By ordering or using any of i-NET PROS Inc. products or services, the Client is deemed to have accepted these Terms and Conditions whether or not the Client has been provided a copy.
In these Terms and Conditions "we”, “our”, and “us”, refers to i-NET PROS Inc. "You" and "Client" refers to the Client or buyer of any product or service offered by i-NET PROS Inc. “Project” refers to any product or service offered by i-NET PROS Inc.
E-commerce Security
Where Project involves E-commerce functionality, Client must ensure that suitable arrangements are in place to maximize security levels with regard to financial and personal information relating to the users of Project. i-NET PROS Inc. will make every reasonable effort to secure the confidential information submitted by Client during Project’s development. However, i-NET PROS Inc. does not take any responsibility for leakage or misuse of any information.
Copyrights and Trade marks
Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to i-NET PROS Inc. for inclusion in the Project are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend i-NET PROS Inc. and its sub-contractors from any liability (including legal fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by Client for Project.
Completion Date
i-NET PROS Inc. and Client undertake to work together to complete Project within the timescale defined in the specification. i-NET PROS Inc. will inform Client on Project progress and will always endeavor to meet the defined milestones. Client must also supply all source materials to timescale. Failure to provide source materials within 30 days of the specified timescale will be sufficient grounds for i-NET PROS Inc. to cancel the agreement and retain any deposits or stage payments made thus far as cancellation fees.
Abuse Through Content
The content/idea/theme of a web site is provided by Client. i-NET PROS Inc. can only assist in conceiving the idea. In the case that Project is hosted by us, you agree that you will not post any material which is defamatory, inaccurate, abusive, threatening, invasive of a person's privacy, or otherwise in violation of ANY law. We are not liable for any content on Project.
Search Engine Ranking
i-NET PROS Inc. makes every effort to optimize your web site for better ranking in Search Engines. However, we do not guarantee any ranking of your web site in any search engine.
Delivery of Web Site
Uploading Project to your hosting account, sending files through FTP, CD or any other media is considered as delivery of Project after which the Client is not eligible for a refund. By signing up with i-NET PROS Inc. service, Client agrees that he will clear any balance dues after Project is delivered and accepted as complete by Client and us.
Limitation of Liability
i-NET PROS Inc. will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of Project, or the misuse of Project by a third-party, authorized or unauthorized. This protection does not extend to third-parties contracted by us for Project. i-NET PROS Inc. guarantees that all code provided for Project is original and/or does not infringe on the ownership rights of any other third-party and holds Client harmless against any legal dispute regarding such ownership rights when Project is used for original purpose.
After Project is complete and all balances are paid, Client owns code with limited rights. Client may modify code, only as it pertains to the original purpose of Project or Client site (or which project is intended). Client cannot re-sell code, original or modified, for any reason. Client may transfer his limited ownership of code with notice to i-NET PROS Inc., whereby any subsequent owner(s) will be bound by these terms and conditions. We maintain full rights over code as it pertains to other applicable projects with other clients and insofar it does not violate any existing confidentiality agreement with Client. In purchasing domain names on behalf of the Client, i-NET PROS Inc. is acting solely as the Client’s agent and accepts no responsibility for the continuance or otherwise of that registered domain name.
Charges
i-NET PROS Inc. reserves the right to request additional charges if unexpected time is expended on the development of Project, or loading of the site onto the internet, due to circumstances beyond our control or due to working with material created and/or provided by a third party (via client). In such cases, the additional work will not be charged or performed until costs and terms agreed to by Client in writing. Domain name registration fees are non-refundable once the order has been placed.
Web Site Credits
Placed at the bottom of the index page of the project site will be a site credit: “This Site Designed, Hosted and Maintained by i-NET PROS Inc.” (or similar), along with an active link to our site. Likewise, our portfolio will feature an active link to Client’s Project.
Service and Product Rates
All Client Orders require an advance payment of a minimum of fifty (50%) percent of the Project proposal before any work on prototype(s) is started. Thereafter, the remaining fifty (50%) percent of the Client Order total will be due upon release of the Client Order. i-NET PROS Inc. reserves the right, subject to (30) days advance email notice to the Client, to change the rates charged for any ongoing maintenance services provided to Client. i-NET PROS Inc. must receive payment prior to final release of the Client Order.
Acceptance
Where web site design or other programming services are supplied, Client will notify i-NET PROS Inc. of any errors or omissions for rectification within a period of 30 days from Delivery. After 30 days from Delivery, Client is deemed to have accepted that the Delivery is provided to an acceptable level of quality and further changes will be chargeable, expect as noted when site is actively hosted with us.
Commencement
i-NET PROS Inc. cannot always guarantee to start work on Projects immediately. If this is the case, it will be discussed with the Client before any work is started. All reasonable efforts will be made to work to Client timescales.
Backups and Data loss
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the servers hosting your project site, be they ours or of a third party.
We will work with client to setup data backups (remote and/or local) for redundancy, as well as email notifications for new data as it is originated. Weekly system backups are also performed automatically.
Cancellation
i-NET PROS Inc. reserves the right to cancel an account at any time. If the Client delays commencement of work for more than 30 days from payment of the deposit, i-NET PROS Inc. reserves the right to make a surcharge to cover additional time and price increases since the original quote. In the event of a dispute regarding the project’s design or specifications or withheld or late payment, i-NET PROS Inc. reserves the right to withhold or withdraw all web pages and image files until such dispute is resolved. Client reserves the right to withhold further payment until same dispute is resolved.
If project is cancelled by Client without cause, fees surrendered are not subject to a refund. Additionally, Client may cancel project at any time without an obligation to pay the remaining balance; however, Client will lose all rights to work already performed for Project. In the event that Project is cancelled by us without just cause.
Governing Law & Jurisdiction
This Agreement will be governed by the laws of the United States of America where the development and designing is managed, and any user of the our service hereby agrees to be bound exclusively by the jurisdiction of the courts of the United States of America without reference to rules governing choice of laws.
i-NET PROS Inc. reserves the right to change any part of this agreement with notice and agreement by Client. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.