D&A Cleaning and Painting Services

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Terms of Service

DA Cleaning and Painting Terms and Conditions

 

  1. INTRODUCTION

Welcome to DA Cleaning and Painting website – www.dacleanandpaint.com.  These terms and conditions (“Terms and Conditions”) apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites, which reference these Terms and Conditions. This website is owned and operated by DA Cleaning and Painting. Throughout the site, the terms (“DA Cleaning and Painting”, “us”, “we”, or “our”) offers Business Marketing for Residential and Commercial Painting and Cleaning marketplace through this website www.dacleanandpaintint.com (the “Service”.)

1.2 These Terms of Service (“Terms”) are provided to guide your use of and relationship with our Site, web pages, platforms, applications, products and services. In these Terms, you may be addressed as “you”, “your” or “User”.  The rules that follow are really important and form part of the Terms and Conditions of Service (“Terms”). If you don’t agree with these rules or any other portion of the Terms, please don’t use the Service.   DA Cleaning and Painting a company registered in United States and operating within the ambit of the laws of the United States and European Union (EU),

1.3 We may amend these Terms at any time by posting revised Terms on the Site and/or sending you Notice of the same to the email address associated with your Account, as defined herein. Each revised version will state its effective date, which will be on or after the date in which it is posted or sent. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms.

You understand that by using Services, you are agreeing to be bound by these Terms, including any and all of your warranties and representations contained herein. If you do not accept these Terms in their entirety, you may not access or use the Services. If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that event, “you” and “your” will refer and apply to that entity.

 

  1. Accessing our Site

2.1 We cannot guarantee that our Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of our Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt our Site or any computer system, server, router or any other internet-connected device.

2.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Site and is compatible with our Site. You also understand that we cannot and do not guarantee or warrant that any content on our Site will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.

2.3 From time to time, we may restrict access to certain features or parts of our Site, or our entire Site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

2.4 We reserve the right, in our discretion, to withdraw, suspend or modify our Site or certain features or parts of our Site with or without notice to you, where we have reason to do so. There may also be times when our Site or certain features or parts of our Site become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of our Site or any service available on or through our Site.

  1. Using our Site

3.1 You must use our Site and the information available from our Site responsibly. No such information may be used for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.

3.2 You cannot use our Site:

  1. for any unlawful purpose;
  2. to send spam;
  3. to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;
  4. to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
  5. to tamper with, update or change any part of our Site;
  6. in a way that affects how it is run;
  7. in a way that imposes an unreasonable or disproportionably large burden on us or our suppliers’ communications and technical systems as determined by us; or
  8. using any automated means to monitor or copy our Site or its content, or to interfere with or attempt to interfere with how our Site works.
  1. Intellectual property rights

4.1 All content on our Site including but not limited to text, software, photographs and graphics is protected by copyright. We, or our licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the original content. Except as expressly set out in these Terms of Use, nothing in these Terms of Use shall give you any rights in respect of any intellectual property owned by us or our licensors. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, our name, trade marks, logos or other proprietary marks, or any of the content of our Site, in whole or in part, except as provided in these Terms of Use.

4.2 Payment Process

Payment for all products purchased through our Site must be by credit, debit card or PayPal Amex, Discovery. In the event we suspend or terminate your account because of a breach of these Terms, you agree you will not receive a refund or exchange for any unused subscription time, any license or subscription fees for any portion of a Service, any content or data associated with your account, or anything else. We reserve the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms, or amounts due because of your breach of these Terms. 

4.3 Payment Dispute: All information you provide in connection with a purchase or transaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card or debit card, used in connection with a purchase or transaction with a Service at the prices in effect when such charges are incurred. If you dispute any payment, you must notify us in writing within thirty (30) days of making the payment. Failure to so notify within this time period, or in writing, will result in your waiver of any claim relating to the disputed payment.

 

  1. If you provide content for our Site

5.1 If you provide any material to our Site (for example, by providing ratings and reviews, comments, articles or uploading any other content in any format (including video) (each “User Content”) you agree to grant us permission, irrevocably and free of charge, to use the User Content (including adapting it for operational or editorial reasons) in any media worldwide, for our own marketing, research and promotional activities and our internal business purposes which may include providing the User Content to selected third party partners, service providers, social media and networking sites.

5.2       You own your User Content at all times, and you continue to have the right to use it in any way you choose.

5.3       By providing any User Content to our Site you confirm that such User Content:

  1. is your own original work or you are authorised to provide it to our Site and that you have the right to give us permission to use it for the purposes set out in these Terms of Use;
  2. will not contain or promote anything illegal, harmful, misleading, abusive, defamatory (that is, it does not damage someone’s good reputation) or anything else that might cause widespread offence or bring us or our business partners into disrepute;
  3. does not take away or affect any other person’s privacy rights, contract rights or any other rights;
  4. does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of our Site;
  5. will, if used to promote your own business or services, clearly and openly state your association with the particular business expressly; and
  6. will not contain any form of mass-mailing or spam. I’ll

5.4 If you do not want to grant us the permissions set out above, please do not provide any material to our Site.

5.5 We have no obligation to publish your User Content on our Site and we retain the right to remove any User Content at any time and for any reason.

5.6 We do not edit, pre-vet or review any User Content displayed on our Site. If you believe that any User Content does not comply with the requirements set out in this paragraph, please notify us immediately. We will then review the User Content and, where we deem it appropriate, remove it within a reasonable time.

  1. Our liability

6.1 Although we hope our Site will be of interest to users, we accept no liability and offer no warranties or conditions in relation to our Site or its content, to the fullest extent such liability can be excluded by law.

6.2 There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured because of our negligence or because we have committed fraud.

6.3 Under no circumstances will we, the owner or operator of our Site, or any other organisation involved in creating, producing, maintaining or distributing our Site be liable, whether in contract, tort (including negligence), breach of a statutory duty, even if foreseeable, for any loss of:

  1. profits, sales, business, or revenue;
  2. business interruption;
  3. anticipated savings;
  4. business opportunity, goodwill or reputation;
  5. use of, or corruption to information; or
  6. information.

6.4 If we do not keep to these conditions, then we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:

  1. use of, or inability to use, our Site;
  2. use of or reliance on any content displayed on our Site; any mistake, fault, failure to do something, missing information, or virus on our Site or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
  3. theft, destruction of information or someone getting access to our records, programs or services without our permission; or
  4. goods, products, services or information received through or advertised on any website which we link to from our Site.

 

6.5 Warranty Disclaimer
YOU AGREE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DA CLEANING AND PAINTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THE SERVICES. DA Cleaning and Painting GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THEM, (IV) ANY INTERRUPTION OF OUR SERVICES, OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY.

 

6.6. Limitation of Liability
IN NO EVENT WILL DA Cleaning and Painting BE LIABLE TO YOU FOR DAMAGES (THIS INCLUDES DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF SERVICES, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OF OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY,

 

6.7.Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless DA Cleaning and Painting its owners, operators, affiliates, and each of its or their directors, employees, licensors, licensees, service providers, successors, permitted assignees and agents (individually and collectively “DA Cleaning and Painting”)  from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising or resulting from: (i) your use of and access to a Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right or privacy right; or (iv) any claim that your Content caused damage to a third party. To be clear, this obligation to indemnify, defend and hold us harmless will survive these Terms and your use of the applicable Service(s). 

 

 

  1. General

7.1 Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.

7.2 Any formal legal notices should be sent to us using the details set out on our Site.

7.3 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Use.

7.4 If any part of these Terms of Use is found to be unenforceable as a matter of law, all other parts of these Terms of Use shall be unaffected3. and shall remain in force.

  1. Governing Law and Jurisdiction

8.1 These conditions make up the whole agreement between you and us in how you use our Site. If a court decides that a condition is not valid, the rest of the conditions will still apply.

8.2 Governing Law and Jurisdiction


The Site shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of United States applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using the Site, you consent to the jurisdiction of the courts presiding in the United States and you agree to accept service of process by mail.  Any action based on a breach of any provision of these Terms & Conditions shall be brought exclusively in the federal or local courts presiding in United States. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Territory and the parties agree to submit to the exclusive jurisdiction of the courts of the Territory.

 

  1. How to contact us

9.1 If you experience problems with our Site or would like to comment on it, please feel free to contact us by using the details set out on our Site.

 

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