Interpretation and Definition
In this agreement, the following terms shall have the respective meanings assigned to them: “Agreement” means these Terms and Conditions, Service descriptions, Terms of Use, Payment Terms and the Project Brief and any addenda. In the event of any conflict between the terms of this Agreement for the provision of Services, the details of the Project Brief shall prevail, except for payment terms where the Payment Schedule shall prevail; “Acceze Technology” means www.localhost/acceze, provider of various online web solutions; “Client” means the Company that enters into an agreement with Acceze Technology, its employees, agents, representatives and sub- contractors, to whom the Service is provided as set out in the Project Brief; “You” means any visitor to the Acceze Technology site; “Site” means the Acceze Technology website at www.localhost/acceze; “Commencement Date” means the date of commencement of the Services as set out on the signed Project Brief; “Fees” means the amounts payable by the Client for the Services provided by Acceze Technology as detailed in the Project Brief; “Initial Term” unless otherwise stated in Project Brief means for Web Development contracts. “Payment Terms” means the agreed schedule of payments that the customer shall make to Acceze Technology for the provision of services forming part of these Terms and Conditions; and either 180 days from Commencement Date for SEO, Online Presence Management, PPC, Social Media, or a combination thereof, and unique contracts and 365 days from the Commencement Date “Services” means the services that Acceze Technology currently offers, details of which are on the Acceze Technology website and the services to be provided by Acceze Technology to the Client as specified in the Project Brief.
Wen We Collect Your Information
We collect your personal information when you register on our company website, place an order or enter information on our site.
General
This Agreement is by and between Acceze Technology, its Clients their heirs, assigns, agents and contractors and Users of Acceze Technology’s website and is made effective as of the date of electronic execution. By accessing the Acceze Technology website, you acknowledge and agree that you have read, understood, acknowledged and agreed to be bound by all the terms and conditions of this Agreement.
Terms of Use
1. License
By offering this site for use, Acceze Technology provides a worldwide, nonexclusive, nontransferable, revocable, limited license to access and make personal use of the information and services on this website, strictly subject to and in accordance with these Terms. Acceze Technology reserves the right to amend or terminate this license at any time and for any reason.
Failure to comply with these Terms may result in automatic termination of this license, without prior notice. Except for the limited license set forth in these Terms, Acceze Technology does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary materials.
The Acceze Technology name and logos are the intellectual property of Acceze Technology and may not be used without our written consent. You agree that all the materials displayed on or available through this website, including without limitation any and all names, logos, data, information, graphics, underlying software, displayed on or available from this website are protected by copyright, trademark and other intellectual property laws and are available for your personal use only. In connection with viewing and using this website, you are permitted to temporarily download one copy of the materials posted on this website onto a single computer for your personal, non-commercial use only.
You must not copy, modify, alter, download, publish, broadcast, distribute, sell or transfer any such materials unless expressly provided for in these Terms or with our express written permission. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you and such information, content or images may be used solely in accordance with these Terms. All copyright and other proprietary notices contained in downloadable materials must be retained.
2. Links to other Website
Links to other websites are provided for your convenience. Acceze Technology does not control these other websites and cannot be responsible for the content or accuracy of the information or other material on these websites. Unless expressly stated on this website, the provision of a link to an external website does not constitute an endorsement or approval of that website or any of the products or services on that website. You should seek independent expert advice if you have any concerns regarding what services, products or solutions may be suitable for you. Acceze Technology will not be liable for any damages or injury arising from your access to such sites or content.
3. Limitations on use of Site
You agree to use the Site only for lawful purposes. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our site and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic devices, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent of Acceze Technology.
Terms of Service
Acceze Technology offers internet & web services that include, but not limited to: Web design/development, Mobile Application Development, search engine optimization (hereinafter “SEO”), Pay Per Click (hereinafter “PPC”), Facebook and other Social Media advertising, Link Building and Online Presence Management.
1. Quote for Provision of Services
All quotes supplied by Acceze Technology are valid for thirty (30) days from the date the quote is provided. Acceze Technology may amend this provision during promotional periods. Acceptance can be provided in writing, via electronic mail, in writing or via fax.
2. Commencement of Services
Acceze Technology will send Client an email requesting additional information for the Project Brief. Acceze Technology will commence work within fourteen (14) days after the date of receipt of information.
Acceze Technology will use its best endeavors to provide Service to Client within a reasonable timeframe. Acceze Technology is not liable for delays to project or anticipated timeframes for delivery of service.
3. Payment Terms
Client agrees to pay a fifty percent (50%) deposit for the Products and Services prior to work commencing on the Project Brief, unless otherwise agreed at Acceze Technology’s discretion. Balance is due upon completion of Project Brief. Invoices are payable within five (5) business days from the date of the invoice.
All payments remitted to Acceze Technology are non-refundable. Any deposits made payable to Acceze Technology will be forfeited in the event of cancellation. Management will review refund requests on a case by case basis. Absolutely no refunds will be made after project commencement.
For SEO, PPC, Online Presence Management, Social Media, and Web Development Contracts, a one-time setup fee will be assessed and payment is required prior to work commencing. Monthly service fees are not included in the setup fee. Client will be billed for each month for the service fee for the contract term and month-to-month thereafter until customer provides Acceze Technology with a written cancellation request. The written cancellation request(s) must be received at least thirty (30) days prior to the effective date of the cancellation. The Initial Term must be fulfilled in order for a cancellation request to be valid. Written cancellation requests must be sent with proof of delivery to the Acceze Technology company address or via e-mail.
If Client provides Acceze Technology with their credit card information, you authorize Acceze Technology to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Acceze Technology’s cancellation policy.
Client may elect to have invoices paid by direct debit. By completing a direct debit request, Client authorizes Acceze Technology to arrange for account funds to be debited from your account.
All payments to Acceze Technology will be made in USD (United States Dollar) or any other currency applicable.
4. Late or Non-Payment
If payment has been declined or has not been made without information, Client’s account will be suspended and a reactivation fee of twenty-five dollars ($25.00) will apply.
For returned checks due to insufficient funds, Acceze Technology reserves the right to request alternate payment method. Any and all returned checks will incur a twenty-five dollar ($25.00) fee for each returned check.
If payment has not been received after 30 days, this will result in termination of our services and any and all work performed will be removed. Cancelled accounts cannot be reactivated and any account history or information will not be retrievable. No refund will be given thereafter. Any payments outstanding covered under the Initial Term will become due in full. Acceze Technology reserves the right to utilize outside agencies to assist in collecting outstanding balances.
5. Client Obligations
Client will provide Acceze Technology with reasonable direct and remote access to its website, and shall provide such other reasonable assistance as Acceze Technology may request, including, but not limited to, providing source code and other statistical, diagnostic information and other relevant information required to enable Acceze Technology to comply with its obligations under this Agreement.
Acceze Technology shall provide the Services during the continuance of this Agreement. Acceze Technology will use reasonable efforts to provide Client with the Services in accordance with the estimated timeline set out in the Project Brief.
Where the Service being provided requires, Acceze Technology will liaise with the relevant web agency, hosting company or other third parties in order to provide the Services. Acceze Technology shall not be liable for any act or omission by the relevant web agency, hosting company or other third parties, if such act or omission results in Acceze Technology breaching its obligations under this Agreement.
Acceze Technology will not make changes to or update a Customer’s website prior to written or verbal consent from the Customer, stating that Acceze Technology have the right to make the agreed changes and the Customer, as the website owner, agrees to and takes full responsibility for those changes being made.
6. Implementation of SEO Service
1. Acceze Technology does not guarantee page placement or page rank.
2. Client acknowledges that Acceze Technology may, as part of the client’s SEO campaign, add links and content to the client’s website. If the client chooses to reject these additions, SEO results may be negligible and client agrees to hold Acceze Technology harmless.
3. Client acknowledges that the SEO service applies only to selected keywords chosen by the Client. Acceze Technology will advise Client to which keywords are most beneficial.
4. Client acknowledges that Search Engine Optimization (“SEO”) is governed by many factors which are outside the direct control of Acceze Technology. Search Engines are third party systems with unknown variables, algorithms and indexing decisions that can change at any time and without notice over which we have no control. Acceze Technology will use best efforts, techniques and accepted standards to improve Client’s Search Engine Ranking but cannot guarantee of #1 ranking of Client’s website on any major Search Engine using Client’s desired keywords. Client further acknowledges that the website’s ranking with a particular Search Term will rely on both the relevancy of that term on your pages, and the popularity of that term on other websites.
5. Client further acknowledges and understands that a website’s rankings may go backwards. Client agrees if this were to happen, no liability will be on Acceze Technology and no refunds or discounts given.
6. Acceze Technology is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
7. Acceze Technology is not responsible for the Client overwriting Acceze Technology’s work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content.
8. Acceze Technology follows a strictly ethical SEO policy and will not be responsible for any bans or search engine suspension for the following:
1. duplicate sites, duplicate content or pages, redirects or doorway pages.
2. link farms or any spanning techniques which may harm the web site’s ranking with Google.
3. Increased traffic or sales.
4. Hidden links
5. Automated web site submission software or websites
2. Client acknowledges that Acceze Technology will add and “Powered by Acceze Technology” link to the footer section of each website they work on. This is Acceze Technology’s branding and to remove it will cost one hundred forty-nine dollars ($149.00).
7. Implementation of PPC
1. Acceze Technology shall provide Client a management service of a designated PPC account in accordance with the terms set out in the Project Brief.
2. Client expressly permits Acceze Technology to create a PPC account on their behalf. Client acknowledges that PPC ads are subject to the designated provider’s Terms and Conditions. Client’s account will be deemed active once a designated provider approves it for online advertising. Acceze Technology is not liable if Client’s account is rejected.
3. Acceze Technology acknowledges that Client owns the designated provider’s Account developed by Acceze Technology. Upon expiration of the term of this agreement, Client may retain the account and its entire configuration.
4. Acceze Technology will send a draft to Client once work is complete. Client agrees to review and approve said draft within ten (10) business days. Acceze Technology is not liable for errors or omissions once the ads are deployed.
8. Implementation of Online Presence Management
1. Acceze Technology does not guarantee any additional business will result from utilizing the Online Presence Management service. The expectation of increased customer traffic does not constitute a guarantee between Acceze Technology and Client.
2. Client agrees to actively participate and provide Acceze Technology any necessary or requested information in a timely fashion. Failure to provide Acceze Technology such information may be construed as a breach of contract by the Client. Client agrees to hold Acceze Technology harmless in the event Client fails to provide necessary or requested information to Acceze Technology.
3. Client acknowledges that directories are maintained by Acceze Technology on a subscription basis and agrees to hold Acceze Technology harmless if the subscription is discounted or stopped for any reason and Client information changes, becomes obsolete, or is no longer accurate.
4. Client acknowledges Acceze Technology is not obligated to provide Client access to directory listings. It is the client’s sole responsibility to maintain its listings after service has been discontinued.
9. Facebook and Social Media Avertising
1. Acceze Technology agrees to promote Client’s company on Facebook® and/or Social Media sites including but not limited to Twitter™, YouTube™, and LinkedIn™ through targeted advertising campaigns per the agreed specifications set out in the Project Brief.
2. Client agrees to provide Acceze Technology with information (ad banners and web site links) within ten (10) working days after the Commencement Date and further agrees that they will comply with any technical specifications provided to the customer by Acceze Technology. Drafts will be sent to Client for approval before being submitted to the relevant site.
3. Client agrees that any images to be used in advertisements will be supplied to Acceze Technology. Client acknowledges that if images are not provided, additional design fees may be payable. Acceze Technology will bill client separately for these additional fees.
4. Client acknowledges that Facebook and other social media sites reserve the right to refuse adverts at any time for any reason, whether or not the same has already been acknowledged and/or previously published, including but not limited to for reasons relating to the contents of the advertisement or any technology associated with the advertisement. Acceze Technology will make every effort to create a substitute advertisement. If the advertisement is rejected due to content, Acceze Technology shall require Client to supply new copy acceptable to aforementioned sites. Acceze Technology cannot be held liable for rejection of ads by third party websites. Client acknowledges that if an advertisement previously accepted and displayed on a social media site is then subsequently removed by said site, prior to the end of the agreed period, that Acceze Technology is not liable for this decision and no refund will be payable.
10. Link Building
1. If requested, Acceze Technology shall provide the link building services as specified on the Acceze Technology website and to the agreed specifications on the Project Brief.
2. The number of links stated in the Project Brief is the number of links that Acceze Technology will provide on the link building report. The number is correct at the point at which the report is generated and quality controlled, whereupon it will be emailed to the Client.
3. Acceze Technology offers no guarantee for the length of time each link will remain live after the point at which it has been confirmed and reported on the Customer link report.
4. Client acknowledges that Acceze Technology is not liable for the content of those sites. Use of any such linked web site is at the Client’s own risk.
5. The inclusion of any link does not imply endorsement by Acceze Technology of the site.
6. Client acknowledges that linking to “bad neighborhoods” or receiving links from “link farms” can seriously damage all SEO efforts. Acceze Technology does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
11. Copywriting
1. Acceze Technology agrees to produce written material for inclusion on Client’s website upon the request of the Client and per the agreed specifications in the Project Brief.
2. Acceze Technology agrees that it will be the sole author of the work, which will be original work by Acceze Technology copywriter, free of plagiarism. Acceze Technology agrees to use reasonable care to ensure that all facts and statements in the work are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party.
3. Client may provide additional copy to Acceze Technology. Client accepts full responsibility for all detail contained in the copy provided to Acceze Technology and agrees to use reasonable care to ensure that all facts and statements in the work are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party.
4. Acceze Technology acknowledges that Client has the right to edit the work in a time frame agreed upon in advance as it deems appropriate for publication, and that Acceze Technology will cooperate with Client in editing and otherwise reviewing the work prior to publication.
5. Client agrees that they are responsible for reviewing the final draft for accuracy to include spelling and grammatical errors, statements and assertions. Acceze Technology is not liable for errors discovered after publication.
12. Web Design and Development
1. Acceze Technology agrees to design and develop a website at Client’s request and will deliver the work by to the agreed specifications in the Project Brief.
2. Client is solely responsible for preparing and posting detailed descriptions of each of its Project Briefs, including providing samples illustrating Client’s creative brief (“samples”), site structure, number of pages required, the applicable deadline, and other relevant terms and conditions. Client agrees to provide information to Acceze Technology within thirty (30) days of signing the agreed Project Brief.
3. Client agrees to supply Acceze Technology with adequate photography or imagery to use in the design; or Acceze Technology may recommend a stock photography bundle to suit the project. Client acknowledges that an additional fee may be assessed for any stock photography we acquire.
4. Client agrees that if it fails to deliver information or content to Acceze Technology to enable development work to commence within thirty (30) days that Acceze Technology may at its discretion consider the project cancelled. Client also agrees that no refund would be payable under this circumstance and will not hold Acceze Technology liable for subsequent breach of this Agreement.
5. Acceze Technology will send Client a “Web Draft” once work is completed. Client agrees to review and test website for grammatical, spelling, graphical errors and coding bugs. Client hereby agrees that it is their sole responsibility to notify Acceze Technology of any such errors during the revision cycle and before the final files have been generated. Client agrees to provide feedback and revisions to Acceze Technology within ten (10) business days after receipt of the draft.
6. Client is responsible for acquiring and purchasing a domain name. Acceze Technology may at its discretion advise Client on suitable names.
7. Client hereby acknowledges that Acceze Technology is not responsible for any errors, grammatical or otherwise found in submitted material Client provides towards the development of the website.
8. Acceze Technology agrees to resolve any errors or implement revisions requested by Client. Client agrees that a maximum of three revisions are available.
9. Client acknowledges that any change requests after final approval has been given to Acceze Technology or after website is live in Production, that Acceze Technology reserves the right to require Client sign a new contract and pay any subsequent fees. Acceze Technology will not commence work on subsequent change requests until full payment has been received.
10. Client acknowledges that Acceze Technology will add a “Powered by Acceze Technology” link to the footer section of each website they work on. This is Acceze Technology’s branding and to remove it will cost one hundred forty-nine dollars ($149.00).
11. Client acknowledges Acceze Technology provides websites on a subscription basis and Acceze Technology retains ownership of the website. At Acceze Technology’s sole discretion, client may have the option to purchase the site from Acceze Technology after the Initial Term has been satisfactorily fulfilled by client.
13. Hosting
1. Client’s website will be hosted on Acceze Technology’s server as long as the website subscription exists and is active without exception.
2. Acceze Technology at its sole discretion may recommend changing Client’s host or server, in order to protect the interests of your web site’s ranking within the Search Engines. Acceze Technology offers no guarantees to interruption of hosting services and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
3. Client acknowledges that Acceze Technology may from time to time be required to perform maintenance, upgrades or replacements to servers. Acceze Technology reserves the right to suspend access to such server during the required time to do the maintenance, upgrade or exchange the server. In this event, Acceze Technology will notify Client via e-mail at least 24 hours before the due date and time for maintenance.
14. Intellectual Property and Copyright
1. The technology and content provided on the Acceze Technology Site, unless specified otherwise is owned by or licensed to Acceze Technology. Content includes but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software.
2. Acceze Technology and its licensors retain all proprietary rights to that content and technology and by continuing to use this website; Client acknowledges said content and technology is protected by Indian and international intellectual property laws.
3. 3 For all content, imagery or photography provided to Acceze Technology in the provision of services, Client hereby warrants:
1. They own the intellectual property rights in that content,
2. That content does not infringe the intellectual property rights of a third party.
3. That content is not fraudulent, stolen, or otherwise unlawful,
4. That content does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, or criminal law),
5. That content is not defamatory, unlawfully threatening or unlawfully harassing and
6. That content does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
7. Acceze Technology reserves the right to refuse any content it considers to be in contravention with any of the above statements.
15. Stock Imagery/Photography
1. Client acknowledges that copyright to any stock imagery or photography used on Client’s websites is retained by the owner.
2. Client acknowledges that such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your website by Acceze Technology. Any editing of the dimensions in which they appear may contravene their usage rights.
16. Truth in Advertising
1. Client hereby warrants that there is nothing in any advertisement or other material provided to Acceze Technology, or in any material to which the advertisement or other material links or refers, that violates any personal or proprietary right of any third party, constitutes false advertising, is harmful, or violates any law or governmental regulation.
2. Client agrees to indemnify and hold harmless Acceze Technology, its employees, directors, heirs and assigns against all liability, loss, damage and expense of any nature, including attorneys’ fees, arising out of the publishing, distribution, or transmission of any advertisement submitted by or on behalf of the Client or the linkage of any advertisement to any other material.
17. Assignment of Intellectual Property to Clent
1. All copyright and other intellectual property rights in any work
2.created, commissioned or otherwise acquired by Acceze Technology during the implementation of any contract between Acceze Technology and Client shall remain with Acceze Technology until full payment has been received.
3. Upon full payment, Acceze Technology hereby agrees to transfer to the Client all rights title and interest in the copyright and other intellectual property rights in all artwork, manuals, information, material reports, source code and other output which is produced, extended or modified during the production of the work outlined.
18. Term of Agreement and Cancellation
1. The Initial Term for the Agreement for Services shall continue as follows unless otherwise mutually agreed upon in writing:
2. 180 days for SEO, Online Presence Management, PPC, Social Media, or a combination thereof, and unique contracts
3. 365 days from the Commencement Date for Web Development contracts
4. Following the Initial Term, this Agreement shall renew at the end of each 30-day period for a successive 30-day term unless either party provides a minimum of thirty (30) days written notice of its intention not to renew or if both parties agree to enter a new contract term for a determined time period.
5. Cancellations become effective thirty (30) days after receipt of written cancellation by Acceze Technology. Client will be notified of the cancellation via email. The Initial Term must be fulfilled in order for a cancellation request to be valid.
6. Client cannot cancel before the end of the initial contract term.
19. Disclaimer of Warranty and Limitation of Liability
1. Acceze Technology warrants that the services provided will at the time of delivery correspond to the specifications provided in the agreed upon Project Brief.
2. Client acknowledges that Acceze Technology does not warrant or make any representations concerning the accuracy of design, content, features, features, functions and performance of any web pages created by Acceze Technology or any advertisement placed on social media websites or otherwise, nor does it warrant or make any representations concerning the accuracy, likely results, or reliability of any optimization services it provides.
3. Client hereby agrees that the responsibility to check the performance, accuracy and quality of any web pages created by Acceze Technology rests solely with them.
4. Client hereby agrees that Acceze Technology is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
5. Client agrees Acceze Technology is not liable for absence of services as a result of illness, natural disasters, acts of God, or holiday.
6. The content on this Site is for general information only and use and is not intended to address your particular requirements. In particular, the content does not constitute any form of advice, recommendation or arrangement by Acceze Technology and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any arrangements made between Client and any third party named on this Site is at Client’s sole risk and responsibility.
7. USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITATION, SMART SEOMAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ACCEZE TECHNOLOGYOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, ACCOUNT PROVIDERS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “SMART SEO”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF ACCEZE TECHNOLOGYSHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, ACCEZE TECHNOLOGYIS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF ACCEZE TECHNOLOGYTO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
1.TERMINATION
1. Client acknowledges and agrees that Acceze Technology, at its sole discretion, may suspend access to this website, suspend services or terminate this Agreement if the Client:
2. fails to pay any sum due under this Agreement and such sum remains unpaid for five (5) days after written notice from Acceze Technology that such sum has not been paid;
3. ceases to carry on business or become insolvent, or have an administrator or receiver appointed or enter into liquidation or enter into any agreement with its creditors; or
4. fails to fulfill any of its obligations under any part of this or any other agreement that it has with Acceze Technology; or
5. interferes with or impairs the Service, or Acceze Technology’s ability to deliver the Services.
6. behaves in a manner found to be unlawful, inconsistent with, or in violation of, the letter or spirit of the terms of this Agreement.
2. CONFIDENTIALITY
1. Save as provided in this Agreement each party shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed by one party to the other. Each party shall restrict disclosure of such confidential material to such of its employees as need to know the same for the purpose of discharging its obligations under the Agreement and shall ensure that such employees are subject to corresponding obligations of confidentiality.
3. INDEMNIFICATION
1. Client agrees to indemnify and hold harmless Acceze Technology, its employees, directors, heirs and assigns against all liability, loss, damage and expense of any nature, including attorneys’ fees, arising out of the publishing, distribution, or transmission of any advertisement submitted by or on behalf of the Client or the linkage of any advertisement to any other material.
4. SEVERABILITY
1. If any provision of these Terms is held to be unenforceable, or invalid, for any reason, then that provision is deemed to be modified to the extent required to remedy the unenforceability or invalidity or if it is not possible to remedy the unenforceability or invalidity, that provision is to be severed from these Terms and these Terms will otherwise remain in full force.
5. JURISDICTION
1. This Contract shall be governed by the Corporate Act 1965, India. The parties submit all disputes arising between them to the courts in the State of Odisha and any court competent to hear appeals from those courts of first instance.
6. ENTIRE CONTRACT
1. These Terms are the entire agreement between the parties regarding the use of this Website and the purchase of any services and supersedes all previous negotiations, commitments and agreements about the website and the services.
