Contractor Web - Špecializované webprezentácie pre menšie firmy a kontraktorov - Obchodné podmienky

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Thursday, 09 September 2010
 
 
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These ESTIMATE LTD Web Services Terms of Service comprise a legal agreement between you (CUSTOMER) and ESTIMATE and governs CUSTOMER’S use of ESTIMATE LTD Web Services. BY SUBSCRIBING TO AN ESTIMATE LTD WEB SERVICES, CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. If CUSTOMER does not agree to these Terms of Service and the Additional Terms s/he shall not subscribe to or use the ESTIMATE LTD Web Services.

ESTIMATE LTD Web Services is made up of websites, Web pages, and Web hosting operated by ESTIMATE LTD and its affiliates and of various products and services that are provided by ESTIMATE LTD, its affiliates or third party service providers. These websites, Web pages, design services, and services will be collectively referred to in this Agreement as "ESTIMATE LTD Web Services."

"CUSTOMER" means any subscriber, employee of subscriber, and anyone who has access to use CUSTOMER’S Web Services account. CUSTOMER must be at least eighteen (18) years of age.

The ESTIMATE Web Services are offered to CUSTOMER on the condition that CUSTOMER accepts these Terms of Service and the Additional Terms without modification. CUSTOMER agree to familiarize himself/herself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout the ESTIMATE Web Services Network and abide by them if CUSTOMER chooses to use the sites, or accept the products, services or benefits, to which such terms apply. CUSTOMER accept and agree to be bound by these Terms of Service and the Additional Terms at the moment CUSTOMER checks “ACCEPT” box and submits on-line order page, or when CUSTOMER places an order via email, telephone, facsimile.

 ESTIMATE LTD reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If CUSTOMER continues to use the ESTIMATE LTD Web Services Network after any such changes, CUSTOMER’S continued use will constitute his/herr consent to such changes.

In addition, all CUSTOMER’S registration information and other information are  subject to our Privacy Statement.

Warranties

By subscribing to any service offered on the ESTIMATE LTD Web Services site, CUSTOMER makes the following representations and warranties. ESTIMATE LTD shall have the right to terminate CUISTOMER’S Web Services account, without notice at any time, if any representation warranty made by CUSTOMER proves to be untrue in any respect.CUSTOMER represents and warrants that:

CUSTOMER and all users of the CUSTOMER’S Web Services Network approved by CUSTOMER are at least eighteen (18) years of age;

CUSTOMER has the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) to subscribe to and use the ESTIMATE Web Services service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and (d) if you are acting in a corporate capacity, to bind CUSTOMER’S company;

CUSTOMER will not use the ESTIMATE LTD Web Services Network for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time); All information supplied by CUSTOMER or by others using CUSTOMER’S account is true and accurate, including information submitted as part of the registration and subscription process. Any products or services advertised, sold or otherwise distributed by CUSTOMER on or in connection with CUSTOMER’S website are legal for sale or distribution; that CUSTOMER have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and CUSTOMER has and control all of the intellectual property, proprietary and similar rights necessary for all material located on his/her website, all submissions, and all products and services sold or otherwise distributed by CUSTOMER or on CUSTOMER behalf via his/her website.

By using the ESTIMATE LTD Web Services Network, CUSTOMER agrees to defend and indemnify ESTIMATE LTD and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

Limitations

The ESTIMATE LTD Web Services Network is provided to assist CUSTOMER with the operation of his/her business. CUSTOMER’S right to use the ESTIMATE Web Services Network is limited to CUSTOMER, and his/her company and its employees. CUSTOMER is solely responsible for his/her content and his/her website and your ESTIMATE LTD Web Services account.

ESTIMATE LTD reserves the right, but is not obligated, to monitor or to review materials posted on CUSTOMER website and to monitor CUSTOMER compliance with these Terms of Service and the Additional Terms. ESTIMATE LTD reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time.

The information provided by ESTIMATE LTD to CUSTOMER may be proprietary in nature. CUSTOMER agrees not to share any information provided to him/her by or on behalf of ESTIMATE LTD with any third party.

Fees

Some products and services available through or in connection with ESTIMATE LTD Web Services require that CUSTOMER purchases a subscription or otherwise pays a fee. CUSTOMER hereby agrees to pay invoices issued for such a products and services by ESTIMATE LTD and also authorizes ESTIMATE LTD to charge his/her credit card in connection with CUSTOMER’S use of the ESTIMATE LTD Web Services product or service CUSTOMER have chosen to use.

ESTIMATE LTD reserves the right to modify the fees charged for ESTIMATE LTD Web Services products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after ESTIMATE LTD posts such modified fees on the ESTIMATE Web Services website.

Cancellation Policy

CUSTOMER agree that the cancellation policy posted at the time you cancel your subscription shall govern the amount of the refund (if any) due to him/her. CUSTOMER acknowledges that if he/she cancels any subscriptions to an ESTIMATE LTD Web Services service that he/she may not be entitled to a refund of all or part of amounts already paid by him/her for such ESTIMATE LTD Web Services subscription.

CUSTOMER agrees to maintain service with ESTIMATE LTD Web Services for the minimum term of 12-months plus any additional time required by any discounts or promotions.

CUSTOMER accepts that after minimum term he/she will become a year-to-year customer under this agreement.

Changes to Services, Termination by Axsen Web Services

CUSTOMER may be barred from accessing any of his/her ESTIMATE LTD Web Services or from using the ESTIMATE LTD Web Services, if ESTIMATE LTD determines CUSTOMER has violated these Terms of Service or any Additional Terms, if CUSTOMER has failed to remit any applicable subscription fees when due, if any representation or warranty made by CUSTOMER is untrue in any respect.

Links to Third Party Sites

Links within the ESTIMATE LTD Web Services Network may let CUSTOMER or visitors of his/her pages leave the ESTIMATE LTD Web Services Network. CUSTOMER acknowledge that the linked sites are not under the control of ESTIMATE LTD and that ESTIMATE LTD is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites.

Software

Software (if any) that is made available to download from or otherwise use through the ESTIMATE LTD Web Services Network, excluding software that may be made available by third parties via ESTIMATE LTD Web Services, ("Software") is the copyrighted work of ESTIMATE and/or its suppliers. CUSTOMER use of the Software is governed by these Terms of Service, and the applicable Additional Terms, and the terms of the end user license agreement (EULA), if any, which accompanies or is included with the Software ("License Agreement").

License

ESTIMATE LTD does not claim ownership of the materials CUSTOMER provides to ESTIMATE LTD  (including feedback and suggestions) or that CUSTOMER posts, uploads, inpust or submits in connection with CUSTOMER use of ESTIMATE LTD Web Services or any website ("CUSTOMER website") created by CUSTOMER or on his/her behalf in connection with the use of ESTIMATE LTD Web Services (collectively "Submissions"). However, CUSTOMER grants ESTIMATE LTD a royalty-free license to use CUSTOMER’S logo and link to CUSTOMER’S pages from other ESTIMATE LTD Web Service websites.

Limitations of Liability and Disclaimers

The information, software, products, services and other material included in or available through the ESTIMATE LTD Web Services Network may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via the ESTIMATE LTD Web Services Network should not be relied upon for personal, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals.

CUSTOMER access to and use of the ESTIMATE LTD Web Services Network, and products and services of ESTIMATE LTD Web Services, is at CUSTOMER own risk. IN NO EVENT SHALL ESTIMATE LTD OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION.

CUSTOMERS IS responsible for maintaining and backing-up his/her data and information that may reside on the ESTIMATE LTD Web Services hardware or systems, including such hardware or systems provided to ESTIMATE LTD by third parties. It is CUSTOMER responsibility to take the necessary steps to ensure his/her primary means of business is maintained. ESTIMATE LTD will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to CUSTOMER use of the ESTIMATE LTD Web Services Network, its services or products.

 ESTIMATE LTD is not liable for CUSTOMER actions with his/her customers or vendors, or the use of their information, or for any other actions arising from CUSTOMER use, or the use of other parties to whom CUSTOMER have given access to his/her ESTIMATE LTD Web Services Network.

Account Security and Passwords

CUSTOMER is responsible for safeguarding the confidentiality of his/her account information (including password(s) and user name(s) issued to CUSTOMER) and for any use or misuse of CUSTOMER”S account or the ESTIMATE LTD Web Services Network resulting from any third party using a password or user name issued to CUSTOMER. CUSTOMER shall notify ESTIMATE LTD immediately of any known or suspected unauthorized access to or use of his/her account

Customer Data

ESTIMATE LTD Web Services will not use CUSTOMER’S customer data or for any purposes other than those intended by the ESTIMATE LTD Web Services Network. CUSTOMER’S customer information will not be shared with any other parties, unless you are also subscribing to a ESTIMATE LTD Web Services service where one of the features of such service is the sharing of customer information between the services. ESTIMATE LTD  Web Services will not use CUSTOMER’S customer information for the purpose of sending unsolicited commercial e-mail to such customers.

General

These Terms of Service and the Additional Terms are governed by the laws of the European Union. Use of the ESTIMATE LTD Web Services Network is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation this paragraph.

that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the CUSTOMER and ESTIMATE LTD with respect to the ESTIMATE LTD Web Services Network and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the CUSTOMER and ESTIMATE LTD with respect to the ESTIMATE LTD Web Services Network.

Service Contract

If You need to contact ESTIMATE LTD regarding the ESTIMATE LTD Web Services Network, please send e-mail via our Contact Us form.

 
 
 
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