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By signing up with SUNNET.sg, you agree to the following
Terms of Service:
This Terms of Service document (this "Agreement") constitutes a legally
binding contract between SUNNET.sg and the person or organization (the "Client") who
submits an order for services or who pays for services from (the "Client").
SUNNET.sg may change this Agreement at any time by posting a revised
version of the Agreement on its website and such change will be effective at any
time after the Client is advised of the change and continues to use or pay for the
Services.
1. Services
SUNNET.sg will provide the Services ordered by the Client, subject
to all of the terms, conditions and limitations applicable to the Services set
forth on the SUNNET.sg website. The Client will pay for the Services
at the price indicated in the order. SUNNET.sg may change the prices
for the Services at any time and any such change in prices will be effective thirty
(30) days after SUNNET.sg posts the change on its website. All fees
collected under this Agreement are fully earned when due and non-refundable when
paid. All fees due under this Agreement must be paid in United States dollars via
credit card or other payment method acceptable to SUNNET.sg. Client
agrees to provide its accurate name, mailing address, telephone and other contact
information in Client's profile and to update such contact details as they
may change.
2. Acceptable Use
The Client may use the Services only in accordance with this Agreement,
applicable laws in Singapore and the applicable laws of any other
jurisdiction. Client agrees not to use the Services in any manner that violates the
SUNNET.sg Acceptable Use Policy. In addition, the
Client agrees that it will not use the Services to:
- Engage in any illegal or tortuous activity;
- violate the patent, copyright, trademark, trade secret or other intellectual
property rights of any third party;
- sell or distribute illegal adult oriented content that features nudity,
sexual acts or adult-themed material; or
- publish or distribute in any manner any content that is harassing, libellous,
defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable to SUNNET.sg in its sole discretion.
3. No Guarantee of Results
The Client acknowledges that SUNNET.sg does not guarantee, imply,
or predict any type of profit or response from the Services. The Services may be
subject to interruptions, loss of data, deletion of data and conditions that
prevent the proper operation of the Services resulting from conditions of events
outside the reasonable control of SUNNET.sg and for which
SUNNET.sg will bear no responsibility. The Client irrevocably
covenants, promises and agrees to indemnify SUNNET.sg and its assigns
and to hold them harmless from and against any and all losses, claims, expenses,
suits, damages, costs, demands or liabilities, joint or several, of whatever kind
or nature that they may sustain or to which they may become subject arising out of
or relating in any way to the use of the Services, including, without limitation,
in each case attorneys' fees, costs and expenses actually incurred in defending
against any such claims or enforcing the prerogatives of SUNNET.sg
under this Agreement.
4. Use of Client Data
Client agrees that SUNNET.sg may use data collected from the Client
only as permitted by the SUNNET.sg Privacy Policy and
SUNNET.sg agrees to use such data only as permitted by such Privacy
Policy, the terms of which are incorporated herein by this reference as if fully
stated herein.
5. Description of Services
The Services may include any one or more of the following elements, depending
upon the package and options selected by the Client during the ordering
process:
- Web development tools and services;
- Blog development tools and services;
- Marketing consultation tools and services; and
- Customized development tools and services;
Certain of these Services may include additional third-party products or
services that require the Client to accept the terms and conditions of the third
party or to pay additional fees to such third party. Client agrees that it is
wholly responsible for any such third party terms and conditions and third party
fees.
Any additional Services, other than the original stated items in the Services,
are to be deemed as a change request. Any change request will be chargeable and
hence a separate billing will be submitted to the Client.
All Services are not non-negotiable and non-transferable.
6. Billing and Refund Policy
The Services will commence on the date Client's order is accepted by
SUNNET.sg (the "Effective Date") and are payable 100% upfront.
Once SUNNET.sg receives Client financial commitment, a questionnaire will be
sent to Client, which needs to be completed and returned to SUNNET.sg before
SUNNET.sg begins. Client answers will guide SUNNET.sg in doing the best job
possible for Client.
After that, SUNNET.sg immediately reserve your spot into our schedule and place
Client in the next available opening. If Client do not submit your answers within
(30) days, the Services will be considered abandoned, and 50% of Client's payment
will be forfeited and applied as a kill-fee. If Client cancels after submitting
answers to the questionnaire or after work has begun, a kill-fee equal to your
entire 100% deposit will be applied to your account. At such time, deposits will
be completely non-refundable and non-transferable.
Depending on SUNNET.sg schedule, expected turnaround time is stated in the Services
that Client signed up. It can be more or less, but timing varies according to availability,
size of the Services, number of jobs in queue and time it takes for Client to answer the
preparatory questionnaire.
Unless Client paid a 50% "rush service" surcharge for meeting a guaranteed turnaround or deadline (allow a minimum of two (2) weeks with your rush project) there are absolutely NO guarantees whatsoever to meet any timeframes. We're not responsible for any delays beyond our control.
Balances, if any, will be due immediately either after submission of the final design, or after submission of the final coding. At that point, work will be final and delivered. Unpaid balances will accrue an interest at a rate of 2% per month, including any legal or collection fees.
7. Warranty Policy
Once the Service is delivered to the designated server (the "Delivery Date"), our (30) days warranty kicks in. Client will be granted with warranty coverage that last for (30) days starting from the Delivery Date. This warranty coverage consists of fixing of any bugs in Client's website or spelling/grammar changes in Client's website. In the case whereby, the bugs are due to Client changes, this (30) days warranty will be void and additional fees will be charged to fix the bugs. After (30) days warranty, any Services or changes required will be chargeable and hence a separate billing will be submitted to the Client.
8. Termination
Client may terminate this Agreement at any time by giving SUNNET.sg at least
seven (7) days prior notice. SUNNET.sg may also terminate this Agreement at any
time by giving Client at least seven (7) days prior notice. All payment made
are non-refundable. In addition, SUNNET.sg may terminate this
Agreement immediately and without prior notice if Client is in breach of this
Agreement. Following termination the Client will have no right to use or access the
Services. In its discretion, SUNNET.sg may permit a Client to recover
data from the Services following termination after payment of additional fees.
9. Notice
SUNNET.sg may give notice to Client of any matter under this
Agreement (a) orally, by calling Client's representative or by leaving a
voicemail for Client's representative at the telephone number in
Client's profile, or (b) by email to the email address provided by Client in
Client's profile, or (c) by regular mail to Client's mailing address in
Client's profile. Client may give notice to SUNNET.sg by (a) orally, by calling SUNNET.sg,
or (b) by email to the email address provided by SUNNET.sg in Contact Us.
10. Confidential Information
Both parties SUNNET.sg and Client acknowledge and agree that any Confidential Information received from the other party will be the sole and exclusive property of the other party and may not be used or disclosed except as necessary to perform the obligations required under this Agreement. Upon termination of this Agreement, each party shall promptly return all information, documents, manuals and other materials belonging to the other party except as otherwise provided in this Agreement.
- Browsers. SUNNET.sg certifies that the Services delivered will work on Microsoft Internet Explorer version 6+ and above and Mozilla Firefox version 2+ and above.
- Alteration. Client will not and cannot alter any portion of the Services delivered. Unauthorized alterations constitute additional fees and shall be.
- Credits. SUNNET.sg shall be given credit on the Services provided, including Client's website, documentations, source codes, branding and artwork.
- Ownership of Copyright. Client acknowledges and agrees that SUNNET.sg retains all rights to copyright the Services provided. SUNNET.sg retains the ownership of all original coding and artwork, in any media, including digital files, whether preliminary or final. Client waives the rights to challenge the validity of SUNNET.sg ownership of the Services of this agreement because of any change or evolution of the Law and will return all files within 30 days of use. Due to copyright and licensing restrictions in regards to the images used in Client's design we are unable to provide original PSD files due to the risk that Client may possibly redistribute or resell them.
- Copy Protection. Client must copy protect all final files that are the Services of this agreement against duplication and alteration. Unauthorized duplication and alterations constitute additional fees and shall be.
11. Promotional Use
If satisfied with SUNNET.sg Services, Client will write a positive testimonial or reference letter once the work is completed. Client also agree that, unless agreed otherwise, Client grant SUNNET.sg. the unlimited, non-exclusive right to use copies of your work, at our discretion, for promotional purposes or in any of our marketing efforts (such as, but not limited to, a screenshot and your link on our websites).
12. Miscellaneous
- Indemnification. Client will indemnify and defend SUNNET.sg
against any third-party claim, action, suit, or proceeding arising out of or
relating in any way to any alleged breach of this Agreement by Client or SUNNET.sg.
In connection with any request for indemnification under
this Agreement, the indemnified party must: (i) give the indemnifying party
prompt, written notice of any claim, action, suit, or proceeding for which the
indemnified party is seeking indemnity; (ii) grant control of the defense and
settlement to the indemnifying party; and (iii) reasonably cooperate with the
indemnifying party at the indemnifying party's expense.
- Limitation of Liability. IN NO EVENT WILL THE LIABILITY OF SUNNET.sg
UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY CLIENT DURING THE THREE (3)
MONTH PERIOD BEFORE THE DATE ON WHICH SUCH LIABILITY AROSE. IN NO EVENT WILL
SUNNET.sg BE LIABLE FOR ANY (A) LOSS OF USE, LOSS OF DATA, OR
INTERRUPTION OF BUSINESS OR (B) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS),
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SUNNET.sg HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT ACKNOWLEDGES THAT THESE
LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH
LIMITATIONS, SUNNET.sg WOULD NOT ENTER INTO THIS AGREEMENT.
- Dispute Resolution. Any disputes not in excess of Singapore Dollars: Five
Thousands (SGD$5,000.00) arising from this agreement shall be submitted to final
binding arbitration before a mutually agreed upon arbitrator. Client shall pay all
arbitration fees and court costs, reasonable attorney's fees and legal interest.
- Miscellaneous. This Agreement shall be governed solely by the laws of
Singapore, excluding its principles of conflicts of laws. Any action under
or relating to this Agreement shall be brought solely in the state courts
located in Singapore, with sole venue in the courts located in Singapore,
and each party hereby submits to the personal jurisdiction of such Courts. Each
party agrees that its performance under this Agreement shall in all respects
conform to all applicable laws, rules, and regulations of Singapore
governing the export of technical information. Customer may not assign this
Agreement without the prior, written permission of SUNNET.sg. Any
purported assignment in violation of this will be void and without any effect.
This Agreement may not be modified or amended except in writing, signed by both
parties. Any purported oral modification or amendment of this Agreement in
derogation of the foregoing shall be without any effect. The United Nations
Convention on Contracts for the International Sale of Goods shall not apply to
the Services or this Agreement. Neither party may waive any right hereunder
except expressly and in writing. This Agreement is the entire agreement between
the parties with respect to this subject matter, and it supersedes all prior and
contemporaneous discussions, negotiations, communications, and agreements with
respect thereto.
Version 1.0 - 9 Jun 2008
If you have any questions concerning these terms, please contact us.
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