The availment of our services, support plans and use of this website indicates your agreement to the Terms and Conditions which we provide, hereby. If you do not accept these provisions, do not avail our services or use this Web site.
Throughout the content of our website, the ‘You’ word is used for a visitor to this website, who either visits, purchases or is willing to purchase the services of XTEN-AV, and ‘We’, ‘Our’ or ‘Us’ is used for the company naming XTEN-AV.
We reserve all rights to change these terms and conditions without notifying you. So, it is seemly to check up on the updates on our site which we might provide periodically, and read them carefully.
We, or any third party will not be liable for the information and the products provided on XTEN-AV and will not provide any warranty or guarantee on the products or services given by us. It is totally your responsibility to check the support plan carefully and verify it if it meets your requirements , before buying.
2. Unauthorized/Illegal Usage
XTEN-AV is an independent company registered in California . The information contained through the content of this Web site, is provided purely for informational purposes regarding our company and its products.
Any disputes arising in connection with this Agreement shall be governed in all respects by the laws of the United States of America without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.
The details of fees and charges for any service, membership or product are supplied to you during the ordering process or via the Website or over the telephone.
According to our terms, you consent to pay the agreed upon charges applicable to your selected service, as well as any applicable tax or other charges levied in the plan draft.
5.Billing and Payments
5.1 If you select a paid Services level, you may choose to subscribe and pay for the Services on either a monthly or annual basis and XTEN-AV will bill the account administrator in advance for use of the Services. Current pricing for monthly and annual paid levels are as set forth on the XTEN-AV web site, and XTEN-AV reserves the right to modify pricing at any time, provided however that XTEN-AV will notify the account administrator of a paid level account by email prior to any monthly or annual price increase affecting that account. If you upgrade to a higher paid level or tier, XTEN-AV will credit any remaining balance from your previous subscription payment to your new level or tier. You may choose to discontinue your paid level account at any time; however, XTEN-AV does not issue refunds for unused subscription periods.
5.2 You agree to maintain valid and up-to-date billing information on file with XTEN-AV. You may update this billing information at any time in your Account settings.
5.3 All payments due are in U.S. dollars unless otherwise indicated on the subscription pricing page or invoice.
- Credit Card or Debit Card. Fees for accounts where you are paying with a credit card, debit card or other non-invoice form of payment are due at the beginning of the month for which Services will be provided to you. For credit cards, or debit cards: (i) XTEN-AV will charge you for all fees when due at the beginning of each service month or year, as applicable; and (ii) these fees are considered delinquent if not received at the start of each service month or year.
- Invoices. Payments for invoices are due ten days after the invoice date, unless otherwise specified, and are considered delinquent after such date.
- Renewal. For paid levels, at the end of each annual or monthly subscription period (as applicable), the Services will automatically renew for an additional year or month, respectively. If you wish to change your subscription level or term, the account administrator must change the settings in the account administration console provided as part of the Services.
- Other Forms of Payment. XTEN-AV may enable other forms of payment by making them available in the account administration and payments page. These other forms of payment may be subject to additional terms which you may have to accept prior to using the additional forms of payment.
5.4 XTEN-AV will endeavor to notify you (or in the case of a Team account, your account administrator) if your paid account has delinquent fees. If delinquent fees are not paid, XTEN-AV will automatically downgrade your account to a free XTEN-AV account and/or suspend your use of the Services.
5.5 You are responsible for any taxes, duties, and customs fees associated with the sale of the Services (other than XTEN-AV’s income tax) (collectively “Taxes”), and you will pay XTEN-AV for the Services without any reduction for Taxes. If XTEN-AV is obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide XTEN-AV with a valid tax exemption certificate authorized by the appropriate taxing authority. If you are required by law to withhold any Taxes from your payments to XTEN-AV, you must provide XTEN-AV with an official tax receipt or other appropriate documentation to support such payments.
5.6 These billing and payment terms may not apply if you are not subscribing to the Services directly from XTEN-AV.
6.Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to XTEN-AV for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify XTEN-AV immediately at SUPPORT@XTENAV.com.
7. Ending your relationship with XTEN-AV
7.1 The Terms will continue to apply until terminated by either you or XTEN-AV as set out below.
7.2 If you want to terminate your legal agreement with XTEN-AV, you may do so by (a) notifying XTEN-AV at any time and (b) closing your accounts for all of the Services which you use, where XTEN-AV has made this option available to you. Your notice should be sent, in writing, to XTEN-AV’s address which is set out at the beginning of these Terms.
7.3 XTEN-AV may at any time, terminate its legal agreement with you:
(A) if you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) if XTEN-AV is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) if XTEN-AV is transitioning to no longer providing the Services to users in the area in which you are resident or from which you use the service; or
(D) if the provision of the Services to you by XTEN-AV is, in XTEN-AV’s opinion, no longer commercially viable.
7.4 In addition, XTEN-AV may terminate its legal agreement with you, for any reason or no reason, by giving you 5 days’ written notice to the email address you provide when you register for XTEN-AV. If we discontinue your access to the Services at the end of this 5 day period, our termination will be effective at the end of this period, and we will refund any prepaid, unused subscription fees for the Services as soon as practicable thereafter. Otherwise, no fees are refundable, and you may continue using the Services through the end of your subscription period, at which point our termination will become effective.
7.5 Nothing in this Section shall affect XTEN-AV’s rights regarding provision of Services under Section 4 of the Terms.
7.6 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and XTEN-AV have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 23.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
7.7 If your XTEN-AV account is canceled, your information on our servers may be deactivated but not deleted. We do not actively delete your profile information, for example your name and email address. Any content that you do not wish to remain on our servers after ending your relationship with XTEN-AV should be deleted prior to closing your account.
8. XTEN-AV is not responsible and liable for any damages resultant from improper implementation onsite. It is the responsibility of system contractor to cross verify each component of the design published by XTEN-AV before implementation onsite.