Terms of Service
Last Updated: May 19, 2025
1. Introduction
Welcome to Sitemonki. These Terms of Service ("Terms") govern your access to and use of the Sitemonki website, tools, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
2. Definitions
Throughout these Terms, the following definitions apply:
- "Sitemonki," "we," "us," or "our" refers to Sitemonki and its affiliates.
- "You" or "your" refers to the individual or entity accessing or using the Services.
- "Content" refers to any text, graphics, images, music, software, audio, video, information, or other materials that may be viewed on, accessed through, or contributed to the Services.
3. Account Registration
Some of our Services require you to create an account. When you create an account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
4. Services and Billing
4.1 Service Description
Sitemonki provides website and server support services, including but not limited to troubleshooting, maintenance, security, and optimization. The specific services provided will depend on the service plan you select or the individual services you request.
4.2 Fees and Payment
You agree to pay all fees associated with the Services you select. All fees are in USD unless otherwise specified. Payment must be made by the methods specified on our website. You authorize us to charge your selected payment method for all fees incurred.
4.3 Subscription Services
For subscription services, your subscription will automatically renew at the end of each subscription period unless you cancel it before the renewal date. You can cancel your subscription at any time through your account settings or by contacting our support team.
4.4 Refunds
Our refund policy varies depending on the service. For subscription services, we may provide a prorated refund if you cancel within a specified period. For one-time services, refunds may be available if we are unable to provide the service as described. Please refer to the specific service terms or contact our support team for details.
5. User Responsibilities
5.1 Compliance with Laws
You agree to use our Services in compliance with all applicable laws, regulations, and these Terms. You are responsible for ensuring that your use of the Services does not violate any third-party rights or applicable laws.
5.2 Content Restrictions
You may not use our Services to store, transmit, or display content that:
- Violates any applicable law or regulation
- Infringes on the intellectual property rights of others
- Contains malicious code, viruses, or other harmful components
- Is defamatory, obscene, or otherwise objectionable
- Interferes with or disrupts the integrity or performance of the Services
5.3 Access to Your Systems
To provide our Services, we may need access to your websites, servers, or other systems. You agree to provide us with the necessary access credentials and permissions. You are responsible for ensuring that providing such access does not violate any agreements you have with third parties.
6. Intellectual Property
6.1 Our Intellectual Property
The Services and all content and materials available through the Services, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are the property of Sitemonki or our licensors and are protected by copyright, trademark, and other intellectual property laws.
6.2 License to Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.
6.3 Feedback
If you provide us with any feedback, suggestions, or ideas regarding the Services, you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such feedback in any way.
7. Limitation of Liability
To the maximum extent permitted by law, in no event shall Sitemonki, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Services
- Any conduct or content of any third party on the Services
- Any content obtained from the Services
- Unauthorized access, use, or alteration of your transmissions or content
Our total liability to you for all claims arising from or related to the Services shall not exceed the amount paid by you to Sitemonki for the Services during the twelve (12) months preceding the event giving rise to the liability.
8. Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free.
9. Indemnification
You agree to indemnify, defend, and hold harmless Sitemonki, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
10. Termination
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
11. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.
13. Dispute Resolution
Any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of [Arbitration Association] in [Your Jurisdiction]. The arbitration shall be conducted in English, and the arbitral award shall be final and binding on both parties.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
15. Entire Agreement
These Terms constitute the entire agreement between you and Sitemonki regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.
16. Contact Information
If you have any questions about these Terms, please contact us at:
Email: legal@sitemonki.com
Address: [Your Company Address]
Phone: +256787624334