Acceptance of Terms

WEBSITEDESIGNHUB provides its service to you, subject to the following Terms of Service (“TOS”) If you do not accept any of these ‘Terms of Service, please discontinue your access to this Site and/or any Content and/or Service therein.

WEBSITEDESIGNHUB reserves the right to change this Terms of Service at any time without notice to you.

General

WEBSITEDESIGNHUB will carry out work only where an agreement is provided either by email, telephone, mail or fax. WEBSITEDESIGNHUB will carry out work only for Client who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between WEBSITEDESIGNHUB and the Client. This includes telephone and email agreements.

Indemnification Policy

Clients agree to use all WEBSITEDESIGNHUB services and facilities at your own risk. WEBSITEDESIGNHUB specifically disclaims all warranties of merchantability for a particular purpose. In no event shall WEBSITEDESIGNHUB be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Client agrees that it shall defend, indemnify, save and hold WEBSITEDESIGNHUB harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against WEBSITEDESIGNHUB, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, it’s agents, employees or assigns.

Website Design

Whilst every effort will be made to ensure that the website and any scripts or programs are free of errors, WEBSITEDESIGNHUB cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The website, graphics and any programming code remain the property of WEBSITEDESIGNHUB until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by WEBSITEDESIGNHUB remain the copyright of WEBSITEDESIGNHUB and may only be modify, rent, lease, loan, sell, distribute, create derivative works, reproduced or resold with the permission of WEBSITEDESIGNHUB.

WEBSITEDESIGNHUB cannot take responsibility for any copyright infringements caused by materials submitted by the Client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to briefs provided will be carried out at the discretion of WEBSITEDESIGNHUB and reserve the right to charge an according amount for any additions and to extend time should always be allowed to these or further additions. Where no charge is made by WEBSITEDESIGNHUB for such additions, WEBSITEDESIGNHUB accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The Client agrees to make available as soon as it is reasonably possible to WEBSITEDESIGNHUB all materials required to complete the site to the agreed standard and within the set deadline.

WEBSITEDESIGNHUB will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

WEBSITEDESIGNHUB will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.

WEBSITEDESIGNHUB will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the Client or any of the Client’s appointed agents.

WEBSITEDESIGNHUB will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

A deposit of 40% is required with any standard project and 50% for database driven projects before any design work will be carried out. This figure may be higher depending on the website nature and is non-refundable.

Once a website has been designed and completed, the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the Client decides they no longer want the site, they are still obliged to pay for the work that has been done as they have commissioned the work and paid a deposit. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the Client’s satisfaction and no refunds can be offered.

Database, Application and E-Commerce Development

WEBSITEDESIGNHUB cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the Client in ensuring that all software is functioning correctly before use.

Any scripts, applications or software (unless specifically agreed) written by WEBSITEDESIGNHUB remain the copyright of WEBSITEDESIGNHUB and may only be commercially reproduced or resold with the permission of WEBSITEDESIGNHUB.

Where applications or sites are developed on servers not recommended by WEBSITEDESIGNHUB, the Client is expected to provide or seek any information, additional software ,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The Client is expected to test fully any application or programming relating to a site developed by WEBSITEDESIGNHUB before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, WEBSITEDESIGNHUB will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Website Hosting

Client agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Hosting Services ordered by Client. WEBSITEDESIGNHUB will monitor Client’s bandwidth and disk usage. WEBSITEDESIGNHUB shall have the right to take corrective action if Client’s bandwidth or disk usage exceeds the agreed usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Hosting Services.

All accounts are monitored for their use of server resources. If any account is using a high amount of server resources, WEBSITEDESIGNHUB will contact the Client to discuss the issue with them. In serious cases where an account is using a considerably large amount of system resources (memory, CPU etc.), the account may be suspended or script disabled without notice to maintain the smooth running of the server.

It is the Client’s responsibility to do all backups of their site. If, in the unfortunate event, something happens to your files, it is the Client’s responsibility to have a local copy of your files. WEBSITEDESIGNHUB is NOT held liable in any way for any files, money, time, effort, etc lost due to this unfortunate event. WEBSITEDESIGNHUB will attempt to restore them (but is not obligated to) as a gesture of good faith, but make no promises what so ever about whether the files will be brought back successfully or not.

WEBSITEDESIGNHUB is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over WEBSITEDESIGNHUB network by customers or any other users of the WEBSITEDESIGNHUB network (including customers’ customers); and/or over any network – if the message sent advertises or mentions a site hosted on WEBSITEDESIGNHUB server. Client hosting websites or services on our server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their Hosting Service immediately disabled. Hosting Service will not be enabled until such time that Client agree to remove ANY and ALL traces of the offending material immediately.

Hosting accounts can be terminated by WEBSITEDESIGNHUB if they are being misused by the user. WEBSITEDESIGNHUB reserves the right to suspend any web hosting account. The hosting of, reference to or linking to any of the following is not allowed.

• Nudity, pornography, anything of a sexual, or of an obscene nature.
• Violations of any copyright or any other right of any third party.
• Threatening, abusive, harassing, defamatory statements.
• Promotion of illegal activities (info on hacking, cracking, etc).
• Hosting or linking to copyrighted files without permission.
• Information, instructions, or software containing about any kind of virus.
• Hate speech or hate propaganda.
• Scripts or systems that cause server performance to decrease or cause a serious problem with the smooth running of the server.
• Misrepresentation of member’s identity, or the impersonation of anyone.
• Collection of personal information for illegal purposes and/or without users permission.
• Content that is deemed by ReadySpace, in its sole discretion, to be harmful to WEBSITEDESIGNHUB , another company or organisation, or individual.
• Solicitation or sale of any products or services that are harmful & illegal.

WEBSITEDESIGNHUB will not be responsible for any damages your business may suffer. WEBSITEDESIGNHUB makes no warranties of any kind, expressed or implied for services we provide. WEBSITEDESIGNHUB disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by WEBSITEDESIGNHUB and its employees.

Viruses: Software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Client acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Client. Client is aware that the WEBSITEDESIGNHUB may prospectively change the specified rates and charges from time to time.

Website Optimization

Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liablility for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

We use our best effort when optimizing websites and always aim to achieve better ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any moniesto clients in relation to this type of work.

WEBSITEDESIGNHUB reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Payment of Accounts

A deposit is required from any Client before any work is carried out. Deposit will be forfeited in the event of termination by the Client at any point of the project. It is the WEBSITEDESIGNHUB policy that any outstanding accounts for work carried out by WEBSITEDESIGNHUB or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with WEBSITEDESIGNHUB.

Once a deposit is paid and work is completed, you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

Accounts whose amount exceeds 30 days payment are liable to have their Service interrupted or terminated. Such interruption or terminaton do not relieve the Customer of the obligation to pay all outstanding amounts. WEBSITEDESIGNHUB will then pass such cases to the Small Claims Court to pursue payment. Non payment can result in county court judgements (ccj’s) being added to the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

The Customer agrees to pay WEBSITEDESIGNHUB all its reasonable expenses, including attorney and collection agency fees, in enforcing its rights under these terms and conditions.

All non-fully paid services and products remain the property of WEBSITEDESIGNHUB PTE LTD.

Change of Particulars

It shall be the responsibility of the Customer to inform WEBSITEDESIGNHUB in writing of any change in Customer’s personal particulars.

Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Singapore or the country in which you reside.

Your Privacy

We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WEBSITEDESIGNHUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) WEBSITEDESIGNHUB MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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 WEBSITEDESIGNHUB OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBSITEDESIGNHUB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEBSITEDESIGNHUB HAS-BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17MAY NOT APPLY TO YOU.

Copyright

WEBSITEDESIGNHUB respect the intellectual property rights of others and we ask our users to do the same.

General Information

The Terms of Service constitute the entire agreement between you and WEBSITEDESIGNHUB and govern your use of the Service, superceding any prior agreements between you handcar (including, but not limited to, any prior versions of the Terms of Service). You also may be subject to additional terms and conditions that may apply when you use affiliate or aftercare services, third-party content or third-party software. The Terms of Service and the relationship between you and WEBSITEDESIGNHUB shall be governed by the laws of the Singapore without regard to its conflict of law provisions. You and WEBSITEDESIGNHUB agree to submit to the personal and exclusive jurisdiction of the courts located within the Singapore. The failure of WEBSITEDESIGNHUB to exercise or enforce any right or provision of the Terms of Service shall not constitute waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

Violations

Please report any violations of the Terms of Service to our Customer Service Team.

Feedback

We welcome your feedback. Should you feel dissatisfied with any of our goods or services, please contact us.

Last revision: 11 February 2016

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