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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.