1. Fees, Payments and Taxes.
The fees for purchase or use of the Service are those fees that You agreed to pay during the order process (“Fees”). The Fees will be billed to via invoice, Your credit card or bank account that You provided during the order process. You hereby authorize JM Worx LTD (or its designee) to charge the applicable Fees to Your credit card or bank account on a recurring basis. This will be determining by the Billing Cycle that you select: once per month for the Monthly Plan, once every 3 months for the Quarterly Plan or once per year for the Annual Plan. JM Worx LTD may increase the Fees (and invoice you or bill Your credit card or bank account for such increased Fees) at any time and from time to time upon thirty (30) days prior notice to the Customer. Any Fee increases will become effective at the beginning of the next month, quarter or year, as defined by the Billing Cycle chosen (next month for the Monthly Plan, next quarter for the Quarterly Plan or next year for the Annual Plan), as long as You do not opt to terminate the agreement. VAT is not chargeable on this service.
2. Term.
These Terms & Conditions shall become effective upon Your agreement to the provisions hereof by ordering via our website or by executing an order form that references these Terms & Conditions and shall remain effective until terminated.
3. Termination.
Either party may terminate this agreement at any time for any reason by providing 30 days written notice to the other party. Customer’s notice of termination must be provided via email to info@jamesmason.co. Verbal requests to terminate do not constitute acceptance of any termination.
4. Refunds.
In the event of termination, the Customer will continue to receive and pay for Service for a period of 30 days after the date of termination. For Customers on our Quarterly Plan or Annual Plan, any remaining unused payment will be refunded via the same payment method as originally used. Refunds for Quarterly or Annual Plans will be calculated as if the client had been on the Monthly Plan and any free months or other discounts offered with the Quarterly or Annual Plan will be forfeited.
5. Ownership of Digital Media.
Ownership of all Digital Media created by JM Worx LTD on behalf of the Customer is only passed to the Customer upon full payment of all outstanding monies owed.
6. Availability of Service.
JM Worx LTD's hours of operation are Monday through Friday 9am-5pm (UK Time). We are closed on public and national holidays. Customer support is provided by email only and we endeavour to reply to all emails within a maximum of 2 business days.
7. Relationship of Parties.
In performing any and/or all of our respective obligations under this agreement, JM WORX LTD and Customer shall each operate as and have the status of being an independent contractor of the other party, and neither party shall act as or be an agent or employee of the other party.
8. Indemnification.
Customer will defend, indemnify and hold harmless JM WORX LTD and its subsidiaries, licensors and affiliates (and their respective officers, directors, employees and agents) against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs and other expenses (including reasonable solicitor’s fees and costs) arising from or relating to use of the Service.
9. Disclaimer of Warranties.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS & CONDITIONS, THE SERVICE AND ANY ADVICE, SUPPORT OR SUGGESTIONS ARE ALL PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE AND ANY WARRANTY OF ERROR-FREE APPLICATION OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 5X LINKEDIN GROWTH DOES NOT WARRANT THE USE, RESULTS OR PERFORMANCE OF THE SERVICE, THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability.
NEITHER JM WORX LTD NOR ANY PERSON OR ENTITY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OPERATION OR SUPPORT OF THE SERVICE SHALL BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, PRODUCT LIABILITY OR OTHER CAUSE OF ACTION) TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS REVENUE OR PROFITS, BUSINESS INTERRUPTION FOR ANY REASON, LOSS OF BUSINESS INFORMATION OR DATA, INJURY TO REPUTATION, PERSONAL INJURY (WHETHER PHYSICAL OR MENTAL OR BOTH), GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR VIOLATION OF ANY APPLICABLE PRIVACY LAWS ARISING OUT OF (I) THE USE, MISUSE, OR INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; (V) TERMINATION OF ANY OF CUSTOMER’S SOCIAL MEDIA ACCOUNTS; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE OR USE THEREOF, EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 5X LINKEDIN GROWTH’S ENTIRE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO 5X LINKEDIN GROWTH UNDER THESE TERMS & CONDITIONS DURING A SINGLE BILLING CYCLE.
11. Miscellaneous.
11.1. Governing Law. These Terms & Conditions shall be governed and construed in accordance with the laws of England and Wales.
11.2 Jurisdiction. Customer hereby consents to the exclusive jurisdiction and venue of the courts of England and Wales in connection with all disputes arising out of or relating to these Terms & Conditions.
11.3 Severability. In the event that any provision of these Terms & Conditions is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any remaining provisions shall not in any way be affected or impaired, and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor.
11.4 Entire Agreement. JM WORX LTD reserves the right at any time to modify these Terms & Conditions and to impose new or additional terms or conditions on Your use of the Service. Such modifications and additional terms & conditions will be effective immediately and incorporated into these Terms & Conditions. Customer’s continued use of the Service will be deemed acceptance thereof.
11.5 Interpretation. The provisions of these Terms & Conditions shall be interpreted and construed in accordance with their fair meanings, and not strictly for or against any party, regardless of which party may have drafted these Terms & Conditions or any specific provision of these Terms & Conditions.
11.6 Waiver. The waiver of any provision of these Terms & Conditions shall not be effective unless in writing and signed by the party against which it is sought to be enforced. The failure of any party to insist, in any one or more instances, upon performance of any of these Terms or Conditions shall not be construed as a waiver of future performance of any terms, covenants or conditions of this agreement, and the obligations of each party with respect thereto shall continue in full force and effect.
11.7 Assignment; Binding Nature. These Terms & Conditions shall be binding upon the parties and their successors and permitted assigns. Customer may not assign this agreement, or any portion thereof to any third party without JM WORX LTD’s express prior written consent. JM WORX LTD may assign this agreement and all of its rights and obligations hereunder to any affiliate or to any successor to JM WORX LTD’s business.
12. Definition of a Lead
For the purposes of this Agreement, a “Lead” shall mean any individual or entity that has registered for or attended an event, webinar, seminar, or similar gathering hosted, sponsored, or promoted by the Company; any new prospect that has expressed interest in the Company’s product(s) or service(s), including but not limited to submitting an inquiry form, signing up for information, or otherwise demonstrating intent to learn more; any individual or entity that schedules and/or attends a phone call, virtual meeting, or in-person meeting with the Company or its representatives regarding the Company’s product(s) or service(s); or any individual or entity that engages in a substantive discussion with the Company or its representatives about the Company’s product(s) or service(s), including but not limited to pricing, features, customization, or potential implementation.
A Lead shall be deemed valid whether the interest is expressed verbally, in writing, electronically, or through participation in events or scheduling systems managed by the Company.