Terms - New Heights Digital Solutions

Terms of Use

Making Legal Jargon Less of a Snooze Fest

Please read these terms and conditions carefully. They govern the use of this website and provision of New Heights Digital Solutions’ services described on this page, acceptance of which constitutes a legally binding contract.

INTERPRETATION AND DEFINITION

In this agreement the following terms shall have the respective meanings assigned to them: “Agreement” means these Terms and Conditions, Service descriptions, Terms of Use, Payment Terms and the Project Brief and any addenda. In the event of any conflict between the terms of this Agreement for the provision of Services, the details of the Project Brief shall prevail, except for payment terms where the Payment Schedule shall prevail; “New Heights Digital Solutions’” means Next Level Your Coaching, provider of online marketing solutions; “Client” means the Company that enters into an agreement with New Heights Digital Solutions’, its employees, agents, representatives and sub- contractors, to whom the Service is provided as set out in the Project Brief; “You” means any visitor to the Next Level Your Coaching site; “Site” means the Next Level Your Coaching website at https://nhdigitalsolutions.com; “Commencement Date” means the date of commencement of the Services as set out on the signed Project Brief; “Fees” means the amounts payable by the Client for the Services provided by New Heights Digital Solutions as detailed in the Project Brief; “Initial Term” unless otherwise stated in Project Brief means either 180 days from Commencement Date for SEO contracts and 90 days from the Commencement Date for Google AdWords™ or Social Media advertising. “Payment Terms” means the agreed schedule of payments that the customer shall make to New Heights Digital Solutions for the provision of services forming part of these Terms and Conditions; “Services” means the services that New Heights Digital Solutions currently offers, details of which are on the Next Level Your Coaching website and the services to be provided by New Heights Digital Solutions to the Client as specified in the Project Brief.

GENERAL

This Agreement is by and between Next Level Your Coaching, its Clients their heirs, assigns, agents, contractors and Users of New Heights Digital Solutions website and is made effective as of the date of electronic execution. By accessing the New Heights Digital Solutions website, you acknowledge and agree that you have read, understood, acknowledged, and agreed to be bound by all the terms and conditions of this Agreement.

1. LICENSE

1.1 By offering this site for use, New Heights Digital Solutions provides a worldwide, nonexclusive, nontransferable, revocable, limited license to access and make personal use of the information and services on this website, strictly subject to and by these Terms. New Heights Digital Solutions reserves the right to amend or terminate this license at any time and for any reason.

1.2 Failure to comply with these Terms may automatically terminate this license without prior notice. Except for the limited license outlined in these Terms, New Heights Digital Solutions does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary materials.

1.3 The New Heights Digital Solutions name and logos are registered trademarks and may not be used without our written consent. You agree that all the materials displayed on or available through this website, including without limitation any names, logos, data, information, graphics, or underlying software, displayed on or available from this website are protected by copyright, trademark and other intellectual property laws and are available for your personal use only. In connection with viewing and using this website, you are permitted to temporarily download one copy of the materials posted on this website onto a single computer for your personal, non-commercial use only.

1.4 You must not copy, modify, alter, download, publish, broadcast, distribute, sell or transfer any such materials unless expressly provided for in these Terms or with our express written permission. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you and such information, content or images may be used solely in accordance with these Terms. All copyright and other proprietary notices contained in downloadable materials must be retained.

2. LINKS TO OTHER WEBSITES

2.1 Links to other websites are provided for your convenience. Next Level Your Coaching does not control these other websites and cannot be responsible for the content or accuracy of the information or other material on these websites. Unless expressly stated on this website, the provision of a link to an external website does not constitute an endorsement or approval of that website or any of the products or services on that website. You should seek independent expert advice if you have any concerns regarding what services, products or solutions may be suitable for you. New Heights Digital Solutions will not be liable for any damages or injury arising from your access to such sites or content.

3. LIMITATIONS ON USE OF SITE

3.1 You agree to use the Site only for lawful purposes. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent Next Level Your Coaching.

New Heights Digital Solutions offers virtual assistant, search engine optimization, content and social media, and internet marketing services may include, but are not limited to: search engine optimization (hereinafter “SEO”), Google Adwords®, Facebook and other Social Media advertising, Link Building, and Web design/development.

1. QUOTE FOR PROVISION OF SERVICES

1.1 All quotes supplied by New Heights Digital Solutions are valid for 7 days from the date the quote is provided. New Heights Digital Solutions may amend this provision during promotional periods. Acceptance can be provided in writing, via electronic mail, or by electronically signed document.

2. COMMENCEMENT OF SERVICES

2.1 New Heights Digital Solutions will send Client an email requesting additional information for the Project Description. New Heights Digital Solutions will commence work within fourteen (14) days after the date of receipt of information.

2.2 New Heights Digital Solutions will use its best efforts to provide Service to Client within a reasonable timeframe. New Heights Digital Solutions is not liable for delays to project or anticipated timeframes for delivery of service.

3. PAYMENT TERMS

3.1 Client agrees to pay for the Products and Services in full prior to work commencing on the Project Description, unless otherwise agreed at New Heights Digital Solutions sole discretion. Invoices are payable upon receipt from the date of the invoice.

3.2 Client may request a full refund within seven (7) days of remitting payment to New Heights Digital Solutions, prior to work commencing. Client acknowledges that no refunds are available once work has commenced on the Project Description and that there are no exceptions to this policy.

3.3 For SEO Contracts, a one-time setup fee will be assessed and payment is required prior to work commencing. Monthly maintenance fees are not included in the setup fee. Client will be billed for each month for the maintenance fee until customer provides New Heights Digital Solutions with a written cancellation request of no less than 30 days.

3.4 If Client provides Next Level Your Coaching with their credit card information, you authorize New Heights Digital Solutions to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with New Heights Digital Solutions cancellation policy.

3.5 Client may elect to have invoices paid by direct debit. By completing a direct debit request, Client authorizes New Heights Digital Solutions to arrange for account funds to be debited to your account.

3.6 All payments to New Heights Digital Solutions will be made in USD (United States Dollar).

4. LATE OR NON-PAYMENT

4.1 If payment has been declined or has not been made, Client’s account will be suspended and a reactivation fee of $50 will apply. No refunds will be made in suspended accounts or reactivation fees.

4.2 For failed credit/debit card processing payments, New Heights Digital Solutions reserves the right to request an alternate payment method.

4.3 If any payment which is due has not been received after 7 days from the date of the invoice, this will result in termination of our services and any links, content, website development, and/or SEO work will be removed. Cancelled accounts cannot be reactivated and any account history or information will not be retrievable. No refund will be given in these cases.

3. CLIENT OBLIGATIONS

5.1 Client will provide New Heights Digital Solutions with reasonable direct and remote access to its website and shall provide such other reasonable assistance as New Heights Digital Solutions may request, including, but not limited to, providing source code and other statistical, diagnostic information and other relevant information required to enable New Heights Digital Solutions to comply with its obligations under this Agreement.

5.2 New Heights Digital Solutions shall provide the Services during the continuance of this Agreement. New Heights Digital Solutions will use reasonable efforts to provide Client with the Services in accordance with the estimated timeline set out in the Project Brief.

5.3 Where the Service being provided requires, New Heights Digital Solutions will liaise with the relevant web agency, hosting company or other third party in order to provide the Services. New Heights Digital Solutions shall not be liable for any act or omission by the relevant web agency, hosting company or other third party, if such act or omission results in New Heights Digital Solutions breaching its obligations under this Agreement.

5.4 New Heights Digital Solutions will not make changes to or update a Customer’s website prior to written or verbal consent from the Customer, stating that New Heights Digital Solutions have the right to make the agreed changes and the Customer, as the website owner, agrees to and takes full responsibility for those changes being made.

6. IMPLEMENTATION OF SEO SERVIC

6.1.Client acknowledges that New Heights Digital Solutions may, as part of the client’s SEO campaign, add links and content to the client’s website. If the client chooses to reject these additions, their First Page Guarantee may be rendered void, to the discretion of New Heights Digital Solutions..

6.2 Client acknowledges that the guarantee applies only to selected keywords chosen by the Client. New Heights Digital Solutions will advise Client to which keywords guarantee applies.

6.3 Client acknowledges that Search Engine Optimization (“SEO”) is governed by many factors which are outside the direct control of New Heights Digital Solutions. Search Engines are third party systems with unknown variables, algorithms and indexing decisions that can change at any time and without notice over which we have no control. New Heights Digital Solutions will use best efforts, techniques and accepted standards to improve Client’s Search Engine Ranking but cannot guarantee of #1 ranking of Client’s website on any major Search Engine using Client’s desired keywords. Client further acknowledges that the website’s ranking with a particular Search Term will rely on both the relevancy of that term on your pages, and the popularity of that term on other websites.

6.4 Client further acknowledges and understands that a website’s rankings may go backwards. Client agrees if this were to happen, no liability will be on New Heights Digital Solutions and no refunds or discounts given.

6.5 New Heights Digital Solutions is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.

6.6 New Heights Digital Solutions is not responsible for the Client overwriting New Heights Digital Solutions work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content.

6.7 New Heights Digital Solutions follows a strictly ethical SEO policy and will not be responsible for any bans or search engine suspension for the following:

duplicate sites, duplicate content or pages, redirects or doorway pages.
link farms or any spanning techniques which may harm the web site’s ranking with Google.
Increased traffic or sales
hidden links
automated web site submission software or websites

6.8 Client acknowledges that New Heights Digital Solutions will add an “SEO Services” by “New Heights Digital Solutions” link to the footer section of each website they work on. This is Next Level Your Coaching’s branding and to remove it will cost $250.

7. IMPLEMENTATION OF GOOGLE ADWORDS®

7.1 New Heights Digital Solutions may, at their sole decision, provide Client a management service of a Google AdWords® account in accordance with the terms set out in the Project Brief.

7.2 Client expressly permits Next Level Your Coaching to create a Google AdWords™ account on their behalf. Client acknowledges that Google AdWords™ are subject to Google’s Terms and Conditions. Client’s account will be deemed active once Google™ approves it for online advertising. New Heights Digital Solutions is not liable if Client’s account is rejected.

7.3 New Heights Digital Solutions acknowledges that Client owns the Google AdWords™ Account developed by New Heights Digital Solutions. Upon expiration of the term of this agreement Client may retain the account and all its configuration.

7.4 New Heights Digital Solutions will send a draft to Client once work is complete. Client agrees to review and approve said draft within fourteen (14) business days. New Heights Digital Solutions is not liable for errors or omissions once the ads are deployed.

8. FACEBOOK AND SOCIAL MEDIA ADVERTISING

8.1 New Heights Digital Solutions agrees to promote Client’s company on Facebook® and/or Social Media sites including but not limited to X™, YouTube™, Instagram™ and LinkedIn™ through targeted advertising campaigns per the agreed specifications set out in the Project Description.

8.2 Client agrees to provide New Heights Digital Solutions with information (ad banners and web site links) within ten working days after the Commencement Date and further agrees that they will comply with any technical specifications provided to the customer by New Heights Digital Solutions. Drafts will be sent to Client for approval before being submitted to the relevant site.

8.3 Client agrees that any images to be used in advertisements will be supplied to New Heights Digital Solutions. Client acknowledges that if images are not provided, additional design fees may be payable. New Heights Digital Solutions will include these additional fees on the invoice.

8.3 Client acknowledges that Facebook and other social media sites reserve the right to refuse adverts at any time for any reason, whether or not the same has already been acknowledged and/or previously published, including but not limited to for reasons relating to the contents of the advertisement or any technology associated with the advertisement. New Heights Digital Solutions will make every effort to create a substitute advertisement. If the advertisement is rejected due to content, New Heights Digital Solutions shall require Client to supply new copy acceptable to aforementioned sites. New Heights Digital Solutions cannot be held liable for rejection of ads by third party websites. Client acknowledges that if an advertisement previously accepted and displayed on a social media site is then subsequently removed by said site, prior to the end of the agreed period, that New Heights Digital Solutions is not liable for this decision and no refund will be payable.

9. LINK BUILDING

9.1 If requested, New Heights Digital Solutions shall provide the link building services as specified on the New Heights Digital Solutions website and to the agreed specifications on the Project Brief.

9.2 The number of links stated in the Project Brief is the number of links that New Heights Digital Solutions will provide on the link building report. The number is correct at the point at which the report is generated and quality controlled, whereupon it will be emailed to the Client.

9.3 New Heights Digital Solutions offers no guarantee for the length of time each link will remain live after the point at which it has been confirmed and reported on the Customer link report.

9.4 Client acknowledges that New Heights Digital Solutions is not liable for the content of those sites. Use of any such linked web site is at the Client’s own risk.

9.5 The inclusion of any link does not imply endorsement by New Heights Digital Solutions of the site.

9.6 Client acknowledges that linking to “bad neighborhoods” or receiving links from “link farms” can seriously damage all SEO efforts. New Heights Digital Solutions does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.

10. COPYWRITING

10.1 New Heights Digital Solutions agrees to produce written material for inclusion on Client’s website upon the request of the Client and per the agreed specifications in the Project Brief.

10.2 New Heights Digital Solutions agrees that it will be the sole author of the work, which will be original work by New Heights Digital Solutions copywriter, free of plagiarism. New Heights Digital Solutions agrees to use reasonable care to ensure that all facts and statements in the work are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party

10.3 Client may provide additional copy to New Heights Digital Solutions. Client accepts full responsibility for all detail contained in the copy provided to New Heights Digital Solutions and agrees to use reasonable care to ensure that all facts and statements in the work are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party.

10.4 New Heights Digital Solutions acknowledges that Client has the right to edit the work in a time frame agreed upon in advance as it deems appropriate for publication, and that New Heights Digital Solutions will cooperate with Client in editing and otherwise reviewing the work prior to publication.

10.5 Client agrees that they are responsible for reviewing the final draft for accuracy to include spelling and grammatical errors, statements and assertions. New Heights Digital Solutions is not liable for errors discovered after publication.

11. WEB DESIGN AND DEVELOPMENT

11.1 New Heights Digital Solutions agrees to design and develop a website at Client’s request and will deliver the work by to the agreed specifications in the Project Brief.

11.2 Client is solely responsible for preparing and posting detailed descriptions of each of its Project Briefs, including providing samples illustrating Client’s creative brief (“samples”), site structure, number of pages required, the applicable deadline, and other relevant terms and conditions. Client agrees to provide information to New Heights Digital Solutions within 15 days of signing the agreed Project Description.

11.3 Client agrees to supply the New Heights Digital Solutions with adequate photography or imagery to use in the design; or SEO may recommend a stock photography bundle to suit the project. Client acknowledges that an additional fee may be assessed for any stock photography we acquire.

11.4 Client agrees that if it fails to deliver information or content to New Heights Digital Solutions to enable development work to commence within fifteen (15) days, that New Heights Digital Solutions may at its discretion consider the project cancelled. Client also agrees that no refund would be payable under this circumstance and will not hold New Heights Digital Solutions liable for subsequent breach of this Agreement.

11.4 New Heights Digital Solutions will send Client a “Web Draft” once work is completed. Client agrees to review and test website for grammatical, spelling, graphical errors and coding bugs. Client hereby agrees that it is their sole responsibility to notify New Heights Digital Solutions of any such errors during the revision cycle and before the final files have been generated. Client agrees to provide feedback and revisions to New Heights Digital Solutions within seven (7) working days after receipt of the draft.

11.6 Client is responsible for acquiring and purchasing a domain name and WordPress web hosting. New Heights Digital Solutions may at its discretion advise Client on suitable names.

11.7 Client hereby acknowledges that New Heights Digital Solutions is not responsible for any errors, grammatical or otherwise found in submitted material Client provides towards the development of the website.

11.10 New Heights Digital Solutions agrees to resolve any errors or implement revisions requested by Client. Client agrees that a maximum of three revisions are available.

11.11 Client acknowledges that any change requests after final approval has been given to New Heights Digital Solutions or after website is live in Production, that New Heights Digital Solutions reserves the right to require Client sign a new contract and pay any subsequent fees. New Heights Digital Solutions will not commence work on subsequent change requests until full payment has been received.

11.12 Client acknowledges that New Heights Digital Solutions will add a “Web Design” by “New Heights Digital Solutions” link to the footer section of each website they work on. This is New Heights Digital Solutions branding and to remove it will cost $250.

12. HOSTING

12.1 Client’s website should be hosted on a reliable WordPress server, based in the country of Search Engine interest, with constant availability, for optimum results. Client has sole responsibility for their website hosting choice and payment.

12.2 New Heights Digital Solutions may recommend changing Client’s host or server, in order to protect the interests of your web site’s ranking within the Search Engines. New Heights Digital Solutions offers no guarantees to interruption of hosting services and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.

12.3 Client acknowledges that New Heights Digital Solutions may from time to time be required to perform maintenance, upgrades or replacements to servers. New Heights Digital Solutions reserves the right to suspend access to such server during the required time to do the maintenance, upgrade or exchange the server. In this event,

INTELLECTUAL PROPERTY AND COPYRIGHT

13.1 The technology and content provided on the New Heights Digital Solutions Site, unless specified otherwise is owned by or licensed to New Heights Digital Solutions. Content includes but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software.

13.2 New Heights Digital Solutions and its licensors retain all proprietary rights to that content and technology and by continuing to use this website, Client acknowledges said content and technology is protected by United States and international intellectual property laws.

13.4 For all content, imagery or photography provided to New Heights Digital Solutions in the provision of services, Client hereby warrants:

i) they own the intellectual property rights in that content;

ii) that content does not infringe the intellectual property rights of a third party;

iii) that content is not fraudulent, stolen, or otherwise unlawful;

iv) that content does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, or criminal law);

v) that content is not defamatory, unlawfully threatening or unlawfully harassing; and

vi) that content does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.

13.4 New Heights Digital Solutions reserves the right to refuse any content it considers to be in contravention with any of the above statements.

14. STOCK IMAGERY/PHOTOGRAPHY

14.1 Client acknowledges that copyright to any stock imagery or photography used on Client’s websites is retained by the owner.

14.2 Client acknowledges that such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your website by New Heights Digital Solutions. Any editing of the dimensions in which they appear may contravene their usage rights.

15. TRUTH IN ADVERTISING

15.1 Client hereby warrants that there is nothing in any advertisement or other material provided to New Heights Digital Solutions, or in any material to which the advertisement or other material links or refers, that violates any personal or proprietary right of any third party, constitutes false advertising, is harmful, or violates any law or governmental regulation.

15.2 Client agrees to indemnify and hold harmless New Heights Digital Solutions, its employees, directors, heirs and assigns against all liability, loss, damage and expense of any nature, including attorneys’ fees, arising out of the publishing, distribution, or transmission of any advertisement submitted by or on behalf of the Client or the linkage of any advertisement to any other material

16. ASSIGNMENT OF INTELLECTUAL PROPERTY TO CLIENT

16.1 All copyright and other intellectual property rights in any work created, commissioned or otherwise acquired by New Heights Digital Solutions during the implementation of any contract between New Heights Digital Solutions and Client shall remain with New Heights Digital Solutions until full payment has been received.

16.2 Upon full payment, New Heights Digital Solutions hereby agrees to transfer to the Client all rights title and interest in the copyright and other intellectual property rights in all artwork, manuals, information, material reports, source code and other output which is produced, extended or modified during the production of the work outlined.

17. TERM OF AGREEMENT AND CANCELLATION

17.1 The Initial Term for the Agreement for Services shall continue as follows unless otherwise mutually agreed upon in writing:

– 180 days for search engine optimization contracts

– 90 days for Virtual Assistant and social media management contracts

– 90 days for Google AdWords™ and Social media advertising contracts

17.2 Following the Initial Term, this Agreement shall renew at the end of each 30-day period for a successive 30-day term unless either party provides a minimum of 7 days written notice of its intention not to renew or if both parties agree to enter a new contract term for a determined time period.

17.3 Cancellations become effective on the day processed by New Heights Digital Solutions. Client will be notified of the cancellation via email.

17.4 If Client cancels before the end of the initial contract term a $50 penalty will be assessed, and no refund will be due to client.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

18.1 New Heights Digital Solutions warrants that the services provided will at the time of delivery correspond to the specifications provided in the agreed upon Project Description.

18.2 Client acknowledges that New Heights Digital Solutions does not warrant or make any representations concerning the accuracy of design, content, features, features, functions and performance of any web pages created by New Heights Digital Solutions or any advertisement placed on social media websites or otherwise, nor does it warrant or make any representations concerning the accuracy, likely results, or reliability of any optimization services it provides.

18.3 Client hereby agrees that the responsibility to check the performance, accuracy and quality of any web pages created by New Heights Digital Solutions rests solely with them.

18.4 Client hereby agrees that New Heights Digital Solutions is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

18.5 Client agrees New Heights Digital Solutions is not liable for absence of services as a result of illness or holiday.

18.6. The content on this Site is for general information only and use and is not intended to address your particular requirements. In particular, the content does not constitute any form of advice, recommendation or arrangement by New Heights Digital Solutions and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any arrangements made between Client and any third party named on this Site is at Client’s sole risk and responsibility.

18.7 USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITATION, New Heights Digital Solutions MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL New Heights Digital Solutions OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, ACCOUNT PROVIDERS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “New Heights Digital Solutions”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Next Level Your Coaching SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, New Heights Digital Solutions IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF New Heights Digital Solutions TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

21.1 TERMINATION

21.1 Client acknowledges and agrees that New Heights Digital Solutions, at its sole discretion, may suspend access to this website, suspend services or terminate this Agreement if the Client:

i. fails to pay any sum due under this Agreement and such sum remains unpaid for 5 days after written notice from New Heights Digital Solutions that such sum has not been paid;
ii. ceases to carry on business or become insolvent, or have an administrator or receiver appointed or enter into liquidation or enter into any agreement with its creditors; or
iii. fails to fulfill any of its obligations under any part of this or any other agreement that it has with New Heights Digital Solutions; or
iv. interferes with or impairs the Service, or New Heights Digital Solutions’ ability to deliver the Services.
vi. behaves in a manner found to be unlawful, inconsistent with, or in violation of, the letter or spirit of the terms of this Agreement.

22. CONFIDENTIALITY

22.1 Save as provided in this Agreement each party shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are confidential and have been disclosed by one party to the other. Each party shall restrict disclosure of such confidential material to such of its employees as need to know the same for the purpose of discharging its obligations under the Agreement and shall ensure that such employees are subject to corresponding obligations of confidentiality.

23. INDEMNIFICATION

23.1 Client agrees to indemnify and hold harmless New Heights Digital Solutions, its employees, directors, heirs and assigns against all liability, loss, damage and expense of any nature, including attorneys’ fees, arising out of the publishing, distribution, or transmission of any advertisement submitted by or on behalf of the Client or the linkage of any advertisement to any other material.

24. SEVERABILITY

24.1 If any provision of these Terms is held to be unenforceable, or invalid, for any reason, then that provision is deemed to be modified to the extent required to remedy the unenforceability or invalidity or if it is not possible to remedy the unenforceability or invalidity, that provision is to be severed from these Terms and these Terms will otherwise remain in full force.

25. JURISDICTION

25.1 This Contract shall be governed by the laws of the State of Oregon, United States of America. The parties submit all disputes arising between them to the courts in the State of Oregon, United States of America. and any court competent to hear appeals from those courts of first instance.

26. ENTIRE CONTRACT

26.1 These Terms are the entire agreement between the parties regarding the use of this Website and the purchase of any services and supersedes all previous negotiations, commitments and agreements about the website and the services.