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Disclaimer
Although we aim to ensure that all the information contained on this website is
correct, we cannot offer any guarantee as to the accuracy of any statement. Our
products and services offered on this website are subject to change or
withdrawal without prior notice. We accept no responsibility for poor quality
displays of this site or technical problems caused by frames, portals or older
machines or equipment.
Whilst we aim to ensure that any material, documentations, multi media
presentations or executable files downloaded from this website are free of
viruses, we would strongly advise that you run your own virus check on any
material you download or pages you view whilst visiting this website. We accept
no responsibility for any loss of data or system malfunctions experienced while
viewing this website.
Privacy
Any data we collect from you will be held securely by us for the purposes of
carrying out business with you, or to inform you of news, products and services
that may be of interest to you. You will always have the option to opt out of
newsletters at any time by following the instructions in the newsletter. Your
data will not be passed to any third parties.
We may use cookies to collect and collate certain information to enable us to
provide an improved experience to visitors of this site.
If you feel that your privacy has been infringed, or if you have received any
unsolicited material from us, please contact us
with details of your complaint and will do our best to rectify the situation
immediately.
General terms and conditions
We reserve the right to withdraw any or all services from any client who
infringes these regulations (as set out below) without notice and with immediate
effect. In the event of suspending services, it is not our policy to offer a
refund of any monies paid for services or any part thereof.
General Restrictions on Services and ISP Services
As a professional web host we value an excellent reputation. It is important to
us that our customers use our services and the Internet in general, responsibly
and courteously. Most of our customers do so and seldom need to refer to these
AUPs (Acceptable Use Policies). Nonetheless some people will always ignore the
rules, for this reason we have outlined below what constitutes unacceptable uses
of our service. Breaching this AUP can and may result in the suspension or
termination of your services. Whether you are using one of our free services, or
entering in to a chargable contract with us, you should also read our terms and
conditions which go hand-in-hand with this AUP.
Email
We take ‘spam’ mail very seriously. We reserve the right to instantly suspend
your service if we have evidence to believe the account holder is involved in
unsolicited bulk mailing whilst using our system to carry out their activities.
Mailing Lists
We also take the act of subscribing someone to an electronic mailing list
without their prior consent very seriously. If you are running a mailing list it
is your responsibility to make sure that users whose email addresses are entered
actually want to be subscribed to your mailing list, if we receive complaints
that you are not doing this, we again reserve the right to terminate your
service.
General Unlawful Use
We are dedicated to providing a high-quality services and products to our
clients, which are suitable for all organisations from schools through
charitable institutions and SMEs, right up to multi-national corporations. We do
not discriminate against any potential or existing client, but out of respect to
our clients, and the law we will not tolerate the following unlawful uses of our
services including: (but is not limited to): Drug dealing; pirating; hacking;
cracking; copyright infringement; gambling; distribution of obscene materials;
fraudulent activity; sending a message or having content that is obscene, lewd,
lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass
another person; threatening bodily harm or damage to individuals or groups; We
reserve the right to check system files, email, and other data on our servers
for illegal content and materials, or for any other reasons deemed necessary.
MP3s
MP3s are acceptable on our servers as long as you personally own the copyright
to the material stored therein e.g. You have recorded your band playing your
latest track. We will not tolerate the storage, distribution, promotion or
linking to of illegal MP3s as these MP3 files constitute a breach of
international copyright agreements, such violations shall be taken very
seriously and reported to the appropriate authorities. We reserve the right to
inspect all MP3 files (or files suspected of being MP3s e.g. Zip files
containing them, files with altered extensions).
Pornography
Pornography and sex-related merchandising, or links to such material, even if
legal, is not an acceptable use of our servers and will not be tolerated under
any circumstances.
Abuse of Server Resources
Abuses of our server resources includes (but are not limited to): Running
background tasks without prior written permission; running Chat Rooms Internet
Relay Chat; IRC Bots; daemons and other executable files; receiving more than
500 emails a day. Further more any usage of 10% or greater resource usage (CPU,
Memory etc.) is an undue burden to our system and is not acceptable - If you do
not comply with this ruling then your service may be terminated immediately
without notification (You will have the right to appeal to us and no other
body).
Hacking/Cracking
We reserve the right to report illegal activities to any and all regulatory,
administrative, and/or governmental authorities for prosecution.
The following examples of unacceptable behavior are non-exclusive, and are
provided for guidance purposes. If you are unsure if your actions will be a
violation of our policies please ask us for further advice.
Server broadcast messages or any message sent on an intrusive basis to any
directly or indirectly attached network. Attempt to circumvent any user
authentication or security of host, network, or account. Accessing data not
intended for user. Probing the security of any network. Spawning dozens of
processes. Port scans, ping floods, packet spoofing, forging router information,
Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs,
winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or
BitchX. Any activity, whether or not the intrusion results in the corruption or
loss of data, will be investigated and proper action taken. The presence of any
of these programs, whether or not run, will result in action against the user
including suspension or termination of services held by the user.
We reserve the right to change the Acceptable Use Policy without prior notice or
warning. Non-enforcement of any part of the Acceptable Use Policy does not
constitute consent.
Website production terms and conditions
When you ask us to develop or modify your website, or any other form of internet
software you are contracting with us under the following terms. These terms
refer to you as the client, as the work to be under taken for an agreed fee.
Purpose
The above-named "Client". (Hereinafter referred to as Client) is engaging "Cebu
web design and E-Marketing Solutions." (Hereinafter referred to as 'Cebu web
design and E-Marketing Solutions', as an independent Contractor for the specific
purpose of undertaking a project, (hereinafter referred to as Project), to
develop and deliver a Website Design and/or web applications software that
fulfils the requirements and work described in the "Project Specification",
(hereinafter referred to as "The Specification") issued by Cebu web design and
E-Marketing Solutions. This Project, when completed will have the capability to
be accessed through the medium of the World Wide Web providing Client has also
put in place an acceptable "Hosting Service", (hereinafter referred to as "The
Hosting Service").
Hosting Service Limitation
"The Hosting service" will normally be provided by Cebu web design and
E-Marketing Solutions but shall be contracted for separately, and does not
constitute any part of this agreement. If Client uses a "Hosting Service" not
supplied by us then we cannot guarantee the performance of Project.
Agreement Type
This agreement shall be deemed either as fixed or day rate. The interpretation
of a fixed agreement shall be where the work to be undertaken is fully defined
in specification and taken on at a fixed price. A day rate agreement is for the
purpose of taking on a more flexible working arrangement where work is priced on
the basis of man days used.
Affectivity
This agreement shall be signed by the parties and does not become effective
until signed by Cebu web design and E-Marketing Solutions and until all
considerations have been received by us in accord with the payment terms.
Development
Cebu web design and E-Marketing Solutions development standards are kept under
continuous review, and new software technologies and techniques are regularly
adopted in order to keep our products and services state of the art. Due to the
many diversities of the Internet, we adopt the policy of developing applications
that fit the widest user-base, and most highly regarded operating platforms. We
retain the right to vary or update any design standard at any time. Client
undertakes to inform us prior to commencement of Project if there is a critical
requirement to meet specific performance criteria.
Cebu web design and E-Marketing Solutions will alert Client to any potential
problems associated with operating platforms or web browser compatibility should
this become necessary. Cebu web design and E-Marketing Solutions will use its
best endeavors to optimize performance for the desired user-base, operating
systems etc.
Assignment
If required Cebu web design and E-Marketing Solutions reserves the right and
Client hereby agrees to allow the use of sub-contractors or agents to Project to
work on any aspect.
E-commerce Functionality
Where Project involves E-commerce functionality, Client must ensure that
suitable arrangements are in place to maximize security levels with regard to
financial and personal information relating to the users of Project. This may
necessitate the use of secure electronic protocols, authentication certificates,
encryption etc. and may require the provision of secure server facilities and an
acceptable ISP host and/or the use of a credit card clearing service such as
Netbanx, Worldpay, EPDQ etc.
Client agrees that Client is solely responsible for complying with any laws,
taxes, and tariffs applicable in any way to the Project or any other services
contemplated herein, and will hold harmless, protect, and defend Cebu web design
and E-Marketing Solutions and its Sub-Contractors from any claim, suit, penalty,
tax, fine, or tariff arising from Client's exercise of Internet electronic
commerce and/or any failure to comply with any such laws, taxes, and tariffs.
Copyright and Trademarks
Client unconditionally guarantees that any elements of text, graphics, photos,
designs, trademarks, or other artwork furnished to Cebu web design and
E-Marketing Solutions for inclusion in the Project are owned by Client, or that
Client has permission from the rightful owner to use each of these elements, and
will hold harmless, protect, indemnify and defend Cebu web design and
E-Marketing Solutions and its sub-contractors from any liability (including
legal fees and court costs), including any claim or suit, threatened or actual,
arising from the use of such elements furnished by Client.
Project Copyright
Copyright to Project when completed will be owned by Cebu web design and
E-Marketing Solutions. Client will be assigned rights to use the Project as a
website, once final payment under this agreement and any additional charges
incurred have been paid. Rights to photos, graphics, source code, work-up files,
and computer programs are specifically not transferred to Client, and remain the
property of their respective owners. Cebu web design and E-Marketing Solutions
and its sub-Contractors retain the right to display graphics and other Web
design elements as examples of their work in their respective portfolios.
Completion Date
Cebu web design and E-Marketing Solutions and Client undertake to work together
to complete Project within the timescale defined in the specification. Cebu web
design and E-Marketing Solutions will inform client on project progress and will
always Endeavour to meet the defined milestones. Client must also supply all
source materials to timescales, failure to provide source materials within 30
days of the specified timescales will be sufficient grounds for Cebu web design
and E-Marketing Solutions to cancel the agreement and retain any deposits or
stage payments made thus far as cancellation fees.
Delivery
On completion of Project and receipt of payments due, according to the agreed
terms of payment, Cebu web design and E-Marketing Solutions will put Project
live on the Internet. Cebu web design and E-Marketing Solutions will upload
Project to the agreed web server, and activate domain pointing and email
services etc. Also, on receipt of payment Cebu web design and E-Marketing
Solutions will arrange for the inclusion of Meta Tags and Search Engine
submissions in-line with any such work detailed in the specification.
Ongoing Maintenance
Cebu web design and E-Marketing Solutions will fix all errors notified to Cebu
web design and E-Marketing Solutions in writing within 30 days of the site being
put live on the Internet. If errors are reported after more than 30 days Cebu
web design and E-Marketing Solutions reserves the right to apply a discretionary
charge before implementing any necessary fix. Modifications, extensions or
enhancements will be implemented as necessary upon agreement of the work
required and charged for at the standard rate as laid down in Cebu web design
and E-Marketing Solution's terms and conditions.
Payments
A non-refundable payment of 30% of the total fee is due with order, unless
otherwise agreed, in which case payment is due upon completion of site. Whilst
any payment due under the agreement remains outstanding, Cebu web design and
E-Marketing Solutions shall be entitled at its sole and absolute discretion to
withhold provision of any goods or services it would otherwise be obliged to
provide under the agreement.
Cebu web design and E-Marketing Solutions will issue invoices in respect of work
undertaken on Project in-line with Cebu web design and E-Marketing Solution's
standard Terms and conditions Client is required to settle invoices as the
payment falls due, and Client hereby agrees that Cebu web design and E-Marketing
Solutions may suspend ongoing work until any arrears have been paid. All
payments for website design must be in pounds sterling by cash, check, bankers
draft or money order. The Payments must be made promptly based on Cebu web
design and E-Marketing Solution's standard terms or any overriding terms agreed
in writing specific to Project. Cebu web design and E-Marketing Solutions
reserves the right to remove any Project from viewing on the Internet until
final payment is made. In case collection proves necessary, Client agrees to pay
all fees (including all legal fees and court costs) incurred by that process.
Legal Notice Notwithstanding anything to the contrary contained in this
Agreement, Cebu web design and E-Marketing Solutions does not guarantee or
warrant that the functions and content of Project will be uninterrupted or
error-free.
The entire risk as to the quality and performance of the Project is with Client.
In no event will Cebu web design and E-Marketing Solutions be liable to Client
or any third party for any damages, including, but not limited to, service
interruptions caused by Acts of God, "the Hosting Service" or any other
circumstances beyond the control of Cebu web design and E-Marketing Solutions,
any lost profits, lost savings or other incidental, consequential, punitive, or
special damages arising out of the operation of or inability to operate this
Project, failure of any service provider, of any telecommunications carrier, of
the internet backbone, of any internet servers, your or your site visitor's
computer or internet software, even if Cebu web design and E-Marketing Solutions
has been advised of the possibility of such damages.
This Agreement
This agreement constitutes the sole agreement between Cebu web design and
E-Marketing Solutions and Client regarding this Project. Any additional work not
specified in this Agreement or any other amendment or modification to this
Agreement must be authorized by a written request signed by both Client and Cebu
web design and E-Marketing Solutions. All prices specified in this Agreement
will be honored for 6 months after both parties sign this Agreement. Continued
services after that time will require a new agreement.
Jurisdiction
This Agreement is made subject to the law of England and Wales. Any dispute will
be litigated or arbitrated in the United Kingdom, and Client hereby consents to
the personal jurisdiction of the Courts of England and Wales. Furthermore,
Client waives any right to or claim of sovereign immunity.
Cebu web design and E-Marketing Solutions reserve the right to suspend or cancel
any account and terminate the Services and/or any agreement immediately, without
refund, if you are found to be in breach of this Terms & Conditions Policy.
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Cebu
web design and E-Marketing Solutions - Terms & Conditions
