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Terms and Conditions

We are a WordPress Theme & Plugin company, which means we build web software that people (our “Clients”) can use to power their websites or their client’s websites (our “Service”). People who run their websites on WordPress, or web development agencies that build websites for their clients on WordPress, can purchase our Themes & Plugins to assist them in the creation of those websites. Our Themes are pre-made templates that change how the website looks, while the plugins add functionality. Clients in turn make their websites available to their customers (“End Users”).

Extend Studio SRL (“Kubio”, “we” or “us”) offers various services to you, our Client, and your End Users, through our website (www.kubiobuilder.com), all of which are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your use of the Service and/or your registration with us constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these Terms of Service on a regular basis. These Terms of Service apply to all visitors and all who access our website or Service.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

We respect the privacy and security of our Users. You understand that by using our Service, you give consent to the collection, use, and disclosure of your personally identifiable information as well as any non-personally identifiable information, as described in more detail in our  PRIVACY POLICY .

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you represent that you are over the age of 13, as this Service is not intended for children under 13. If you are under 13 years of age, then please do not use Kubio or our Service.

At our discretion, we may maintain different accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service and that you agree to these Terms on the entity’s behalf. By connecting to Kubio with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that third-party service, and to store your log-in credentials for that third-party service. The Service is not available to any User who has been removed from the Service by Kubio.

1. Services

Kubio is a WordPress and WooCommerce plugin and theme development company focused on creating super-user-friendly, WordPress and WooCommerce plugins, and drag&drop WordPress and WooCommerce themes. Our themes and plugins are sold as a digital download through our website. You may also receive support through our website via email or our support forums. By using our Service, you’ll be able to design your website at the fraction of the cost of hiring a web designer.

2. Registration

By registering and participating in this Service as a Client, you agree and represent as follows:

You are of legal age and are otherwise capable of forming a legally binding contract;

All information you submit to Kubio or in connection with our Service is accurate and complete and that you will maintain and promptly update any profile supplied to us to ensure accuracy at all times;

You agree to be contacted via Email, SMS and text messaging by Kubio, and third parties if relevant, regarding Kubio’s services;

You hereby grant Kubio permission to email or display your profile and such other information as may be supplied by you to us on or from our website as we shall deem advisable in our sole determination in connection with the Service or for marketing purposes thereof;

By using the Service, you are granting us permission to access your account and those messages, data, information, text, graphics, audio, video or other material posted/uploaded/transmitted to or through the Service using your account, solely in connection with the provision of Services.

Our WordPress themes and plugins are released under the GNU Public License version 2.0.

You may visit our Site without registering. However, in order to buy any of our themes or products, you will be required to register for an account. When creating an account we will collect your name, address, country of origin, and email. If you decide to purchase any of our products, you will also be required to submit your PayPal or credit card information to our third-party payment processors. We may also ask you for additional information if necessary.

Responsibility For User Content

Kubio respects the rights of third-party creators and content owners and expects that you will do the same. Given the nature of the Service and the volume of information submitted, we cannot and do not monitor all of the Materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any Materials posted via the website.

You expressly agree that we:

(a) will not be liable for Materials and

(b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you.

We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or our Acceptable Use Policy below. When viewing the theme demos at https://www.kubiobuilder.com, you will see several photographic images used. These photos serve as example images only and are not included in the membership. Our themes and plugins do not come packaged with any copyrighted photography. The photos used in the demos are purely for demonstration purposes, and are used to give the visitor a functional preview of what the theme will look like once content has been added. You are responsible for adding your own thumbnail images.

It is the policy of Kubio to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws.

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent.

Notification must be submitted to the following Designated Agent for this website:

Extend Studio SRL

Attention: Legal Department14 Petre Marinescu Street, District 5Bucuresti, 051804, Romania, VAT no: RO17752490, Email: [email protected].

To be effective, the notification must be a written communication that includes the following:

Acceptable Use Policy

The following is a partial list of the kinds of activities that are prohibited on or through the Service:

(a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(b) engaging in activities or submitting Materials that could be harmful to minors;

(c) engaging in activity or submitting Materials that harasses or advocates harassment of another person;

(d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, “User Data”) without their consent;

(e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(f) submitting Materials that contain restricted or password-only access pages, or hidden pages or images;

(g) submitting Materials that displays pornographic or sexually explicit material of any kind;

(h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware,

(j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users;

(k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes;

(l) using any robot, spider, other automatic devices, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Kubio website or for any other unauthorized purpose without our prior written consent;

(m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service;

(n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or

(o) taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of our Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service in violation of the law or these Terms of Service.

Forums

The Service may offer forums, blogs, comments areas, bulletin boards and chat rooms (collectively, “Forums”) that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. Kubio does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold Kubio responsible for any third party’s use of information contained in such posting. To maintain a positive, creative environment in which Users may share and display Materials, we ask that you only use the Service in a manner that is consistent with our Acceptable Use Policy.

You agree not to use user names or Forum titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or the title of your Forum at any time and for any reason in our sole discretion.

Use of Third Party Services

As a part of our Service, we may offer links to websites operated by various third parties and are not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. Kubio does not operate or control in any way any information, software, products or services available on such web sites. Our inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Representations and Warranties and Indemnification

(a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service,

(b) the Materials are accurate, current and complete,

(c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other third party rights, including, without limitation, any rights of privacy or publicity or any contractual rights,

(d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person;

(e) your use of the Service shall not violate any agreements between you and a third party.

You agree to indemnify, defend and hold harmless Kubio, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to:

(a) the Materials you provide or approve for publication,

(b) your use of the Service,

(c) your breach of these Terms of Service, or

(d) any actual, prospective, completed or terminated service between you and a third party.

Disclaimers and Limitations

Kubio intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, Kubio may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” KUBIO AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF Kubio’s SERVICE IS AT YOUR OWN RISK. KUBIO AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF Kubio’s WEBSITE OR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH Kubio, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Kubio AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY

IN NO EVENT SHALL KUBIO OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

KUBIO’s LIABILITY, AND THE LIABILITY OF KUBIO’s SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $500.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN Kubio AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

Errors and Delays

Kubio is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or any other technical problems.

Subscriptions and Payment

After browsing our website you may be interested in purchasing some of our Kubio products. You will be required to submit payment information to do so. To process our payments we use Fastspring. You must agree with their terms and conditions before paying for any of our products.

Upon receipt of your order, you will either be prompted to begin your download immediately or you will receive an e-mail from us with instructions to complete your download. If you are prompted to begin your download immediately, your completion of the download will constitute delivery to you of the item(s) you purchased. If you receive an e-mail from us with instructions to complete your download, the receipt by you of the e-mail will constitute delivery by us to you of the item(s) you purchased. In case you are unable to download the item(s) you purchase or you do not receive an e-mail from us with instructions to complete your download, you must contact us within 5 days from the date of your order. If you do not contact us within 5 days from the date of your order, the item(s) you purchased will be considered received, downloaded, and delivered to you.

Refund Policy: We offer refunds to any unsatisfied customer up to fourteen (14) days after the purchase was made. If you would like your money back, simply send us an email at [email protected] with a description of your problem and request for a refund.

Taxes: You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us, you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.

Termination

Kubio reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from Kubio at any time by delivering a written notice addressed to [email protected]. You shall be responsible for ensuring delivery of the notice to Kubio. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the Kubio emails.

Kubio reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. Kubio shall have no liability to you or any third party should Kubio modify or discontinue any service or an aspect thereof.

Dispute Resolution

Any claim or controversy arising out of or relating to the use of Kubio’s Service, to the goods or services provided by Kubio, or to any acts or omissions for which you may contend Kubio is liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in Bucharest, Romania, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the Commercial Arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of Romania, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Romania. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND KUBIO WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND KUBIO ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Kubio otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

General

You agree that: (i) the Service shall be deemed solely based in Romania; and (ii) this Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over Kubio, either specific or general, in jurisdictions other than Romania. These Terms of Service shall be governed by the internal substantive laws of the Romania, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in Romania, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above. These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and us concerning this Service and supersedes any prior written or oral representations. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND KUBIO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms of Service may not be transferred or assigned by you, but may be assigned by Kubio without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to Kubio.

All contents of the Service are copyrighted © 20 Extend Studio SRL. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Kubio. Other product and company names may be trademarks or service marks of their respective owners. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.

Terms and Conditions for Build My Website (Powered by Kubio)

We are a WordPress Theme & Plugin company, which means we build web software that people (our “Clients”) can use to power their websites or their client’s websites (our “Service”). People who run their websites on WordPress, or web development agencies that build websites for their clients on WordPress, can purchase our Themes & Plugins to assist them in the creation of those websites. Our Themes are pre-made templates that change how the website looks, while the plugins add functionality. Clients in turn make their websites available to their customers (“End Users”).

Extend Studio SRL (“Kubio”, “we” or “us”) offers various services to you, our Client, and your End Users, through our website (www.kubiobuilder.com), all of which are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your use of the Service and/or your registration with us constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these Terms of Service on a regular basis. These Terms of Service apply to all visitors and all who access our website or Service.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

We respect the privacy and security of our Users. You understand that by using our Service, you give consent to the collection, use, and disclosure of your personally identifiable information as well as any non-personally identifiable information, as described in more detail in our Privacy Policy.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you represent that you are over the age of 13, as this Service is not intended for children under 13. If you are under 13 years of age, then please do not use Kubio or our Service.

At our discretion, we may maintain different accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service and that you agree to these Terms on the entity’s behalf. By connecting to Kubio with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that third-party service, and to store your log-in credentials for that third-party service. The Service is not available to any User who has been removed from the Service by Kubio.

1. Service Overview

Our “Build My Website” service offers professional website development made to meet your specific needs. We provide three distinct plans—Start, Boost, and Expert—each with a range of features, customization options, and support.

Approach:

2. Onboarding Process

The onboarding process at Extend Studio SRL (“Kubio”) is designed to guide clients smoothly from the initial consultation to the final delivery of their website.

Steps in the Onboarding Process:

  1. Initial Inquiry:
    • Clients begin by selecting a service plan directly from our website, which includes completing a design brief to capture essential project details.
  2. Brief Completion:
    • Upon selecting a plan, clients are guided to complete a design brief. This brief collects key information such as minimal contact details (first name, last name, and email), website language, industry, and whether they already have an existing website.
    • Additionally, clients are asked about their primary goals for the website, preferred template style, and any specific sections they would like to include.
  3. Plan Selection:
    • Based on the completed design brief, clients choose from one of our service packages: Start, Boost, or Expert, created to their specific project needs.
    • Each package provides distinct levels of design and development support aligned with client objectives.
  4. Billing Information:
    • After finalizing the design brief and selecting the appropriate package, clients receive an email requesting billing details.
    • Following this, clients are provided with a detailed quote to review and approve before proceeding with payment.
  5. Payment
    • Upon approval of the quote, clients are required to make a 50% + VAT upfront payment.
    • The remaining 50% + VAT is due upon project completion.
  6. Project Kickoff:
    • Once 1st payment is received, the project officially begins.
    • Clients receive regular updates on milestones, progress, and revisions throughout the development process.
  7. Completion & Handoff:
    • To proceed with revisions, the second payment (50% + VAT) must be completed. Once revisions are finalized, the project is marked as complete, and all deliverables are handed over.
    • After completing the project, clients receive their finalized website along with any necessary documentation.
  8. Support
    • Post-launch support is available for clients, including troubleshooting and assistance with website functionality if needed.

3. Plans

At Extend Studio SRL (“Kubio”), we offer custom service plans designed to meet the unique needs of each client. Each plan is structured to provide a specific level of design, development, and support, ensuring a fluid process from project initiation to completion.


Available Plans:

  1. Start Plan
    • Description: Ideal for clients seeking a simple, one-page website or small project with essential design and functionality.
    • Scope:
      • One-page website design.
      • Includes basic design elements such as layout adjustments, font, and color selection.
      • Minor content edits and adjustments.
    • Deliverables:
      • Customized single-page design.
      • 1 revision round for visual and minor content changes.
      • Priority email support during and after the project.
  2. Boost Plan
    • Description: Designed for small to medium-sized websites or projects requiring a few pages with more flexibility in design and content.
    • Scope:
      • Up to 4-page website design.
      • Layout, typography, and color customizations.
      • Moderate content revisions and adjustments based on initial feedback.
      • Includes a contact form integration.
    • Deliverables:
      • Custom 4-page website design.
      • 3 revision rounds for design improvements and content changes.
      • Priority email support during and after the project.
  3. Expert Plan
    • Description: Perfect for larger websites or complex projects with extensive design and functionality requirements.
    • Scope:
      • 7-page website design with advanced features and custom design.
      • Extended 3rd party plugin integration 
      • Full design flexibility with up to 5 revision rounds for significant refinements.
    • Deliverables:
      • Comprehensive custom 7-page website.
      • 5 revision rounds for detailed design and content changes.
      • Priority email support during and after the project.

Each plan is designed to offer a structured approach to website creation while accommodating different levels of complexity, ensuring client satisfaction at every stage of the project.

4. Payments

Initial Payment:

Final Payment:

Payment Process:

Prices:

Additional Fees:

5. Service Features

Each plan includes the following key features:

Additional features and customization options can be added at an hourly rate of $50 per hour, such as:

6. Custom Work

For custom features or plugin integrations beyond the initial scope of your chosen plan, such as advanced forms, animations, or third-party integrations, a rate of $50/hour will be applied. All custom work must be communicated and approved by the client prior to execution.

7. Revisions

Definition of Revision

A revision is any requested change or adjustment to the website’s design, content, or functionality based on the client’s feedback during the project. Revisions are meant to fine-tune the website to better align with the client’s vision while staying within the original project scope defined in the design brief.

*Revisions are limited to adjustments within the original project scope. Major scope changes may require an additional service fee.

1. Revision Limits per Package

2. Scope of Revisions

Revisions are limited to adjustments within the original project scope. Major scope changes may require an additional service fee.

2.1. Covered Revisions

The following are examples of revisions that are covered as part of the included rounds specified by the selected plan:

  1. Design Adjustments:
    • Modifying the placement or alignment of elements (e.g., buttons, text blocks, or images).
    • Adjusting the website’s color scheme or typography to refine the look and feel.
    • Minor layout changes within existing sections (e.g., repositioning a gallery or resizing images).
  2. Content Edits:
    • Updating or replacing individual pieces of text or images provided by the client.
    • Correcting typos, grammatical errors, or broken links in the provided content.
    • Small edits to calls-to-action, headlines, or section titles.
  3. Template Refinements:
    • Minor tweaks to the selected template to better match the client’s preferences (e.g., adjusting header size or footer layout).
  4. Usability Adjustments:
    • Fixing navigation links or buttons that may not work as intended.
    • Ensuring responsive design elements function properly across devices.

2.2. Non-Covered Revisions

The following examples fall outside the scope of covered revisions and will incur additional fees if requested:

  1. Major Scope Changes:
    • Complete redesign of the landing page or the website.
    • Adding entirely new pages or sections not included in the original design brief.
    • Replacing the chosen template with a completely different one.
    • Requesting custom features or functionality (e.g., advanced forms, integrations, or animations) beyond the agreed scope.
  2. Content Overhaul:
    • Significant changes to large blocks of text, requiring extensive rewrites or reformatting.
    • Bulk replacement of images, videos, or downloadable files after the initial submission.
  3. Post-Approval Changes:
    • Reworking approved layouts or designs due to new feedback or a change in direction.
    • Revisions requested after the revision rounds included in the selected plan have been completed.
  4. Third-Party Integration Requests:
    • Adding new third-party plugins, tools, or integrations not outlined in the original brief.
    • Modifying existing integrations beyond the standard setup provided.
  5. Custom Code or Development:
    • Writing custom code or creating bespoke features not included in the original scope of work.

2.3. Additional Revisions

3. Revision Request Process

4. Out-of-Scope Revision Fees

8. Maintenance & Support

9. Multi-language Assistance

Multi-language integration is available for a fee of $50/hour, applicable to the Start plan only. For the Boost and Expert plans, multi-language assistance is included in the plan at no additional cost.

10. Intellectual Property

11. Limitation of Liability

General Limitation

To the fullest extent permitted by applicable law, Extend Studio SRL (“Kubio”) and its affiliates, employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

This applies regardless of whether such damages arise from contract, tort (including negligence), warranty, or any other legal theory.

Service-Specific Liability

While Kubio takes every reasonable measure to ensure the quality and functionality of our themes, plugins, and custom designs, we cannot guarantee:

Custom Design Projects

Kubio is not liable for modifications or changes made by the client or third parties after the final delivery of the project. This includes but is not limited to code edits, plugin updates, or changes to hosting environments.
Clients are encouraged to thoroughly test their website during the agreed-upon revision period. Once revisions are completed and the project is finalized, Kubio bears no responsibility for subsequent issues unless explicitly stated in a separate maintenance agreement.

Force Majeure

Kubio is not liable for delays or failures in performance caused by circumstances beyond our reasonable control, including but not limited to:

Total Liability Cap

In no event shall Kubio’s total liability exceed the amount paid by the client for the specific service or product giving rise to the claim.

Client Responsibilities

Clients are responsible for:

Third-Party Hosting or Services

Kubio is not liable for issues or damages arising from hosting providers or third-party services (e.g., SiteGround, payment gateways). Clients are responsible for complying with the terms and conditions of those services.

12. Termination

In the event that a project needs to be terminated before completion, the following terms apply:

Termination by Client:

Clients may terminate the project at any time by providing written notice via email to Kubio. The following conditions apply:

  1. Before the Design Process Begins:
    • If the termination request is made before Kubio starts the design process, only the 50% upfront payment + VAT is refundable.
  2. After the Design Process Has Begun:
    • If the design process has already started, the upfront payment is non-refundable, as it covers the initial work, resources, and time invested in the project.
  3. After the Project Is Finalized:
    • Termination requests after project completion are not eligible for refunds.
  4. Access to the Website:
    • If the client fails to make the second payment as per the agreed schedule, they will not receive access to the final website. In such cases, no refunds will be issued for the upfront payment.

Termination by Kubio:

Access to Work:

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