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All services provided by Elegance Electronics (elecom.com) to the Customer are subject to the following terms and conditions.
1. Acceptance. A copy of these terms and conditions is available online and is applicable to all new and existing customers at the time of submission of work to Elegance Electronics, indicating agreement to and acceptance of these Terms and Conditions.
2. Charges. Charges for services to be provided by Elegance Electronics are defined in the invoice for the project proposal. All Web site design services require an advance payment of a minimum of one-third (1/3) of the invoice total before the work is supplied to the Customer for review. The remainder of the invoice total will be due upon completion of the work, as will payment for the first three (3) months of any hosting and/or maintenance services. Elegance Electronics reserves the right to change the rates for ongoing maintenance and hosting services with thirty (30) days advance notification to the Customer. Payment for services is due by cash, check or money order, and should be remitted to Elegance Electronics, 167/D, 2B, Poonawadi, Dadar, Mumbai 400014.
3. Customer Review. Elegance Electronics will provide the Customer with an opportunity to review the appearance and content of Web site materials once they are completed. Such materials will be deemed to be accepted and approved unless the Customer notifies Elegance Electronics otherwise within ten (10) days of the date the materials are made available to the Customer.
4. Turnaround Time. Elegance Electronics will install and publicly post the Customer's Web site by the date specified in the attached project proposal, or if no such date is specified, within three weeks of the date initial payment is received from the Customer, unless a delay is specifically requested by the Customer.
5. Payment. Invoices will be provided by Elegance Electronics upon completion of the work for Web site design services, and at three month intervals for hosting and maintenance services. The Customer may elect to receive either e-mail or hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of one and one-half percent (1.5%) per month of the total amount due.
6. Default. Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on Elegance Electronics's Web space, Elegance Electronics will, at its discretion, remove all such material from its Web space. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer's account. Checks returned for insufficient funds will be assessed a return charge of $25 or Rs. 1200.00 and the Customer's account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay Elegance Electronics reasonable expenses, including attorney fees and costs for collection by third-party agencies, incurred by Elegance Electronics in enforcing these Terms and Conditions.
7. Termination. Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
8. Legal Restrictions. Elegance Electronics's services may be used for lawful purposes only. Submission, transmission, or maintenance of any information or materials in violation of any state or federal statutes and/or regulations is prohibited. This includes, but is not limited to, material legally judged to be threatening or obscene. Elegance Electronics reserves the right to refuse service to the Customer without providing reason or cause.
9. Copyright. Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants Elegance Electronics the rights to publish and use such material. Custom software, Custom artwork and graphic logos designed by Elegance Electronics for use in the Customer's Web presentation will remain the property of Elegance Electronics; at its discretion, Elegance Electronics will grant the Customer rights to use such material in formats other than Web presentations. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting Elegance Electronics permission and rights for use of the same and agrees to indemnify and hold harmless Elegance Electronics from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions. Every contract for Web site design and/or placement shall be regarded as a guarantee by the Customer to Elegance Electronics that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
10. Standard Media Delivery. Unless otherwise specified in the attached project proposal, this Agreement assumes that all text will be provided by the Customer in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg or .tiff format. Additional expenses may be incurred and will be invoiced accordingly for corrective work, conversion of media or outside facility charges. Although every reasonable attempt shall be made by Elegance Electronics to return to the Customer any images or printed material provided for use in creation of the Customer's Web site, such return cannot be guaranteed.
11. Licensed Code. The Customer's Web site may include code elements created for the Customer based on "tool boxes" of techniques and pre-developed code which are the property of Elegance Electronics. This software technology is licensed to the Customer for a one-time fee and is limited to installation and usage by the Customer only on one site of connected documents on one server. Such code may not be distributed, modified or re-licensed without the express written consent of Elegance Electronics.
12. Design Credit. A link to Elegance Electronics will appear in small type at the bottom of the primary "home" page or any other pages of the Customer's Web site.
13. Access Requirements. If the Customer's Web site is to be installed on a third-party server, Elegance Electronics must be granted temporary read/write access to the Customer's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
14. Right To Pull. The Customer agrees to give Elegance Electronics "on demand" access to the Customer's installed Web site, and further agrees that Elegance Electronics shall have the right to remove that site from public posting for failure to adhere to the terms of this Agreement, including violation of any licensing agreements or failure to pay fees duly assessed.
15. Post-Placement Alterations. Elegance Electronics cannot accept responsibility for any alterations caused by a third party occurring to the Customer's pages once installed. Such alterations include, but are not limited to additions, modifications, or deletions.
16. Indemnity. The Customer agrees to indemnify and hold harmless Elegance Electronics from any and all claims resulting from the Customer's use of Elegance Electronics's services which cause damage to the Customer or a third party.
17. Disclaimer. Elegance Electronics makes no warranties of any kind, whether express or implied, for the services it provides. Elegance Electronics also disclaims any warranty of merchantability or fitness for a particular purpose. Elegance Electronics will not be responsible for any direct, indirect or consequential damages which may result from the use of its services including loss of data resulting from delays, non-delivery or interruption in service. The Customer acknowledges and agrees that Elegance Electronics cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond its control including, but not limited to, telecommunications problems.
"The site creation is the property of Elegance Electronics and all work done is strictly a service."
18. General. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted, save only for any exceptions specifically outlined in the attached project proposal. The Customer constitutes agreement to and acceptance of these Terms and Conditions. Elegance Electronics reserves the right to change the terms and conditions of the acceptance of future orders for authoring and placement of the Customer's pages.
19. Governing Law. This Agreement will be governed by Indian Law. The Indian courts will have exclusive jurisdiction over any disputes arising under this agreement.
I have read and understood the Terms and Conditions for service provided by Elegance Electronics, and agree to abide by them.
167, D, 2B, Poonawadi, Dadar, Mumbai 400014
Voice (9122) 414 5362; Fax (9122) 416 5734