General and Acceptance
By using the AtEdit Services, you agree to be bound by this Agreement. You are only authorized to use the AtEdit Services if you agree to abide by all applicable laws and to this Agreement. In order to use additional AtEdit Services, you may be required to agree to additional terms and conditions.
Use of Website, Services & Content
Customer hereby represents and warrants to Company, and agrees that during the Term of Service Customer will ensure that:
(i) Customer owns valid licensee of the Customer Content and has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer.
(ii) Customer’s content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any Person, or constitute defamation, invasion of privacy or violation of any right of publicity or any other right of any Person.
(iii) Customer will comply with all applicable laws, rules and regulations regarding the Customer Content and the Customer website and will use the Customer website only for lawful purposes; and
(iv) Customer Content is and will remain free of all computer viruses, worms, trojan and other malicious code.
(v) AtEdit will highlight the customer’s website in the client portfolio page and other digital & print media.
(vi) Customer obliges to give a fair credit to our web design service by allowing a back link to “www.atedit.com” in the footer of the website developed. The customer has an obligation to retain the credit on the website and on any adapted version of the website. If customer wish to opt out, we offer to remove the link from the footer at one time fee that will be additional 30% of the original development cost.
AtEdit warns all clients that plagiarism and breach of copyright are serious offenses. AtEdit has no responsibility or liability for detecting or reporting plagiarized material.
AtEdit will protect your intellectual copyright, classified material and other forms of confidential documents. Customer retain sole copyright, ownership and control over all materials submitted to us for the website.
AtEdit may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion.
AtEdit does not implicitly endorse, recommend, or support the content of your website, unless explicitly agreeing to do so.
Fair Use Policy
Customer obliges not to abuse fair use policy mentioned as below:
(i) Unlimited space & bandwidth defines no restriction of any type for data transfer or storage will be imposed on client website. However, using our hosting for any kind of file sharing purposes will result in suspension.
(ii) Unless specifically mentioned in quote, custom static design website plan is for up-to 10 pages & custom dynamic design website plan is for up-to 30 pages. Deviation of more than 10% from this limit will incur extra cost.
(iii) Each hosted email account has 2GB space. Once inbox passes this quota, new emails will be automatically discarded. The company cannot be liable for any business loss occurred due to this.
(iv) Maintenance and update plans are solely meant for updating the information of the website. These cannot be used for data entry purpose, redesigning the website or changing the primary nature of the website for which it was designed.
Fees, Taxes and Payment
Customer will pay to Company the Service Fees in the manner set forth in the Order. All fees are fully earned when due and non-refundable when paid.
Company may alter the Service Fees
(i) in the manner permitted in the Service Description and
(ii) at any time on or after expiration of the Initial Term by providing ten (10) days prior written notice thereof to Customer.
Unless otherwise specified, invoices for the Service Fees and related charges shall be due and payable within 30 days after the date of the invoice. If any invoice is not paid within 45 days after the date of the invoice, Company may charge Customer a late fee or may terminate service.
Taxes as applicable.
YSM MEDIA LABS RETAINS THE RIGHT TO DISMEMBER THE WEBSITE IF PAYMENT HAS NOT BEEN RECEIVED, OR THAT THE CLIENT HAS BEEN FOUND IN BREACH OF ANY PART OF THE AGREEMENT. YSM MEDIA LABS RETAINS THE RIGHT TO WITHDRAW SERVICES WITHOUT PENALTY OR REFUNDING ANY MONEY PAID IN ADVANCE IF ANY MORALLY COMPROMISING ACTIVITY IS ASSOCIATED WITH THE WEBSITE – LEGAL OR ILLEGAL.
Service Termination & Refund
YSM Media Labs reserves right to terminate service immediately upon the occurrence of any one or more of the following events:
(i) the other party fails to pay when due any amounts required to be paid under this Agreement;
(ii) the other party becomes insolvent, makes an assignment for the benefit of its creditors, institutes or becomes subject to any proceeding under any bankruptcy or similar laws for the relief of debtors, or seeks the appointment of, or becomes subject to the appoint of, any trustee or receiver for all or any portion of such party’s assets.
(iii) if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable.
Customers can anytime terminate the service from AtEdit.
SERVICES PURCHASED ON THE WEBSITE ARE NON-REFUNDABLE. THE TERMS OF EACH PURCHASED SERVICE ARE INDICATED IN THE WEBSITE AND/OR AS PART OF OR DURING THE PROCESS OF PURCHASING SUCH SERVICES. IT IS YOUR OBLIGATION TO VERIFY YOUR ABILITY TO CANCEL A SERVICE PRIOR TO PURCHASING ANY CHARGED SERVICE. COMPANY WILL NOT REFUND ANY AMOUNTS PAID FOR NON-REFUNDABLE CHARGED SERVICES.
Warranty Disclaimer & Limitation of Liability
You agree that your use of the AtEdit website shall be at your sole risk. To the fullest extent permitted by law, AtEdit, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof.
In no event shall AtEdit, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any
(i) errors, mistakes, or inaccuracies of content,
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website,
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or other information stored therein,
(iv) any interruption or cessation of transmission to or from our website,
(v) any bugs, viruses, trojan, or the like which may be transmitted to or through our website by any third party, and/or
(vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the AtEdit website. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction
YOU SPECIFICALLY ACKNOWLEDGE THAT AtEdit SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
AtEdit DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AtEdit WEBSITE OR ANY HYPER-LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AtEdit WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE
AtEdit MAKES NO REPRESENTATIONS THAT THE AtEdit WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE AtEdit WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.