TERMS
& CONDITIONS
Terms
and Conditions for the Provision of Services.
BsmartIT.website (hereinafter referred to as "Bsmart IT
Soft Limited") provides web hosting and web enabled service to people all
around the world. We have the responsibility to protect each client and provide
them with the best service possible. The following guidelines were designed to
ensure that our services remain of the utmost quality. Please read very
carefully before ordering and/or using Bsmart IT services. Once an order is
placed with Bsmart IT, you concur that you are in agreement with and bound by
the terms and conditions below.
- Any work done by Bsmart IT for any client, which
includes the scripts, coding or software, unless mutually agreed, will be
copyright of Bsmart IT and should not be commercially reproduced or resold
without the knowledge and permission of Bsmart IT.
- Bsmart IT cannot be held liable for copyright
violations caused by materials and content submitted by the client.
- Bsmart IT will not be liable for costs incurred,
compensation or loss of earnings due to the failure to meet agreed
deadlines.
- Bsmart IT will not be liable for non execution of
project for certain reasons not in control of IT Chimes.
To the fullest extent permitted at
law Bsmart IT Soft Ltd provide this website and its contents on an 'as is'
basis and we make no warranties until a client enters into an agreement with us
on pay for service basis. Then the agreement of the service will determine the
nature of representations and warranties.
Bsmart IT Soft Ltd seeks to ensure that all material on this site is accurate
and current. However, Bsmart IT Soft Ltd is not responsible for the content of
any external websites which may be linked to from this site.
The following terms and conditions will apply to general web site design
services offered by Bsmart IT Soft Ltd. By ordering services from Bsmart IT
Soft Ltd you are agreeing to the following terms and conditions. If BsmartIT.website
enters into a specific written agreement with you then the details of that
agreement will determine the nature of representations of that particular
agreement relating to payments, deliverables etc.
- We reserve the right to refuse to construct a web site
which we may judge as unfit due to content or otherwise. This includes, but
is not limited by, sites containing adult oriented material such as
pornography, sites which promote hatred towards persons belonging to any
ethnic group, religion or sexual orientation and sites which infringe
copyright.
- The acceptance of a commission shall be deemed as a
contractual agreement between the client and Bsmart IT Soft Ltd.
- Bsmart IT Soft Ltd cannot always guarantee to start
work immediately on a commission but will arrange a date with the client
as to when work can commence.
- All material, both text and images, supplied by the
client and used in the construction of the client's web site, will remain
the client's property. All such material will be assumed to be the
property of the client and free to use without fear of breach of copyright
laws.
- The copyright for all material provided by Bsmart IT
Soft Ltd , such as HTML code, graphics, photographs and text, will remain
the property of Bsmart IT Soft Ltd until such time as payment has been
made in full.
- Bsmart IT Soft Ltd makes every effort to design pages
which display acceptably in the most popular current browsers, but cannot
accept responsibility for pages which do not display acceptably in new
versions of browsers released after pages have been designed.
- Bsmart IT Soft Ltd can accept no responsibility or
liability if any search engine, online directory or search site, submitted
to as part of a web site promotion, chooses not to list a client's web
site.
- Bsmart IT Soft Ltd will initially place the client's
website on one of Bsmart IT Soft Ltd's demonstration servers during
development in order that the client may view and comment upon the
website's progress. When both Bsmart IT Soft Ltd and the client agree that
the website meets the criteria agreed during the commissioning process, Bsmart
IT Soft Ltd will invoice the client for the full amount due for the
commission. On receipt of payment, Bsmart IT Soft Ltd will publish the
website on the client's server, or provide the source code for the site
via a download (or cd-rom disk) for the client to upload.
- If at any point during the Website Development Cycle a
client wishes to cancel, they may do so and the client will be refunded
his payment already made but must not use any of the works done by Bsmart
IT Soft Ltd in any manner.
- If, during the Website Development Cycle, the client
does not supply the content required in order to complete the commission
within a reasonable amount of time, Bsmart IT Soft Ltd may charge extra to
restart work on that project.
- Bsmart IT Soft Ltd expects payment by cheque, credit
card or cash within 07 days of the date on the invoice.
- Any payment returned by the bank or credit card company
will incur a 60 USD administration charge. This will be invoiced and will
be added to the total outstanding debt owed by the customer.
- Bsmart IT Soft Ltd does not undertake to maintain or
update a client's website as part of the design commission. If a client
wishes Bsmart IT Soft Ltd to maintain or update a web site as a separate
commission, Bsmart IT Soft Ltd will negotiate with the client a
maintenance contract appropriate to the amount of work required. Web site
maintenance may also be undertaken on a time and materials basis if the
client so wishes.
- Bsmart IT Soft Ltd reserves the right to alter prices
at any time without notice. If a client has commissioned any services from
Bsmart IT Soft Ltd prior to a change in prices, that commission will not
be subject to any increase, but any subsequent commission may be subject
to an increase.
- By agreeing to these terms and conditions your
statutory rights are not affected.
- Bsmart IT Soft Ltd reserves the right to change or
modify any of the terms and conditions contained in the Terms and
Conditions.
Third
Party Content
We have partners and other suppliers
who provide us with their content. You can use it, but again, only for personal
use and with no changes, unless you get permission directly from that partner. Bsmart
IT also can't take any responsibility for the verifiability or truthfulness of
any claims, warranties or fitness for any particular purpose, whether stated
outright or implied.
Links
to Third Party Sites
Bsmart IT does not endorse any links
that lands up on its pages
Proprietary
Rights
Any trademarks, copyrights or logos
you see on the site are the property of Bsmart IT
Copyright
and Trademark Infringement
We respect the intellectual property
rights of others and we ask our Bsmart IT users to do the same. If you are a
copyright holder and believe that your work has been borrowed/stolen, altered,
illegally copied or misused in any other way, please let us know.
Limitation
of Liability
Only you will be liable for any
illegal activity while you are utilizing the resources of Bsmart IT
TRADEMARKS
Bsmart IT content and other Bsmart
IT graphics, logos, designs, page headers, button icons, scripts, and service
names are registered trademarks.
Backups
and Data Loss
Your use of this service is at your
sole risk. Our backup service runs once a week, overwrites any of our previous
backups made, and only one week of backups are kept. Each User is solely
responsible for all installation, maintenance, security and backup of the
operating system, software, files and data used in the User's Container, as
well as any reinstalls and changes. This service is provided to you as a
courtesy. Bsmart IT is not responsible for files and/or data residing on your
account. You agree to take full responsibility for files and data transferred
and to maintain all appropriate backup of files and data stored on Bsmart IT
servers. Backups. For its own operational efficiencies and purposes, Bsmart IT
from time to time backs up data on its servers, but is under no obligation or
duty to Subscriber to do so under these Terms. IT IS SOLELY SUBSCRIBER'S DUTY
AND RESPONSIBILITY TO BACKUP SUBSCRIBER'S FILES AND DATA ON Bsmart IT SERVERS,
AND under no circumstance will Bsmart IT be liable to anyone FOR DAMAGES OF ANY
KIND under any legal theory for loss of Subscriber FILES AND/or data on any Bsmart
IT server. Bsmart IT will not attempt to back up accounts that exceed 50,000
files or 20 Gigs of space for any reason..
ENFORCEMENT
Investigation
of Violations
Bsmart IT Soft Limited may
investigate any reported or suspected violation of this Agreement, its policies
or any complaints and take any action that it deems appropriate and reasonable
under the circumstance to protect its systems, facilities, customers and/or third
parties. Bsmart IT Soft Limited will not access or review the contents of any
e-mail or similar stored electronic communications except as required or
permitted by applicable law or legal process.
Bsmart IT
Actions
Bsmart IT Soft Limited reserves the right
and has absolute discretion to restrict or remove from its servers any content
that violates this Agreement or related policies or guidelines, or is otherwise
objectionable or potentially infringing on any third party's rights or
potentially in violation of any laws. If we become aware of any possible
violation by you of this Agreement, any related policies or guidelines, third
party rights or laws, Bsmart IT Soft Limited may immediately take corrective
action, including, but not limited to, (a) issuing warnings, (b) suspending or
terminating the Service, (c) restricting or prohibiting any and all uses of
content hosted on Bsmart IT Soft Limited 's systems, and/or (d) disabling or
removing any hypertext links to third party Web sites, any of your content
distributed or made available for distribution via the Services, or other
content not supplied by Bsmart IT Soft Limited which, in Bsmart IT Soft Limited
's sole discretion, may violate or infringe any law or third-party rights or
which otherwise exposes or potentially exposes Bsmart IT Soft Limited to civil
or criminal liability or public ridicule. It is Bsmart IT Soft Limited 's
policy to terminate repeat infringers. Bsmart IT Soft Limited's right to take
corrective action, however, does not obligate us to monitor or exert editorial
control over the information made available for distribution via the Services.
If Bsmart IT Soft Limited takes corrective action due to such possible
violation, Bsmart IT Soft Limited shall not be obligated to refund to you any
fees paid in advance of such corrective action.
Disclosure
Rights
To comply with applicable laws and
lawful governmental requests, to protect Bsmart IT's systems and customers, or
to ensure the integrity and operation of Bsmart IT's business and systems, Bsmart
IT Soft Limited may access and disclose any information it considers necessary
or appropriate, including, without limitation, user profile information (i.e.,
name, e-mail address, etc.), IP addressing and traffic information, usage
history, and content residing on Bsmart IT's servers and systems. Bsmart IT
Soft Limited also reserves the right to report any activity that it suspects
violates any law or regulation to appropriate law enforcement officials,
regulators, or other appropriate third parties.
WARRANTY
DISCLAIMER
Maintenance
You hereby acknowledge and agree
that Bsmart IT Soft limited reserves the right to temporarily suspend services
for the purposes of maintaining, repairing, or upgrading its systems and
network. Bsmart IT Soft limited will use best efforts to notify you of pending
maintenance however at no time is under any obligation to inform you of such
maintenance.
