Terms of Service

Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Country United States
• State: Georgia
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to DiGital FaQeer
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Service refers to the Website.
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Template.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to DiGital FaQeer, accessible from www.digitalfaqeer.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

• Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
• You acknowledge that all services including SOPs are best practices, may contain information which is inaccurate, and that there is no implied warranty regarding any or all services offered by DiGital FaQeer, its employees, etc.
• To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

Governing Law and Jurisdiction: This liability waiver clause and any disputes arising from the product sourcing services shall be governed by and construed in accordance with the laws of [Georgia/United States], without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this agreement shall be brought exclusively in the courts located in Georgia / Cherokee County, and the parties hereby consent to the personal jurisdiction of such courts.

Indemnification: The Client agrees to indemnify, defend, and hold the Agency, its officers, directors, employees, and agents harmless from and against any claims, demands, losses, liabilities, costs, or expenses, including reasonable attorney fees, arising out of or related to the Client’s use of the sourced products or any breach of this agreement.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Terms and Conditions Per Specific Service:

General Disclaimer:

• DiGital FaQeer does not guarantee results for any service.
• Client at times must provider documentation or information to DiGital FaQeer to be able to fulfill Amazon’s policy. If client is unable to provide such documentation, DiGital FaQeer may be unable to move forward, and there will be no implied refund as such.
• DiGital FaQeer will abide by the conditions and Terms of Service provided by Amazon and any Local, State, Federal, or International Law as applicable.
• Amazon Listing Reinstatement Service: This service is for one (1) ASIN per marketplace, with 8 hours allocated per project. The service concludes when the specified ASIN is reinstated, regardless of any unused hours within the 8-hour allocation.
• UPC to GS1 Barcode Change Service: This service is for one (1) ASIN per marketplace, with 8 hours allocated per project. The service concludes when the UPC is changed to the requested product ID, regardless of any unused hours within the 8-hour allocation.
• Account Suspension Reinstatement Service: This service is designed for a single marketplace only, with 8 hours allocated per project. The service concludes when the specified account is reinstated, regardless of any unused hours within the 8-hour allocation.
• Amazon Brand Name Change Service- Tier 1: This service covers 1 to 10 ASINs per marketplace, with 8 hours allocated per project. The service concludes upon the completion of brand name changes into the desired brand name for each specified ASINs, regardless of any unused hours within the 8-hour allocation.
• Amazon Brand Name Change Service – Tier 2: This service covers 11 to 30 ASINs per marketplace, with 16 hours allocated per project. The service concludes upon the completion of brand name changes into the desired brand name for each specified ASINs, regardless of any unused hours within the 16-hour allocation.

Timing: Some orders and services have delivery timeframes. Others have ranges. Services related to troubleshooting can take as little as 2 days and as long as 60 days. You agree that as long as DiGital FaQeer is willing to work on your issue that you will honor the payment terms. 

Termination: Both parties may agree to terminate project work. Your order commits you to the full payment amount and can not be refunded without mutual consent. DiGital FaQeer also reserves the right to refund projects fully or partially on services we are not comfortable handling for any reason.

All Site Orders are Final and Non-Refundable with the Exception Listed below. 

Reinstatement Orders: Reinstatement orders are non-refundable once an appeal has been filed. If no appeal has been filed by either party and DiGital FaQeer is unsuccessful within 90 days of ordering, a 100% refund will be granted. 

Creative Design Exclusion: All Creative Orders (A+ content, brand story, storefront, listing images) are subject to 3 Revision Requests Maximum. Additional requests will be billed at $300 per request.

Max Billable Time: A maximum of 8 hours will be spent per project order, hours beyond this limit is at DiGital FaQeer’s sole discretion, and may result in additional charges. 

Any website order (with the exception of coaching), does not include phone calls or verbal communication, and if such calls are required, an additional charge will be applied, billable at $400 per hour at our discretion. 

Coaching calls: These calls are for time spent consulting with you. The time spent during the 30 or 60 minute session is non-refundable. At our sole discretion we may go above and beyond a call to offer further advice by email.  

WARRANTY EXCLUSIONS. CONTRACTOR IS BEING ENGAGED ONLY TO PROVIDE THE SERVICES SET FORTH IN THIS AGREEMENT, INCLUDING ANY AGREED DELIVERABLES. CLIENT ACKNOWLEDGES THAT THE SERVICES ARE AN ITERATIVE PROCESS AND MAY REQUIRE MODIFICATION IN RESPONSE TO CHANGES IN AMAZON’S POLICIES AND REQUIREMENTS. WITH THE EXCEPTION OF THE REPRESENTATIONS AND WARRANTIES IN SECTION 8(a), CONTRACTOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE SERVICES OR DELIVERABLE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CONTRACTOR MAKES NO WARRANTY THAT THE SERVICES AND ANY WORK PRODUCT WILL MEET CLIENT’S REQUIREMENTS, THAT THE RESULTS OBTAINED FROM THE SERVICES OR ANY DELIVERABLES WILL BE SATISFACTORY, OR THAT THE SERVICES OR ANY DELIVERABLES WILL MEET CLIENT’S EXPECTATIONS. THE REPRESENTATIVES OF CONTRACTOR HAVE NO AUTHORITY TO GIVE ANY WARRANTIES ON BEHALF OF CONTRACTOR. CLIENT IS SOLELY RESPONSIBLE FOR THE IMPLEMENTATION OF ANY COURSE OF ACTION BASED ON SUCH SERVICES.

Non-Solicit. Client agrees that during the Term and for a period of one year thereafter (the “Restricted Period”), Client shall not, directly or indirectly, solicit any employee, contractor or subcontractor of Contractor or any person or entity who was an employee, contractor or subcontractor of Contractor during the Term. Client further agrees that it will not, without prior written consent of Contractor, during the Term or during the Restricted Period, alone or with others, directly or indirectly, induce or assist any person or entity in inducing any employee, contractor, or subcontractor that is or that is hereafter employed or engaged by Contractor to cease doing business with Contractor or otherwise alter or limit its business relationship with Contractor. If Client breaches this Section 4(d) by hiring any employees, contractors, or subcontractors of Contractor, and prior written authorization has not been obtained, Client shall pay to Contractor a hire fee equal to the greater of: (a) the then current annual salary of each employee, contractor or subcontractor hired in contradiction of this Section 4(d), or (b) $10,000. The Restricted Period will be extended while Client is in breach hereof for a period of time commensurate with the period of time that Client was in breach, to ensure that Contractor receives the full benefit of the Restricted Period.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: sales@digitalfaqeer.com

SOP Licensing Terms & Conditions

SOP and Informational Product Services:Fees:  DiGital FaQeer charges either (1) a yearly subscription fee for yearly access to the SOP Library or (2) a one-time fee for lifetime access to the SOP Library. For yearly access, you agree to pay the subscription fee in advance each year, and you authorize us to charge your payment method on file for the subscription fee and any other applicable charges.

Use of Materials and Intellectual Property Rights: All Content is protected by copyright and other intellectual property laws. DiGital FaQeer owns and retains all right, title, and interest in and to the Content, including all intellectual property rights therein. Your use of the Website and Content does not grant you any ownership rights in the Content.

License: Subject to your compliance with the terms contained herein, DiGital FaQeer grants you a limited, non-commercial, non-exclusive, non-transferable, and revocable license to access and use the Content for your personal or internal business purposes only. The license is granted solely for the purpose of allowing you to benefit from DiGital FaQeer’s services in accordance with these Terms.

Prohibited Actions:

• Copy, reproduce, distribute, transmit, or publicly display any part of the Content without the prior written consent of DiGital FaQeer or Sell, rent, lease, sublicense, or otherwise transfer or exploit the Content for any commercial purpose.
• Use the Content to provide services to third parties, including but not limited to consulting or training services, without the prior written consent of DiGital FaQeer.
• Share your subscription or access credentials with any other person or entity.
• Modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Content, or create any derivative works based on the Content (other than documents you create through your membership, which you may use for your own personal use).
• Remove or alter any copyright, trademark, or other proprietary notices included in the Content.
• Offer consulting services to third parties whereby the Content is used in whole or in part as the basis for such services.
• Using our Content or services to engage in illegal activities.
• Misrepresenting yourself or your business to DiGital FaQeer or other users of our services.

Feedback:

• If you submit feedback or suggestions about our Content, we may use your feedback or suggestions without obligation or compensation to you. You acknowledge and agree that DiGital FaQeer is authorized to collect and use aggregated or anonymized information from or about you and other users and user-created documents for the purposes of researching, developing, improving and marketing its services.
• Any rights not expressly granted in these Terms are reserved by DiGital FaQeer.