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Terms and Conditions

Last Updated: October 26, 2023

1. Introduction and Agreement to Terms

Welcome to the website builder platform and services of vq.pe ("vq.pe," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website builder platform and the related IT and digital services (the "Services"). Please read these Terms carefully. By creating an account, using our Services, or clicking to accept these Terms, you, the "Client" or "End-Customer," agree to be bound by this legally binding agreement. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Definitions
  • "vq.pe" (Reseller): The trading name and platform operated by vqpe LLC (USA) and Killwalk (India), acting as the authorized reseller and your primary point of contact.
  • "Service Provider" or "MoR": UPLEF FZ-LLC, the principal provider of the underlying technical infrastructure, software, and development services for the platform. UPLEF FZ-LLC is the Merchant of Record (MoR).
  • "Services": The website builder platform, custom development services, hosting, and related digital services provided by the Service Provider and resold by vq.pe.
  • "Merchant of Record (MoR)": The legally recognized entity selling the Services to you. The Merchant of Record for all Services sold through vq.pe is UPLEF FZ-LLC.
  • "Invoice": The legally binding digital invoice issued by UPLEF FZ-LLC as the Merchant of Record.
3. The Merchant of Record Model and Your Direct Contract

3.1. Acknowledgment of MoR Structure: You acknowledge and agree that for all Services purchased through vq.pe:

  • The contractual sale of the Services is a direct relationship between you and UPLEF FZ-LLC as the Merchant of Record (MoR).
  • vq.pe acts as an independent reseller, providing the platform interface, customer support, and facilitating the sale.
  • The legally binding contract for the Services is comprised of (i) these Terms, and (ii) the End User License Agreement / Terms of Service ("EULA/ToS") of UPLEF FZ-LLC, which you are required to accept.

3.2. Implications of the MoR Model: As the MoR, UPLEF FZ-LLC is solely responsible for:

  • Payment processing and liability for chargebacks or fraudulent transactions.
  • Calculating, collecting, and remitting all applicable sales taxes, VAT, GST, and other indirect taxes based on your location.
  • Regulatory compliance for the sale, including consumer protection and data privacy laws.
  • Acting as the Data Controller for personal data collected during the transaction.
4. Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

5. Services, Pricing, and Availability

We resell the Services provided by the Service Provider. All features, availability, and pricing are subject to change. We strive to ensure accuracy but do not guarantee that all information is error-free.

6. Invoicing and Payment

6.1. Invoice Generation: All payments for Services will be processed through the MoR framework. vq.pe will facilitate the creation of a digital Invoice through UPLEF FZ-LLC's system. This Invoice is issued by UPLEF FZ-LLC as the MoR.

6.2. Payment Terms: You agree to pay all invoices by the due date specified. Payments must be made in the currency stated on the Invoice via the methods provided by the MoR's payment gateway.

6.3. Subscription Services: By purchasing a subscription Service, you authorize the MoR to charge your payment method on a recurring basis until you cancel. Fees are non-refundable except as required by law or as stated in our Refund Policy.

7. Intellectual Property Rights

7.1. Service Provider IP: UPLEF FZ-LLC and its licensors retain all right, title, and interest in and to the vq.pe platform, its software, and all related intellectual property. You receive a limited, non-exclusive, non-transferable license to use the platform to create and manage your website(s).

7.2. Your Content: You retain all right, title, and interest in the content you create and upload to your website. You grant vq.pe and the Service Provider a worldwide, royalty-free license to host, store, and display your content solely for the purpose of providing the Services to you.

8. Disclaimer of Warranties and Limitation of Liability

8.1. Disclaimer: THE SERVICES ARE PROVIDED BY THE SERVICE PROVIDER ON AN "AS IS" AND "AS AVAILABLE" BASIS. VQ.PE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.

8.2. Limitation of Liability: VQ.PE'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO THE MERCHANT OF RECORD FOR THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE EVENT. IN NO EVENT SHALL VQ.PE BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES.

9. Termination

We may suspend or terminate your account and access to the Services if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

10. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the Emirate of Ras Al Khaimah and the Federal Laws of the United Arab Emirates. Any disputes shall be subject to the exclusive jurisdiction of the courts of Ras Al Khaimah, UAE.

11. Contact Information

For any questions about these Terms, please contact us at: vq.pe

United States (vqpe LLC)
EIN: 98-1878387 | Entity ID: 2025-001752874
Registered Agent: 30 N Gould St Ste R, Sheridan, WY 82801

India (Killwalk)
GSTIN: 03GVMPS1723R1ZV
Shop No. 9b, Block D1, Delta City, Malerkotla Road, Ludhiana, Punjab 141122

Email: [email protected]