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THE FOLLOWING TERMS AND OF SERVICES (TOS) APPLY TO ALL SERVICES PROVIDED BY WEBMARTIS (WM) TO YOU. BY PURCHASING SERVICES FROM WEBMARTIS YOU AGREE TO THESE TERMS OF SERVICES AND CONDITIONS.
Application of Terms
- 1.1. This TOS applies to all Services to be provided by Webmartis to you during the Term. The TOS incorporates the following documents and policies by reference: our Acceptable Use Policy (AUP) and our Privacy Policy. Collectively, they are referred to in this document as the "TOS."
- 1.2. This TOS, together with your Order, represents the entire agreement relating to the Services and supersedes any agreements previously agreed between you and Webmartis, except those covering confidentiality and non-disclosure. Any other contract provisions imposed by you by your own order forms or otherwise are expressly excluded.
- 1.3. Webmartis may alter this TOS at any time without notification to you. However, the current TOS is always available on our website. Your sole remedy in the event that you do not agree to any amendments shall be to provide us with written notice of termination within [10] business days of being notified of the amendment. Only an officer of Webmartis may alter this TOS. No agent of, or person employed by or under contract with, Webmartis has any authority to alter or vary this TOS in any way. No oral explanation or oral information given by any party shall alter this TOS.
General Terms and Conditions
Webmartis is a website design and development company. All the content you find on Webmartis.com is owned by the company, including logos, graphics, site design and images. Once an order is placed with Webmartis, you concur that you are in agreement with and bound by the Terms and Conditions below.
- Any work done by Webmartis for any client, which includes the scripts, coding or software, unless mutually agreed, will be copyright of Webmartis and should not be commercially reproduced or resold without the knowledge and permission of Webmartis.
- Webmartis cannot be held liable for copyright violations caused by materials and content submitted by the client.
- Webmartis will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
- You will conform to the standards and acceptable use policies of Webmartis as set out in our AUP.
- Webmartis may disclose your name and address to a complaining individual if, in our reasonable discretion, it is necessary or appropriate to do so.
- The Services are provided to you as set out in the Order. You bear ultimate responsibility to ensure that the Services are designed to meet your operational, privacy and security needs. Your hardware, software and any other items you deem necessary to use the Services, must be compatible with the Services. You may not terminate an Order based on your inability to use the Services because such a use is incompatible with them.
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. Webmartis also cannot 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
Webmartis does not endorse any links that lands up on its pages.
Copyright and Trademark Infringement
Webmartis.com website and its contents, including, but not limited to all included text, photographs, graphics, illustrations, video, sound, and other material (all these collectively referred to as "Content") are protected under United States and international copyright laws and are the property of Webmartis.com or its third-party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics, and button icons displayed on the Webmartis website are service marks and/or trademarks of Webmartis.com or its third-party licensors. Copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting or using any Content or any marks in any form or by any means without the express written permission of the Company is strictly prohibited and shall violate the international copyright or trademark laws, those of the United States and/or other countries.
Definitions
- "Webmartis" means Webmartis.com and/or any affiliate which shall supply Services to you.
- "End User" is the individual or entity who uses, or to whom you provide your services;
- "Fees" means the charges to be paid by you for the provision of the Services as set out in any Order or, if not set out on the Order, those set out on our website;
- "Objects" means any names, marks or materials and any other information, documents or software which you supply to Webmartis under this Agreement;
- "Order" means the order form or purchase order, including electronic and online forms, or letter signed or submitted by you or on your behalf requesting Services;
- "Server" means the computer server equipment operated by Webmartis in connection with the provision of the Services or operated by a Third Party or to which the Services are provisioned;
- "Service" or "Services" means any and all services provided by Webmartis under this TOS including, without limitation, web design; web development; e-commerce, content management, space hosting, website administration, corporate branding, pay-per-click monitoring, logo design, flash animations, search engine optimization, database and any other services requested by you which may be provided from time to time as set out on the portion of our website describing the individual Service;
- "Site" means the HTML, other code, pictures, and Customer Material, the details of which are set out on the Order, and which is the ultimate goal of the Service;
- "Space" means the area on the Server allocated by Webmartis to you for use by you as a site on the Internet;
- "Term" means the period during which this Agreement binds the parties;
- "TOS" means these terms and conditions, including all documents incorporated by reference;
- "You" and "your" mean the person, firm or company who purchases Services from Webmartis; and
- "We," "us" or "our" means Webmartis or Webmartis.com.