專家計劃協議最後修訂日期：2018 年 2 月 19 日 1.概要
This GoDaddy Pro Program Terms of Service Agreement (this “Agreement”) is entered into by and between GoDaddy.com, LLC, a Delaware limited liability company ("GoDaddy") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of GoDaddy Pro Services (“Pro Services”) and Pro Connect (“Pro Connect”), collectively referred to as the GoDaddy Pro Program (“Pro Program”). For the purposes of this Agreement, a freelancer or independent web professional that provides services to individuals in accordance with the Pro Program will be referred to as a “Pro Program Provider(s),” and individuals seeking to engage the services of Pro Program Providers will be referred to as a “Pro Program Customer(s).”
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with GoDaddy's Universal Terms of Service Agreement, which are incorporated herein by reference.
The terms “we”, “us” or “our” shall refer to GoDaddy. The terms “you” or “your” refers to any individual or entity that accepts this Agreement, whether that be as a Pro Program Provider or as a Pro Program Customer. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
GoDaddy 得全權逕行隨時變更或修改本協議和其中所納入的任何政策或協議，且此等變更或修改一旦張貼到 GoDaddy 網站 (本「網站」) 便立即生效。您認可並且同意，(i) GoDaddy 可透過將此等變更或修改張貼到本網站向您進行通知，且 (ii) 您於此等變更或修改生效後 (如本頁面頂端「最新修訂」日期所示) 使用本網站或本服務，即表示您接受本協議的最新修訂版本。若您不同意遵守本協議的最新修訂版本，切勿繼續使用本網站或本服務。此外，GoDaddy 有時可能會透過寄送電子郵件的方式，通知您本協議的變更或修改。因此，您務必隨時更新您的帳戶 (「帳戶」) 之資訊，包括目前使用的電子郵件地址。若您因為電子郵件地址不正確或過期而未收到電子郵件通知，GoDaddy 概不負責。
You agree that this Agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the United States of America.2.專家服務說明
Pro Services offer a streamlined platform that allows Pro Program Providers to purchase, set up, and manage GoDaddy products for Pro Program Customers. Pro Services include: i) Shared Shopping, which allows you to send Pro Program Customers a shopping cart to buy GoDaddy products for their website, ii) Account Access, which allows you to view or administer a Pro Program Customer’s GoDaddy account iii) Site Monitoring, which allows you to monitor a Pro Program Customer’s website’s uptime and server response time, and iv) a direct access line to our GoDaddy Pro technical support representatives.3.專家名錄說明
Only Pro Program Providers that have achieved and been designated “Pro Plus” status by GoDaddy (“Pro Plus Providers”), are allowed to join the Pro Connect. Pro Connect offers a venue for the exchange of information between Pro Plus Provider and Pro Program Customers. More specifically:
For Pro Plus Providers:
- Create a publicly-viewable profile with professional details including name, location, biography, skills, customer reviews, background, availability, representative work, and contact details;
- Receive contact from Pro Program Customers who find the Pro Plus Provider’s profile via the Pro Connect directory; and
- Seek ratings and reviews from previous Pro Program Customers and provide responses to such reviews (but note that Pro Plus Provider cannot delete past reviews).
- Have their publicly-viewable profile accessible via the Pro Connect directory and search results
For Pro Program Customers:
- Submit a request to Pro Plus Provider for assistance in building a website or making changes to an existing website;
- Receive expressions of interest from Pro Plus Provider;
- Contact Pro Plus Provider to discuss the web development project and expression of interest;
- Leave reviews for Pro Plus Provider they have worked with.
Via Pro Connect, Pro Program Customers can easily search, contact, and establish a business relationship with Pro Plus Provider. GoDaddy does not intend to act as an agent for either party and/or facilitate payment processing between the parties.4.帳戶存取權條款
Use of the Pro Program includes functionality that allows the Pro Program Provider to request authorized access rights to accounts of Pro Program Customer(s), or to grant limited or full access of your GoDaddy account to a Pro Program Provider, with whom you have an established business relationship. Any such access or grant is subject to and governed strictly by the terms and conditions of the Account Access Terms of Service, which are incorporated herein by reference.
Account access may be granted on a limited basis, in which case the Pro Program Provider will be able to view the GoDaddy account of the Pro Program Customer, or on a full basis, in which case the Pro Program Provider will be able to purchase GoDaddy products on the Pro Program Customer’s behalf, via the payment method on file in the Pro Program Customer’s account.
Any violation of this Agreement or the Account Access Terms of Service, which will be determined in our sole and absolute discretion, may result in the immediate termination of your access to the Pro Program, criminal prosecution, and/or a civil lawsuit. If the Pro Program is cancelled for any reason, any content or data you have entered into the Pro Program will be lost and will not be recoverable.5.Beta 計劃條款
GoDaddy may elect to offer a pre-release “Beta” version of the Pro Program or a particular feature or features offered within the Pro Program (the “Beta Pro Program”). If the services or feature are offered as a Beta Pro Program, you will be notified that the feature is available in pre-release form only and offered a choice regarding your participation. Should you choose to participate in the Beta Pro Program, you will be able to make use of the pre-release version of the services or feature, and to test various scenarios and use cases within the services.
The services and any features offered in the Beta Pro Program are offered on an "as is" basis without warranty of any kind. By participating in the Beta Pro Program, you agree not to utilize the Beta Pro Program for production or mission critical applications.
Your election to participate in the Beta Pro Program indicates that you are willing to provide feedback to GoDaddy regarding the services and features, and that GoDaddy may contact you to solicit your feedback and opinions regarding the services and features.
GoDaddy may discontinue the Beta Pro Program, or your participation in the Beta Pro Program, at any time and for any reason.6.ManageWP 服務
As a Pro Program Provider, you may have access to use ManageWP. ManageWP is a website management console which allows its users to administer any number of websites including, but not limited to, management, monitoring, backups, deployment, publishing, and security tools. You acknowledge and agree that your use of ManageWP is subject to the terms of service located here, which are hereby incorporated by reference.7.專家計劃供應者的獎勵點數及專家名錄資格
若您是專家計劃供應者，即有機會透過使用專家計劃賺取獎勵點數 (「點數」) 購買產品。您參加 GoDaddy 專家獎勵計劃 (「獎勵計劃」) 時須遵守下方所訂立的獎勵計劃規則：
- 獎勵計劃僅限個人才有參加資格，一個人一次也只能持有一個獎勵計劃帳戶。企業、團體及 (或) 相關實體不得參加獎勵計劃。
- 點數期限政策：客戶必須持有有效的專家計劃帳戶方得保有累積的點數。點數一經累積後有效期限為 2 年。
透過專家計劃完成或推薦他人新購訂單即可賺取點數，在專家計劃帳戶內完成訂單也可賺取點數。您知悉並同意僅有透過專家計劃或您的帳戶進行購買手續後方可賺取點數，透過 1)電話、2) GoDaddy 特惠網域俱樂部或 3) GoDaddy 聯盟實體購買產品則無法賺取點數。
- 訂單一經退款或退費回原始付款方式後，該訂單所產生的點數將會從您的點數餘額中扣除。符合標準的訂單不含任何退費、欠款、退款及調整的部分，並以 GoDaddy.com 及其附屬網站上的購買額扣除銷售稅後的金額為準。
- 購買服務的日期起算三十 (30) 天後才算賺取完成，此時，點數即可兌換為店鋪可用的點數，並能於 GoDaddy.com 上使用。上述點數將兌換為相等價值的美金。
- 點數兌換為 GoDaddy.com 商店點數後，不得兌現，並會在累積 2 年後遭到取消。
- 若有欺詐或濫用之嫌，GoDaddy 保留撤銷點數的權利。
- 專家計劃賺取結構 (簡稱「賺取結構」) 以美元計算，並以您或您的客戶購物車計算所有適用折扣及排除事項後的金額為準。賺取結構之組成得為 (i) 每項商品或服務的百分比率、(ii) 每項商品或服務固定數量，或 (iii) 以上兩者方式混和，目前的賺取結構如下所示：
|符合資格產品 – 專家計劃供應者 符合資格產品 – 專家服務高級會員供應者||
只要在該年份內賺取 2,500 點合乎資格的點數，任何專家計劃供應商皆可符合成為專家服務高級會員的資格。專家計劃供應商在賺取 2,500 點合乎資格的點數後便會自動得到專家服務高級會員資格，並由 GoDaddy 指定成為專家服務高級會員供應商。
專家服務高級會員供應者所得的權益比一般專家計劃供應者要高：具有在專家名錄內建立如第 3 節所述的個人檔案的能力，並能如第 7(b)(vii) 節所述般賺取額外點數的能力。
成為專家服務高級會員後，該狀態將在翌年的 12 月 31 日自動終止；若您在下個年份內另外再賺取 2,500 點符合資格的點數，則可保留狀態。
Without limiting any of our rights and remedies, if:
- You breach this Agreement or any document incorporated by reference;
- GoDaddy determines your actions may pose a risk to GoDaddy or its members;
- As a Pro Program Provider, you receive an average rating of below 4 stars (out of 5) across at least 10 reviews; or
- GoDaddy determines your use of the Pro Program infringes on the intellectual property or legal rights of others.
GoDaddy may immediately and indefinitely revoke your privileges, suspend or close your account(s) and refuse to offer the Pro Program to you, or take any other measures deemed to be appropriate (as determined by GoDaddy in its sole and absolute discretion) to enforce or terminate this Agreement.9. 免責聲明及條款
Although GoDaddy takes certain steps to examine the credentials of a Pro Program Provider, as a Pro Program Customer, you understand that nothing about GoDaddy's Pro Program is intended to replace or override any licensing requirements for an independent web professional. GoDaddy makes no guarantees or representations regarding the skills of Pro Program Providers or the quality of the services that he or she may perform for you. If you elect to retain their services, GoDaddy does not endorse or recommend the services of any particular Pro Program Provider. Anyone using the Pro Program should rely on his or her own independent judgment or, as appropriate, seek the advice of a competent professional in determining the exercise of reasonable care in any given circumstances. It is entirely up to you to evaluate an individual’s qualifications, and to enter into a direct contract or otherwise reach agreement with a Pro Program Provider. Pro Program Providers are not contractors, employees or agents of GoDaddy.
GoDaddy is not involved in the actual contract between a Pro Program Customer and a Pro Program Provider or in the completion of any services. Should there be a dispute between the parties, you must address such dispute directly with the individual you are in contract with.
YOU hereby agree to release, INDEMNIFY, DEFEND AND HOLD HARMLESS GoDaddy AND ANY OF ITS AFFILIATES CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND ASSIGNS FROM AND AGAINST ALL LIABILITIES, CLAIMS, DAMAGES (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES), COST AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CONDUCT, ACT OR OMISSION OF ANOTHER PRO PROGRAM MEMBER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTES BETWEEN YOU AND YOUR DEALINGS WITH ANOTHER PRO PROGRAM MEMBER.
UNDER NO CIRCUMSTANCES WILL GoDaddy AND ANY OF ITS AFFILIATES, CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE BETA PRO PROGRAM OR THE PRO PROGRAM, INCLUDING BUT NOT LIMITED TO YOUR AUTHORIZD OR UNAUTHORIZED ACCESS OF ANY PRO PROGRAM CUSTOMER’S ACCOUNT, OR ANY LOSS OF DATA OR CONTENT YOU MIGHT EXPERIENCE AS A RESULT OF OUR DISCONTINUATION OF THE BETA PRO PROGRAM OR THE PRO PROGRAM FOR ANY REASON.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT GoDaddy OR ANY OF ITS AFFILIATES, CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND ASSIGNS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO THE PRO PROGRAM PROVIDER DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.10. 大小標題；獨立合同條款；可分性
本合約中各大小標題僅為方便參考而使用，不得以任何方式用於將各方達成的協議詮釋或解讀為本協議所未明定的部分。本協議中之每項契約與協議不論基於何種用途，均應詮釋為個別、獨立的契約或協議。如果具備司法管轄權的法院認為本協議之任一條款 (或條款部分內文) 違法、無效或無法執行，本協議的其餘條款 (或條款部分內文) 並不受到影響，應在法律允許的最大範圍內生效和執行。11.定義；衝突
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.12.聯絡我們
If you have any questions about the GoDaddy Pro Program or this Agreement, please contact us at the address below:
GoDaddy Legal Department
14455 North Hayden Rd.
Scottsdale, AZ 85260
Telephone: (02) 7703-9087