other harmful components. We do not warrant
that they will operate or perform as expected, based on your unique situation or expectations, similar to any other product or
software. Ubey reserves the right, without prior notice, to: (1) modify, suspend, or terminate website operation or access for
any reason; (2) alter the website or any part, including policies or terms; and (3) interrupt website operation for scheduled
or unscheduled maintenance, error correction, or other changes.
DISCLOSURE OF ONLINE COMMUNICATION
You are cautioned that any online communications may not be fully confidential.
In addition, you should be aware that federal postal regulations do not protect electronic mail.
You should be aware that some administrative personnel of Ubey may, in the course of
their regular duties, have access to communications for technical or operational purposes.
Ubey may also disclose any communications to the extent permitted or required by law.
LIMITATION OF DAMAGES
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL UBEY OR THE MEMBER STATIONS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
THAT MAY RESULT FROM THE USE OR INABILITY TO USE UBEY, INCLUDING WITHOUT LIMITATION USE
OF OR RELIANCE ON INFORMATION AVAILABLE ON UBEY, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES,
OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION,
DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
USER CONTENT
We may now or in the future permit users to post, upload, transmit through,
or otherwise make available through our Services (collectively, “submit”) messages,
computer code, data, text, illustrations, files, images, graphics, photos, comments, sounds,
music, videos, information, content, and/or other materials (“User Content”). Subject to the
rights and license you grant herein, you retain all right, title and interest in your User Content.
We do not guarantee any confidentiality with respect to User Content even if it is not published
through our Services. It is solely your responsibility to monitor and protect any intellectual
property rights that you may have in your User Content, and we do not accept any responsibility
for the same.
You shall not submit any User Content protected by copyright, trademark, patent, trade
secret, moral right, or other intellectual property or proprietary right without the
express permission of the owner of the respective right. You are solely liable for any
damage resulting from your failure to obtain such permission or from any other harm resulting
from User Content that you submit.
You represent, warrant, and covenant that you will not submit any User Content that:
1. violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
2. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law;
3. encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
4. is an advertisement for goods or services or a solicitation of funds;
5. includes personally identifiable information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
6. contains a formula, instruction, or advice that could cause harm or injury; or
7. is a chain letter of any kind.
We have the right, but not the obligation, to monitor User Content.
We have the right in our sole discretion and for any reason whatsoever
to edit, refuse to post, remove, or disable access to any User Content.
JURISDICTION
5.1. All disputes arising out of or in connection with these Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, USA, without regard to its conflict of laws provisions.
5.2. Any and all disputes arising out of or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the courts of the State of Texas, USA.
5.3. The parties hereby agree to waive their right to a jury trial in any action arising out of or in connection with these Terms of Service.
CONSENT
By using Our Website, you hereby consent to our Terms of Service and Privacy Policy
FORCE MAJEURE CLAUSE
Ubey LLC shall not be held liable for any delay or failure to perform its
obligations under these Terms of Service due to causes beyond its reasonable control,
including, but not limited to:
Natural Hazard: Natural disasters such as earthquakes, floods, hurricanes, wildfires, lightning strikes, and other events beyond human control.
Acts of War or Terrorism: Declared or undeclared war, terrorism, sabotage, or civil unrest.
Labor Disputes: Strikes, lockouts, or other labor disputes.
Governmental Actions: Government regulations, orders, or laws, including changes in laws or regulations, or embargoes.
Infrastructure Failures: Power outages, internet outages, telecommunications breakdowns, or other infrastructure failures.
Third-Party Service Disruptions: Disruptions of services provided by third-party vendors or subcontractors.
In the event of a Force Majeure event, Ubey shall use reasonable efforts to minimize
the impact on its performance and promptly notify you of such event and
its expected duration. If the Force Majeure event continues for an extended period,
Ubey and you may renegotiate the terms of these Terms of Service or may agree to
mutually terminate these Terms of Service without penalty.
INDEMNIFICATION
You agree to release, indemnify, defend and hold harmless Ubey and Ubey’s officers,
directors, employees, agents, partners, contractors, shareholders, attorneys,
assigns and affiliates from and against any loss, liabilities, damages, costs, or expenses,
including reasonable attorneys’ fees, resulting from any third-party claim, action or demand
arising under or relating to:
(i) this Agreement or the breach of Customer warranties, representations and obligations under this Agreement or any other Ubey’s term, rule, policy or agreement;
(ii) Customer’s failure to perform in accordance with this Agreement;
(iii) Customer’s use of the Services;
(iv) the Website, Content and/or URLs; or
(v) Customer’s violation of any third-party rights.
You agree that this indemnification obligation survives this Agreement’s termination
or expiration. You agree to give prompt, written notice to Ubey upon the receipt of
notice of any claim by a third party against you which might give rise to a claim
against Ubey, stating the nature and basis of such claim and, if ascertainable, the amount thereof.
LIMITATION OF LIABILITY
You acknowledge and agree that Ubey will not be liable under any circumstances
to you or any other party, person or entity for any damages or losses
that may result from the following:
(i) TERMINATION, SUSPENSION, LOSS OR MODIFICATION OF YOUR SERVICE;
(ii) USE OF OR INABILITY TO USE THE SERVICE;
(iii) INTERRUPTION OF BUSINESS;
(iv) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR A SERVICE (INCLUDING, WITHOUT LIMITATION, TO WEBSITES ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME);
(v) ERRORS CREATED AFTER LAUNCH OF A WEBSITE BY THE ACTS OF CUSTOMER OR THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO HOSTING AND SERVER ISSUES, DOMAIN ISSUES AND/OR REGISTRARS);
(vi) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(vii) EVENTS BEYOND UBEY’S AND ITS SUBCONTRACTORS’ CONTROL;
(viii) APPLICATION OF ANY APPLICABLE LAW, REGULATION OR UBEY POLICY (INCLUDING, BUT NOT LIMITED TO, ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION ADOPTED POLICIES);
(ix) DISBURSEMENT OR NON-DISBURSEMENT OF FUNDS BY PAYMENT PROCESSORS;
(x) TRANSACTIONS CONDUCTED ON A USER WEBSITE, INCLUDING FRAUDULENT TRANSACTIONS;
(xi) LOSS INCURRED IN CONNECTION WITH YOUR SERVICES, INCLUDING, BUT NOT LIMITED TO, E-COMMERCE TRANSACTIONS;
(xii) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED UNDER THIS AGREEMENT (This includes loss of data resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by Ubey’s own negligence or your errors or omissions, or due to inadvertent release or disclosure of information sent by service interruptions caused by Ubey’s own negligence or your errors or omissions, or due to inadvertent release or disclosure of information sent by you.);
(xiii) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF ANY ACCOUNT NUMBERS, PASSWORDS OR SECURITY AUTHENTICATION OPTIONS;
(xiv) UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(xv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING YOUR SERVICES;
(xvi) LOSS OR LIABILITY RELATING TO THE DELETION OF OR FAILURE TO STORE E-MAIL MESSAGES;
(xvii) VIOLATION OF ANY THIRD-PARTY RIGHTS, INCLUDING, BUT NOT LIMITED TO, RIGHTS OF PUBLICITY, RIGHTS OF PRIVACY, INTELLECTUAL PROPERTY RIGHTS AND ANY OTHER PROPRIETARY RIGHTS; AND
(xviii) ANY OTHER MATTER RELATING TO YOUR USE OF THE SERVICES. ADDITIONALLY, UBEY WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, GOODWILL, DATA, THE COST OF REPLACEMENT GOODS OR SERVICES, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES), WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, EVEN IF UBEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Refund Policy
We understand that circumstances may arise where a refund is requested. Please review our refund policy below:
Refund Policy Conditions
1. Primary Design Concept Approval:
Refund requests will not be entertained once the primary design concept has been approved.
2. Revision Requests:
Refunds will not be issued if revision requests have been made and addressed.
3. Urgent Design Projects:
Design projects marked as urgent are non-refundable.
4. Non-Company Related Cancellations:
Refunds will not be granted if cancellations are made for reasons unrelated to the company.
5. Client Unresponsiveness:
If a client is unresponsive or out of contact for more than 2 weeks during the project, a refund request may be voided.
6. Policy Violations:
Violation of company policies will nullify any refund requests.
7. Approaching Other Providers:
Refunds will not be issued if the client approaches another company or designer for the same project.
8. Incomplete Creative Brief:
Lack of required information in the creative brief may disqualify a refund request.
9. Complete Design Change Requests:
Demanding a complete design change may void the refund policy..
10. Refund Time Span:
Refund requests must be submitted within the specified time frame. Claims beyond this time span will not be processed.
11. Business Changes:
Refunds will not be applicable if the business is closing, changing its name, or undergoing structural changes.
12. Non-Service Related Reasons:
Refunds will not be granted for reasons such as a "change of mind," "disagreement with a partner," or other non-service-related issues.
13. Service Bundle Refunds:
Refunds for service bundles will only be applicable to the dissatisfactory service, not the entire bundle.
14. Final Files Delivery:
No refund can be claimed once the final files are delivered following your request.
15. Free Items:
Refunds and revisions do not apply to items offered for free.
16. Non-Refundable Services:
Services like Social Media, SEO, Domain Registration, and Web Hosting are not entitled to refunds.
17. Website Approval and Development:
Refunds will not be entertained once the client has approved the website design, and it is sent for development.
18. Third-Party Outsourcing:
Refunds are not applicable to work outsourced by third parties.
How to Claim Your Refund
You can send us an email at ubey.us.digital@gmail.com for a refund request.
Our billing department will respond as soon as we receive your refund request.
The process will be initiated after the required analysis is completed.
Package Service Terms
While our package services come with a fixed price, please note that the final
price may vary depending on several factors. These factors include, but are not limited to,
the number of revisions, the complexity of the task, and additional requests beyond the original scope.
Conditions and Additional Charges
1. Revisions:
Each package includes a specific number of revisions. Additional revisions beyond this
number will incur extra charges. The cost per additional minor revision can range from $150 to $300 per hour,
depending on the complexity of the changes, the number of specialists involved, and the urgency of the request.
2. Complexity of Task:
Tasks that significantly increase in complexity from the original agreement may require additional charges.
These will be discussed and agreed upon before proceeding.
3. Additional Requests:
Any requests for features or services not included in the original package will be billed separately.
Prices will be provided based on the nature of the request.
4. Client Unresponsiveness:
If a client is unresponsive or out of contact for more than 2 weeks during the project, we reserve the right to pause the project.
Resuming the project may incur additional charges.
5. Right to Refuse Service:
We reserve the right to refuse service to any client at any time without providing a reason.
This includes but is not limited to situations where the client makes excessive or unreasonable demands.
6. Urgent Requests:
Design projects marked as urgent will be subject to a 20% surcharge on the total project cost.
Refund Policy
Refunds will not be provided once the primary design concept has been approved.
Refunds will not be issued if revision requests have been made and addressed.
Refund requests must be submitted within the specified time frame. Claims beyond this time span will not be processed.
No refund can be claimed once the final files are delivered following your request.
Services like Social Media, SEO, Domain Registration, and Web Hosting are not entitled to refunds. Full “Refund Policy” Document you can find
here.
Contact Us
If you have any questions regarding our package service terms or need further clarification,
please do not hesitate to contact us at ubey.us.digital@gmail.com. Our team is here to assist you.