General Terms of Service web hosting
1.Customer Account, Password and Security. Customer will receive a login and password upon completing AF TECHNOLOGIES account registration process to access the Customer’s website (“Site”) and related database information on AF Technologies partner’s servers. Customer is responsible for maintaining the confidentiality of the login and password, and is fully responsible for all activities that occur under Customer’s password or account. Customer agrees to exit from Customer’s account at the end of each session, and to immediately notify AF Technologies of any unauthorized use of Customer’s login, password, account, or other breach of security. AF TECHNOLOGIES is not liable for any loss or damage arising from Customer’s failure to comply with the terms and conditions of this paragraph.
2.Content. All of Customer’s content, including, without limitation, all text, pictures, sound, graphics, video, links, and other data (“Content”) on the Site shall at all times remain Customer’s property. Customer grants AF TECHNOLOGIES a non-exclusive, worldwide license to the Content to the extent necessary for hosting the Site, and performing other services for which Customer has engaged AF Technologies. Although Customer owns the Content of the Site, AF TECHNOLOGIES reserves the right, in its discretion, to restrict or remove from its servers any Content which violates these Ecommerce Terms and Conditions of Service, or the terms or conditions of any agreement into which these Ecommerce Terms and Conditions of Service have been incorporated by reference, which potentially infringes upon any third party’s property rights, which is potentially in violation of any law, or which is otherwise objectionable. Customer hereby agrees that AF TECHNOLOGIES is allowed uninhibited access to the Site, its object codes, and source codes to carry out its obligations and protect its rights under these Ecommerce Terms and Conditions of Service. Customer represents, warrants and covenants that the Content of the Site is and will be true and correct in all material respects and does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
3.Compatibility. It is Customer’s responsibility to confirm that all hardware and software to be supplied by Customer or its contracted service providers with respect to the Site and its Content are compatible and can be fully integrated with AF TECHNOLOGIES Partners servers, hardware, software and systems. AF TECHNOLOGIES makes no representations, warranties or assurances that Customer’s equipment, software or communication connections will be compatible with AF TECHNOLOGIES Partners servers, hardware, software and systems.
4.Security / Back-ups. AF Technologies will take commercially reasonable steps to prevent unauthorized access to the Site, Content and confidential information stored on AF TECHNOLOGIES partners servers. AF Technologies will back-up the data stored on its servers on a Monthly basis during all weekdays on which AF TECHNOLOGIES corporate offices are open for business.AF Technologies will store such back-ups off-site from its corporate offices.AF TECHNOLOGIES shall have no further duties or obligations with respect to the security or preservation of Customer data or Customer related data.
5.Interruptions in Service. Customer acknowledges and agrees that AF TECHNOLOGIES has the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems, servers and network. AF TECHNOLOGIES will not be liable for any temporary delay, outages or interruptions of its webhosting or ecommerce services, whether planned or unplanned, including, without limitation, planned suspension of service, or service interruptions caused by human error or by mechanical, electronic, communications, hardware, software, or third-party supplier failure. All services provided by AF TECHNOLOGIES under these Ecommerce Terms and Conditions of Service are provided “AS IS” without representation or warranty of any kind. Without limiting the generality of the foregoing, AF TECHNOLOGIES specifically disclaims any warranty that the operation of the services will be uninterrupted or error-free, or completely secure. Notwithstanding the above, upon request,AF TECHNOLOGIES will grant Customer credit for any interruption in service and downtime with respect to the Site which was planned by AF TECHNOLOGIES or which is shown to AF TECHNOLOGIES satisfaction to have been caused by or attributable to AF TECHNOLOGIES.
6.Limitation of Liability. In no event shall AF Technologies have any liability whatsoever for damage, unauthorized access to, alteration, theft or destruction of information provided to AF TECHNOLOGIES, distributed or made available for distribution via the Services, and liability with respect to the same is hereby disclaimed.AF TECHNOLOGIES hereby disclaims and the parties agree that AF TECHNOLOGIES shall have no liability under these Ecommerce Terms and Conditions of Service for lost sales, lost profits, consequential, exemplary, special, incidental, or punitive damages of any kind or nature even if AF TECHNOLOGIES has been advised of the possibility of such damages. In any event, the liability of AF TECHNOLOGIES to Customer for any reason and upon any cause of action shall be limited to the amount actually paid to AF TECHNOLOGIES by Customer under these Ecommerce Terms and Conditions of Service for the period out of which liability arose. This limitation applies to all causes of action in the aggregate, including, without limitation, to breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. The fees for the services set by AF TECHNOLOGIES under these Terms and Conditions of Service have been and will continue to be based upon this allocation of risk. Accordingly, Customer hereby release AF TECHNOLOGIES from any and all obligations, liabilities and claims in excess of the limitation stated in this section.
7.Indemnification. Customer will defend, indemnify and hold AF TECHNOLOGIES harmless from any and all threatened or actual claims, demands, causes of action, suits, proceedings, losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys’ fees and court costs, sustained or incurred by or asserted against AF TECHNOLOGIES by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) Customer’s violation or breach of any terms, conditions, representations or warranties of these Ecommerce Terms and Conditions of Service; (ii) any claim by a purchaser of Customer’s services or products through the Site, including but not limited to product liability claims and claims related to the theft of or unauthorized access to information; and (iii) any claim related to the use of the Site or the Content of the Site, including but not limited to any claim related to infringement of any trademark, copyright, patent, trade secrets or non-proprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity), or claims of damage to software, hardware or systems from viruses or similar items alleged to have originated from the Site or Leman’s servers.
These are the terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by AF TECHNOLOGIES for its clients.
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full. The50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification. Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $75.00 per hour.
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of AF TECHNOLOGIES under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of indore. You and AF TECHNOLOGIES submit to the non-exclusive jurisdiction of the courts in and of indore in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
By using current versions of well supported content management systems such as “Joomla”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify AF TECHNOLOGIES and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce. AF TECHNOLOGIES WEB DESIGNING SERVICE ARE NOT RESPONSIBLE FOR ANY DAMAGE OF DOMAIN,HOSTING BECAUSE WE PROVIDE DOMAIN & HOSTING FROM OTHER THIRD PARTY HOSTING COMP. AF TECHNOLOGIES ARE NOT RESPONSIBLE FOR ANY BUSINESS LOSS FROM SERVICES PROVIDE BY AF TECHNOLOGIES.Plaese Contact us