• Terms and Conditions

Terms and Conditions

IN USING THIS WEBSITE, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, “Powervisibility” “Powervisibility LLC”, “Company” refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

PRIVACY STATEMENT

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Powervisibility has created specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

CONFIDENTIALITY

Client records are regarded as confidential. Clients do not have the right to request sight of, and copies of any and all Client Records we keep, on the provision that we are given reasonable notice of such a request, company has the right to turn down requests at their discretion. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

By doing business with Powervisibility you give us permission to, share, sell, or rent your personal information to any third party or use your e-mail address for unsolicited mail. 

DISCLAIMER

Disputes, Liability and Indemnity

In an event of a dispute, Powervisibility reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, Powervisibility reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will Powervisibility be liable for any damages arising from misrepresentation or misinformation.

Powervisibility reserves the right to refuse service to any client, if they are not aligned with our business operating principles and policies.

Powervisibility provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

Relationship of Powervisibility with its suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.

Client will indemnify and hold Powervisibility , its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from Powervisibility .

Powervisibility will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees and or contractors), extremely severe weather, or acts of local or central government or other competent authorities.

 

EXCLUSIONS AND LIMITATIONS

The information on Powervisibility’s web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
  • excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Powervisibility does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

AVAILABILITY

All advertising is intended solely for the online market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service, you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

LOG FILES

We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

COOKIES

Like most interactive web sites, this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

LINKS TO THIS WEBSITE

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Additional Expenses 

client agrees to reimburse Powervisibility for all additional expenses necessary in relation to work done on there project, example would special fonts, stock photography. etc.

 

Payment Obligations, Renewals, and cancellations

Website Development Payment Obligations: A down payment is required in order to begin development of your website. This is usually 100% of the upfront design fee, unless an alternative contract or proposal specifies a different amount. The outstanding balance on your website is due after the design, navigation and pages have been approved and built. Final payment is due regardless of whether all content for the pages has been sent by the client. This provision is in place to encourage the client to get content submitted promptly so that their site can go live. It also ensures that Powervisibility gets paid for performing their duty under the proposal, despite tardy content from the client. After payment, Powervisibility will still post outstanding content AT NO CHARGE for 3 months. In the event an “under construction” page is posted due to missing content, Powervisibility will post ONE copy of any text/pictures on existing pages only, for up to 3 months after publish date. After the three months have expired, content posted to site will be billable at our current regular hourly rate. In the event that design and navigation changes are requested after they have been specifically approved by the client, these changes will be billable at our current regular hourly rate.

  1. Website Development Cancellation: If site design and development work has already begun (such as creating a design concept), then the down payment is non-refundable. Powervisibility my elect at its sole discretion to offer a partial refund depending upon the circumstances.
  2. Description of Ongoing Costs: There are 2 types of ongoing costs: domain registration and hosting.
    1. Domain name registration: This cost recurs annually. Domain name registration gives you exclusive rights to a certain name, such as www.mygroup.org, so that you can use it for your web-based purposes. You are NOT required to register a domain through us, but we strongly PREFER that you do. Many services are not honest in the way they sell names and we spend a lot of time helping people re-secure rights to the name they thought they had already purchased. If you have registered your own name, make sure you have yourself as the Registrant and Administrative Contact with a current, easily accessible email address. This will help to ensure that your domain can be renewed or transferred should the need arise. Domain name registration fees are not refundable.
    2. Hosting: This cost recurs annually. Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. You are NOT required to host through us, but we strongly PREFER that you do. Hosting comes with domain-based emails, bandwidth, storage space, database and security tools, and other features. Projects that involve custom programming must be hosted with Powervisibility to ensure the programs that we write will work. If you want to host your site on another server this must be disclosed before we begin programming.
    3. Hosting Renewal Payment Obligations: Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to Powervisibility fifteen (15) days before the renewal date that you do not wish to renew the account.
    4. Hosting Cancellation Payment Obligations: You may cancel at anytime. If you cancel before the first 30 days from the opening of your account, please refer to the details under “Limited 7-day Money Back Guarantee.” If you cancel after the first 7 days, you will be obligated to pay all fees and charges accrued prior to the effective date of the cancellation. Powervisibility will refund the prepaid fees for basic hosting for the full months remaining after effective date of the cancellation, less any prior fees and charges, and an early cancellation fee of $25. Accounts that are terminated by Powervisibility for abuse or violations of internet standards or these terms and conditions will not receive any refund. All cancellations must be received in writing according to the deadlines indicated: regular mail and e-mail are acceptable. Phone requests will not constitute acceptance of any cancellation. Refunds will be issued back to you within 10 business days from your cancellation date.
    5. Hosting Transfer Payment Obligations: If you wish to transfer your hosting to another provider Powervisibility can, upon request, download your site onto a CD and mail it to you. The cost for this service $50 per copy. FTP access to your site is not available for transfer purposes.
    6. Limited 7-day Money Back Guarantee on Hosting: If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a refund on your hosting fee excluding setup fees and time accrued from setup date. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable.
    7. Sites NOT Hosted by Powervisibility: Should client decide to host their site on another server, Powervisibility cannot guarantee the all elements of the site will work. Powervisibility will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If Powervisibility believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In most cases, fixing problems on a foreign hosting server is billable.

POWERVISIBILITY  SEO SERVICES 

Company can’t advise on, enforce, or guarantee any compliance. It is up to Customer to ensure compliance, which may include but is not limited to governmental, commercial, private, industry-specific compliance, etc. Customer authorizes Company to register, create, publish, submit, and distribute various assets online. This may include, but is not limited to content, press releases, backlinks, videos, infographics, etc. Customer is responsible for reviewing relevancy and uniqueness of these assets. Assets are “use it or lose it” and may be created in bulk and pre- or post-dated.

Company is not responsible for the quality, functionality, or compatibility of third party tools, software, scripts, assets, videos, content, media, etc. or how those assets may affect Customer’s website or other online profiles/entities.Company does not warranty or guarantee any functionality or compatibility of any plugins or third party code or integrations. Future versions of third party items are unavoidable. Company may use subcontracting to better expedite aspects of fulfillment. Maintenance updates are not included unless purchased separately. Company does not keep backups, unless purchased separately.

– It is up to Customer to secure/maintain proper hosting and domain registration.

– Assets may be created by Company in bulk and pre- or post-dated.

Customer understands that all services are “use it or lose it.” Paid services that go unused are not credited or refunded.

– It is Customer’s responsibility to provide prompt payments, deposit, recurring, or other frequency. Company has no obligation to begin work until a deposit is made. Customer has the responsibility to pay any balance(s) due prior to Company submitting/finalizing any work.

– Authors of third party plugins, code, addons, features, etc. (“assets”) include limited updates/upgrades of their items. Perpetual renewals of third party plugins are not included on any services. Unless a maintenance package is purchased by Customer, Company does not provide any follow up or ongoing renewals of third party assets.

Customer acknowledges that Company has no control over search engine policies, algorithms or changes to search engine policies or algorithms. Company’s fulfillment is not guaranteed to be in accordance with any search engine policies now or at any other time. At any time Customer’s website may lose rankings or be excluded from any search engine.

 

NOTIFICATION OF CHANGES

The Company reserves the right to change these conditions from time to time as it deems fit and your continued use of the site will signify your acceptance of any adjustment to these terms.

 

Powervisibility LLC starts working on a project upon receipt of a down payment. Unless otherwise specified in writing, the client is charged the remaining balance upon completion of the project. Websites are made live upon completion of the project, when all payments are cleared. If applicable, hosting and domain name registration fees must be paid every month.

2. Additional services come at additional fees, on a fee for service basis or on an hourly rate. If clients require additional services, the correspondent fee is added to their invoice and they are charged accordingly.

3. Delays in project completion may occur when:

  • There is a delay in any payments
  • The client requests further changes in the design, structure, or content of the project
  • The client purchases an additional service related to the project
  • There is a delay in the receipt of any materials form the client
  • Time frame estimates are approximate only and are subject to change at any time at Powervisibility LLC’s discretion. At any time, and at its whole discretion, Powervisibility LLC’s may decide to put a project on hold.

4. Powervisibility LLC will under no circumstances be held responsible to satisfy unreasonable expectations or request Powervisibility ‘s discretion to decide whether or not a request or an expectation is reasonable or lies within the scope of offer of services to its client. As an example, if the client purchases a certain service, but in order to be fully satisfied, Powervisibility LLC judges that an additional service is necessary, then it is no longer Powervisibility LLC’s responsibility or commitment to satisfy the client. In other words, Powervisibility LLC guarantees 100% satisfaction within the framework of its original agreement with the client, according to Powervisibility LLC’s understanding.

5. Services or part of services (i.e. elements of a project) that have been approved by the client are considered as services with which the client is 100% satisfied. Any further work on these services (elements of the project) will be invoiced accordingly.

6. Unless clearly specified otherwise, all project statuses are set as “completed” after a 3 month period has passed (calculated from the first payment date).This means no more work will be done on that project and no service will be provided. This doesn’t apply to hosting and domain name registration services, which are provided independently of the project status, and only according to the client’s payments.

7. If client is not satisfied with Powervisibility LLC’s Services, client can ask for a refund on any unused monies. Powervisibility LLC will be happy to exercise a refund, after doing it on review.

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,

About credit cards data processing

Please keep in mind that for security reasons, Powervisibility LLC always:

  • Prevents unauthorized access on its servers, maintains data accuracy, and ensures the correct use of information, through appropriate physical, electronic, and managerial procedures to safeguard and secure the information it collects online and offline.
  • Hires the services of reliable third party companies to manage credit card information and payment gateway secured encryptions for the websites of its clients. Such companies charge fees per transaction and/or fees per month for which the client is responsible. Most such companies offer various fee plans to best suit the needs of the client’s business depending on the volume of the client’s online transactions.

About this site

  • All prices appearing on this site are subject to change without notice. These prices are solely informative and Powervisibility LLC is not necessarily committed to them for your project. To receive a free quote for your project, please call us at 1-888-395-0183 or request a quote on our website .
  • Promotional offers are not cumulative.
  • All the pictures shown in this web site are solely representative.

About Powervisibility

  • Powervisibility LLC doesn’t assume any responsibility or liability for the content of the websites it designs and/or hosts. Powervisibility LLC has no control over any information, materials, or products found thereon.
  • Powervisiblity LLC doesn’t serve as consultant for its clients, and they are entirely responsible for all that is found in their websites.
  • Because of the nature of web design and programming work, websites always appear differently on different computers. Screen resolution, operating system, and browsing software are just a few examples of variables that may affect the way a website looks. The client must be aware of these possible variations and Powervisiblity LLC will not be held responsible for them.