Terms and Conditions
This page explains our terms of service, which contain important information about your legal rights. When you use Velocity Tool or our services, you’re agreeing to these terms. By using Velocity Tool, you are consenting to be bound by the terms of these policies and procedures. Please note that our policies and procedures can be changed or updated at any time without prior notice to you.
General
Changes & Updates
Velocity Tool reserves the right to change, suspend or terminate any of its functions (or any features thereof, or prices applicable thereto), and/or cancel your access to Velocity Tool (including removal of any materials created by you in connection with Velocity Tool Services) for any reason and/or change any of the Velocity Tool Terms with or without prior notice – at any time and in any manner.
You agree that Velocity Tool will not be liable to you or to any third party for any modification, suspension, or discontinuance of those Velocity Tool Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your Organizations Account or User Account or continue to support your then-current Velocity Tool Services without enabling such changes, or provide you with alternative Services.
Governing Law & Jurisdiction; Class Action Waiver
The Velocity Tool Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Velocity Tool Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Velocity Tool Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the EU, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Greece, EU.
Notices
We may provide you with notices in any of the following methods: (1) via the Velocity Tool Services, including by a banner or pop-up within the Velocity Tool Website, Organization Account or User Account, or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us Velocity Tool’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice.
Relationship
The Velocity Tool Terms, and your use of the Velocity Tool Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Velocity Tool and you.
Entire Agreement
These Terms of Use, together with the Velocity Tool Terms and any other legal or fee notices provided to you by Velocity Tool, shall constitute the entire agreement between you and Velocity Tool concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Velocity Tool and you, including those made by or between any of our respective representatives, with respect to any of the Velocity Tool Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure, or duty of disclosure of Velocity Tool in entering into any of the Velocity Tool Terms.
Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, Velocity Tool, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Velocity Tool Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Velocity Tool Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Velocity Tool Services; (6) events beyond the reasonable control of Velocity Tool, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Velocity Tool Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Velocity Tool’s services to you, and such limitations will apply even if Velocity Tool has been advised of the possibility of such liabilities.
Indemnity
We provide the Velocity Tool Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Velocity Tool Services (or any part, feature, or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product, or service (including any Third Party Services) mentioned on or made available via the Velocity Tool Services – so please be sure to verify those before using or otherwise engaging them.
Velocity Tool may, at its sole discretion (however it shall have no obligation to do so), screen, monitor, and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may Velocity Tool be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Velocity Tool Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Velocity Tool shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the Velocity Tool Services and/or connecting and/or dealing with any Third Party Services through or in connection with Velocity Tool Services, and that Velocity Tool cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
Velocity Tool does not recommend the use of the Velocity Tool Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain Velocity Tool Services are currently offered in their BETA version and undergoing BETA testing. You understand and agree that certain Velocity Tool Services may still contain software bugs, suffer disruptions, and not operate as intended or designated. Your use of the Velocity Tool Services at this BETA stage signifies your agreement to participate in such Velocity Tool Services’ BETA testing.
Content & Ownership
Your User Content Stays Yours
As between Velocity Tool and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text, and literary works. Velocity Tool does not claim ownership rights on your content. For the sole purpose of granting you the service, you know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
Velocity Tool Intellectual Property
All rights, title and interest in and to the Velocity Tool Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Velocity Tool Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Velocity Tool.
Confidentiality
Velocity Tool hereby acknowledges they may be involved in or become aware of information that relates to a client on a personal level including information related to the client’s past, future, present, customer names, marketing plans, project information, and financial documents. Velocity Tool agrees to protect all the above information and keep any information obtained confidential. However, Velocity Tool will be permitted to display final work on their website or in promotional materials (i.e. social media) once the client reveals it to the public.
Priority Project & Communication
After one month of the project starting, If Velocity Tool has not heard from the client via phone, email, or live chat, they understand that their project will get paused and others will get prioritized above it. The client also understands that they will be charged a €150 fee on top of the cost to reinstate their project If they come back after a 6 month period.
What You Provide to Us
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials uploaded, posted, or stored in connection with your use of the Services (“Content”). Velocity Tool is not responsible for your Content. You hereby grant Velocity Tool a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Content regularly and frequently.
Your License To Us
When you provide User Content via the Services, you grant Velocity Tool (including our third-party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services. This Section does not affect any rights you may have under applicable data protection laws.
Fees
Payments & Prices
A non-refundable deposit of 100% of the service price will be due to Velocity Tool prior to the start of any work; this payment can be made by the invoice sent to your email. If you make a non-refundable partial payment, you will incur a €20 separation fee.
Partial Payments
The non-refundable 50% deposit will be honored and subtracted from the total amount after the project is finalized. The final bill is always due immediately after you approve of the work and before you are given the login or deliverables. Final work and information will be emailed to the client once payment is received. If Velocity Tool receives final payment from the client more than 7 days after the invoice date, Velocity Tool may impose a late fee of €50.00. If no payment is made after 60 days, Velocity Tool may impose a late fee of €100.00. If no payment is made after 90 days, Velocity Tool may impose a late fee of €200.00.
Paid Services
The use of certain Velocity Tool Services may be subject to payment of particular fees, as determined by Velocity Tool in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Velocity Tool will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
Velocity Tool reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Velocity Tool shall have the right to automatically and without notice renew your subscription to such Velocity Tool Service(s) at the full applicable Fee.
All Fees shall be deemed to be in Euro, except as specifically stated otherwise in writing by Velocity Tool. To the extent permitted by law (and unless specified otherwise by Velocity Tool in writing), all Fees are exclusive of all taxes (including value-added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable taxes relating to your use of the Velocity Tool Services, or to any payments or purchases made by you. If Velocity Tool is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). Velocity Tool is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize Velocity Tool (either directly or through its affiliates, subsidiaries, or other third parties) to request and collect payment and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Velocity Tool or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
Invoices
Velocity Tool will issue an invoice or credit memo for any payment of Fees or refund made to or by Velocity Tool (“Invoice”). Each Invoice will be issued in electronic form through vivawallet and based on the country stated in your billing address and will be made available to you via your Client Portal and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your Client Portal may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.
Subscription Auto-Renewals
In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, Velocity Tool will attempt to automatically charge you the applicable Fees using the Stored Card, on the day of your renewal period. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel your Client Portal and service, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, Velocity Tool will endeavor to provide you notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.
By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.
You may turn off the auto-renewal option for Renewing Paid Services at any time via the Invoice section of your Client Portal or by visiting the help section in your Client Portal.
Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Velocity Tool Services you use (whether or not such Velocity Tool Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Velocity Tool Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Velocity Tool Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Velocity Tool in relation to the discontinuation of any Velocity Tool Services or Third Party Services, for whatever reason.
Payment Methods
vivawallet is a simple, convenient way to make payments online and allows you to use your credit card. You do not need an account to make payments with credit, debit, apple pay, or google pay cards.
Chargebacks
We will ask the client for credit card payment info so that we can charge the client’s card for services provided or we will send an invoice so that you can pay from your end. Claiming that you didn’t provide your card info or that you are not aware of such charges is illegal and fraudulent.
If we receive a chargeback or payment dispute (i.e. PayPal Dispute) from a credit card company or bank, your service and/or project will be suspended without notice. A €50 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, please contact us to address any billing issues. Requesting a chargeback or opening a PayPal dispute for a valid charge from us is a fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment.
Cancellation
Cancellation by User
You may discontinue to use and request to cancel your User Account and/or any Velocity Tool Services at any time, in accordance with the instructions available on the Velocity Tool Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Velocity Tool Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.
For more information about canceling your Paid Services, please visit Help Center.
Cancellation by Velocity Tool
Failure to comply with any of the Velocity Tool Terms and/or to pay any due Fee shall entitle Velocity Tool to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Velocity Tool Services (e.g., Paid Services) or Third Party Services to you.
Loss of Data, Content, & Capacity
If your User Account or any Velocity Tool Services or Third Party Services relating to your User Account are canceled (whether at your request or at Velocity Tool’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User Data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Velocity Tool shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content, or End User data. Please also note that additional Fees may apply to the re-activation of a User Account and/or any Velocity Tool Services following their cancellation, as determined by Velocity Tool in its sole discretion.
Overdue Balance
If you cancel your monthly subscription with an overdue balance, you must pay the overdue balance before receiving the connected domain If purchased by us. You may not get any work done until the overdue balance is paid in full.
After two weeks from the due date of a balance, you will get an email notification of your website or plan being suspended. After a month from the due date of a balance, you will get an email notification that your website or service will be terminated and deleted from the server within 24 hours If no response is given or payment is made.
General Refund Policy Guidelines
How Refunds Are Processed
If you have paid using your credit card – the money will be transferred back to your credit card account within 30 business days after approval. All refunds are processed through vivawallet.