This Agreement constitutes the entire and only agreement between PARADIME WEB and you, the Customer. This agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to PARADIME WEB, the content, products, and services provided by or through PARADIME WEB, and the subject matter of this Agreement. PARADIME WEB reserves the right to amend at any time or to update this agreement from time to time without specific notice to you. You should review this Agreement prior to each use of PARADIME WEB services. The most current version of the Agreement can be reviewed by clicking on the "Terms and Conditions" hyperlink located in the footer of our Web pages.
The products, content, graphics, design, and other matters related to PARADIME WEB (the “Services”) are protected under applicable copyrights. All the copyrights for PARADIME WEB products as stated in PARADIME WEB Terms and Conditions are reserved. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services except by special agreement between PARADIME WEB and you. You do not acquire ownership rights to any content, product or other matters viewed and delivered through PARADIME WEB. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SERVICES TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SERVICES.
- 1. REPRESENTATIONS AND WARRANTIES:
PARADIME WEB is solely responsible for implementing the services as specified in quotation. If the Customer wishes to make additional changes to the services provided or described in the quotation, the Customer should request an additional quote. Otherwise, the Customer agrees to accept the product running result. THE SERVICES ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE QUOTATION OR LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE QUOTATION OR LICENSE AGREEMENT, PARADIME WEB HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, PARADIME WEB MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. PARADIME WEB DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.
2.1 TERMINATION BY PARADIME WEB
PARADIME WEB has a right to unilaterally terminate the contract in the following cases:
a) The Customer does not give PARADIME WEB all the data necessary;
b) The Customer demands unreasonable revision of the order;
c) PARADIME WEB billing officers suspect the payment to be fraud.
d) PARADIME WEB wishes to discontinue business with the Customer.
In the event that PARADIME WEB wishes to unilaterally terminate its relationship, the Customer may be eligible for a refund of PARADIME WEB Website Support Services if so enrolled (see REFUND POLICY).
2.2 TERMINATION BY THE CUSTOMER
The Customer has a right to unilaterally terminate the contract, upon delivery of a 30 days notice to PARADIME WEB. In the event of such a termination in relationship between you and PARADIME WEB, and upon request, all products developed for you will be provided "as is" in compiled form without warranty of any kind, either expressed or implied. Any requested modification, setup or consultation of the product(s) will be subject to a Termination Fee.
- 3. IMPLEMENTATION AND COMPLETION:
3.1 PARADIME WEB will honor no other date than the due date indicated in the Customer signed quotation for final submission of deliverables.
3.2 As soon as the Customer accepts the result, the project is considered to be implemented successfully and cannot be reviewed or revised.
3.3 PARADIME WEB does not guarantee completion of the specified project to schedule if breaks in production occur due to Customer's activity (i.e. the Customer doesn't give PARADIME WEB all the data necessary for customization or gives erroneous contacts).
- 4. ADDITIONAL SERVICES AND WEBSITE SUPPORT SERVICES:
4.1 PARADIME WEB requires full prepayment of one year of PARADIME WEB Website Support Services renewed yearly if you opt to engage in PARADIME WEB Website Support Services. In no event shall this amount be refunded in case of premature termination or bankruptcy unless specified by PARADIME WEB. PARADIME WEB reserves the right to adjust its PARADIME WEB Website Support Services yearly rate upon renewal. All requested updates are allocated 4 hours of labor per month starting on the 1st of every month with no rollover. Any overages in excess of 4 hours will be subject to an additional quote.
4.2 PARADIME WEB has the right to set an extra price quote if the Customer wishes to make additional project changes which were not stipulated in the initial quotation. Additional PARADIME WEB Website Support Services may be offered for the aforementioned changes. If you opt to enroll in PARADIME WEB Website Support Services for the additional project changes where a pre-existing yearly PARADIME WEB Website Support Services is already in place, PARADIME WEB will add the PARADIME WEB Website Support Services charge for the additional project changes to the pre-existing PARADIME WEB Website Support Services Plan for the remainder of the pre-existing plan. Upon renewal, the pre-existing yearly PARADIME WEB Website Support Services rate will be revised to reflect the support of the additional project changes.
4.3 PARADIME WEB Website Support Services updates are limited to only the addition, replacement and deletion of textual, graphical and video media that do not alter the Customer’s website’s existing structure which include, but is not limited to the addition or deletion of web pages and addition or deletion of web controls. All material must be furnished by the Customer in final presentable form. PARADIME WEB reserves the right to reject an update if the material is not properly documented, not properly formatted, is of poor quality or if the Customer requests the update to be completed within a timeframe which does not allow for the proper completion of the update as specified by PARADIME WEB.
5.1 PAYMENT TERMS
PARADIME WEB requires a 50% prepayment based on the agreed upon after tax quotation price as working capital. At the half way point in the production schedule as indicated by PARADIME WEB an additional 25% prepayment of the agreed upon after tax quotation price is due. In the event that the first 25% prepayment does not cover all foreseeable costs incurred by PARADIME WEB during development of the agreed upon product(s), PARADIME WEB reserves the right to increase the initial prepayment total in order to cover these costs. The remaining balance is due upon final approval of work prior to delivery. PARADIME WEB at its discretion can offer monthly payment plans subject to interest charges for the remaining balance.
5.2 AUTHENTICATION OF CARDHOLDER
PARADIME WEB has a right to request authentication of the cardholder if PARADIME WEB billing officers suspect the payment to be fraud.
6.1 PARADIME WEB reserves the right, and you agree, to brand all products and services ordered with an official PARADIME WEB graphic with a URL connecting to www.paradimeweb.com.
6.2 All graphical design layout packages offered by PARADIME WEB do not include the conception of a website logo or company logo unless specified.
- 7. INTELLECTUAL PROPERTY AND LICENSES:
7.1 OWNERSHIP
The Services provided, the trademarks and logos displayed on a Site, as well as their selection and arrangement (collectively, “Intellectual Property”), are the property of PARADIME WEB or other third parties. They are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"). You may not claim intellectual or exclusive ownership to any of our Services, modified or unmodified. The acquisition of source code in part or whole of any product(s) developed for you by PARADIME WEB will be subject to additional charges, and will be subject to the execution of a License Agreement.
7.2 UNAUTHORIZED USE
Except as expressly provided herein, PARADIME WEB and its suppliers do not grant any express or implied rights to use the Intellectual Property. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials or Services, any portions of the Intellectual Property, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site or Services. Any unauthorized use of the Intellectual Property may violate PARADIME WEB and its suppliers’ Intellectual Property Rights, the laws that protect them, and the present Terms and Conditions.
7.3 LIMITED USAGE GRANTED
You may use each individual Service purchased on a single website only, belonging to you. Each additional usage of each one of our products will require a repurchase.
7.4 ASSIGNABILITY
You may not sub-license, assign, or transfer your rights of the Services to anyone else without prior written consent from PARADIME WEB.
In the event that PARADIME WEB files for Bankruptcy, upon request all products developed for you will be provided "as is" in compiled form without warranty of any kind, either expressed or implied. By special agreement, PARADIME WEB can decide to supply you with the source code for the requested product(s).
9.1 DOMAIN NAME REGISTRATION
PARADIME WEB Website Support Services domain name registration is limited to one domain name specified by you unless indicated otherwise by PARADIME WEB. Registration of any additional domain names will be charged to you. In the event you wish to transfer domain name(s) to or away from PARADIME WEB’s registrar you agree to pay all costs incurred by PARADIME WEB for these transfer(s). If you opt not to have PARADIME WEB manage your domain name(s), PARADIME WEB is not responsible or liable in any shape or form for any issues relating to the registration and management of the domain name(s) of the website belonging to you.
9.2 DOMAIN HOSTING
PARADIME WEB Website Support Services domain hosting by default will host the website belonging to you on a shared server unless otherwise specified by PARADIME WEB. In the event that PARADIME WEB finds that the agreed upon hosting is inadequate due to, but is not limited to the possibility or occurrence of insufficient capacity or excessive bandwidth transfer PARADIME WEB will notify you of what hosting options are available and at what cost. In the event that you elect not to choose one of PARADIME WEB’s proposed domain hosting solutions in a timely fashion you agree to pay any surcharges PARADIME WEB incurs from the continued domain hosting of the website belonging to you. If you opt not to have PARADIME WEB manage your domain hosting, PARADIME WEB is not responsible or liable in any shape or form for any issues relating to the domain hosting of the website belonging to you.