Terms of Service


Terms of Service for Mini Business Site Package

Thanks for using DigitalSpawn™. These terms of service (“Terms”) cover your use and access to the services, software, platform, products, and websites (collectively, “Services”) provided by Abak Enterprises and any of our affiliates. By using our Services, you agree to be bound by these Terms as well as our Privacy Policy. If you are using our Services as the employee or agent of an organization, you are agreeing to these Terms on behalf of that organization. Before using DigitalSpawn™, you must read and accept these Terms. If you do not agree to these Terms, you are not permitted to use DigitalSpawn™.

The terms “you”, “your” or “user” are synonymous, and refer to the person using DigitalSpawn™ in any way. A “user” is a user from whom Abak Enterprises has received the information necessary to permit such person to use DigitalSpawn™ and who complies with these Terms.

Nature of the Service

The Services are provided as-is with a 100% money back guarantee. Abak Enterprises assumes no responsibility for the future performance of the Services. We also bare no responsibility for the operations of your business. All deliverables are provided on a one time basis.

The core technology used to run the website, outside of hosting, is Open Source and requires no commercial license. All images, graphics, and fonts used will come with an appropriate usage license as well.

All transactions are processed securely through www.paypal.com. PayPal has a buyer protection program. Refunds are issued within 24 hours of request through DigitalSpawn.com. Services that are free upfront and expire after a set period of time will become your responsibility to continue payments after free period expiration.

We do not create content for your websites apart from specific display/presentation graphics not directly related to marketing. For example pages like Services will have text, images, and perhaps video. This specific content must be provided by you, the site owner, and we will organize and layout the content on the pages. Social Media profile photos and cover photos are often covered in our various services, but Posts are not.

You are not required to use or accept services that your business does not need, or already use with 3rd party companies such as hosting, logo, and social profiles. Although you may refuse these services, some service packages will remain unaltered in regards to total billing.
Technical support includes minor content adjustments, minor bug fixes, online business consultation, and marketing consultation. This service does not include custom software development, content development, nor online marketing services.

SEO services cover basic On-Page optimizations for title and meta tags, semantic structure, link profile, search console setup, and more. It does not include keyword density optimization of body content, backlinking or any other off site marketing, nor competitive research.

Our Services often require upfront payments. In these cases, after payment, you will be redirected to our fulfillment page where we will present any free gifts, and gather necessary information about your requirements in order to fulfill the service agreement. If this process fails and you are unable to gain access to the fulfillment page, please contact us directly via email: pro@digitalspawn.com or via phone at 646-979-0291.

Intellectual Property Rights

DigitalSpawn™ is protected by copyright, trade secret, and other intellectual property laws. Abak Enterprises owns the title, copyright, and other intellectual property rights on DigitalSpawn.com and all sub domains.

Abak Enterprises retains all right, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement, you may not, and may not permit others to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services; (ii) sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or (iii) circumvent or disable any security or technological features of our products and services.

The design, text, graphics and selection and arrangement thereof and services and the legal forms, documents, guidance and all other content found on our website (“Service Content”) are copyright © Abak Enterprises. All rights reserved.

DigitalSpawn.com™ is a trademark of Abak Enterprises. These and any other Abak Enterprises product or service names or slogans displayed on Abak Enterprises products are trademarks of Abak Enterprises. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of DigitalSpawn is the service mark, trademark and/or trade dress of Abak Enterprises and you may not copy, imitate or use it, in whole or in part, without our prior written consent. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms or the Services should be understood as in any way granting any license or right to use any of Abak Enterprises trademarks displayed on our website. All goodwill generated from the use of Abak Enterprises trademarks is reserved for the use of Abak Enterprises, exclusively.
Links to Third Party Sites

DigitalSpawn.com may contain links to third party resources and businesses on the Internet, called here “links” or “Linked Sites.” Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. Abak Enterprises does not sponsor and is not legally associated with any third party “linked sites.” Abak Enterprises is not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.

Abak Enterprises does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. Abak Enterprises is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.

If you use any service provided on a Linked Site, (a) Abak Enterprises will not be responsible for any act or omission of the third party, including the third party’s access to or use of your customer data and (b) Abak Enterprises does not warrant or support any service provided by the third party.

Refund Policy

Abak Enterprises aims to provide high quality simi-automated web development services to the public at a very reasonable cost.

Once a person has purchased from us, they are automatically given access to their order confirmation page, links to free offers, and account management section.

While our software and website should enable almost everyone to be able to use our services, Abak Enterprises cannot warrant that any specific customer will be able to use our website. However, Abak Enterprises’s technical support is more than willing to assist you in changing your browser or other system settings so that you are able to use our services. You agree to answer any questions and otherwise assist our technical support team in determining any specific issues. Our technical support team will respond to your requests as soon as possible during our regular business hours.

Abak Enterprises uses best practices, standards, and trusted resources to fulfill its services. Unfortunately this may not be enough to satisfy some customers.

Given the above facts, we have a no questions asked return policy. If you are not satisfied with your website for whatever reason, we will refund the entire amount you were initially billed for the service.

Refund requests must be submitted within 30 days of website launch in order to qualify for a refund.

Disclaimer of Representations and Liability – NO WARRANTIES

Please read this section carefully as it affects your rights

The information, software, products, and services made available through DigitalSpawn™ and Abak Enterprises may include inaccuracies or typographical errors. Information received via DigitalSpawn™ and Abak Enterprises should not be relied upon for personal, legal, or financial decisions. In short, your use of our Services is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, ABAK ENTERPRISES AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY KIND OF WARRANTY. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU ACCEPT FULL RESPONSIBILITY FOR DETERMINING WHETHER THE SITE MATERIAL IS SUITABLE FOR ANY PARTICULAR PURPOSE AND FOR PROTECTING YOURSELF AGAINST ANY POSSIBLE CONSEQUENTIAL DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ABAK ENTERPRISES, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, RELATED TO YOUR USE OF THE SITE, OR INACCESSIBILITY OF THE SITE WHETHER FROM ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE OR ANY OTHER LINKED SITES OR FOR ANY OTHER REASON, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ABAK ENTERPRISES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. USE OF THIS SITE IS AT YOUR OWN RISK.

ABAK ENTERPRISES AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU FOR DIGITALSPAWN™ OR ANY ABAK ENTERPRISES SERVICES, AS APPLICABLE, TO ABAK ENTERPRISES.

ABAK ENTERPRISES DOES NOT REPRESENT OR WARRANT THAT THE SITE, ITS SERVER OR ANY LINKED SITES ARE FREE OF ANY HARMFUL MATERIALS.

WE DO NOT REPRESENT OR GUARANTEE THAT THE INFORMATION ON THE SITE OR ANY SITE LINKED TO THE SITE IS ACCURATE, UP TO DATE, APPROPRIATE FOR YOUR SPECIFIC SITUATION, OR APPROPRIATE FOR YOUR LEGAL JURISDICTION.

ABAK ENTERPRISES WORKS DILIGENTLY TO ENSURE THE ACCURACY OF THE DIGITALSPAWN™ PRODUCT. ABAK ENTERPRISES IS NOT RESPONSIBLE IF YOU ARE PENALIZED IN ANY WAY BECAUSE OF MISSING OR ERRONEOUS INFORMATION IN DIGITALSPAWN™ OR ANY OTHER HARM CAUSED BY YOUR USAGE OF DIGITALSPAWN™.

Consent to Receive Emails

You agree that you may receive communications from Abak Enterprises, such as newsletters and special offers. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of the actual email.

Indemnity and Release

You agree to release, indemnify and hold Abak Enterprises and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Service, your violation of these Terms or your violation of any rights of another.

Use of Corporate Names

Abak Enterprises assumes no liability for the use of any corporate name submitted by a user. The user assumes all responsibility for any risk of confusion with or infringement of the rights of any holders of existing corporate names and trademarks. The user is responsible for ensuring the use of any corporate name submitted by them is done so in compliance with the appropriate laws and regulations.

Entire Agreement

These Terms constitute the entire agreement between you and Abak Enterprises with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms.

Governing Law

The Terms are governed by the laws of the state of New York.

Waiver, Severability and Assignment

Abak Enterprises’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Abak Enterprises may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.