Welcome to Prontowebsites.com Terms and Conditions. Thank you for choosing us as your business partner! Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. Prontowebsites.com offers website services for businesses and individuals.
1.1. Our Purpose
Our services allow businesses to have webs designers build and maintain their business website for them.
1.2. Legal Agreement
These Pronto Websites Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented on the Prontowebsites.com website(s), all set forth the entire terms and conditions applicable to each visitor or user (“User” our “you”) of the Pronto Websites and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through Pronto Websites or “Services”).
The Pronto Websites Terms constitute a binding and enforceable legal contract between Pronto Websites and its affiliated companies and subsidiaries worldwide (“Pronto Websites”, “us” or “we”) and you in relation to the use of any Pronto Websites Services - so please read them carefully.
You may visit and/or use the Pronto Websites Services only if you fully agree to the Pronto Websites Terms - and by using and/or registering to any of the Pronto Websites Services, you signify and affirm your informed consent to these Terms of Use and any other Pronto Websites Terms applicable to your use of any Pronto Websites Services. If you do not read, fully understand and agree to the Pronto Websites Terms, you must immediately leave the Pronto Websites Website and avoid or discontinue all use of the Pronto Websites Services.
By using our Services, you acknowledge that you have read our Privacy Policy available at http://www.prontowebsites.com/privacy (“Privacy Policy”).
1.3. User Account
In order to access and use certain sections and features of the Pronto Websites Services, you must first register and create an account with Pronto Websites (“User Account”).
If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Pronto Websites Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using the Pronto Websites Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.
2.1. You represent and warrant that:
And specifically regarding your User Content:
2.2. You undertake and agree to:
2.3. You agree and undertake not to:
3.1. Your Intellectual Property
As between Pronto Websites and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Pronto Websites does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
3.2. Pronto Websites Intellectual Property
All rights, title and interest in and to the Pronto Websites Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Pronto Websites Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Pronto Websites.
Subject to your full compliance with the Pronto Websites Terms and timely payment of all applicable Fees, Pronto Websites hereby grants you, upon creating your User Account and for as long as Pronto Websites wishes to provide you with the Pronto Websites Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Pronto Websites Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Pronto Websites Terms, and solely within the Pronto Websites Services.
The Pronto Websites Terms do not convey any right or interest in or to Pronto Websites Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Pronto Websites Terms constitutes an assignment or waiver of Pronto Websites Intellectual Property rights under any law.
4. Privacy
Certain parts of the Pronto Websites Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the Pronto Websites Services, Pronto Websites and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the Pronto Websites Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.
5.1. Paid Services
The use of Pronto Websites Services are subject to payment of particular fees, as determined by Pronto Websites in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Pronto Websites will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
Pronto Websites reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Pronto Websites shall have the right to automatically and without notice renew your subscription to such Pronto Websites Service(s) at the full applicable Fee.
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Pronto Websites. To the extent permitted by law (and unless specified otherwise by Pronto Websites in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Pronto Websites Services, or to any payments or purchases made by you. If Pronto Websites is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Pronto Websites is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorizePronto Websites (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated credit or debit card information, and to make any inquiries Pronto Websites or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
You must keep a credit card stored with Pronto Websites to pay for your Paid Services (“Stored Card”). You will be able to identify your Stored Card by its last four digits.
5.2. Invoices
Pronto Websites will issue an invoice upon request but they are not automatically sent out.
5.3. Subscription Auto-Renewals
In order to ensure that you do not experience any interruption or loss of services, Paid Services include an automatic renewal. Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”).
By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.
5.4. Chargebacks
If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Pronto Websites account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Pronto Websites Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss.
Your use of the Pronto Websites Services will not resume until you re-subscribe for any such Pronto Websites Services, and pay any applicable Fees in full, including any fees and expenses incurred by Pronto Websites and/or any Third Party Services for each Chargeback received (including Fees for Pronto Websites Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
5.5. Domains
Pronto Websites offers all paying clients the ability to purchase the domain that is pointed to their existing website provided by Pronto Websites for $495. Paying clients are able to purchase the domain that is pointed to their existing website and continue their service with Pronto Websites. After 12 consecutive successful payments to Pronto Websites, client may request the domain that is pointed to their existing website provided by Pronto Websites for $95.
Pronto Websites offers all paying clients the ability to purchase the HTML code of their website for $995 at anytime.
6.1. Cancellation by User
You may discontinue to use and request to cancel your User Account and/or any Pronto Websites Services at any time, in accordance with the following:
You must inform Pronto Websites that you want to cancel your subscription at least 3 business days prior to your next billing cycle. You must call 984-884-6204 or email support@prontowebsites.com. If you cancel after your current billing cycle has started, you will not be reimbursed for that month. You will still have full access to your website and subscription features until that cycle ends. At the end of your cycle, we will unpublish your site and you will no longer have access to it or it’s features. If you’ve prepaid you will be refunded a prorated amount for the remainder of the calendar year.
Pause Your Account - Pronto Websites allows all active clients to pause your subscription for 1 complete billing cycle. Let us know by calling or emailing us at least 3 business days ahead of the next month’s billing cycle. When you pause, your website will remain published and you will have access to all paid features in your subscription at no charge. Your subscription will resume at the start of the following billing cycle. If you have a hardship you can extend the pause for
1 more billing cycle
for a fee of $25* (*fee varies based on your plan/add ons.). Your subscription will resume on the next billing cycle.
Pause Fee Breakdown
1st Pause - Free (one per year)
Hardship Extension (1 additional pause max) - $25 for Basic , E-Commerce (Under 50 items) $40, E-Commerce (Over 50 items) $85
Add Ons (combine with plan for total) - Member Page Pro +$7, Member Subscriptions +$15
6.2. Cancellation by Pronto Websites
Failure to comply with any of the Pronto Websites Terms and/or to pay any due Fee shall entitle Pronto Websites to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Pronto Websites Services (e.g., Paid Services) or Third Party Services to you.
6.3. Loss of Data, Content and Capacity
If your User Account or any Pronto Websites Services or Third Party Services related to your User Account are cancelled (whether at your request or at Pronto Websites discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services
(“Capacity Loss”). Pronto Websites shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Pronto Websites Services following their cancellation, as determined by Pronto Websites in its sole discretion.
7.1. Misconduct and Abuse
When using the Pronto Websites Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Pronto Websites with respect thereto.
To the fullest extent permitted by law in each applicable jurisdiction, Pronto Websites, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Pronto Websites Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Pronto Websites Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Pronto Websites Services; (6) events beyond the reasonable control of Pronto Websites, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Pronto Websites Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Pronto Websites services to you, and such limitations will apply even if Pronto Websites has been advised of the possibility of such liabilities.
You agree to defend, indemnify and hold harmless Pronto Websites, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other Pronto Websites Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Pronto Websites Services, including, without limitation, Pronto Websites Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.