Terms of Service for Durant Tech Services
This Terms of Service Agreement (the "Agreement") is a legally binding contract between the user ("User", "you" or "your") and Durant Tech Services, a Barbados company, and governs your use of the services and products offered by Durant Tech Services at its website, duranttechservices.cloud (the "Website").
This Agreement is effective as of the 20th day of June 2024 (the "Effective Date").
By accessing, browsing, or using the Website, you acknowledge that you have read, understand, and agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to be bound by this Agreement, you must discontinue your use of the Website immediately.
1. User Rights and Responsibilities
1.1. User Account
You may create an account to access certain features and services offered on the Website. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activities that occur under your account. You agree to notify Durant Tech Services immediately of any unauthorized use of your account or any other breach of security.
1.2. Prohibited Conduct
You acknowledge and agree that you are solely responsible for your conduct while using the Website and that you will not, under any circumstances:
(a) use the Website in any manner that could interfere with, disrupt, negatively affect, or prohibit other users from fully enjoying the use of the Website;
(b) engage in any fraudulent, abusive or otherwise illegal activity;
(c) use the Website to store, transmit, or disseminate any content that is unlawful, harassing, defamatory, libelous, obscene, pornographic, or discriminatory;
(d) violate, or encourage others to violate, any applicable law, regulation, or this Agreement;
(e) attempt to gain unauthorized access to, or disrupt the integrity or security of, the Website or any related systems or networks;
(f) impersonate any other person or entity, or falsify or delete any user or account information;
(g) engage in any activity that would constitute a breach of any applicable data protection, privacy or anti-spam legislation; or
(h) otherwise interfere with the proper functioning of the Website.
In the event of a breach of this Section 1.2, Durant Tech Services reserves the right, in its sole discretion, to suspend or terminate your access to the Website or to take any other action it deems appropriate, including but not limited to notifying the appropriate authorities, without notice and without liability.
2. Content Guidelines
2.1. Content Ownership
All content posted or otherwise submitted to the Website, including without limitation any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (collectively, "User Content"), is owned by or licensed to Durant Tech Services. Durant Tech Services retains all rights, title, and interest in and to the User Content, including all intellectual property rights.
2.2. Content Restrictions
You agree that, when providing User Content to the Website, you will not submit, upload, post, or otherwise disseminate any material that:
(a) infringes or violates the rights of any third party, including without limitation intellectual property rights, privacy rights, publicity rights, or moral rights;
(b) is unlawful, harmful, defamatory, libelous, obscene, pornographic, harassing, hateful, offensive, or threatening;
(c) contains any computer viruses, worms, or other potentially damaging computer programs or files; or
(d) promotes or incites violence, terrorism, illegal activities, discrimination, or hatred against any individual or group based on race, gender, religion, nationality, disability, sexual orientation, or age, or is otherwise objectionable in Durant Tech Services' reasonable discretion.
3. Dispute Resolution
3.1. Informal Resolution
If any dispute arises between you and Durant Tech Services relating to this Agreement, your use of the Website, or the services or products offered on the Website (a "Dispute"), you and Durant Tech Services agree to first attempt to resolve the Dispute through good faith negotiation. If the Dispute cannot be resolved through negotiation, you and Durant Tech Services agree to submit the Dispute to mediation prior to initiating any arbitration or litigation proceedings.
3.2. Binding Arbitration
If the Dispute cannot be resolved through negotiation or mediation, you and Durant Tech Services agree to submit the Dispute to binding arbitration in accordance with the rules of the Barbados International Financial Centre (the "BIFC") or its successor. The arbitration shall take place in Bridgetown, Barbados before a single arbitrator mutually agreed upon by the parties or, if the parties cannot agree on an arbitrator within 30 days, appointed by the BIFC. The language of the arbitration shall be English, and the governing law shall be the substantive law of Barbados. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
4. Terms and Condition of Sales of Products and Services
4.1. Return Policy
Subject to the conditions and requirements set forth in this Section 4.1, you may return any product or service (each, a "Product or Service") purchased from Durant Tech Services through the Website within 30 days of the date of purchase for a refund of the purchase price, less a 15% restocking fee.
To be eligible for a return, your Product or Service must be unused, unaltered, and in the same condition that you received it, with all original labels and tags attached. You must also provide proof of purchase, such as a receipt or order confirmation, and obtain a Return Merchandise Authorization ("RMA") number from Durant Tech Services before returning the Product or Service.
To initiate a return, please contact Durant Tech Services using the contact information provided on the Website. Durant Tech Services will provide you with instructions on how to ship the Product or Service back to Durant Tech Services.
Once your return is received and inspected by Durant Tech Services, Durant Tech Services will send you an email notifying you of the approval or rejection of your refund. If approved, your refund will be processed, and a credit will be applied to your original method of payment, within 15 business days. Durant Tech Services reserves the right to refuse any return that does not meet the above-stated conditions and requirements.
4.2. Invoicing and Payment Terms
All invoices for Products or Services purchased from Durant Tech Services must be paid within 15 days of the completion of the applicable service or the shipping of the purchased Product, whichever is applicable. Invoices not paid within the specified time period may be subject to late fees, interest charges, and other penalties as provided by applicable law and this Agreement.
5. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Barbados, without regard to its conflict of laws principles. Any legal action, suit, or proceeding arising out of or relating to this Agreement or the rights and obligations of the parties hereunder shall be brought exclusively in the courts of Barbados, and each party hereby irrevocably consents to the personal and exclusive jurisdiction and venue of such courts for such purpose.
6. Entire Agreement and Modification
This Agreement constitutes the entire understanding and agreement between you and Durant Tech Services with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to such subject matter. This Agreement may be amended or modified only in writing, executed by the party against whom enforcement of such amendment or modification is sought.
7. Execution
By using or accessing the Website, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, you must immediately discontinue your use of the Website and any services or products obtained through the Website.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date by their duly authorized representatives.
Durant Tech Services: