Terms of Ordered Services
By ordering the services, the client agrees to be bound by the following terms:
1. Agreement Parties
This Agreement is made between entity providing paid services using VideoWhisper websites (Nica Teodor-Marian Persoana Fizica Autorizata) and you, the client.
This entity is also referenced in this agreement by VideoWhisper.com, VideoWhisper, VideoWhisper websites, we, us, provider, supplier, site owner, consultant.
Service provider is Nica Teodor-Marian Persoana Fizica Autorizata (CUI 29856690, Oras Voluntari, Strada POTCOAVEl Nr. 5, Etaj 2, Ap. 22 B, Camera 1, Judet Ilfov) as authorized consultant, although services may be sold by a reseller.
BlueSnap Inc is a Reseller / Merchant of Record for VideoWhisper.com services when ordered through BlueSnap, as described in “Payment Terms, Processing and Online Stores” section from this agreement.
When ordering with BlueSnap, you are buying services from BlueSnap Inc and this supplier is selling the services to BlueSnap Inc.
2. Services Provided
VideoWhisper agrees to provide consulting services for clients to plan & design own platform/website with the specific features, as presented on VideoWhisper websites (with the live demos).
Proposed technical solutions involve hardware, software, communication technologies and training, know how & assistance to setup / run / configure / customize various features and functionalities on client’s own platform.
Consulting services may include:
– Selection of the most effective technical solutions and technologies for your project. Whether it’s live streaming, video conferencing, or video sharing, we recommend the best technology, web platforms and software, including highly scalable streaming servers and/or We-
bRTC Signaling with STUN/TURN, using own dedicated servers or managed hosted services, WordPress with specific plugin sets for turnkey solutions or integrating packages from GitHub in own platform.
– In-depth analysis and recommendations on hardware & networking requirements, to fit project features, stage and scale. Evaluate your current hosting solutions and suggest alternatives or additions to enhance server/networking capabilities. Help you navigate server software requirements, resource usage estimates, offering advice on optimal technologies, configurations, services for your current project
– Guidance through every step of accessing and utilizing the main features of your platform with detailed instructions, training for configuring your platform to meet your unique needs, ensuring you receive top-tier assistance as per our support terms. Also advise on the best security software, services, and practices to safe- guard your digital presence.
– Periodic or on-demand analysis of client platform from frontend, backend, hosting panel, server: configurations, component combinations and conflicts, integrated services, performance, resources used, vulnerabilities, errors and recommendations, suggestions.
– Analysis of client platform and suggestions aimed at optimizing feature performance and reducing costs. Our goal is to ensure your platform operates at peak efficiency without unnecessary expenditures. That may include select- ing optimal hosting choice for project scale and type, live streaming technologies suitable for project requirements, software packages and services for necessary site features.
– Guidance on incorporating new features like monetization, e-commerce, and e-learning into your platform.
– Consulting services extend to helping you choose the best external service providers for customization, development, and administration services. We aim to connect you with the right resources to enhance your platform’s capabilities.
3. Nature of Services, Scope, Limitations
Plans mainly refer to choosing and obtaining appropriate server hardware & software (from various providers), configurations, website software, services, technologies, installations & integrations to make the advertised features possible and fully functional on own client platform.
Delivery of these plans may include instructions (training) to access / use main features, config- ure for own specific needs, priority support (per support terms on contact pages).
Delivery is online, using support system and may include technical specifications, instruc- tions, options, suggestions, clarifications, train- ing related to technical solutions presented on websites.
Proposed solution capabilities and limitations can be prospected prior to ordering with the on- line demos, free downloads for suggested soft- ware and plugins (in example from WordPress, GitHub repositories), documentation written on the website, tables listing resources and recom- mendations for various usage scenarios. Ser- vices can be ordered for limited time (monthly) and cancelled anytime, without long term com- mitment.
The suggested technical solutions do NOT come preloaded with content. VideoWhisper suggests technical solutions exclusively, and not website content or user data. Turnkey solu- tions refer to the technical features and capabil- ities, not content or business services. VideoWhisper does NOT provide legal or business advice, domain registration, graphic de- sign, marketing, billing processing, site admin- istration or management, reviewing user data or content, registering/configuring client busi- ness/site with 3rd party services.
Consulting services may include assistance with finding or using other services and providers.
Other services may be included as free bonuses or perks, depending on plan and client requirements, to complement contracted ser- vices and improve client satisfaction and long term collaboration.
4. No Generation of Intellectual Property Rights
Consulting services are centered on expert guidance, knowledge transfer, training, without involving the creation or transfer of intellectual property rights.
The information, methodologies, and recommendations shared during our consulting en- gagement are intended strictly for the client’s internal use, on own platform.
5. Payment Terms, Processing and Online Stores
The client agrees to pay the agreed-upon fees, for the services provided, in advance. Clients are required to make payment before the com- mencement of services. Upon successful pay- ment processing which can be first installment from a subscription, the consultant will initiate the provision of the ordered services.
VideoWhisper websites do not collect payment details or process payments. Billing is done us- ing checkout pages hosted by 3rd party online stores, per terms available on their sites and checkout pages. VideoWhisper provides techni- cal consulting services and does not manage or process payment details.
Plan subscriptions can be cancelled anytime from billing site where order was placed. Can- cellation stops automated renewal. If you want to end collaboration please cancel before re- newal because services are not returnable due to their nature.
BlueSnap Inc is a Reseller / Merchant of Record for VideoWhisper products and ser- vices ordered trough BlueSnap services, per their client Terms of Use: “When you use BlueSnap’s Reseller Services to make a purchase either on our own website or those hosted by third parties using the BlueSnap checkout pages, ownership of your purchase will first be transferred to BlueSnap before your order is delivered to you.”
BlueSnap handles global payment processing, end client invoicing, fraud management, compliance and VAT/tax-related matters.
For clarifications see https://support.bluesnap.com/docs/reseller , https://www.bluesnap.com/terms-and-conditions/ .
When ordering from a reseller, you are buying services from the reseller and the supplier is selling the services to the reseller.
By ordering services from a reseller, you ac- knowledge and agree that reseller is the autho- rized merchant of record for the transactions. Any issues related to payments, invoicing or tax matters should be directed to the reseller, whose terms of service and privacy policy also apply to your transaction. You can review re- seller terms of service on their website.
6. Disclaimer
VideoWhisper provides the Services “AS IS” and “AS AVAILABLE”. Except as expressly stated as a “warranty” in this Agreement, and to the maximum extent permitted by Law, Vide- oWhisper does not make any, and expressly disclaims all, express and implied warranties and statutory guarantees with respect to its performance under this Agreement, the Services, Financial Partners, Technology, VideoWhisper Data and the Documentation, including as related to availability, the implied warranties of fit- ness for a particular purpose, merchantability and non-infringement, and the implied war- ranties arising out of any course of dealing, course of performance or usage in trade. Vide- oWhisper is not liable for any losses, damages, or costs that you or others may suffer arising out of or relating to hacking, tampering, or other unauthorized access or use of the Services, or your failure to use or implement anti-fraud or data security measures.
Further, VideoWhisper is not liable for any losses, damages, or costs that you or others may suffer arising out of or relating to (a) your access to, or use of, the Services in a way that is inconsistent with this Agreement or the Documentation; (b) unauthorized access to servers or infrastructure, or to VideoWhisper data or protected data; (c) Service interruptions or stoppages; (d) bugs, viruses, or other harmful code that may be transmitted to or through the Service (e) errors, inaccuracies, omissions or losses in or to any Protected Data or VideoWhisper Data; (f) Content; or (g) your or another party’s defamatory, offensive, fraudulent or illegal conduct.
7. Limitation of Liability
You may not assert any claims for damages arising from these services. To the extent permitted by law, VideoWhisper or representatives shall not be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, even if we knew or should have known of the possibility of such damages, or even if such claim arises out of or is in any way connected with a third party’s unauthorized access to your personal information, regardless of whether such damages are based on con- tract or tort or other theories of liability.
(a) Indirect Damages. To the maximum extent permitted by Law, VideoWhisper will not be liable to you or your Affiliates in relation to this Agreement or the Services during and after the Term (whether in contract, negligence, strict liability or tort, or on other legal or equitable grounds) for any lost profits, personal injury, property damage, loss of data, business inter- ruption, indirect, incidental, consequential, exemplary, special, reliance, or punitive damages, even if these losses, damages, or costs are foreseeable, and whether or not you or Vide- oWhisper have been advised of their possibility. (b) General Damages. To the maximum extent permitted by Law, VideoWhisper will not be li- able to you or your Affiliates in relation to this Agreement or the Services during and after the Term (whether in contract, negligence, strict liability or tort, or on other legal or equitable grounds) for losses, damages, or costs exceeding in the aggregate the greater of (i) the total amount of Fees you paid to VideoWhisper (excluding all pass-through fees levied by Financial Partners) during the 3-month period imme- diately preceding the event giving rise to the liability; and (ii) $100 USD.
8. Confidentiality
For the purposes of this agreement, “Confiden- tial Information” shall include, but not be limited to, any and all information related to the busi- ness, operations, or services of both the Client and the Consultant, including, without limitation, technical and non-technical information, propri- etary information, trade secrets, strategies, de- signs, methodologies, processes, customer lists, marketing plans, project details, and any other information communicated in any form (written, oral, or by any other means) by either party to the other for the purpose of providing or receiving consulting services related to the development, enhancement, or maintenance of websites, servers, platforms, and the imple- mentation of specific capabilities or features, such as live streaming.
Both the Consultant and the Client agree to maintain the confidentiality of the Confidential Information and to use it solely for the purpose of fulfilling their respective roles within the scope of this agreement. Each party shall not disclose, publish, or disseminate the other party’s Confidential Information to any third party, nor use it for the benefit of any entity or individual other than as expressly permitted under this agreement, without the prior written consent of the disclosing party.
9. Indemnification
You agree to defend, indemnify, and hold harmless us and other affiliated parties, from all liabilities, claims, and expenses, including attor- ney’s fees, that arise from your use or misuse of these services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
10. Termination
We reserve the right to terminate this agreement and your use of these services if you violate the Terms or any rules or guidelines posted on the Site.
11. Choice of Law and Jurisdiction
These Terms shall be governed by the laws of the Romania in European Union, without giving effect to any conflict of laws rules, and the sole and exclusive jurisdiction over any dispute be- tween the parties shall be of the courts of com- petent jurisdiction in Romania.
12. Severability and Integration
This contract and any supplemental agree ments, terms, policies, rules and guidelines posted on these sites constitute the entire agreement between you and us.
This supersedes any prior agreements or understandings, whether written or oral, relating to the subject matter herein.
If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable Romanian law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
By ordering the services, the client acknowledges having read, understood, and agreed to these terms and conditions.