Terms and conditions

• Company definition

The following terms and conditions apply to all website development – Webdesign – Graphic design- IT services – Web Hostign – Domain name – Computer Software’s – Network – IT materials etc ,provided by BELGUO to the Client B2B or B2C.

• Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

• Estimates

BELGUO may provide Clients with initial estimates, otherwise referred to as quotations, for projects on request. The final project value may vary from the initial quotation if additions are requested to the original scope of work.

BELGUO will provide quotations in writing by email to Clients, which will include a hyperlink to these Terms and Conditions. Acceptance by a Client of a BELGUO estimate is subject to acceptance of the terms and conditions unless specifically agreed in writing between the Client and BELGUO to the contrary.

• Website Design

Source code of all websites web pages and All scripts, CSS  , Stored procedures of functions and triggers programmed into SQL Databases ,  cgi applications, php scripts , graphics  , remains the intellectual property of BELGUO or their respective copyright holders ,until such time as payment is made in full by the client and may not be copied and used by any other party without the consent of BELGUO.

All Client logo images, images unique to the Client, of their premises, workforce and their business, plus all written copy, belong to the Client and are covered under their copyright. BELGUO will not reuse Client written content or images without the express permission of the Client.

BELGUO cannot take responsibility for any copyright infringements caused by materials submitted by the client or otherwise. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

BELGUO can’t be responsible for any websites that have stopped working or have become faulty over time due to the website becoming “outdated”. Outdated websites can be affected due to many aspects, such as new browser software, outdated web code, etc. BELGUO cannot be expected to keep your website updated in every aspect without being compensated to do so. In this situation the Client may opt to have their website redeveloped or select one of our subscription based website packages where BELGUO is responsible for updating this on your website at all times.

The Client and the Company acknowledge and agree that the Specifications and all other documents and information related to the development of the BELGUO Campaign (the “Confidential Information”) will constitute valuable trade secrets of the Company. The Client shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without the Company’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.

• Urgent Work

Should you need the work completed urgently by a deadline that allows less time than we would normally require for that particular amend, we normally charge an extra % additional fee for the work.

Website inside 1 week guaranteed from when we receive all the content – The price of the website + 50% (If a website costs €599 (discounted), then you would pay €898.50)

Website inside 2 weeks guaranteed from when we receive all the content – The price of the website + 25%  (If a website costs €599 (discounted), then you would pay €748.75)

• New Websites, Or A Redesign Of Web development

Currently a website project is normally expected to be completed within 20 to 40 working days.

CMS websites require updates to plugins and themes. If the client has not opted for monthly maintenance, such updates and the cost thereof, remain the responsibility of the client. However, plugins and themes may be quoted for separately if required.

Additional pages, images and revisions on projects above the scope of work agreed above will attract additional charges.

All website content needs to be provided by the client within 2 weeks of payment of a deposit to commence a project. Should the client delay issuing BELGUO the content required for the project, BELGUO reserves the right to renegotiate the cost of the project as well as the expected completion date. In such instances, BELGUO will request any outstanding payments to be settled before the continuation of the project.

• Order cancellation (Web design)

The cancellation of an order by the customer is possible as long as BELGUO has not yet commenced its work and subject to payment of a compensation of 25% of the agreed price, with a minimum of EUR 500.

Cancellation of any products or services may be made at any time by providing BELGUO with a cancellation request 1 calendar month in advance, in writing.

In the event of cancellation of the agreement prior to the completion of the cancellation period, BELGUO reserves the right to pursue any of the following: (1) remove equipment, software, services or resources owned by the Company, (2) bring legal action against the Client for contractual breach or (3) remove any created websites, graphics, content, links, advertising and accounts.

• Payment terms (Web design)

Unless expressly stated otherwise in writing in the agreement, the customer must pay an advance of 60% of the invoice amount with each order. Upon delivery of the order, the customer owes 30% of the invoice amount. The remaining 10% is payable at the end of the support period (stated in the offer – standard 1 month).

All invoices are payable on their due date by transfer to the account number of BELGUO (mentioned on all invoices, quotes and website).

If the customer does not pay within 8 days after receiving a reminder, the customer owes BELGUO a negligence interest of 20% per year and a lump sum compensation of 15% of the invoice amount with a minimum of 100.00 EUR, from the date of reminder until full payment.

BELGUO has the right to close the site and advertise on the site directly, (closed due to non-payment of debts), BELGUO has no responsibility for the closure of the customer site (such as publicity, business interruption, defamation, etc.)

BELGUO reserves the right to suspend the further execution of its obligations until the customer has paid the due Monthly or retainer invoices. Any delay in payment by the customer makes all sums owed payable in one lump sum. All permitted discounts will also lapse if you do not respect these general terms and conditions of sale.

BELGUO reserves the right to increase their pricing in line with the official annual rate each year.

• Project Terms

Unless expressly agreed in writing to the contrary BELGUO will not accept liability to the Client for unforeseen delays in completing a project.

In the event that there is a delay in the completion of a project, BELGUO will communicate such delays to the Client in writing via email.

All website or online marketing tactic setup content needs to be provided by the client within 2 weeks of a deposit being paid to commence a project.

All Graphic design content needs to be provided within 1 week of a deposit being paid to commence a project.

The client is required to provide BELGUO with all the content required for a project within the period detailed above. Should the client delay issuing BELGUO with the content required for the project, BELGUO reserves the right to renegotiate the cost of the project as well as the expected completion date. In such instances, BELGUO will request any outstanding payments to be settled before the continuation of the project.

• Maintenance and support

Fixes for newly built websites need to be identified within a 14 day period from going live. If fixes are identified after this period and the client is not on a Maintenance agreement then a quotation will be issued to commence such fixes.

BELGUO cannot future proof its services or products. Once a client has signed off on a project the responsibility to maintain and update plugins and Themes used on the website becomes the client’s responsibility unless a maintenance agreement has been signed with BELGUO which covers such incidents.

Maintenance does not mean “eyes on the website” all the time and issues on the website still need to be reported to BELGUO’s account manager.

Development faults with plugins or themes used on a website built by BELGUO are not covered by a maintenance agreement and will be quoted for separately as in most cases the original software developer will need to be involved.

• Third party services

BELGUO will offer to Clients’ third party services such as those offered by Google to enhance the performance of their websites. BELGUO may include in quotations the setup and maintenance of such third party services. BELGUO will not be liable to the Client for any interruption, non-performance, or cancellation of the provision by third parties of any such services.

• GENERAL SERVICE DISCLAIMERS

The Client acknowledges the following with respect to services:

BELGUO accepts no responsibility for policies of Google, third-party search engines, directories or other websites (“Third-Party Resources”) that the Client may submit to with respect to the classification or type of content it accepts, whether now or in the future. The Client’s web site or content may be excluded or banned from any Third-Party Resource at any time and the Client agrees not to hold BELGUO responsible for any liability or actions taken by Third-Party Resources under this Agreement.

The Client furthermore acknowledges that the nature of many of the resources the BELGUO may employ under this Agreement are competitive, therefore BELGUO does not guarantee top rankings, consistent positioning or specific performance of any strategies employed and the Client accepts that the BELGUO past performance is not indicative of any future results the Client may experience.

The Client recognizes that SEO and submissions to search engines and directories can take an indefinite amount of time for acceptance or inclusion and that internet advertising may be subject to the individual advertising network’s policies and procedures.

The Client accepts that Google Adwords, search engines, directories or other resources may block, prevent or otherwise stop accepting submissions for an indefinite period of time.

The Client acknowledges that search engines may drop listings from its database for no apparent or predictable reason. The Company shall re-submit resources to the search engine based on the current policies of the search engine in question.

BELGUO will endeavor to make every effort to keep the Client informed of any changes that BELGUO is made aware of that impact any of the campaigns and strategies and the execution thereof under this Agreement. The Client also acknowledges that BELGUO may not become aware of changes to third-party resources, industry changes or any other changes that may or may not affect campaigns or services.

BELGUO, for the duration of this agreement, may develop design strategies and codes, which, in BELGUO’s opinion improve the Client’s website. BELGUO and the Client will review these suggestions together and once mutual agreement is reached activate these changes. If the Client decides to make any material changes to the website, the Client will consult with BELGUO prior to implementing these changes, to make sure that they do not conflict with BELGUO marketing strategy.

Third-Party Resources, particularly Facebook, change their layout and can very often affect any business page installations and applications. The Company will not be held liable for these changes and, should work need to be done to rectify, then a new “quote” would need to be drawn up.

BELGUO and its subcontractors retain the right to display all designs as examples of their work in their respective portfolios.

• Breach

In the event that the Client does not pay an invoice within the time frame allocated in the invoice, then BELGUO has the right to suspend all further works for that Client until such time as payment is made in full.

In the event that the Client becomes insolvent or goes into liquidation BELGUO have the right to immediately terminate their contract with the Client and invoice for the full value of project works carried out to that date, plus suspend any email or hosting services.

In the event that a Client delays the progress of a project with BELGUO then BELGUO will be entitled to give 14 days written notice to the Client. If the Client does not satisfactorily remedy the cause(s) of the delay, within the 14 day notice period, then BELGUO will have the right to terminate the service. BELGUO will invoice the Client for the full value of works carried out to-date.

In the event the Client fails to make any of the payments referenced in deadline set forth, BELGUO has the right, but is not obliged, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) remove equipment, software, services or resources owned by the Company or (3) bring legal

• What Can Be Expected from BELGUO

We aim to achieve the highest level of client satisfaction and for our clients to have absolute faith in our standard of work and the professional manner in which we conduct business.

We will be friendly, courteous and helpful when contacted

make every effort to explain things clearly and in terms you can understand, keeping jargon to a minimum

agree with you the type of service you can expect to receive

respond to your phone calls, emails and letters in a timely manner

treat all clients fairly

confidentiality

• What We Expect Of Our Clients ,We expect you to:

provide any information that has been requested within agreed timescales

pay all invoices within the payment terms defined in our agreement

let us know in advance if you are unable to do this, or if your circumstances change

• Improving Our Services

We are keen to improve our high level of Client service and welcome any comments that you have, either complimentary or critical. If a project has not met its targets we would appreciate your feedback about what we can do to avoid the situation in future. We want our clients to be 100% happy with the service they receive.

• Services

BELGUO.com offers Subscribers domain name registration, BELGUO hosting, and email hosting services for the duration of the service term purchased from BELGUO.com.

Services are provided on the basis of facility and equipment availability. BELGUO.com reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Access to the web and email servers is terminated upon expiry of the Service.

Details regarding your account can be found in your account control panel

• Web Hosting

All BELGUO.com web hosting accounts will display a “Coming Soon” web page by default when activated. This page informs visitors that the Subscriber has recently setup their account with BELGUO.com. The “Coming Soon” default index web page may be removed by the Subscriber at any time once they have access to the web server. The “Coming Soon” web page may include, but without limitation to, the following:

1. Links to additional products and services offered by BELGUO.com.
2. Advertisements for products and services offered by third-parties.

• An internet search engine interface.

All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default BELGUO.com error page. This error page informs visitors that the web page they are looking for cannot be found, and may include, but without limitation to, the following:

1. Links to additional products and services offered by BELGUO.com.
2. Advertisements for products and services offered by third-parties.
3. An internet search engine interface.

At its sole discretion, BELGUO.com may place advertisements or other commercial content on your BELGUO, emails or anywhere it deems fit.

Depending on which hosting plan you choose, you may request to change the billing term of your hosting service through your account control panel. In such cases, the expiry date of your hosting service will be adjusted according to the billing term that you have requested. Any optional features for your hosting plan will be billed according to the term that you have requested.

If your hosting plan includes a free domain name, you will be required to pay a fee to reimburse BELGUO.com for the domain name registration upon changing to another hosting plan or a billing term that does not include a free domain name. The amount of this fee will vary depending on the domain extension and on the registration term.

All BELGUO.com web hosting services, including service trials and promotional hosting offers, and their billing terms may be prorated and adjusted to expire on the last day of a month.

All service trials and promotion offers are considered to be delivered in full upon the completion of the service term stated on the trial or offer invoice found in your account control panel. BELGUO.com is not obligated to provide reimbursement for any proration or service term adjustment on service trials or promotional offers.

Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All hosting services will renew at the regular renewal rate.

In the absence of a cancellation request from you, your hosting service will be renewed for a successive term, at the regular renewal rate, on the 16th of the expiry month.

• Definition of Unlimited Usage

What “Unlimited” means: BELGUO.com does not set an arbitrary limit on the amount of resources an account can Use.

What “Unlimited” DOES NOT mean: The accounts are not intended to support the greater web hosting needs of large enterprises or to be Used as an online storage warehouse to store backups, archiving of electronic files or emails, documents, log files, etc. or to be Used as a media file streaming/sharing hub.

Reselling any of the Service’s resources is strictly prohibited. Any accounts found to be reselling resources will immediately be suspended, with or without notice. Reselling of account resources is only permitted if you are Using a Reseller Hosting Plan, a Virtual Private Server (VPS) or a Dedicated Server.

BELGUO.com’s “Unlimited” services are provisioned in a shared hosting environment. Any account found to be adversely affecting the performance of other Subscriber accounts by excessively Using network bandwidth, server storage, memory or CPU resources, will be flagged by BELGUO.com administrators and anti-abuse controls. These Subscribers will then be asked to consider Virtual Private Server (VPS) or Dedicated Server services. SerioUS offenses will result in the account service suspension or termination, with or without notice.

• Service Fees / Payments / Invoices

BELGUO.com Uses an automated payment processing system and only accepts credit card or PayPal payments at this time. All Subscribers are required to maintain valid payment information on file for the processing of any applicable service fees. At its sole discretion, BELGUO.com may Use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account.

BELGUO.com may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.

Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.

Invoices for all BELGUO.com services can be found by logging into your account control panel.

Billing inquiries and disputes should be brought to BELGUO.com’s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.

If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, BELGUO.com reserves the right to put your domain name into “Registrar Hold” status and deny any transfer requests for that domain name until the chargeback or dispute issue has been resolved.

Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the Account Reactivation Fee (see below).

Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order.

BELGUO.com reserves the right to modify service fees and rates, effective upon posting on the BELGUO.com BELGUO or on this Agreement.

5. Termination / Plan Change / Refund Policy

BELGUO.com may terminate your Service under the following circumstances (non-exclusive list):

1. Non-payment of fees
2. You are in breach of any term or condition of this Agreement

• Your Use of the Service disrupts BELGUO.com business operations or affects any other party

All Subscriber data is removed from BELGUO.com servers for such terminations.

You may request account termination or hosting plan changes at any time by contacting our Customer Service team either through phone or case ticket. Our contact information can be found on the Support page of our BELGUO: https://www.belguo.com/contact-US/

When submitting your cancellation request, you must provide the correct Username and password for your account for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.

Refunds will not be given for services that are billed monthly or for one-time service fees, such as web design fees, file recovery fees, domain redemption fees, etc. You are eligible for a refund on hosting services that are not billed monthly under the following circumstances:

1. If you cancel your account within 30 days of sign-up, you will, upon request, receive a full refund on the hosting fees paid, less any setup fees or one-time service fees.
2. If you cancel your account within 45 days of a hosting service renewal, you will, upon request, receive a full refund on the hosting fees paid on your most recent renewal. You will be subject to a EUR€15.00 Refund Processing Fee for this refund.
3. If you cancel your account within 14 days of a hosting plan change, you will, upon request, receive a full refund on the hosting fees paid on your most recent hosting plan change, less any setup fees or one-time service fees. You will be subject to a EUR€15.00 Refund Processing Fee for this refund.

If your hosting plan includes a free domain name, you may be required to pay an additional EUR€15.00 Domain Reimbursement Fee to reimburse BELGUO.com for the domain name registration when you do any of the following:

• You cancel your subscription to the hosting plan.
• Your subscription to the hosting plan ends.

1. You make changes to your DNS settings.
2. You transfer the domain name to another domain registrar.

Only one refund may be issued for each invoice. BELGUO.com reserves the right to grant or deny any refund requests.

Domain name registrations, regardless if it is an initial registration or a renewal of an existing registration, cannot be cancelled and will remain in effect until the end of the registration term.

• Subscriber Responsibility

When you apply to Use BELGUO.com services, you will be asked to select a Subscriber ID and Password. The Subscriber ID and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Subscriber ID and Password you select from any unauthorized Use. IN NO EVENT WILL BELGUO.COM BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR SUBSCRIBER ID OR PASSWORD.

Subscribers are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated in your account control panel.

• Prohibited Conduct

BELGUO.com does not allow the Use of unsolicited commercial email (“Spam”) to promote products or services. Any Subscriber engaging in the sending of Spam through the BELGUO.com network or promoting information hosted by BELGUO.com will be considered in breach of this Agreement and will be suspended from the Service immediately.

Your Use of the Service must be in compliance with Belgian laws, and the laws of your country at all times.

You are responsible for ensuring that your Use of the Service does not consume excessive system or network resources that disrupts the normal Use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.

The following is a non-exclusive list of contents, and behavior prohibited by the Service:

1. Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
2. Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.

• Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our server’s mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a BELGUO.com account will result in immediate account suspension.

1. Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise object able material.
2. Content or otherwise that exploits children under 18 years of age.
3. Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.

• Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
• Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.

1. Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
2. Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any BELGUO.com service, solution or technology.
3. Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual pass wording of Subscriber Sites (or pages contained therein).

• Notices

You agree that, unless other instructions are posted on BELGUO.com’s BELGUO, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to US, and the contact information for BELGUO.com posted on the BELGUO.com BELGUO. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

• Reservation of Rights

BELGUO.com reserves the right and sole discretion to:

1. Censor any BELGUO hosted on its servers that is deemed inappropriate.
2. Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.

• Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.

1. Terminate any account if the contents of its BELGUO results in, or are the subject of, legal action or threatened legal action against BELGUO.com or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
2. Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that BELGUO.com determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
3. Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.

You agree that it may be necessary for US to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.

• Limitation of Liability

The Service is provided on an “as is” and “as available” basis and the Use of the Service is at your own risk. BELGUO.com makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. BELGUO.com is not responsible for any damages, injury or economic loss arising from the Use of the content or Service provided by BELGUO.com.

In no event will BELGUO.com be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your BELGUO or any other services or products provided to you.

BELGUO.com, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the Use of the Service or of your BELGUO.

In no event shall BELGUO.com be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your BELGUO, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

•  Force Majeure

BELGUO.com will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.

• Unenforceable Provisions

If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.

• Governing Law

The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of Belgium, without reference to its conflicts of laws principles.
You may be subject to other local, provincial and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of Belgium for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
Domain name registrations will subject you to the Terms and Conditions of the respective governing domain extension registries. .COM, .NET, .ORG domain name extensions are governed by ICANN policy. Please refer to http://www.icann.org.

• Age of Majority

BELGUO.com does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.

• Waiver

No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

• Entire Agreement

This Agreement, as may be updated from time to time and posted at https://www.belguo.com/terms-and-conditions/, represents the complete agreement and understanding between US with respect to the Service and supersedes any other written or oral agreement.