TERMS AND CONDITIONS

GENERAL TERMS
PLEASE READ THESE TERMS OF SERVICE BEFORE USING MOBIWHIZ.COM ("COMPANY"). THESE ARE THE TERMS AND CONDITIONS ("Terms") APPLICABLE TO THE PURCHASE AND SALE OF MOBILE APPLICATION RELATED SERVICES BETWEEN YOU ("Customer", "you" or "your") AND MOBIWHIZ.COM. BY VISITING AND/OR USING MOBIWHIZ.COM YOUR USE OF THE SERVICE IS SUBJECT TO THESE TERMS OF SERVICE ("TERMS"). BY ACCESSING THE WEBSITE " MOBIWHIZ.COM ", REQUESTING FOR QUOTE OR SERVICES THROUGH THE WEBSITE, YOU HEREBY AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN.
THE COMPANY RESERVES THE RIGHT TO CHANGE OR MODIFY ANY OF THE TERMS AT ANY TIME AND FROM TIME TO TIME AT ITS SOLE DISCRETION, AND TO DETERMINE WHETHER AND WHEN ANY SUCH CHANGES APPLY TO BOTH EXISTING AND FUTURE CUSTOMERS. THE COMPANY MAY MAKE CHANGES OR MODIFICATIONS TO REFERENCED POLICIES AND GUIDELINES WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE COMPANY´S POSTING OF ANY CHANGES OR MODIFICATIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

DEFINITIONS:
COMPANY: Hummingbird International llc, DBA MobiWhiz.com
CUSTOMER/YOU: Any user who visits or utilizes the site in any manner for purposes including, but not limited to visiting, browsing or engaging in any sort of business activity or service.

SERVICE DETAILS
MobiWhiz.com provides the following custom services:

ELIGIBILITY
Use of the Service is void where prohibited. By using the Service, you represent and warrant that (a) all information you provided is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the MobiWhiz Service does not violate any applicable law or regulation.

REFUND POLICY
Company will ensure to best of its abilities to complete the project as per the contractual milestones agreed before the commencement of the project. Therefore, all possible attempts of amicably working out a mutually acceptable solution should be a priority in case of an unsatisfactory service. Refund is a last resort that may be taken when things are absolutely not working out. Ultimately, our goal is to a reach a mutually satisfactory solution. If you are unsatisfied for any reason that has caused you to think about filing a refund claim, please a few minutes to write to us at refund(at)mobiwhiz.com to initiate a dialog before requesting a refund.

Refund claims should only be filed if we are unable to come to a mutually satisfactory solution. In such cases, if the client is not happy with the outcome and has gone through the dispute resolution process, we do consider refund requests as per the following schedule which clearly lists the services and our refund policy related to each service.

REFUND CASES
Refund will only be processed if the customer has gone through the dispute resolution process and is not happy with the outcome. Amount of refund will vary from case to case and final decision will be as per the discretion of company’s management.

PROJECT DELIVERY
The Company will only commit to delivery of the project, in cases;

Timely payments: A project is not considered to be void if the agreed upon / listed payments are not clear as per the agreed payment terms.

Timely communication from the client: In case of un-informed delays by the customer related to any query/scope approval/delivery approval or any other item related to the project, the company will not be responsible for such delays if required information for successful completion of the project is not communicated to us in a timely manner. Any delay or failure of the project arising out of such situations cannot be attributed to the Company.
Completeness of information provided by the client: If the information provided to the Company is incomplete and/or complete information/scope of the project is not provided at the beginning of the project, the Company is not bound to maintain its delivery and /or refund commitments.

The Company will not make any compensation for the delay of delivery under any circumstances, unless there is a special agreement signed with a penalty clause for delay in delivery.

PAYMENTS
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment thereof. You agree to pay for any taxes that might be applicable to your use of the Service and payments you make to us.

MobiWhiz.com accepts payments through following methods:

INDEMNITY
You agree to indemnify and hold Hummingbird International, DBA MobiWhiz.com, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, use of or connection to the Service, violation of these Terms, or violation of any rights of another.

NO WARRANTY
MOBIWHIZ.COM WEBSITE AND CUSTOM SERVICES ARE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. HUMMINGBIRD INTERNATIONAL DBA MOBIWHIZ.COM, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MOBIWHIZ.COM SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

LIMITATION OF LIABILITY
IN NO EVENT SHALL HUMMINGBIRD INTERNATIONAL LLC DBA MOBIWHIZ.COM, ITS SUBSIDIARIES, OFFICERS, DIRECTORS AND EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE, THE TOOLS AND SERVICES WE PROVIDE, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

SEVERABILITY
Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of this Agreement is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. Nothing in this Agreement or related policies should be deemed to confer rights or benefits on third parties.

FORCE MAJEURE
Except for the payment of custom project the Company shall not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.

GOVERNING LAW
These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws. Under no circumstances shall the laws of any other state be applied, even where such a result would be implicated by conflict of law principles. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the federal and state courts located in Pennsylvania regarding any and all disputes relating to your Contract or these Terms and Conditions.

GENERAL
These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and MobiWhiz.com regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and MobiWhiz.com regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms shall be binding upon MobiWhiz.com unless otherwise agreed to by MobiWhiz.com in writing. The failure of MobiWhiz.com to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Any questions concerning these Terms and Conditions should be directed to:
Hummingbird International LLC DBA MobiWhiz.com.

Contact Us:
If you have any questions regarding our Terms and Conditions please feel to contact us via email at legal(at)mobiwhiz.com

E-mail Us:

You can also email us 24/7, 365 at support(at)mobiwhiz.com. Please specify in the subject line that the email is regarding Terms and Conditions.