Terms and Conditions

1. Introduction

Welcome to ApexFinish ("Company", "we", "us", or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website located at https://www.apexfinishwebagency.com (the "Site"), our web design, development, digital marketing, and related services (collectively, the "Services"). By accessing or using the Site or Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you must not access or use our Site or Services.

These Terms apply to all visitors, users, and others who access or use the Site or Services. By accessing or using the Site or Services, you represent and warrant that you have the legal capacity and authority to enter into these Terms and that you are at least 18 years old or the age of majority in your jurisdiction. If you are using the Site or Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these 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 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. By continuing to access or use our Site or Services after those revisions become effective, you agree to be bound by the revised Terms.

2. Definitions

For the purposes of these Terms, the following definitions shall apply:

"Account" means a user account created through the Site that allows access to certain features and Services.
"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with ApexFinish.
"Client" means any individual or entity that purchases or uses our Services.
"Content" means any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, including User Content and ApexFinish Content.
"Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, know-how, and any other intellectual property rights recognized in any country or jurisdiction worldwide.
"User Content" means any Content provided by you or your users through the Site or in connection with the Services.
"ApexFinish Content" means any Content provided by us through the Site or in connection with the Services, excluding User Content.
"Third-Party Content" means any Content provided by third parties through the Site or in connection with the Services.
"Effective Date" means the date on which you first access or use the Site or Services.
"Confidential Information" means any non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

3. Acceptance of Terms

By accessing or using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. Your agreement to these Terms is a condition of your access to and use of the Site and Services. If you do not agree to these Terms, you must not access or use the Site or Services.

These Terms constitute a legally binding agreement between you and ApexFinish regarding your use of the Site and Services. You represent and warrant that you have the legal capacity and authority to enter into this agreement and that you are at least 18 years old or the age of majority in your jurisdiction. If you are using the Site or Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We may require you to register for an Account to access certain features of the Site or Services. When registering for an Account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form. You are responsible for maintaining the confidentiality of your Account credentials 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.

4. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we make changes to these Terms, we will provide notice of such changes by posting the revised Terms on the Site and updating the "Last Updated" date at the top of these Terms. We may also provide additional notice through email or other means if we believe the changes are material.

Your continued use of the Site or Services after the revised Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site and Services.

What constitutes a material change will be determined at our sole discretion, but may include changes to:

Our fees or payment terms
Your rights or obligations under these Terms
The scope of the Services
Our liability or disclaimers
How disputes are resolved

We encourage you to review these Terms periodically for any changes. Your continued use of the Site or Services after any such changes constitutes your acceptance of the new Terms.

5. Eligibility

The Site and Services are intended solely for users who are at least 18 years old or the age of majority in their jurisdiction. By accessing or using the Site or Services, you represent and warrant that you are at least 18 years old or the age of majority in your jurisdiction and that you have the legal capacity and authority to enter into these Terms.

If you are using the Site or Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. You further represent and warrant that the organization is validly existing and in good standing under the laws of its jurisdiction of organization.

We reserve the right to refuse service to anyone for any reason at any time. Without limiting the foregoing, we may terminate or suspend your access to the Site or Services without prior notice or liability if you violate any provision of these Terms or if we believe that your use of the Site or Services is harmful to us, our users, or any third party.

6. Account Registration

Certain features of the Site or Services may require you to register for an Account. When registering for an Account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.

You agree to:

Immediately notify us of any unauthorized use of your Account or any other breach of security
Ensure that you exit from your Account at the end of each session
Not share your Account credentials with any third party
Not use another user's Account without permission
Not create multiple Accounts for the purpose of abusing the Site or Services or gaining an unfair advantage

We reserve the right to refuse registration of, or cancel, any Account at our sole discretion. We may also suspend or terminate your Account if we believe that you have violated these Terms or if we believe that your use of the Site or Services is harmful to us, our users, or any third party.

You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. We will not be liable for any loss or damage arising from your failure to comply with this section.

7. Fees and Payment

Certain Services may require payment of fees. All fees are quoted and payable in the currency specified on the Site or in your agreement with us. You are responsible for paying all fees and applicable taxes associated with your use of the Services in a timely manner.

We reserve the right to change our fees at any time by providing notice to you. Any fee changes will apply to future Services and will not affect Services for which you have already paid.

You authorize us to charge your designated payment method for all fees incurred in connection with your use of the Services. You must provide us with accurate and complete payment information and authorize us to charge your payment method for all fees incurred. If your payment method fails or your Account is past due, we may suspend or terminate your access to the Services.

All fees are non-refundable except as expressly stated in these Terms or as required by law. If you believe that you have been charged incorrectly, you must contact us within 30 days of the charge to request a refund or correction.

We are not responsible for any fees charged by your bank or payment provider, including foreign transaction fees or currency conversion fees.

8. Intellectual Property

The Site and all content, features, and functionality included on or accessible through the Site (including, but not limited to, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software) are the property of ApexFinish or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for your personal, non-commercial use only. This license does not include any right to:

Modify or create derivative works based on the Site or Services
Reverse engineer, decompile, or disassemble any portion of the Site or Services
Remove or alter any copyright, trademark, or other proprietary rights notices from the Site or Services
Use any robot, spider, or other automatic device to monitor or copy the Site or Services
Use the Site or Services for any commercial purpose without our prior written consent

All rights not expressly granted to you in these Terms are reserved by ApexFinish. You acknowledge and agree that any feedback, suggestions, or ideas you provide to us regarding the Site or Services will be the sole property of ApexFinish, and you hereby assign to us all rights, title, and interest in and to such feedback, suggestions, or ideas.

Trademarks, service marks, and logos displayed on the Site are the property of ApexFinish or their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, or logo displayed on the Site without the prior written permission of the owner.

9. User Content

The Site may allow you to submit, post, or display content, including but not limited to text, images, videos, and other materials ("User Content"). You retain all ownership rights in your User Content, but you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Site and our business operations.

You represent and warrant that:

You own or have all necessary rights to your User Content
Your User Content does not infringe or violate any third party's intellectual property rights, privacy rights, or other rights
Your User Content is not defamatory, obscene, pornographic, hateful, or otherwise objectionable
Your User Content does not contain any viruses, Trojan horses, worms, or other harmful components
Your User Content complies with all applicable laws and regulations

We reserve the right, but are not obligated, to monitor, edit, or remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable. We may also disclose your User Content and identity to third parties if we believe that such disclosure is necessary to comply with applicable law, respond to claims, or protect the rights, property, or safety of ApexFinish, our users, or others.

You are solely responsible for your User Content and the consequences of posting or publishing it. We disclaim any responsibility or liability for any User Content posted by you or any third party.

10. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

Using the Site or Services for any illegal purpose or in violation of any local, state, national, or international law
Violating or infringing any third party's intellectual property rights, privacy rights, or other rights
Posting or transmitting any content that is defamatory, obscene, pornographic, hateful, or otherwise objectionable
Impersonating any person or entity, including any employee or representative of ApexFinish
Interfering with or disrupting the Site or Services or servers or networks connected to the Site or Services
Attempting to gain unauthorized access to the Site or Services, other accounts, computer systems, or networks connected to the Site or Services
Using any robot, spider, or other automatic device to monitor or copy the Site or Services
Using the Site or Services to send unsolicited or unauthorized advertising, promotional materials, spam, or other forms of solicitation
Engaging in any activity that could damage, disable, overburden, or impair the Site or Services
Collecting or harvesting any personally identifiable information from the Site or Services

We reserve the right to investigate and take appropriate legal action against anyone who violates this section, including without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.

11. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by ApexFinish. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that ApexFinish 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 websites 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. The inclusion of any link does not imply endorsement by ApexFinish of the site or any association with its operators.

If you decide to access any third-party websites or services linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or services.

12. Disclaimer of Warranties

The Site and Services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You acknowledge that your use of the Site and Services is at your sole risk.

ApexFinish does not warrant that:

The Site or Services will be uninterrupted, timely, secure, or error-free
The results that may be obtained from the use of the Site or Services will be accurate or reliable
The quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations
Any errors in the Site or Services will be corrected

Any material downloaded or otherwise obtained through the use of the Site or Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from ApexFinish or through or from the Site or Services shall create any warranty not expressly stated in these Terms.

13. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall ApexFinish, its affiliates, agents, directors, employees, suppliers, or licensors 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 Site or Services
Any conduct or content of any third party on the Site or Services
Any content obtained from the Site or Services
Unauthorized access, use, or alteration of your transmissions or content

In no event shall ApexFinish's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) exceed the amount paid by you, if any, for accessing or using the Site or Services during the twelve (12) months immediately preceding the date of the claim.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, ApexFinish's liability will be limited to the fullest extent permitted by applicable law.

14. Indemnification

You agree to defend, indemnify, and hold harmless ApexFinish, its affiliates, agents, directors, employees, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

Your use of and access to the Site or Services
Your violation of any term of these Terms
Your violation of any third party right, including without limitation any copyright, property, or privacy right
Any claim that your User Content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Site or Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

15. Termination

We may terminate or suspend your access to the Site or Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Site and Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site and Services.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Governing Law

These Terms shall be governed and construed in accordance with the laws of Ghana, without regard to its conflict of law provisions. You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Cape Coast, Ghana, before one arbitrator. The arbitration shall be administered by the Ghana Arbitration Centre in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.

You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. You further agree that any cause of action arising out of or related to the Site or Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

17. Dispute Resolution

In the interest of resolving disputes between you and ApexFinish in the most expedient and cost-effective manner, you and ApexFinish agree that any dispute arising out of or in any way related to these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect of the relationship between you and ApexFinish, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms.

Exceptions to Arbitration: You and ApexFinish agree that the following claims are not subject to the above arbitration provisions: (1) any claims seeking to enforce or protect, or concerning the validity of, any of your or ApexFinish's intellectual property rights; (2) any claims related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (3) any claim for injunctive relief.

Arbitration Rules and Forum: The arbitration shall be conducted by a single, neutral arbitrator and shall be administered by the Ghana Arbitration Centre pursuant to its rules for commercial arbitration. The arbitration will be conducted in Cape Coast, Ghana, and the arbitrator's decision will be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

18. Entire Agreement

These Terms constitute the entire agreement between you and ApexFinish regarding the use of the Site and Services and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

19. Contact Us

If you have any questions about these Terms, please contact us at:

ApexFinish Web Agency
Cape Coast, Ghana
Email: support@apexfinishwebagency.com
Phone: +233 55 2621 921, +233 50 8453 791

We will respond to all inquiries within 3-5 business days.