Terms & conditions
Agreement: The following Terms and Conditions to which you are bound once your order has been accepted by Visiolink. Services: The services as set out on the Digital products section of our website, and as defined in this Agreement Terms: The Terms and Conditions as set out in this Agreement Visiolink “Visiolink”: the company providing the Services to you. Client: The company, sole practitioner or individual who instructs Visiolink With regards to the Services.Application and Variation of these Terms and Conditions (Terms)
These Terms are the terms on which we provide the Services to Client. By using the Services, Client indicates Client’s agreement to be bound by these Terms, whether or not Client is a registered user of the Services. These Terms constitute the Agreement in its entirety and supersede prior Agreements. These Terms may vary from time to time and such new Terms will be published on this web site. Any use after that publication will constitute an acceptance of that modification.
Copyright
All work performed by Visiolink is copyrighted by Visiolink. Client understands that Client has rights only to web publication. Any other reproduction by means of printing and/or transferring to other media may be considered copyright infringement. Copyrights may be purchased outright by Client or subject to limited use. Client also understands that all works, expressly marked or not, are protected by copyright laws. Visiolink will take no responsibility for ensuring material supplied by Client has been authorized for reproduction. Client further warrants that Client either owns or has properly licensed/obtained copyright(s) or copyright permission to any work which Client has supplied for use/reproduction and Client agrees to assume full legal and financial responsibility for any copyright suit or action which may take place regarding materials Client has supplied.
Disclaimer
The information provided here is done so in good faith, but comes with no guarantee of merchantability or fitness for any particular purpose, and no guarantee that the Services will meet specific client requirements.
Payment
All license fees are payable in advance. Accounts are in default of payment if not received within 14 days after date of invoice. Accounts unpaid 30 days after date of invoice may have Services interrupted or terminated. Such interruption does not relieve Client of the obligation to pay Services Agreement Monthly Fees. Accounts in default are subject to an interest charge on the outstanding balance of the lesser of 1.5% per month or the maximum rate permitted by law. Client agrees to pay Visiolink its reasonable expenses, including legal and collection agency fees, incurred in enforcing its rights under this Agreement. Prices are exclusive of any taxes, which may be levied or assessed upon the Services provided hereunder. Client shall pay any such taxes.
In all cases, Visiolink will only begin work on Client’s web development when the license fee is paid in full. All clients have a 48-hour cooling-off period from the time that Visiolink receives a credit card number or a signed order form. After that period, Visiolink is unable to issue refunds for any services rendered. Once payment has been confirmed, Client will be contacted by a client services representative to establish Client’s account.
TRADE PRACTICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION VISIOLINK (a) MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE SERVICES AND EQUIPMENT IT IS PROVIDING, AND (b) DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Certain legislation may imply terms, warranties or conditions that cannot be excluded, restricted or modified. This Agreement must be read subject to those statutory provisions. However, where such provisions apply and Visiolink is so entitled, Visiolink hereby limits its liability to either of the following options at its sole election: (i) in the case of goods, the replacement of the goods or re-supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired; and (ii) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
Web Hosting
Visiolink will ensure that Client’s site is hosted with a reputable host. Visiolink will issue Client with a username and password in order to access the account. Client must take all reasonable steps to maintain the confidentiality of this username and password. If Client reasonably believes that this information has become known to any unauthorized person, Client agrees to immediately inform Visiolink so that the username and password can be changed. In no event will Visiolink be liable to Client for any indirect or consequential loss or damage as a result of disclosure of Client’s username and password to any third party.
Publication Statistics
Visiolink will provide Client with access to a publication statistics package. Client is responsible for viewing the statistics generated from the package, for which purpose Client will be allocated a username and password. The conditions of use for Client’s username and password set out in the Web Hosting section above apply equally to the web statistics username and password.
Publicity
By accepting this Agreement Client acknowledges and automatically authorize Visiolink to use Client’s name and logo for the express and sole purpose of identifying Client as a client of Visiolink in its marketing material, both print and electronic. Client automatically authorizes Visiolink to create a hyperlink from Client’s Web site to Visiolink web sites. Client may elect to withdraw Client’s permission for the use of same, but must do so in writing with 30 days notification for withdrawal of any material from the commercial domain.
Term
This Agreement becomes effective on the date Visiolink receives Client’s license fee payment. At the end of the first 12 months, the agreement will automatically renew unless one month’s notice is received by Visiolink from the Client in writing.
Returns & Refunds
By accepting this Agreement Client accepts to pay the full amount in full for the Visiolink CMS License. We regret that we cannot refund any part of this license or hosting fee in the event of early cancellation from Client’s party.
Re-delegation
From the time that Visiolink delegates a domain name on behalf of a client, there may be a period of between 4 and 72 hours before Visiolink and its related services become live. Systems are in place and all care will be taken to minimize any downtime of Web site, e-mail and related services, but Visiolink does not guarantee nor take any responsibility for Web site and e-mail downtime during this 72-hour period. E-mails will be captured by Visiolink and forwarded to the client once delegation has been completed; however, Visiolink takes no responsibility or cannot be held liable for lost e-mails during this period.
Warranty – Limitation
To the extent permitted by applicable law, all warranties, including but not limited to warranties of merchantability and fitness for a particular purpose, are hereby excluded. The liability of Visiolink, if any, for damages relating to the provision of advice, services, or products will, to the extent permitted by law, be limited to the actual fee paid by the purchaser for such advice, services, or products and will in no event include incidental, indirect, special or consequential damages of any kind. IN NO EVENT SHALL VISIOLINK BE LIABLE TO ANY END-USER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
Trademarks and Intellectual Property Rights
Intellectual Property Rights. Visiolink is the sole and exclusive owner of the Services and products and the underlying software code and all Intellectual Property Rights in relation to the Services and products. All Improvements to the Services and products will remain the property of Visiolink. For the purpose of clarification, components created solely within the Visiolink environment and “plug in” modules, which can operate within the Visiolink environment, are not generally included in the definition of Improvements. Visiolink shall have and retain sole ownership of the Trademarks, including the goodwill pertaining thereto. No Copying, etc. Any licensee shall refrain from copying, reverse engineering, disassembling, decompiling, translating, or modifying the Products, or granting any other person or entity the right to do so.
Acceptable Use Policy
Client accepts sole responsibility for providing content for Client’s Web site and any other connected communications. Client is responsible for ensuring that site content is not illegal, deceptive; inaccurate; defamatory; pornographic, obscene or sexually explicit; discriminatory to any race, ethnic group, religion, or sect; discriminatory or offensive to the disabled or any physically, socially or economically disadvantaged community sector; discriminatory against any persons of a particular gender or sexual persuasion; discriminatory against any professional or trade group; offensive, or derogatory to any person or persons; or likely to in any way interfere with or harm the business of any person or entity or to interfere in any way with the natural course of business. Client further warrants that nothing on Client’s site shall be published in breach of copyright or patent laws; contrary to the terms of any binding Non-Disclosure or Confidentiality Agreement; in breach of any Privacy Act.
Terminations and Suspension of Services
Visiolink may, but shall not be obligated to, immediately and without notice, terminate the provision of services to Client and remove Client’s site in the event that Client is found to have breached any provision of law by the publication of such site, or to have engaged in illegal practices, illegal sale of goods, dangerous, offensive or harmful activities, or if Client has incurred a debt with Visiolink and such termination may take place immediately on detection of such conduct and without notice to Client. Client acknowledges that Client shall have no remedy or recourse against Visiolink, nor shall Client be granted the right to cure, except at the sole discretion of the management of Visiolink. Visiolink may temporarily disconnect the provision of Services without liability on its part for maintaining or upgrading its systems. It may also temporarily terminate the Services to comply with a legal order or request from an emergency service, governmental or other authority. In such circumstances, whilst Visiolink would endeavor to give Client prior notice of termination, we may be unable to do so and are not obliged to do so.
In the event of termination occurring under the terms of this provision, Visiolink shall be entitled to receive payment from Client for services for the Term of Agreement currently in force at the time of such termination. Client expressly waives any statutory or legal rights which conflict with the provisions of this Clause.
Assignment
Visiolink may assign or otherwise transfer this Agreement at any time. Client may not assign or otherwise transfer this Agreement or any part of it without the written consent of Visiolink.
Trade
Client agrees to comply with all requirements for the conduct of business applicable to persons conducting business both in the United States of America and Canada. Client agrees not to breach any export law or trade restriction by the sale or supply of goods or services on Client’s Web site. This Agreement and documents expressed by this Agreement to be incorporated within the Agreement constitutes the entire understanding between Visiolink and Client, the client and save in respect of fraudulent statements, supersedes all prior agreements, arrangements, understandings and representations, whether oral, written or otherwise, made by or between Visiolink and Client.
BY SIGNING THIS AGREEEMENT, THE PURCHASER ACKNOWLEDGES THAT HE OR SHE HAS READ AND UNDERSTANDS THE ENTIRE AGREEMENT
