All services are rendered ensuring its quality. We generally take upfront and subsequent payments. If at any time in the service rendering process, you are not satisfied with the quality of work, you may bring it to our attention. We will investigate and decide about the refund. In general, we will not refund payments on time spent/services rendered, since Graphweb Solution’s charges are based on the hours of work spent on the project. If a customer contravenes Graphweb Solution terms of service, a refund will not be issued in the event of cancellation.
Refunds are only possible if we are unable to render the services to you. The refund will be based on the hours that you have paid for but not used. No refunds will be given for hours spent on research, development, Design and administration.
You are not entitled to a refund of any of our services if you:
You represent to Graphweb Solution and unconditionally guarantee that any elements of text, graphics, photos, Designs, trademarks, or other artwork furnished to Graphweb Solution for inclusion in WebPages are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Graphweb Solution and its subcontractors from any claim or suit arising from the use of such elements furnished by you.
Graphweb Solution respects privacy of its clients. Graphweb Solution will not monitor, edit, or disclose any personal information about your accounts, including hosted content, without your prior consent, unless Graphweb Solution has a good faith belief that such action is necessary to: (a) comply with legal process or other legal requirements of any relevant authority; (b) protect and defend the rights or property of Graphweb Solution; (c) enforce the terms of a Task Order, this Agreement or these Terms and Conditions. You acknowledge and agree that your IP address is transmitted and recorded with each message sent from the Hosting Service.
In this Agreement, “Confidential Information” shall mean any and all technical or business information, including third party information, furnished in connection with this Agreement, in whatever tangible form or medium, or disclosed by you to Graphweb Solution (including, but not limited to, product/service specifications, prototypes, computer files and programs, models, drawings, marketing plans, financial data and personnel statistics). Notwithstanding the termination, expiration or cancellation of this Agreement Graphweb Solution agrees to treat such Confidential Information as confidential for a period of ONE year from the date of receipt of same unless otherwise agreed to in writing by you.
You will keep the details of the Agreement and any such information which you may learn about Graphweb Solution, our business technology and our clientele, strictly confidential and agreed not to disclose it to any third party. Upon termination, cancellation or expiration of this Agreement for any reason or upon request of the disclosing party, all Confidential Information, together with any copies of same as may be authorized herein, shall be returned.
You agree that if Graphweb Solution suffers any loss or there is a failure from your end to meet any of these obligations, you agree to pay us directly and immediately for any proven losses that may occur.
The obligations imposed in this Article shall not apply to any information that: (a) is known to the public (through no act or omission of Graphweb Solution in violation of this Agreement); (b) is lawfully acquired by Graphweb Solution from an independent source having no obligation to maintain the confidentiality of such information; (c) was known to Graphweb Solution prior to its disclosure under this Agreement; (d) was independently developed by the Graphweb Solution; or (e) is required to be disclosed by governmental or judicial order.
The requirements of use and confidentiality set forth herein shall survive the expiration, termination or cancellation of this Agreement.
The entire risk as to the quality and performance of the WebPages and website is with you.
We will not be liable to make any payment to you including the return of deposits either in part or full for any delay or failure to meet any of our obligations under this or any other agreement made to you by either verbal, written or electronic means.
This includes [but is not limited to] any events that are beyond our control such as our computers, technology in general, telecommunication equipment including satellite and internet suppliers.
We are liable to you to cover the contract and services provided to you as long as none of the other points in this contract are broken by you.
You agree to use all Company services and facilities at your own risk and agree to defend, indemnify, save and hold Graphweb Solution harmless from any and all demands, liabilities, losses, costs and claims, including reasonable Attorney’s fees asserted against Graphweb Solution, its agents, its customers, officers and employees, that may arise or result from any services provided or performed or agreed to be performed or any product sold by you, your agent, employees or assigns. You agree to defend, indemnify and hold harmless Graphweb Solution against liabilities arising out of: (a) any injury to person or property caused by any products sold or otherwise distributed in connection with Graphweb Solution server; (b) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; (c) copyright infringement; (d) any defective products sold to customers from Graphweb Solution server and (e) claims arising from omission to inform or implement the updates needed for the site.
You agree that this indemnification extends to all aspects of the work completed by Graphweb Solution, including but not limited to website content and choice of domain name.
Graphweb Solution makes no warranties with regard to the site and its contents. The Company cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
Graphweb Solution is not responsible for any content published on your website that infringes any law, copyright or compliance. Customer is solely responsible for the security, confidentiality and integrity of all the content and messages received, transmitted through or stored on the web/server hosting service.
Graphweb Solution will not be responsible for any damages or losses your business may suffer. Graphweb Solution makes no warranties of any kind, express or implied for services we provide. Graphweb Solution does not back up your data/website and while every attempt would be made in the unlikely event of any corruption or hardware failure. Graphweb Solution disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all services interruptions caused by Graphweb Solution and its employees. Graphweb Solution reserves the right to revise its policies at any time.
If, after handover of files, errors are found in code the Company has created and the standard development platform, or the domain name set-up or hosting set-up have been changed, the Company can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up.
The Company may from time to time recommend to you that updates are needed to your site, including but not limited to new legislation compliance, software compatibility and web standards. The Company reserves the right to quote for any updates as separate work. You agree that the Company is not liable for any failure to inform or implement these updates to their site.
You agree that the Company is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
You agree that the Company is not liable for any bugs, performance issues or failure of third party software as they are open-source softwares distributed under the GPL (“GNU General Public License”) and are maintained and developed by a community of thousands of users and Companies. Any bugs, performance issues or failure with the software will be directed to the respective Development community.
We will not be liable to return any art work to you or any other material that you supply to us for the purpose of providing our services to you.
To maintain the quality of our service to our clients we reserve the right to change these terms and conditions and the nature of our services, which we have agreed to provide to you by giving you at least 28 days written notice. This notice will appear on our website.
You may not transfer any of your rights or obligations under this Agreement to anyone else without our prior or written agreement.
If you wish to write to us, please send your letter to our main office by means of a recorded method. Any other method apart from email with proof of sending will be classed as unsent.
These terms and conditions together with the order schedule, work sheets and any additional attachments form the whole of our agreement. They apply in place of any terms and statement made to you by any Graphweb Solution representative.
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. No waiver of any rights Graphweb Solution has under this Agreement shall be deemed from any failure by Graphweb Solution to enforce any part of this Agreement.
The signatory to this Agreement warrants that he/she has the authority to commit the Customer to this Agreement and further confirms that this Agreement is made between two businesses. If any of the Customer’s payments are made by a credit card which is not in the name of the Customer then the Customer warrants that it has authorised payment to be made in this way and it is for the Customer to reimburse the card holder for any payment made on its behalf.