Terms of Service

1. Acceptance of Terms

Welcome to ProEcommerce.com ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website, services, and any related applications or platforms (collectively, the "Services") operated by ProEcommerce.

By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

These Terms apply to all users of our Services, including without limitation users who are browsers, customers, merchants, contributors of content, or any other type of user.

2. Services Description

ProEcommerce provides professional ecommerce development and consultation services, including but not limited to:

• Custom Ecommerce Development: Fully customized ecommerce solutions built to client specifications
• ProBuilt Turnkey Websites: Pre-designed, professionally developed ecommerce templates
• Training and Consultation: One-on-one coaching, strategy sessions, and educational services
• Technical Support: Ongoing maintenance, updates, and technical assistance
• Enterprise Solutions: Large-scale ecommerce implementations and integrations

Service Specifications

All services are provided according to detailed project specifications agreed upon in writing. We reserve the right to modify service offerings, features, and pricing with reasonable notice to existing customers.

Service Availability

While we strive for 99.9% uptime, we do not guarantee uninterrupted service availability. Scheduled maintenance will be announced in advance when possible.

3. Eligibility and Account Registration

Age Requirements

You must be at least 18 years old or have reached the age of majority in your jurisdiction to use our Services. If you are under 18, you may only use our Services with the involvement and consent of a parent or legal guardian.

Business Registration

For business accounts, you represent that you have the authority to bind your organization to these Terms and that your organization will be responsible for all activities under the account.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

4. Payment Terms and Billing

Pricing and Fees

All prices are clearly stated in US Dollars and are subject to applicable taxes. Custom development projects require a detailed quote and signed agreement before work begins.

Payment Schedule

• Custom Development: Typically requires 50% deposit before work begins, with remaining balance due upon completion
• ProBuilt Sites: Payment required before site delivery
• Consultation Services: May be billed hourly or per session as agreed
• Ongoing Services: Monthly billing for hosting, maintenance, and support services

Refund Policy

Refunds are handled on a case-by-case basis for custom development work. For ProBuilt sites and consultation services, refunds may be provided within 30 days if services have not been delivered or utilized.

Late Payments

Late payments may result in service suspension and may incur additional fees. We reserve the right to charge interest on overdue amounts at the rate of 1.5% per month or the maximum permitted by law, whichever is lower.

5. Intellectual Property Rights

Our Intellectual Property

The ProEcommerce website, services, and all content, features, and functionality are owned by ProEcommerce and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Client Work Product

Upon full payment for custom development services, clients receive ownership of the custom code and design elements specifically created for their project. However, ProEcommerce retains rights to:

• General methodologies, processes, and know-how
• Pre-existing code libraries and frameworks
• Third-party components and licenses

License to Use

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for their intended purpose, subject to these Terms.

6. User Obligations and Responsibilities

Accurate Information

You agree to provide accurate, current, and complete information during the registration process and to update such information to maintain its accuracy.

Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws and regulations in your use of our Services.

Content Responsibility

You are solely responsible for all content you provide, including product descriptions, images, and any other materials. You warrant that you have the right to use such content and that it does not infringe upon the rights of any third party.

7. Prohibited Uses

You may not use our Services for any unlawful purpose or to solicit others to perform unlawful acts. Prohibited uses include, but are not limited to:

• Violating any applicable laws or regulations
• Infringing upon intellectual property rights
• Transmitting malicious software or code
• Attempting to gain unauthorized access to our systems
• Interfering with or disrupting our Services
• Engaging in fraudulent or deceptive practices
• Selling illegal products or services
• Spamming or sending unsolicited communications

8. Warranties and Disclaimers

Service Warranty

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. For custom development work, we provide a 90-day warranty against defects in workmanship.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that our Services will be uninterrupted, error-free, or completely secure, or that defects will be corrected.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROECOMMERCE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OUR SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID BY YOU TO PROECOMMERCE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless ProEcommerce and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to:

• Your violation of these Terms
• Your use of our Services
• Your violation of any rights of another party
• Content you provide or make available through our Services

11. Termination

Termination by You

You may terminate your account at any time by contacting us. Upon termination, your right to use our Services will cease immediately.

Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Effect of Termination

Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of our Services, to understand our practices.

By using our Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

13. Dispute Resolution

Informal Resolution

We encourage you to contact us first to resolve any disputes informally. Many concerns can be resolved quickly and to your satisfaction by contacting our customer service team.

Arbitration

Any dispute arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between us and you individually. You will not participate in a class action or class-wide arbitration.

14. Governing Law

These Terms shall be interpreted and governed by the laws of the State of Wyoming, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Wyoming.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new "Last Updated" date.

Your continued use of our Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using our Services.