Terms of Service

Our terms and conditions for using NEPA Webmart services

Effective Date: November 2024

Last Updated: November 2024

Agreement to Terms

These Terms of Service ("Terms") constitute a legal agreement between you ("User," "Client," or "You") and NEPA Webmart, LLC ("Company," "We," "Us," or "Our"). By accessing and using our website and services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our website or services.

1. Use License

NEPA Webmart grants you a limited, non-exclusive, non-transferable license to access and use our website and services for your personal or business purposes in accordance with these Terms.

Permitted Uses

  • Viewing website content
  • Requesting our services
  • Contacting our team for inquiries
  • Using services for legitimate business purposes

Prohibited Uses

  • Unauthorized copying or reproduction of content
  • Attempting to gain unauthorized access
  • Transmitting viruses or malicious code
  • Interfering with website functionality
  • Using the website for illegal purposes
  • Harassment or abusive behavior
  • Spamming or unsolicited communications

2. Service Descriptions

NEPA Webmart offers web development, web design, e-commerce solutions, digital marketing, maintenance and support, and consulting services. Service descriptions are provided for informational purposes. Actual services will be customized based on client requirements and project scope.

We reserve the right to modify or discontinue services at any time with reasonable notice.

3. Pricing and Payment

Payment Terms

  • Pricing will be quoted based on project scope
  • Payment may be requested upfront or in installments
  • Accepted payment methods include credit cards, wire transfers, and checks
  • All prices are in USD unless otherwise specified

Late Payment

Invoices are due upon receipt unless otherwise agreed. Late payments may incur a 1.5% monthly interest charge or the maximum allowed by law, whichever is less.

Refunds and Cancellations

Refund policies will be specified in individual service agreements. Generally, services that have been completed or partially completed are non-refundable unless a service failure occurs on our part.

4. Intellectual Property Rights

Our Content

All content, designs, code, logos, and materials on our website are the exclusive property of NEPA Webmart or licensed third parties and are protected by copyright and intellectual property laws.

Client Content

You retain ownership of any content you provide to us. You grant us a license to use your content for the purpose of creating and delivering services. You warrant that you have the right to grant us this license.

Work Product

Upon full payment, ownership of custom work created for you (including websites, designs, and code) will transfer to you. However, we retain the right to use general methodologies, techniques, and non-client-specific components in our work with other clients.

5. Disclaimers and Limitations

AS-IS WARRANTY DISCLAIMER:

Our website and services are provided on an "as-is" and "as-available" basis without warranties of any kind, either express or implied. We disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

In no event shall NEPA Webmart be liable for indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunities, arising from your use of our website or services, even if advised of the possibility of such damages.

Maximum Liability

Our total liability to you shall not exceed the amount paid by you for the specific service giving rise to the claim.

6. Indemnification

You agree to indemnify and hold harmless NEPA Webmart, its owners, employees, and agents from any claims, damages, losses, or expenses (including attorney's fees) arising from:

  • Your use of our website or services
  • Your violation of these Terms
  • Your violation of any law or third-party rights
  • Content you provide or upload
  • Your unauthorized use of our services

7. Client Responsibilities

As a client, you are responsible for:

  • Providing accurate and complete project information
  • Supplying necessary materials, content, and resources
  • Reviewing deliverables and providing timely feedback
  • Maintaining website security and updates after delivery
  • Backing up your data and content
  • Obtaining necessary licenses and permissions for content
  • Complying with all applicable laws and regulations

8. Confidentiality

Both parties agree to maintain the confidentiality of sensitive business information shared during the engagement. Confidential information shall not be disclosed to third parties without written consent, except as required by law.

Confidentiality obligations do not apply to information that is publicly available, independently developed, or received from third parties without confidentiality restrictions.

9. Termination

NEPA Webmart reserves the right to terminate your access to our website and services if you:

  • Violate these Terms
  • Engage in illegal activities
  • Fail to pay for services
  • Abuse our services or staff
  • Breach confidentiality agreements

Upon termination, all rights and licenses granted to you will cease immediately.

10. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Pennsylvania, United States, without regard to conflicts of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Pennsylvania.

11. Dispute Resolution

Before pursuing legal action, both parties agree to attempt to resolve disputes through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration or mediation as mutually agreed.

12. Modifications to Terms

NEPA Webmart reserves the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of our website and services constitutes acceptance of updated Terms.

13. Contact Information

For questions about these Terms of Service, please contact us:

NEPA Webmart, LLC

Email: legal@nepawebmart.com

Phone: +1 (570) 591-1032

Address: NEPA Region, Pennsylvania, USA

Severability Clause

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it valid, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms of Service, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and NEPA Webmart regarding the use of our website and services.