Ahumka Digital Terms of Service

Last updated - Jan 2023

Tl;dr

We want to build you a great website and maintain it so that you have an awesome brand. We also want to provide you with awesome digital products and services that will help you to grow your business. After all, your profit is our business! In return, you agree to pay us on time, and supply us with all the legitimate material and answers we need to do so. You’ll also not use your website or any of the products and services we provide for anything heinous or illegal. That’s pretty much it. If you want more detail, read the comprehensive terms of our agreement below.

Please read these terms carefully. They constitute Your agreement with Ahumka Digital.

These Terms of Service acknowledge an Agreement (“Agreement”) is being made between Our Customer (that’s “You” or “Your”) and Ahumka Digital (that’s “We” or “Us'' or “Our”) You and Us may also be referred to as “Party” or together as the “Parties”. User is any person or entity authorised by You to use Our Services. Users may include You, Your employees, consultants, contractors, Your Customers and their employees and agents.

The Agreement is effective and commences on the date You click the acceptance on Your order.

YOU ARE ENTERING INTO THIS AGREEMENT ON YOUR OWN BEHALF OR ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY. IF THE LATTER, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE ALL REFERENCES TO “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF AT ANY TIME YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND YOU MAY NOT USE OUR SERVICES.

1. Accessing Our Services
Usage of Our Services, does not give You permission to access these Services for purposes of benchmarking their availability, performance or functionality against similar providers or for any other competitive purposes.
2. Your use of Our Services and Platform
1. 2.1. Acceptable Use: You will, and will ensure that Your Users comply with these Terms, which set out the terms and conditions of Your access to and use of Our Services and Platform. Speaking of terms, We use the Duda platform to develop websites for you, and as such are also subject to their terms. You can view them by clicking HERE .
2. 2.2. Usage Restrictions: You will comply with all applicable laws, rules, regulations, and ordinances with respect to the performance of any of the obligations under the Agreement. In addition:
  1. 2.2.1. You will not, and You will ensure that no User shall (a) modify, copy or create derivative works based on Our Services or any part of them; (b) reverse engineer, disassemble, or decompile any of Our Services, or any part of them to try to determine the source code; (c) use or launch any automated system, including but not limited to,“robots”, “crawlers”, “spiders”, or “offline readers”; (d) use the Services in any manner that damages, disables, overburdens, or impairs Our Platform or interferes with any other party's access and/or use of Our services; (e)attempt to gain unauthorised access to underlying systems supporting Our Services; (f) access the Services in a manner other than agreed in this Agreement.
  2. 2.2.2. You are specifically restricted from, and responsible to ensure that Users do not engage in (a) accessing and/or using any of Our Services or Platform in a way that is or may be damaging to or adversely affect Our ability to provide Our Services; (b) using Our Website in any way that impacts User access to Our Website or Services; (c)using Our Website or Services contrary to the Agreement or any applicable laws and regulations, or in any way which may cause harm to Our Website, or to any person or business entity; (d) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Services.
3. 2.3. Your Responsibilities: You will be responsible for ensuring (a) User’s compliance with the Agreement, including all applicable third party end user agreements; (b) the accuracy, quality and legality of User Data, and Your use of User Data with Our Services; (c) using commercially reasonable efforts to prevent unauthorised access to and use of Our Services. You agree to notify Us promptly in writing of any unauthorised access. Any user ID and password You may have for Our Services are confidential and You must maintain this confidentiality as Well in accordance with Our Confidentiality clause in Section 8 of these terms.
4. 2.4. Use Of User Data: You shall be responsible for securing the following:
  1. 2.4.1. A worldwide, royalty-free and sub-licensable license (“User Data License”) to use in connection with producing and delivering the Services, User Data and any images or recordings of User facilities, properties or products or its employees, agents or clients that You provide to Us In the course of creating or delivering the Services and to list, represent, register or establish accounts or keywords on Users behalf with third party media or other parties or services.
  2. 2.4.2. Consent(“User Consent”) to use their Data to the extent required for contact via telephone, email or SMS in relation to delivery of Our Services. If the User Data contains any information or personal data belonging to any third party, You warrant and represent that You have obtained all the required consent to provide Us with this information.
  3. 2.4.3. You represent and warrant that (i) The User has full rights to use, broadcast and distribute User Data; (ii) User Data is truthful and not misrepresentative or misleading and does not plagiarise, libel, defame or harm any third party; (iii) Users’ use of Our Services will not impinge on the rights of privacy of any third party or otherwise infringe on or violate the rights or property interests of any third party; (iv) User will not use the Services except as permitted by these Terms.
  4. 2.4.4. Indemnification: You agree to indemnify and hold Us, Our affiliates and respective officers, agents, partners, directors, shareholders, suppliers and employees harmless from and against any loss, damages, liabilities, claims, demands, suits, expenses, including reasonable attorneys' fees, which any such party may incur arising out of or relating to: (i) Your failure to obtain the User Data License, User Consent, and Representation and Warranty; (ii) use of User Data or any modification, display and use by You or User of a Service; (iii) claims that Users products or services are defective, injurious or harmful, or violate the rights of any third parties; (iv) claims predicated on a breach by You or Users of the terms and conditions of Your license to use Our Services or Platform including any third party services.
5. 2.5. ADA / WCAG STANDARDS INDEMNITY: As part of our website build for You, We will perform an ADA compliance check. However, You agree to indemnify and hold Us harmless from any loss, expense, and damages arising from any ADA Compliance violations or meeting any of the WCAG (Web Content Accessibility Guidelines) standards. You understand:
  1. 2.5.1. We make no warranties expressed or implied that your website would comply with the ADA or meet WCAG standards.
  2. 2.5.2. We are not a law firm and can’t advise a client on how various ADA regulations might apply to them or how to best comply.
  3. 2.5.3. The development standards (WCAG) are vague, and in some cases, aspirational. The development standards (WCAG) are not law, and compliance depends on client choices about content, design, functionality, and maintenance.
  4. 2.5.4. We will only be responsible for integrating a third-party accessibility app/widget from Our digital store solutions, should You choose to purchase one. You are solely responsible for making decisions about how and what is needed to comply, and maintaining compliance.
  5. 2.5.5. We make no warranties that any deliverables or third party applications/software/apps/add-ons/widgets provided comply with any or all applicable laws.
  6. 2.5.6. We will not be held responsible for any claims resulting from client-provided specifications.
6. 2.6. Third Party Sites and/or Products: We or third parties may make available to You certain products and services as part of Our Services. We may make available information about You and Your use of the Services to these third-party providers in order to provide You with an enhanced user experience and/or any other customisation of the Services requested by You. These Third party products and services included as part of Services are not under Our control. We do not endorse, warrant, or guarantee the continued availability of any third-party products or services. You agree and accept, and will ensure that Users accept, any end user agreement required for the acquisition of third-party products or services, and any exchange of data by You or Users with these third parties is solely between You and the applicable third party as governed by any applicable third party end user agreement.
3. Services
You want a Website, and We can’t wait to build it for You. We will provide You with any additional services (“Services”) You selected for Your plan in a timely and professional manner.
1. 3.1. We will also take all reasonable measures to ensure that Your site is running 7 days a Week except for:
  1. 3.1.1. Scheduled or emergency maintenance;
  2. 3.1.2. Force majeure events, including an act of God, act of government, flood, fire, earthquake, war, terrorism, service provider failure, or denial of service attacks
  3. 3.1.3. Your acts or omissions.
2. 3.2. Support Plans: Unless otherwise stated in the product description, Our unlimited plans are subject to fair use guidelines. What this means in practice is that We will provide you with guaranteed support for your first Ten(10) requests, and support for further requests on a best efforts basis as long as it does not impact our other customers. If you choose to modify your site yourself, and things go wrong, please note that although we will do our best, we cannot guarantee to be able to fix the changes you have made, especially if you have made extensive changes to the underlying code. Our website support plans do not include support for services that are sold separately in our digital store
3. 3.3. We may occasionally modify aspects of Our Services to improve Your user experience. We will notify You if We make any material changes to Our Services. If You decide the Services You chose aren’t exactly what You are looking for, don’t worry because We can change the scope of the Services for You at any time. To update the scope of the Services, all You have to do is change the plan You have signed up for and We will change the service type and pricing accordingly. Speaking of pricing...
4. Pricing & Payment
They say nothing good in life is free, and Our Services are no exception.
1. 4.1. Currency: The products and services We provide to You are priced in U.S. Dollars. This means that if you are paying in a different currency you may sometimes pay more or less depending on the prevailing rate of exchange with your financial institution. If We need to process a refund to You for any reason, You will accept the refund in U.S. Dollars, based on the rate of exchange that we have established at that time.
2. 4.2. Invoices and payments: All amounts invoiced are due and payable immediately, unless otherwise specified by Us. You are responsible for providing complete and accurate billing and contact information to Us and for notifying Us of any changes to such information. You agree to pay all fees electronically unless otherwise agreed with Us. If You are making payments via credit card, You authorise Us to use a third party to process payments, and consent to the disclosure of Your payment information to such third party
3. 4.3. Payment Dispute: You will notify Us immediately if there is any issue with Your invoice. We will not suspend the Services while You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute
4. 4.4. Taxes: Our fees do not include taxes, which means You are responsible for paying all taxes, levies or similar governmental assessments for example, sales, value-added or withholding taxes, associated with the Services or products You buy from us. If required, We will charge You these amounts as applicable and You will pay that amount
5. 4.5. Website build one time payment plan: If you are using our one time payment website build plan, then Your payment is due on or before the date indicated on the invoice
  Should You decide not to host Your website with Us, We will download the relevant files to enable You to host Your site on an alternative platform. To use this service, You will need to purchase our website export service. In such instances We will no longer be responsible for hosting or maintaining Your site. While We can export the files, You acknowledge and accept that We provide no guarantee that Your site will look the same on another provider's platform or that the files will work.
6. 4.6. Website build monthly subscription plan: Subscription payments are payable from the date of submission of the order form and will remain fixed for twelve (12) months. We reserve the right to deactivate the Website if prompt payment for Our services is not received. The subscription fee is non-cancellable and non-refundable during the term of the Subscription Period. This plan is only available with a Twelve month subscription
  If You decide to terminate the monthly build plan after any part of your site has been published, You will become immediately liable to pay Us in full for the outstanding amounts in Your plan.
7. 4.7. We reserve the right to deactivate Your Website if prompt payment for Our Services is not received. This includes any payments for 3rd party services We have integrated on Your behalf. We also reserve the right not to supply the files for completed sites if full payment is not received. Unless otherwise specified, interest on past due balances is 24% per annum or 2% per month. Refunds will only be processed at Our discretion.
8. 4.8. Annual Plans - Annual plans for Our services are payable from the date of the invoice. Our annual plans give You a discount on monthly options. Should You decide to cancel any of Our annual plans, You will not be entitled to a refund.
9. 4.9. Pricing changes - From time to time there may be a need for Us to increase the price of Our products and services. In those circumstances, wherever possible we will keep the pricing the same for those customers that have a current active product or service. However, to maintain the viability of Our business there may be a need to increase prices even for customers with active products on their next renewal.
5. Timeline
We know You are excited to receive Your final product, and We don’t want to leave You waiting. We will roll up Our sleeves and get to work on submission of the order form, and continue until the satisfactory completion of the Services. This means that We won’t throw in the towel until the Website We develop for You is performing exactly as agreed to.
1. 5.1. We always aim to complete Websites as soon as possible, but definitely in no more than 3 months. Our schedule is approximately one completed Web page per Week or less after We receive any requested information from You.
2. 5.2. In order for Us to meet this schedule, or to complete Your Website even faster, You must deliver all requested necessary content, resources, and feedback by the timeline We specify. This timeline is generally two (2) working days from Our request. If You are unable to do so, all deadlines and milestones (except payment milestones) may be adjusted accordingly.
3. 5.3. If You don’t meet timeline/milestone or content obligations for a period of 7 days or more, We may have to reallocate Our resources, and work on the project will be delayed or may cease. Any adjustments to project deadlines or milestones caused by these delays do not affect payment milestones. All payment will be required at the time(s) described in section 4 above.
4. 5.4. If Your inactive or unresponsive time exceeds a period of 30 days, this constitutes abandonment of the project. In such a case, You will be considered to have cancelled the project, subject to the consequences outlined in section 11 Termination section. We can choose to cease further work on the project. In such a case, You will be granted no right or license to the work and We are absolved of any obligation to resume the project. We will archive the project at our discretion should you wish to continue with the project at a later date we reserve the right to charge a USD$500 archive fee.
5. 5.5. We want to keep You informed of the progress We are making on Your Website. Once We have started work on Your site, We will provide You with a preview link to show You how things are going. Through this link You will be able to provide Us with real-time feedback and comments. This should make the development process faster.
6. 5.6. Once a page or section has been published, this will be considered part of a live site. Further changes to the published page or section will then fall under the terms of the support package You have purchased.
7. 5.7. We use templates to help Us to deliver Your website quickly and efficiently. You will be asked to select a template You think best represents Your brand identity. You will be allowed a maximum of three (3) template changes before your site goes live. Once your site goes live, you will be allowed a maximum of one (1) template change per quarter on our premium support plan.
6. Copyright Notice
A Copyright notice that states “©[Your company name]” will be displayed on the bottom of each page of Your Website unless you notify us otherwise.
7. Intellectual Property
You will own the masterpiece, also known as the Website, that We design for You and any visuals that We provide with it. If You decide not to take up one of Our support plans, You can have your site exported by buying the Website Export product. We will turn over Our work product, including any necessary files, and You will be responsible for their safekeeping. We are not required to keep copies. You guarantee that You have the legal right to all elements of text, photographs, and anything else that You provide to Us, and that You will not hold Us responsible for any third-party claims.
We will own any copyrightable work, ideas, inventions, products, or other information that We create in connection with the Services We are providing. We guarantee that We have the legal right to all elements related to the Services We are providing and will not hold You responsible for any third-party claims.
We reserve the right to photograph, digitally reproduce and/or distribute or publish for Our promotional and marketing needs any work We create for You, including mock-ups, screenshots, and comprehensive presentations, as samples for Our portfolio, newsletter, blog, brochures, slide presentations and similar media. We also reserve the right to use in Our promotional material any feedback or testimonials You provide for Us .
You understand that the phrase “Designed by Ahumka Digital” or similar can be placed in the footer to each and every web page generated by Our service but may be removed from your website if requested by you.
We agree to store copies of delivered project materials for a period of 90 days beyond the delivery of Your website. Thereupon, We reserve the right to discard them.
8. Confidentiality
Your secrets are safe with Us. This includes Your proprietary information (things like trade secrets, know-how, or any other confidential information that is not publicly available). We promise We won’t sell Your proprietary information to a third-party, no matter how much they offer Us.
If We are legally compelled to provide this confidential information, then We have no choice but to do so. As long as We are not breaching any regulations by doing so, We will notify You if We have been legally compelled to supply Your confidential information.
9. Assignment
The Parties may not assign the responsibilities that they have under this Agreement to anyone else unless both Parties agree to the assignment in writing.
10. Termination
We would really hate to see You go. If You decide We aren’t Your cup of tea (or glass of wine), You can end this Agreement by giving Us ten (10) days written notice and paying Us for the Services that We have completed. Once the Website has been published, You can end this agreement by simply cancelling the plan You are currently signed up to.

If either Party fails to follow through with their responsibilities or obligations under this Agreement, the other Party can end this Agreement by giving a ten (10) day written notice. This Agreement will automatically terminate when both Parties have performed all of their obligations under the Agreement and all payments have been made.
We reserve the right to suspend and/or terminate any User’s access to any or all Services without notice for any violation to the Agreement, delinquency in Our system or in the use of Our Services, or for non-payment of any amount due within 10 days after its due date.
Effects of Termination: Once this agreement is terminated: (a) Your right to use or access the Services shall cease and We shall have no further obligation to make the Services available to You; (b) all rights and licences granted to You shall cease; (c) any amounts owed to Us at the time of termination, will be payable to Us in full; (d) You may request within 30 days to export or download User Data. After this 30-day period, We hold no obligation to maintain or provide any of Your User Data and may delete or destroy all User Data in Our possession, unless legally prohibited by applicable laws from doing so.
We also reserve the right to terminate this agreement, or refuse to provide Our services to build or maintain any site that is used for following purposes:
1. 10.1. To upload, post, publish or distribute any content that is unlawful, defamatory, harmful or an invasion of another’s privacy, or otherwise object, including but not limited to material that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual
2. 10.2. To upload, post, publish or distribute any content that you do not have the right to distribute under any law, or under contractual or fiduciary relationship
3. 10.3. To upload, post, publish or distribute any content that infringes any patent, trademark, trade secret, copyright or other proprietary and intellectual rights of any party, or rights of publicity or privacy of any party
4. 10.4. To harm minors in any way, either intentionally or unintentionally
5. 10.5. To create sites that contain nudity or pornographic material or sexual material or material that is obscene in nature without suitable warning to browsers as to the nature of the content prior to viewing it
6. 10.6. To forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the sites
7. 10.7. To upload, post, publish or distribute any unsolicited or unauthorised advertisements, promotional material, junk mail, spam, chain letters, pyramid schemes, etc.
8. 10.8. To upload, post, publish or distribute any material that contains software viruses or any other computer code or files with the intention to interrupt, destroy or limit the functionality of any computer or software, telecommunication equipment or harm the service offered by the company
9. 10.9. To interfere with or disrupt Our servers or infringe any requirements, procedures or policies of networks connected to the Our servers, or interfering with the use of Our other customers, including but not limited to (i) transmitting any material that contains viruses that are intended to damage any system, data or personal information, or (ii) attempting to gain unauthorised access to Our services, or private data through password mining
10. 10.10. To intentionally or unintentionally violate any applicable law, whether local or international
11. 10.11. To intentionally or unintentionally violate the legal rights of others
12. 10.12. To collect, store and distribute personal data of other users, without their prior consent
13. 10.13. To promote or engage in illegal activities of any nature, whether local or international
11. Limitation of Liability
Your liability to Us is only for the costs payable under this Agreement. You will not be liable to Us, or any third-party, for damages like lost profits, lost savings, incidental damages, consequential damages, or special damages.
If You or a User is receiving free services from Us, then the limitation doesn’t apply. In such cases,Our aggregate liability will be limited to USD100
The parties agree that the allocations of risk made in this Agreement are reasonable. To the extent permitted by law, in no event shall either party be liable for any indirect, incidental, special or consequential damages, business information, good will, loss of profits or revenue, or other pecuniary loss, arising under or in connection with the Agreement.
Some of the Services We provide to You include third party products and services. In such circumstances, We will not be responsible for any breaches in security or loss of data caused from using these services, and We disclaim all liability for those products and services.
12. Disclaimer of Warranties.

We will do Our utmost to provide You with a website and digital solutions that We think will increase both Your customer base, and Your profits. However, while We would love to be able to guarantee this for You, unfortunately We do not represent or warrant that Your Website or any of the digital solutions that you purchase will create any additional profits, sales, exposure, brand recognition, or the like. There are far too many circumstances outside Our control that will determine whether this happens or not.
1. 12.1. Dispute Resolution
  We’re starting off on good terms and we sincerely hope to continue that way. However even the best of relationships encounter a bump in the road, and it’s always better to have a set of rules to fall back on so Our relationship with You doesn’t become acrimonious
2. 12.2. Negotiation: We want to work this out. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.
3. 12.3. Mediation/Arbitration: If talking it over doesn’t go well, either Party may initiate mediation or binding arbitration in a forum mutually agreed to by the Parties.
4. 12.4. Litigation: If litigation is necessary, this Agreement will be interpreted based on the laws of the Hong Kong S.A.R regardless of any conflict of law issues that may arise. The Parties agree that the dispute will be resolved at a court of competent jurisdiction in Hong Kong.
5. 12.5. Attorney’s Fees: The prevailing party, or “winner” as non-lawyers call it, will be able to recover its attorney’s fees and other reasonable costs for a dispute resolved by binding arbitration or litigation.
13. Severability
If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of the Agreement will still be enforceable.
14. Complete Contract
This Agreement puts the Parties entire understanding of the Services to be performed and anything else the Parties have agreed to in black and white (literally). This Agreement supersedes any other written or verbal communications between the Parties. We may from time to change the Terms of this agreement. Changes will be posted on Our Website at www.ahumkadigital.com/terms . We will notify You of any material changes.
This Agreement does not create any agency, partnership, joint venture, employment or franchisor or franchisee relationship. No labour relationship between Us and You or Your employees is created or acknowledged. Neither party has the right or authority to, and will not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
15. Notices
All notices under this agreement must be sent by either email with return confirmation of receipt, or certified or registered snail mail with return receipt requested.

Notices should be sent to:

MOA Holdings
14th Floor, China Hong Kong Tower
8 Hennessy Road
Wanchai,
Hong Kong

Or email to letstalk@ahumkadigital.com
16. Let’s Shake Hands
Ink is the official handshake of business. By using Our services, You agree to the terms of this Agreement, and You represent that You have the authority to enter into this Agreement. This Agreement will become effective on the date of the submission of the order form.