Agreement between User and dashboard.mywebchef.com
Welcome to dashboard.mywebchef.com. The dashboard.mywebchef.com website (the “Site”) is comprised of various web pages operated by MyWebChef (Five Multimedia LLC) (“MyWebChef”). dashboard.mywebchef.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of dashboard.mywebchef.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
dashboard.mywebchef.com is an E-Commerce Site.
To help customers manager their subscriptions including, but not limited to hosting, SEO and other marketing subscriptions.
Visiting dashboard.mywebchef.com, sending emails, or using our chat feature to MyWebChef constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MyWebChef is not responsible for third party access to your account that results from theft or misappropriation of your account. MyWebChef and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
MyWebChef does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use dashboard.mywebchef.com only with the permission of a parent or guardian.
We do not give refunds or pro-rated refunds, all sales, deposits, set-up fees, subscription payments, etc are non-refundable. You may cancel any subscription at any time through our dashboard which YOU (as the customer) create credentials for at the beginning of your subscription. If you decide to move your website, build your website on another hosting provider, and anything that would result in your website NOT being hosted with us anymore, YOU as the customer are responsible for canceling hosting within our dashboard. We monitor the health of our server(s) and your connections to plugins, not your domains connectivity to our hosting.
If you do not have your login credentials, use the cell phone number you provided at checkout and text the word “username” to our phone number (770) 407-5210. If you do not receive a text to your phone on file please feel free to message us through text at the same phone number or through our chat widget on the bottom right-hand side of this website.
- Hosting Cancellation
You have full control to cancel your hosting and can cancel anytime within the MyWebChef dashboard on this website. Should your account be billed prior to your cancellation, we DO NOT give refunds nor will there be any prorated refund. Should you cancel your subscription, your website will be deleted at the end of the billing cycle (see your account) and a backup will not be available. After this time RESTORATION WILL NOT BE POSSIBLE and additional charges will apply to recreate your website. As stated before, it is you, the customers responsibility to cancel your hosting at the time you choose.
- Should you “Forget”, misunderstand, or any other reason your subscription stays “Active” in your dashboard
We also do not give refunds, pro-rated discounts, or anything for customers who DO NOT cancel their hosting THEMSELVES through their own account in our dashboard (https://dashboard.mywebchef.com). Should you “forget” or any other reason your account stays “Active” and one or multiple months of hosting are charged, that is completely the responsibility of the customer. If you DO NOT cancel we (MyWebChef/Five Multimedia) keep your server instance running, resubscribe to plugins, monitor the back end, etc as long as your account is “Active”.
- Moving to another hosting provider
Should you need to move to another hosting provider, you are able to do so at anytime (unless you fall under section 3 of the Cancellation/Refund Policy). DO NOT cancel your hosting, please contact us to retain a copy of your website where you will then be responsible for installing the website on the new hosting. Should you move hosting providers away from us, we have the right and will remove ALL plugin licenses we provide. At that point you will need to purchase your own license for each plugin to regain or continue to have functionality should it be interrupted and/or stop all together. You will need a new license for the plugins we disconnected because eventually they will need to be updated and the only way to update them is to have a license.
- Third Party / Corporate Hosting Partnerships
MyWebChef provides hosting for third party/corporate partners that specifically limit usage of their website theme templates to ONLY our hosting platform. With those partnerships we have automations and agreements that IF you as their customer DO NOT, or STOP payment with one of those partners, your website will be disabled. Should your website become disabled AND you have a hosting plan with MyWebChef that is connected to a corporate partner, that hosting plan will continue to be charged by MyWebChef. Your website files will still live on our server until you cancel your hosting subscription within your dashboard on this website. It is your responsibility to cancel hosting with MyWebChef should your website be disabled by one of our Third Party /Corporate Partners. You as the customer, are not allowed or permitted to move your template to another hosting platform without written consent from our third party / corporate partners. We do not honor any agreement, understanding, and/or promise by any of our third party / corporate partners that are not previously agreed upon in writing by the partner in question and an authorized personnel of MyWebChef.
Website Theme Registration
If you have chosen a DIY, Starter, or any other website product that comes a website theme template, you will continue to have rights to use the theme template should you decide to cancel hosting services with us. The theme template is licensed to the current company and can only be used with the company name at the time of hosting purchase. The theme template is not transferable and can not be used on any other website without retaining a new license or updating the license.
MyWebChef gives access to our plugins to enhance the website building experience for our customers. We add our licenses to our hosted websites as a favor to our clients. At any point, if we see misuse, mishandling or anything that breaks our obligations to the third party plugins, we have the right to disconnect the plugin(s) in questions without warning. Using our plugin licenses on ANY website that we do not host or without written consent from authorized personnel of MyWebChef is illegal and prohibited.
Links to Third Party Sites/Third Party Services
dashboard.mywebchef.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of MyWebChef and MyWebChef is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MyWebChef is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MyWebChef of the site or any association with its operators.
Certain services made available via dashboard.mywebchef.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the dashboard.mywebchef.com domain, you hereby acknowledge and consent that MyWebChef may share such information and data with any third party with whom MyWebChef has a contractual relationship to provide the requested product, service or functionality on behalf of dashboard.mywebchef.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MyWebChef or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MyWebChef content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MyWebChef and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MyWebChef or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by MyWebChef from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MyWebChef Content accessed through dashboard.mywebchef.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless MyWebChef, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MyWebChef reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MyWebChef in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MyWebChef agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MYWEBCHEF AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MYWEBCHEF AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MYWEBCHEF AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MyWebChef reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MyWebChef as a result of this agreement or use of the Site. MyWebChef’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MyWebChef’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MyWebChef with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MyWebChef with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MyWebChef with respect to the Site. A printed version of this agreement 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. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
MyWebChef reserves the right, in its sole discretion, to change the Terms under which dashboard.mywebchef.com is offered. The most current version of the Terms will supersede all previous versions. MyWebChef encourages you to periodically review the Terms to stay informed of our updates.
BP1. Collection and Use of Information.
We may collect “Personally Identifiable Information” about you (for example, your name, email, address, telephone number, credit card information, etc.) in order to communicate with you or provide you with goods or services that you have requested. “Personally Identifiable Information” refers to information that you provide to us through the Internet that can be used to uniquely identify you. We may also contact you with surveys, promotions, and other information that may be of interest to you from MyWebChef product “Beyond Pixeled”, possibly through automated technology, recorded phone lines, pre-recorded messages, text messages, and emails.
We will not sell, transfer or share any Personally Identifiable Information about you to any third parties outside of MyWebChef product “Beyond Pixeled”. We agree to honor these privacy safeguards, except under circumstances as may be required by law or to protect legal rights.
We may collect, use and disclose information that is not Personally Identifiable Information (for example, we may keep track of, use or disclose aggregate statistics regarding the number of visitors to our website and other information that does not uniquely identify you). Typically, this data is gathered through the use of automated “cookies” or “pixels”.
Pixels track website visitation by identifying devices to understand user activity. The use of pixels is an industry-standard, and you will find most major Websites use pixels. By showing which visitors use our site, we are able to better understand our site performance. Many improvements to our internal practices are based on understanding who is accessing our website.
We employ some vendors to perform functions on our behalf. Examples may include fulfilling orders, delivering packages, email administrative functions, processing credit card payments, marketing services, and providing customer service. These vendors are under a strict contractual obligation to use confidential data only for those purposes for which they are hired.
BP2. Privacy Practices of Third Parties and Advertisers.
MyWebChef product “Beyond Pixeled” may collect Personally Identifiable Information through the use of trusted third party partners. These partners may combine your information with other databases in order to serve relevant information and promotions to you. If you do not wish to have any information collected about you, please contact MyWebChef product “Beyond Pixeled” to opt out.
This Website may contain advertisements and links to other sites. MyWebChef product “Beyond Pixeled” is not responsible for the content or privacy policies or practices of any advertisers or linked sites or for the content, privacy policies or practices of any third parties. To the extent that you disclose Personally Identifiable Information to any advertisers, linked sites or other third parties, different rules may apply to their use or disclosure of Personally Identifiable Information, and we encourage you to review their privacy policies before disclosing Personally Identifiable Information to them.
BP3. Access or Corrections to Your Information.
If you identify any inaccuracy in your Personally Identifiable Information, or you need to make a change or would like to verify such information, please contact us so that we may update our records. Our contact information is set forth in section 5 below. We will use commercially reasonable efforts to accommodate all such requests.
We use technical and organizational security measures in order to protect the data we have under our control against accidental or intentional manipulation, loss, destruction, or against access by unauthorized persons. Nevertheless, your confidential use of this Website cannot be guaranteed by us. We shall not be responsible for harm that you or any person may suffer as a result of breach of confidentiality in respect to your use of our site or any information you transmit to our site.
MyWebChef (Five Multimedia LLC) welcomes your questions or comments regarding the Terms:
MyWebChef (Five Multimedia LLC)
15 Perry St.
Newnan, Georgia 30263
Effective as of December 20, 2020