The Company referred to in this document is Apnasoft Ltd based in the UK, Registered in England Company No. 5124987
The Client in this document refers to any customer using any services provided by Apnasoft, including Web Site Design, Logo Design, Programming and any other service that the Company may from time to time provide.
The term Services refers to one or more of Web Site Design, Programming and any other services and products that are provided to the Client by the Company.
The term Internet refers to the Internet, World Wide Web, Email, Telnet, FTP, Web Sites and any other related areas of computer technology.
The Company provides Services to the Client subject to the following conditions:
The object of this agreement is the web site of our company Apnasoft and the information that you provide to us. These guidelines state the obligations of our company to protect your privacy and keep your interests and goals confidential.
All prices shown on this website or quoted by the Company to the Client are subject to change without notice. The Company has the right to withdraw any of the Services being offered, where the Client has placed a deposit or has paid the full amount for the Service, the Client is entitled to a full refund.
The Company may from time to time make alterations to these conditions. The Company will notify the Client of any such alterations. The Company gives no warranties expressed or implied except as expressly stated in these conditions. All Services remain the property of the Company until payment has been made in full by the Client. The Company has the right to withhold the Services until all charges owed by the Client or third party have been paid.
After the client becomes the owner of the Services, they should be used exclusively with a sign "Design by Apnasoft" on the main page of the web site, marking that they were produced by Apnasoft.com This rule will be applicable only to such Services as web site design. The Client shall at all times comply with the terms and conditions for Services provision by the Company and generally to the terms and conditions of any such authority having similar force and to which the Client may become subject as a result of services provided by the Company. The Client shall acknowledge terms and conditions relating to Services may change at any time. The Client will be notified of all these changes on this page. The Company reserves the right to use the Services, provided to the Client for demonstration to potential users of its Services. The Client shall notify the Company immediately if it becomes aware of any unauthorized use of any or all of the facilities included in the Services. The Company reserves the right to vary the charges for Services from time to time without prior notice. All charges quoted to the Client for the Services are inclusive of any value added tax (VAT) at the appropriate rate.
General Limitation of Responsibility
The Company is not responsible for any delay, malfunction, non-performance and/or other degradation of the Services caused by or resulting from any alteration and/or modifications and/or amendments due to changes and specifications requested or implemented by the Client whether beyond the scope the Services already supplied or contained therein. The Company reserves the right to raise additional charges for any work arising out of the provisions of this clause.
The Company accepts no liability for loss or damage to the Client arising from any material, data or instructions supplied whether digitally or otherwise by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence, or in the wrong form, or arising from late arrival, or non-arrival, or any other fault by the Client or on its behalf.
The Client agrees to indemnify the Company, its employees and agents and shall hold them harmless from and against all loss, penalties, damages, liability, claims or expenses whatsoever arising from any claims by third parties as to ownership or other rights to use Services or arising in any way by the Client infringing - whether knowingly or otherwise - third party rights.
All confidential information regarding the Client or the customers of the Client disclosed to the Company shall be regarded as disclosed in confidence and shall be used in connection with the affairs of the Client and not be passed on to any third party and/or in any way be made use of by the Company at any time either during or after the termination of this agreement save with consent or which comes into the public domain (other than through the unauthorized disclosure by the Company).
The personal information of the Client will be passed to HSBC UK in order to transfer any funds, if needed.
The Client shall promptly notify the Company if it becomes aware of a breach of confidence and shall give the Company all reasonable assistance in connection with any proceedings the Company may institute against a third party at the expense of the Company.
The Client shall treat as confidential the Services supplied by the Company and either designated as confidential by the Company or confidential by its nature (Information). Information shall not include information which is lawfully in the possession of the Client otherwise than through disclosure by the Company or which is in the public domain (otherwise than through unauthorized disclosure by the Client).
The Company reserves the right to suspend all Services without refund of any charges and without notice to our Client who uses the Services to send bulk unsolicited E-mail (a process referred to as spamming).
The Client shall not provide any technical information obtained from the Company to any person, company, firm or government entity when the Client knows or has reason to believe that the supply of information may indirectly or directly lead to a contravention of the laws or regulations of the United Kingdom or the country of Client residence, applicable to the export supply or use of goods or technology.
The Company shall at all times take reasonable steps to safeguard the Company web servers and the data contained therein from damage, accident, fire, theft and unauthorized use.
Any notice or other communication to be given by a party under this Agreement must be in writing and must be given by delivery at or sending by E-mail or facsimile transmission or other means of telecommunication in permanent written form (provided the addressee has his or its own facilities for receiving such transmission) to the last known postal or E-mail address or relevant telecommunications number of the other party. Where notice is given by sending in a prescribed manner it shall be deemed to have been received when in the ordinary course of the means of transmission it would be received by the addressee. To prove the giving of a notice it shall be sufficient to show it was dispatched. A notice shall have been effect from the sooner of its actual or deemed receipt by the addressee.
At all times the Client must specify a communications address in a recognized form to which the Company may send all notices or other forms of communication, (particular in an emergency). Should the Client fail to notify the Company immediately of any change in particulars then the Company shall not be liable for any loss to the Client arising from any such failure.
Any failure or delay by either party in exercising any rights or remedy will not constitute a waiver.
If any provision of these conditions is held by any competent authority be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
If either the Company or the Client is unable or if impracticable, to perform any of its obligations under these conditions due to circumstances beyond the control of either party the offending party shall immediately give notice to the other party in writing and indicate what steps (if any) are being taken to remedial.
Any breach by the Client of any of its obligations hereunder shall entitle the Company to recover its loss arising from any such breach on a full indemnity basis.
These conditions (together with terms if any which are agreed in writing between the parties) constitute the entire agreement between the parties and supersede any previous agreement or understanding. All other terms and conditions (express or implied by statue or otherwise) are excluded to the fullest extent permitted by law. Governing Law.
These Terms and Policies are governed in all respects under English laws. Last modified: 12th July 2011