Effective Date: 08-31-2010
Welcome to QuickMigrate, LLC (“QuickMigrate,” “we,” “us,” or “our”). By accessing or using our website www.quickmigrate.com (the “Site”) and our services, you agree to comply with and be bound by the following terms and conditions (the “Terms”). Please read these Terms carefully before using our services. If you do not agree with these Terms, please do not use our services.
1. Acceptance of Terms
By accessing our Site and using our services, you affirm that you are at least 18 years old, have the legal capacity to enter into a binding agreement, and have read, understood, and agree to be bound by these Terms.
2. Description of Services
QuickMigrate provides professional website and server migration services, including but not limited to basic website migration, full server migration, CMS-specific migration, e-commerce migration, and custom migration solutions (collectively, the “Services”).
3. Service Availability
We strive to ensure that our Services are available at all times. However, we do not guarantee that the Site or Services will always be available or uninterrupted. We may experience occasional outages, maintenance periods, or technical issues that may prevent access to the Site or Services.
4. User Responsibilities
As a user of our Site and Services, you agree to:
- Provide accurate, current, and complete information when prompted during the registration or quote request process.
- Maintain the security of your account and promptly notify us of any unauthorized use or suspected breach.
- Comply with all applicable laws and regulations while using our Site and Services.
- Refrain from using our Services for any unlawful or prohibited activities, including but not limited to spamming, phishing, or distributing malware.
5. Quotes and Payments
5.1 Requesting a Quote
When you request a quote for our Services, we will provide you with an estimated price based on the information you provide. This quote is non-binding and subject to change based on further analysis or additional requirements.
5.2 Payment Terms
Upon agreement of the final quote, you will be required to make a payment based on the agreed terms. Payments can be made via credit card, PayPal, or other accepted methods as specified on the Site. You agree to pay all charges incurred by you or any users of your account and credit card (or other payment mechanisms) at the prices in effect when such charges are incurred.
5.3 Late Payments
If you fail to make timely payments, we reserve the right to suspend or terminate your access to our Services until full payment is received. Late payments may also incur additional fees or interest as stipulated in the final agreement.
6. Service Delivery and Performance
6.1 Migration Process
We will work with you to ensure that the migration process is handled with care, precision, and minimal disruption to your operations. However, you acknowledge that there may be risks involved in the migration process, including potential data loss or downtime.
6.2 Timelines
While we strive to complete all migrations within the agreed timelines, unforeseen circumstances or technical challenges may cause delays. We will keep you informed of any delays and work diligently to complete the migration as soon as possible.
6.3 Post-Migration Support
After completing the migration, we provide a post-migration support period to address any issues or concerns that may arise. The duration and scope of this support will be outlined in the final agreement.
7. Intellectual Property
7.1 Ownership
All content, trademarks, service marks, and logos on our Site are the intellectual property of QuickMigrate, LLC or its licensors. You agree not to copy, reproduce, distribute, or create derivative works based on the Site or our Services without our express written permission.
7.2 License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our Site and Services for your personal or business purposes. This license does not permit you to resell, sublicense, or otherwise exploit our Services commercially.
8. Confidentiality
We value the confidentiality of your information. Any sensitive data or proprietary information shared with us during the course of providing our Services will be kept confidential and used solely for the purpose of completing the agreed Services. We will not disclose your confidential information to third parties without your consent, except as required by law.
9. Limitation of Liability
9.1 No Warranties
Our Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. We do not warrant that our Services will be error-free, uninterrupted, or free of harmful components.
9.2 Limitation of Liability
To the fullest extent permitted by law, QuickMigrate, LLC, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or related to your use of the Site or Services.
9.3 Maximum Liability
Our total liability to you for any claim arising out of or relating to these Terms or our Services will not exceed the amount paid by you to us during the three (3) months prior to the event giving rise to the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless QuickMigrate, LLC, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your use of the Site or Services, your breach of these Terms, or your violation of any rights of a third party.
11. Termination
11.1 Termination by You
You may terminate your account and these Terms at any time by ceasing all use of our Site and Services and providing written notice to us.
11.2 Termination by Us
We reserve the right to suspend or terminate your access to our Site and Services at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, your breach of these Terms, non-payment of fees, or unlawful conduct.
11.3 Effects of Termination
Upon termination of these Terms, your right to use our Site and Services will immediately cease, and any licenses granted to you will terminate. All provisions of these Terms that by their nature should survive termination will survive, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Governing Law
These Terms and your use of our Site and Services will be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Delaware, USA, and you hereby consent to the personal jurisdiction and venue of such courts.
13. Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Services, the parties agree to first attempt to resolve the matter through good faith negotiations. If the matter cannot be resolved through negotiations, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in Delaware, USA, and the arbitrator’s decision will be final and binding.
14. Changes to Terms
We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting on the Site. We encourage you to review these Terms periodically to stay informed of any changes. Your continued use of the Site and Services after any modifications have been made constitutes your acceptance of the revised Terms.
15. Miscellaneous
15.1 Entire Agreement
These Terms constitute the entire agreement between you and QuickMigrate, LLC regarding your use of our Site and Services and supersede any prior agreements or understandings, whether written or oral.
15.2 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
15.3 Waiver
The failure of QuickMigrate, LLC to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time without notice to you.
16. Contact Information
If you have any questions or concerns about these Terms or our Services, please contact us at:
QuickMigrate, LLC
Email: [email protected]
