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DiviTwist.com Terms & Conditions

Last updated: January 05, 2022

TERMS & CONDITIONS

The following document outlines the terms of use (“Terms”, “Terms & Conditions”) of the DiviTwist.com website.

Please read these Terms & Conditions  (“Terms”, “Terms & Conditions”) carefully before using the Services offered on this website, DiviTwist.com (the “Service”) operated by Shanora, LLC (“us”, “we”, or “our”). You can also review our Privacy Policy, which outlines our practices towards handling any personal information you may provide us.

Before using any of the DiviTwist.com services, you are required to read and agree to these terms. You may only purchase our Products and Services after reading and accepting these terms.

ACCEPTANCE OF TERMS

The web pages and services available at DiviTwist.com (“Site”) are owned and operated by Shanora, LLC.

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

By accessing the Site or using any services available on the Site you are agreeing to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

CHANGE

We reserve the right, at our sole discretion, to modify or replace the terms at any time. If a revision is material we will notify you by posting an announcement on the site. What constitutes a material change will be determined at our sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

DESCRIPTION OF SERVICE

The Site is an online provider that offers Divi child themes, extensions, layouts, and custom work. Services include, but are not limited to, any service and/or content DiviTwist.com makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.

PRIVACY

You can also review our Privacy Policy, which outlines our practices towards handling any personal information you may provide us. Our Privacy Policy is available on our Site.

USE OF SERVICE

Services are available only to legal entities and to individuals who are at least 18 years of age.

The term “you” or “your” as used herein shall at all times include the individual or legal entity which has purchased any DiviTwist.com Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.

CUSTOMIZATION REQUESTS & REASONABLE USE

Requests for custom services must be made through the appropriate channels to be received and responded to in a reasonable amount of time. Requests for services can be made through our website at https://DiviTwist.com/contact. Requests are subject to approval by Shanora, LLC management or its assigned agents and should fall within the scope of services as outlined on the Site.
If your customization requires content, you are responsible for supplying the content prior to project start. This will ensure that you get your finished product in a timely manner.

Be aware that any custom projects requiring custom coding may take longer than one without, depending on the amount and difficulty of the coding involved.

Final project will not be released until paid in full.

SERVICE LIMITATIONS

Requests for services outside our scope of services will be rejected. If you are unsure whether a request falls within the scope of allowable services, you may submit a request and we will either accept or reject it based on managerial approval.

PAYMENT

Payments for services are made through WooCommerce Payments. Custom services require purchasing one or more hours of service time in advance. In the event that services exhaust or exceed the balance of time in your account, we reserve the right to stop any and all work until additional payments are made and your account reflects a positive balance.

You must purchase at least 3 hours of time for your project to begin. In the event that your time runs out, you will be notified of the current progress on your project, and be asked to purchase more time for your account. All work will stop until there is a positive balance in the account.

If your payment is placed on hold by WooCommerce Payment, you will be notified by us. Work on your project will not commence until funds are released.

Final project will not be released until paid in full.

YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES.

BILLING & RATES

Your total price for Services will include the price of the Service but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable.

Custom work will be given a rough estimate of costs. The estimate is not a guarantee of the final cost, as changes and revisions often occur during the creation process. Custom work will require a minimum payment of three hours, due prior to commencing work on the project. Custom work, including all revisions, phone calls and emails, are billed by the quarter hour.

Prices for the Services may change at any time at our sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

We reserve the right to discount rates at our discretion.

GUARANTEE / REFUND POLICY

PURCHASES

We offer a 30 day money-back guarantee on any of our Divi related, layouts, extensions, and child themes.

We offer a 15 day money-back guarantee on any custom work. Any time spent or work completed on the project to the date of refund request will be deducted from the total amount refunded. Any refund requests made outside of this time will not be honored. All refunds will be credited to the original payment source, minus a $50 service charge, within 30 days of the refund request.

REFUNDS

Once your refund request is received, we will send you an email to notify you that we have received your request. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, less any fees or used time. Once your payment has been refunded, it can take up to a week to be reflected on your banking balance.

After 30 days, purchases are no longer eligible for refunds.

LATE OR MISSING REFUNDS

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at {email address}.

EXCHANGES

We do not offer exchanges.

TERMINATION

We may terminate or suspend any and all Services immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of our Services, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

LINKS AND THIRD-PARTY MATERIALS

We may provide links to third-party websites as a convenience to you. You agree that we are not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

RELEASE AND INDEMNITY

You hereby expressly and irrevocably release and forever discharge Shanora, LLC, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless Shanora, LLC, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of,  in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf; or (iii) any material or immaterial violation of any rights, title or interests of any third party.

LIMITATION OF LIABILITY

In no event shall DiviTwist.com, or Shanora,LLC, be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.

DIVITWIST.COM, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY DIVITWIST.COM OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

MISCELLANEOUS

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. We may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within Colorado between two residents thereof, the parties submit to the exclusive jurisdiction of Colorado courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms.

CONTACT US

If you have any questions about these Terms, please contact us.