WARRANTY DISCLAIMER
Customer and/or Third Party Acts
SE Web Solutions is not responsible in any manner for any non-confirming
Services to the extent caused by you or your customers. In
addition, SE Web Solutions is not responsible for
loss or corruption of data in transmission, or for failure
to send or receive data.
No Express or Implied Warranty
ALL
SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY SE WEB SOLUTIONS UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS
OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE
AND AGREE THAT INTERWEB SOLUTIONS,
INC EXERCISES NO CONTROL
OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE
INFORMATION PASSING THROUGH SE WEB SOLUTIONS COMPUTERS,
NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. INTERWEB
SOLUTIONS, INC DOES NOT WARRANT THAT THE OPERATION OF THE
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY
SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO
PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT.
ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS
IS" AND WITHOUT
WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT
LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION
SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, INTERWEB
SOLUTIONS, INC DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU
HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES,
ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY,
AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADESECRET
OR TRADEMARK INFRINGEMENT.
LIMITATION AND EXCLUSION OF LIABILITY
Limitations
IN NO EVENT SHALL SE WEB SOLUTIONS HAVE ANY LIABILITY
WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION,
THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO INTERWEB SOLUTIONS,
INC , DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE
SERVICES. INTERWEB SOLUTIONS, INC SHALL HAVE NO LIABILITY UNDER
THIS POLICY OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF SE WEB SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
ANY EVENT, THE LIABILITY OF INTERWEB SOLUTIONS, INC TO YOU
FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED
TO THE AMOUNT ACTUALLY PAID TO INTERWEB SOLUTIONS, INC BY DURING
THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH
SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF
ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO
BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT
LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR
THE SERVICES SET BY INTERWEB SOLUTIONS, INC UNDER THIS AGREEMENT
HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION
OF RISK. ACCORDINGLY, YOU HEREBY RELEASE SE WEB SOLUTIONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN
EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED
TO THE EXTENT PERMITTED BY LAW.
Interruption of Service
By accepting these terms the you hereby acknowledge and agree
that SE Web Solutions will not
be liable for any temporary delay, outages or interruptions
of the Services. Further, SE Web Solutions shall not be liable for any delay or failure to perform
its obligations.
Maintenance
You hereby acknowledge and agree that SE Web Solutions reserves the right to temporarily
suspend services for the purposes of maintaining, repairing,
or upgrading its systems and network. SE Web Solutions will use best efforts to notify
you of pending maintenance however at no time is under any
obligation to inform you of such maintenance.
INDEMNIFICATION
You
will defend, indemnify and hold harmless SE Web Solutions and its officers, directors, shareholders, employees,
consultants, agents, affiliates and suppliers (an "Indemnitee")
from any and all threatened or actual claims, demands, causes
of action, suits, proceedings (formal or informal), losses,
damages, fines, penalties, liabilities, costs and expenses
of any nature, including attorneys' fees and court costs, sustained
or incurred by or asserted against any Indemnitee by any person,
firm, corporation, governmental authority, partnership or other
entity by reason of or arising out of or relating to: (i) your
violation or breach of any term, condition, representation
or warranty of this Agreement or any applicable policy or guideline;
(ii) your conduct, including but not limited to your negligence,
gross negligence, or willful misconduct; (iii) your use of
the Services, including any improper or illegal uses; (iv)
any claim by a former employee of yours whose employment has
been or may be terminated in connection with or as a result
of the execution of this policy and performance of the Services
by SE Web Solutions ; or (v)
any claim relating to your services or products, or your installation
and/or use of any third-party software, including but not limited
to advertising, product liability claims or infringement of
any trademark, copyright, patent, trade secrets or nonproprietary
right of a third party (including, without limitation, defamation,
libel, or violation of privacy or publicity).
REFUNDS/EXCHANGES
Professional Consultation
Our professional consultations are confidential and may involve
the devising of marketing strategies, the results of research
conducted on behalf of clients, and the sharing of our expertise
and recommendations. Since the purpose of our professional
consultations is to educate clients so that they may utilize
our information, research, planning and recommendations, we
offer no returns on consultations.
Website Design, Programming and Maintenance
The building of websites for clients normally takes several
weeks, at minimum. Our general procedure for all of our web
design-related services is:
Time Frame: as agreed with client
Fee Payment Schedule:
• 50% to start
• 25% upon client approval of design layout
• 25% upon client final approval of the completed website, prior to launch
(uploading to Internet)
For smaller projects, we may require 50% to start and 50%
upon client approval of the page design layout, or 100% up
front, dependent upon agreement with the client.
Given that, in performing our web design and programming services,
we also provide marketing and Internet marketing consultation,
are in constant communication with our clients throughout the
process and seek their approval at every step before proceeding,
we do not offer refunds on websites.
Again, if you have any questions about this Policy, please
contact us at:
E-mail: admin@sewebsolutions.com. |