Terms and Conditions
1. DEFINITIONS
To ensure clarity and understanding throughout this Agreement, the following terms shall have the meanings ascribed to them below:
- “Company,” “we,” “us,” or “our”: Refers to layang.wingstop.biz.id, the entity operating the Website and providing the services.
- “Website”: Refers to https://layang.wingstop.biz.id/, including all its sub-pages, content, features, and functionalities.
- “User,” “you,” or “your”: Refers to any individual or entity accessing or using our Website or services, including but not limited to visitors, customers, and account holders.
- “Services”: Encompasses all offerings provided by the Company through the Website or otherwise, including consultations, project estimations, design services, installation, maintenance, repair, and any other related activities concerning Home Exterior projects. This can include, but is not limited to, landscaping, roofing, siding, exterior painting, window and door replacement, gutter installation, deck and patio construction, fencing, pressure washing, exterior lighting, driveway paving, masonry work, and smart home exterior integration.
- “Content”: Refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, products, services, or other materials displayed on, transmitted through, or otherwise available on the Website, including user-generated content, articles, blog posts, project galleries, and testimonials.
- “Intellectual Property Rights”: Means all patents, rights to inventions, copyright and related rights, trademarks, service marks, trade names, business names, domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- “Third-Party Services”: Refers to services, products, or content provided by entities other than layang.wingstop.biz.id, which may be linked to, integrated with, or referenced on our Website.
- “Account”: A user account created on the Website to access certain features or services.
2. ACCEPTANCE OF TERMS
By creating an Account, submitting a service request, uploading any Content to the Website, or simply browsing the Website, you hereby explicitly and unequivocally agree to these Terms and Conditions. Your continued use of the Website after any modifications to these Terms signifies your acceptance of the revised Terms. If you do not agree to the complete scope of these Terms, you are expressly prohibited from utilizing this Website and any associated services and must discontinue use immediately. These Terms constitute a legally binding agreement between you and layang.wingstop.biz.id and govern your interaction with our platform and services. It is incumbent upon you to periodically review these Terms to remain informed of any updates or changes.
3. DESCRIPTION OF SERVICES
Layang.wingstop.biz.id specializes in connecting users with professional services and information related to enhancing the exterior of their homes. Our Services are designed to support a wide range of home exterior projects, providing valuable resources and facilitating connections with service providers (which may include our own team or carefully vetted third-party contractors).
Our primary offerings include:
- Consultation and Project Planning: We offer initial consultations to understand your needs, discuss project feasibility, and provide expert advice on various home exterior improvements. This may involve virtual or on-site assessments.
- Quotation and Estimation Services: Based on your project requirements, we provide detailed quotations or estimations for the scope of work, including materials, labor, and timelines.
- Design and Visualization Support: For certain projects, we may offer design services, including conceptual sketches, 3D renderings, or material selection assistance, to help you visualize the final outcome.
- Project Management: For approved projects, we may oversee the entire process from start to finish, coordinating schedules, managing materials, and ensuring quality control.
- Installation and Renovation Services: Our core service offering includes the professional installation, renovation, and repair of various home exterior components. This encompasses, but is not limited to:
- Landscaping: Garden design, hardscaping (patios, walkways), irrigation systems, planting, and lawn care.
- Roofing: Repair, replacement, and installation of various roofing materials (shingles, tiles, metal).
- Siding: Installation and repair of vinyl, fiber cement, wood, and other siding materials.
- Exterior Painting: Comprehensive painting services for all exterior surfaces, including preparation and finishing.
- Windows and Doors: Replacement and installation of energy-efficient windows and stylish exterior doors.
- Gutters: Installation, repair, and cleaning of gutter systems.
- Decks and Patios: New construction, repair, and staining of wooden decks and various patio materials.
- Fencing: Installation and repair of various types of fencing (wood, vinyl, chain-link, ornamental).
- Pressure Washing: Cleaning of exterior surfaces, including driveways, siding, decks, and walkways.
- Exterior Lighting: Design and installation of outdoor lighting solutions for aesthetics and security.
- Driveways and Walkways: Installation and repair of concrete, asphalt, paver, and gravel surfaces.
- Minor Masonry Work: Repair or construction of brick, stone, or concrete structures like mailboxes, small walls, or steps.
- Smart Home Exterior Integration: Consultation and installation of smart devices for exterior use (e.g., smart lighting, security cameras).
- Maintenance and Repair: Ongoing maintenance and repair services to ensure the longevity and performance of your home’s exterior elements.
- Informational Resources: We provide a wealth of information through our blog, articles, and guides, offering tips, trends, and advice on home exterior care and improvement.
Please note that the availability of specific Services may vary based on location, contractor availability, and project scope. While we strive to provide comprehensive services, some specialized projects may require external expertise. We will always communicate the scope of our services clearly before any commitment is made.
4. USER ACCOUNTS AND REGISTRATION
To access certain features of the Website, such as requesting quotes, tracking projects, or saving preferences, you may be required to register for an account (“Account”). When creating an Account, you agree to:
- Provide Accurate Information: You must provide accurate, current, and complete information during the registration process and maintain such information to keep it accurate, current, and complete. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account on our Service.
- Account Security: You are solely responsible for maintaining the confidentiality of your Account credentials (username and password) and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations.
- Eligibility: You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years of age.
- No Sharing: You may not share your Account with any other person. Your Account is for your sole, personal use.
- Termination of Account: We reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Services, or any portion thereof, at our sole discretion, for any reason, including without limitation, if we believe you have violated these Terms or for reasons of inactivity. Upon termination, your right to use the Services will immediately cease.
- Deactivating Your Account: You may deactivate your Account at any time by contacting us via the provided email address ([email protected]). Please note that deactivating your Account may not delete all your Content or information, and some data may be retained in accordance with our Privacy Policy and legal obligations.
5. PRICING, QUOTATIONS, AND PAYMENT TERMS
Our commitment is to provide transparent and fair pricing for our Home Exterior Services. The following terms govern how estimations, quotations, and payments are handled:
- Estimates vs. Quotations:
- Estimates: Initial discussions or preliminary assessments may result in an “Estimate,” which is an approximate cost based on general information provided by you. Estimates are non-binding and subject to change upon a more detailed assessment of the project specifics.
- Quotations: Following a thorough consultation, site visit, and detailed understanding of your project requirements, we will provide a comprehensive “Quotation.” This Quotation will outline the scope of work, materials to be used, labor costs, project timeline, and the total fixed price (or a detailed breakdown of variable costs if applicable). Quotations are generally valid for a specified period (e.g., 30 days) and become binding once accepted by you in writing and any required deposit is made.
- Factors Affecting Price: Prices are influenced by various factors, including the scope and complexity of the project, chosen materials, labor hours, site accessibility, unforeseen conditions (e.g., hidden damage, structural issues), and any specific client requests that deviate from standard procedures.
- Deposit Requirements: For most projects, particularly those involving significant material procurement or labor commitment, a non-refundable deposit will be required upon your acceptance of the Quotation. The deposit amount will be clearly stipulated in your Quotation and serves to secure materials and schedule our services. No work will commence until the required deposit is received.
- Payment Schedule: The remaining balance for the Services will typically be structured into a payment schedule, often tied to project milestones. For instance, payments may be due upon completion of certain phases (e.g., material delivery, project commencement, substantial completion, final handover). The exact payment schedule will be clearly detailed in your Quotation and service agreement.
- Payment Methods: We accept various payment methods, which will be specified in your invoice (e.g., bank transfer, credit card via secure payment gateway). All payments must be made in the currency specified in the Quotation.
- Late Payments: Payments are due on the dates specified in the invoice. Any payments not received by the due date may be subject to a late payment fee, which will be clearly communicated. We reserve the right to halt work on your project if payments are significantly overdue until all outstanding amounts are settled.
- Scope Changes and Change Orders: Any modifications, additions, or reductions to the agreed-upon scope of work after the Quotation has been accepted will require a written “Change Order.” Change Orders will outline the revised scope, impact on price, and adjustments to the project timeline. Both parties must agree to and sign the Change Order before any additional work is performed or changes are implemented.
- Cancellation Policy:
- Cancellation by Client: If you cancel a project after the Quotation has been accepted and a deposit paid, the deposit will typically be non-refundable. If materials have been ordered or work has commenced, you may be liable for additional costs incurred by the Company up to the point of cancellation, including but not limited to labor, restocking fees, and loss of profit.
- Cancellation by Company: While rare, in the event we must cancel a project due to unforeseen circumstances beyond our control (e.g., material unavailability, severe weather conditions preventing work for an extended period, force majeure events), we will endeavor to provide appropriate notice and offer alternatives. If no alternative is suitable, any deposits paid for services not rendered will be fully refunded, excluding any non-recoverable costs already incurred (e.g., custom-ordered materials that cannot be returned).
- Taxes: All prices quoted are exclusive of applicable taxes unless otherwise stated. You are responsible for any sales tax, value-added tax (VAT), or other government-imposed taxes associated with the Services.
- Final Payment and Lien Waivers: Final payment is typically due upon satisfactory completion of the project. Upon receipt of final payment, we will provide any necessary lien waivers or final release documents, confirming that all contractors and suppliers have been paid for the work.
6. CLIENT RESPONSIBILITIES
To ensure the smooth execution of your Home Exterior project and the effectiveness of our Services, you agree to fulfill the following responsibilities:
- Accurate Information: You must provide accurate, complete, and truthful information regarding your property, project requirements, existing conditions, and any relevant history. This includes, but is not limited to, property boundaries, utility line locations, and any known structural issues.
- Site Access: You must grant our personnel, or approved third-party contractors, safe and unrestricted access to your property during agreed-upon working hours for consultations, assessments, material delivery, and the execution of work. It is your responsibility to ensure pets are secured and children are kept away from the work area.
- Permits and Approvals: Unless explicitly agreed otherwise in writing, obtaining any necessary permits, zoning approvals, Homeowners Association (HOA) approvals, or other governmental authorizations required for the project is solely your responsibility. While we may offer guidance, the onus for securing these rests with you. Delay or inability to obtain necessary permits shall not be deemed a breach by the Company.
- Site Preparation: You are responsible for clearing the work area of personal belongings, fragile items, or obstructions that might hinder the work or be damaged. This includes moving vehicles, garden furniture, planters, and ensuring access points are clear. We are not responsible for damage to items left in the work area.
- Utility Identification: You are responsible for clearly identifying the location of all underground utility lines (water, sewer, gas, electricity, communication cables) on your property prior to the commencement of any excavation or ground disturbance work. We may request a “call before you dig” service confirmation number.
- Decision Making and Communication: You agree to make timely decisions regarding material selections, design approvals, and any other project-related choices. Prompt communication is crucial; delays in your responses may impact the project timeline.
- Safety: While on your property, you agree to follow any safety instructions provided by our team. You must inform us of any specific hazards or conditions on your property that could affect the safety of our workers.
- Protection of Valuables: You are responsible for protecting any valuable items, plants, or delicate landscaping features that are in close proximity to the work area. While we take reasonable precautions, we are not liable for incidental damage to unprotected items.
- Payments: Adherence to the agreed-upon payment schedule as outlined in Section 5 is essential. Delays in payment may lead to work stoppages and additional fees.
- Inspection: You, or your authorized representative, are encouraged to inspect the work regularly and raise any concerns promptly. Final inspection and approval will be required upon project completion.
7. INTELLECTUAL PROPERTY RIGHTS
- Company’s Intellectual Property: All Intellectual Property Rights in the Website, its original content (excluding User Content), features, and functionality are and will remain the exclusive property of layang.wingstop.biz.id and its licensors. This includes but is not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, software, and the compilation of all Content on this Website. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of layang.wingstop.biz.id.
- License to User: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content for your personal, non-commercial use, subject to these Terms. Any use of the Website or its Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
- User-Generated Content (UGC):
- You may be able to post, upload, or submit Content to the Website, including but not limited to project photos, testimonials, reviews, and comments (“User Content”).
- By submitting User Content, you represent and warrant that you own or control all rights to your User Content, that your User Content is accurate, that the use of your User Content does not violate these Terms and will not cause injury to any person or entity.
- You grant layang.wingstop.biz.id a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Website and the Company’s business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. This includes, for example, using project photos on our Website, social media, marketing materials, or presentations.
- You understand that even if you delete your User Content, it may persist in backup copies for a reasonable period and may still be accessible by those with whom you shared it or who have saved copies.
- Feedback: If you provide us with any suggestions, comments, ideas, or other feedback (“Feedback”), you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback in any form or media. You agree that we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other Intellectual Property Rights contained in the Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services incorporating such Feedback.
- Copyright Infringement: We respect the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify us at [email protected].
8. USER CONDUCT AND PROHIBITED USES
You agree to use the Website and Services only for lawful purposes and in a manner that does not violate the rights of, or restrict or inhibit anyone else’s use and enjoyment of, the Website. Specifically, you agree not to:
- Violate Laws: Use the Website in any way that violates any applicable local, national, or international law or regulation.
- Infringe Rights: Post, transmit, or otherwise make available any Content that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Harmful Content: Post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Impersonation: Impersonate any person or entity, including, but not limited to, a Company official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Unsolicited Communications: Transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Malicious Software: Transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Interference: Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.
- Data Mining/Harvesting: Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Reverse Engineering: Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
- Unauthorized Access: Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Company server, by hacking, password “mining,” or any other illegitimate means.
- Commercial Use: Use the Website or Services for any purpose beyond personal, non-commercial use, without explicit written consent from the Company. This includes, but is not limited to, reselling or sublicensing our Services, Content, or any part thereof.
- Collection of Personal Data: Collect or store personal data about other users without their express consent.
- Fraudulent Activity: Engage in any fraudulent activity, including making false claims or misrepresentations regarding your home exterior needs or property conditions.
- Overburdening Infrastructure: Inflict an unreasonably large load on the Website infrastructure.
Any breach of this Section may result in the immediate termination of your access to the Website and Services, as well as potential legal action. We reserve the right to investigate and prosecute violations of these Terms to the fullest extent of the law.
9. THIRD-PARTY LINKS AND SERVICES
Our Website may contain links to third-party web sites or services that are not owned or controlled by layang.wingstop.biz.id. These links are provided solely as a convenience to our Users.
- No Endorsement: We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. The inclusion of any link does not imply endorsement by layang.wingstop.biz.id of the site or any association with its operators.
- External Service Providers: In providing our Home Exterior Services, we may engage or recommend trusted third-party contractors, suppliers, or specialized service providers (e.g., specific material suppliers, specialized electricians, or landscapers). While we vet these third parties to the best of our ability, we are not responsible for their individual acts, omissions, or the quality of their independent services. Any direct contracts you enter into with such third parties are solely between you and them.
- User Responsibility: You acknowledge and agree that layang.wingstop.biz.id shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
10. WARRANTIES AND DISCLAIMERS
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. Layang.wingstop.biz.id expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Specifically, in the context of Home Exterior services, we wish to make the following disclaimers clear:
- No Guarantees of Outcome: While we strive for excellence in all our projects, we cannot guarantee specific aesthetic outcomes, exact color matches (due to variations in screens, natural materials, and lighting), or the precise longevity of materials given varying environmental conditions and maintenance practices. Project results may vary depending on existing property conditions, client maintenance, and natural factors.
- Estimates are Not Guarantees: Any cost estimates, timelines, or material quantity estimates provided prior to a signed, detailed Quotation are approximate and subject to change based on further assessment, unforeseen site conditions, material availability, or changes in scope.
- Material Variability: Natural materials (e.g., wood, stone, plants) inherently have variations in color, texture, and pattern. Furthermore, manufactured materials can have slight batch variations. We are not responsible for such natural or manufacturing variations.
- Weather Conditions: Home exterior work is heavily dependent on weather conditions. We disclaim any liability for project delays caused by adverse weather, natural disasters, or other unforeseeable “act of God” events. Such delays may necessitate re-scheduling and could potentially impact overall project timelines and costs (as per Force Majeure clause).
- Hidden Conditions: We are not responsible for pre-existing or hidden conditions on your property that become apparent only after work commences (e.g., unexpected structural damage, underground obstructions, unbeknownst utility lines). Discovery of such conditions may necessitate change orders, additional costs, and project delays.
- Permit and Code Compliance (Client Responsibility): While our work typically adheres to standard building practices, ensuring the necessity and procurement of local building permits and compliance with specific local codes where applicable remains primarily the client’s responsibility, unless explicitly agreed otherwise in a written contract. We disclaim liability for any issues arising from non-compliance where such responsibility rests with the client.
- Third-Party Workmanship: If we recommend or subcontract parts of the work to other specialized third-party contractors, while we will endeavor to ensure their competence, we do not directly warrant their specific workmanship or materials beyond the scope of warranties explicitly offered through our direct engagement.
- No Warranty for Client-Supplied Materials: If you choose to supply materials for the project, we do not provide any warranty or guarantee regarding the quality, suitability, or longevity of those client-supplied materials. Our warranty will only cover the installation labor for such materials.
- Website Content: We do not warrant that the Website will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or that any errors in the Service will be corrected.
- No Professional Advice: Any information on our Website (blog posts, guides, FAQs) is for general informational purposes only and does not constitute professional advice. You should consult with a qualified professional for advice tailored to your specific situation.
11. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event shall layang.wingstop.biz.id, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- your access to or use of or inability to access or use the Website or Services;
- any conduct or content of any third party on the Website;
- any content obtained from the Website; and
- unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Specifically for Home Exterior Services:
- Maximum Liability: Our total cumulative liability to you for any and all claims arising out of or in connection with the Services provided (whether in contract, tort, or otherwise) shall not exceed the total amount paid by you to layang.wingstop.biz.id for the specific Service giving rise to the claim in the twelve (12) months preceding the event giving rise to the liability.
- Exclusion of Damage Types: We are explicitly not liable for damages related to:
- Consequential or Incidental Damages: Loss of enjoyment, inconvenience, temporary relocation costs, loss of use of part of the property, emotional distress, or other indirect losses incurred as a result of a project delay or defect.
- Pre-existing Conditions: Damage or exacerbation of conditions on your property that existed prior to project commencement and were not directly caused by our work.
- Client Negligence: Damages arising from your failure to follow instructions for property maintenance, care, or proper use of installed features.
- Force Majeure Events: Losses or damages caused by events beyond our reasonable control, including but not limited to severe weather, natural disasters, epidemics, pandemics, government actions, labor strikes, material shortages, or utility outages.
- Unforeseen Site Conditions: Damages or costs associated with unforeseen geological conditions, hazardous materials, or other subsurface anomalies not reasonably discoverable during a standard site inspection.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for certain damages. Accordingly, some of the above limitations may not apply to you.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless layang.wingstop.biz.id and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of:
- your use and access of the Service, by you or any person using your account and password;
- a breach of these Terms, including any representations or warranties made by you;
- your User Content;
- your violation of any rights of a third party, including but not limited to Intellectual Property Rights or privacy rights;
- your violation of any applicable law, rule, or regulation;
- any claim that your User Content caused damage to a third party; or
- your engagement in any prohibited conduct as outlined in Section 8.
This indemnification obligation will survive the termination of your Account and these Terms.
13. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including, but not limited to, acts of God (such as severe weather, earthquakes, floods, wildfires, or other natural disasters), war, terrorism, civil unrest, labor disputes (strikes, lockouts), epidemics, pandemics, governmental actions, embargos, national emergencies, material shortages, utility failures, internet service provider failures, or significant disruptions in the supply chain (“Force Majeure Event”).
- Notification: The party affected by a Force Majeure Event shall promptly notify the other party of the occurrence of such event and its estimated duration and impact on its performance.
- Suspension of Obligations: During the period of a Force Majeure Event, the affected party’s obligations under these Terms shall be suspended to the extent that they are affected by the event.
- Mitigation: Both parties shall use their reasonable endeavors to mitigate the effects of the Force Majeure Event and to resume performance of their obligations as soon as reasonably practicable.
- Termination Option: If a Force Majeure Event continues for a period exceeding [e.g., 30 or 60] consecutive days, either party may, by written notice, choose to terminate the affected portion of the Service without penalty. In such cases, any payments made for unrendered services will be appropriately refunded, less any non-recoverable costs incurred by us up to the date of termination directly related to the affected project.
14. TERMINATION
We may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
- Client Termination: You may terminate your Account at any time by following the instructions on the Website or by sending a clear written request to [email protected].
- Effect of Termination: Upon termination for any reason, your right to use the Service will immediately cease. If you wish to terminate your Account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Outstanding Obligations: Termination of your Account or access to the Services will not relieve you of any obligation to pay any outstanding fees or charges for Services rendered prior to the effective date of termination.
15. GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Indonesia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
16. DISPUTE RESOLUTION
In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the breach thereof, or your use of our Website or Services, the parties agree to first attempt to resolve the matter through informal good-faith discussions.
- A. Informal Resolution: The aggrieved party shall send a written notice to the other party, clearly outlining the nature of the dispute. The parties shall then, for a period of thirty (30) days from the date of the notice, diligently attempt to resolve the dispute through direct negotiation or internal company procedures.
- B. Mediation: If the dispute cannot be resolved informally within thirty (30) days, the parties agree to engage in non-binding mediation with a mutually agreed-upon mediator. The costs of mediation shall be shared equally between the parties. Mediation proceedings shall be confidential.
- C. Arbitration (Optional, if agreed upon by both parties): Unless otherwise specified, and if informal resolution and mediation fail, the parties may consider submitting the dispute to binding arbitration. Such arbitration shall be conducted in accordance with the rules of a recognized arbitration body in Indonesia. The decision of the arbitrator(s) shall be final and binding on both parties.
- D. Exclusive Jurisdiction: If informal resolution and mediation fail, and arbitration is not chosen or is otherwise ineffective, you agree that any legal action or proceedings arising between you and layang.wingstop.biz.id shall be brought exclusively in the courts located in Indonesia. You hereby consent to the personal jurisdiction of such courts and waive any claim that such courts are an inconvenient forum.
- E. Exceptions: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its Intellectual Property Rights or to prevent irreparable harm.
17. CHANGES TO TERMS
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
- Notification: We will notify you of any changes by posting the new Terms on this page and updating the “Last Updated” date at the top of these Terms. For material changes, we may also notify you via email (if you have an Account) or through a prominent notice on our Website.
- Your Responsibility: It is your responsibility to review these Terms periodically for changes. Your continued use of the Website and Services after any modifications to these Terms signifies your acceptance of the revised Terms. If you do not agree to the complete scope of the modified Terms, you must discontinue using our Website and services immediately.
18. SEVERABILITY
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, or, if such modification is not possible, it shall be deleted, and the rest of the Terms shall remain in force.
19. ENTIRE AGREEMENT
These Terms and Conditions, together with our Privacy Policy and any other legal notices or additional terms and conditions or policies published by layang.wingstop.biz.id on the Website, constitute the entire agreement between you and layang.wingstop.biz.id concerning the use of the Website and the Services, superseding any prior agreements, understandings, or communications (whether oral or written) relating to the subject matter hereof.
20. PRIVACY POLICY
Your privacy is very important to us. Our Privacy Policy explains how we collect, use, and disclose information about you. By using the Website, you acknowledge and agree that you have read and understood our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy at [Link to your Privacy Policy if you have one, or state it’s being developed].
21. CONTACT INFORMATION
If you have any questions about these Terms, please contact us:
By email: [email protected]