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Payment for Services
The client will be billed the agreed amount, as outlined on the accompanying invoice or quotation, for setup fees and monthly charges, for a minimum of three months. Upon request, advertised monthly charges can be billed in advance for a year or three month period. Any reductions from the advertised or agreed charges is made at the discretion of Pantonia. Pantonia are not obliged to refund all or part of any unused month's service. Pantonia reserve the right to change their prices with immediate effect, without prior notice. Existing clients will be given 14 days notice in writing (which includes email communication) of any changes which will affect them, and will be deemed to be acceptable and approved unless the client notifies Pantonia (including email) within 14 days of the change.
Termination
The contract term is for a minimum of three months, but with no maximum length, unless specified in advance. After three months, the contract will continue on a month-by-month basis, and may be terminated at any time with a week's notice by the client or Pantonia. This agreement will terminate immediately without notice at Pantonia's sole discretion, should the client fail to comply with any term or provision or this agreement, including, but not limited to, violating any licensing agreement, failure to pay fees duly assessed, or the use of materials or links deemed unacceptable by Pantonia, including pornography. Pantonia reserves the right to immediately remove from public viewing any website under its maintenance for failure to adhere to the terms of this agreement.
Website Design and Ownership
Any copyrightable works, ideas, discoveries, inventions, patents, or products, or other information developed in whole or in part by Pantonia in connection with the Services outlined above shall be the exclusive property of Pantonia. Exceptions are materials created specifically for and which are the property of the client, including all HTML documents and all graphics. In any case, no release of rights or ownership of any services from Pantonia is granted until payment for services is received in full from the client. This does not include the Pantonia logo. Text, graphics, databases, HTML code and other intellectual property are protected by UK and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted or otherwise distributed by any means without explicit permission.
Website content
Materials used on Pantonia's websites are protected by UK and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted or otherwise distributed by any means without explicit permission. Trademarks displayed on any website Pantonia provides does not imply that a licence of any kind has been granted.
Domain Name Registration
Domain names registered by Pantonia become the sole property of Pantonia, except where explicitly agreed by Pantonia and the client. In case of doubt, ownership reverts to Pantonia for the duration of lease.
Confidentiality
Where applicable, the client agrees to treat as strictly private and confidential any code(s), username(s), user ID(s) or password(s) that have been received through Pantonia, and all information to which the client has accessed through password-protected areas of websites provided by Pantonia. This information will not be communicated, copied or otherwise divulged to any other person whatsoever. Likewise, Pantonia will not at any time or in any manner, either directly or indirectly, divulge any information that is proprietary to the client to any third party unless explicit permission has been given. This provision shall continue to be effective after the termination of this agreement.
Website hosting service
Pantonia cannot accept responsibility for any hosting service provided by a third party facilitated through Pantonia. All problems encountered in this manner will be the sole responsibility of the third party involved.
Post placement alterations
Pantonia cannot accept responsibility for any alterations to the clients website caused by a third party, except where Pantonia maintains the clients' website under a monthly fee package, as detailed in the accompanying invoice or quotation.
Design Credit
A link to Pantonia will appear in small type, or as a logo, or both, at the bottom or in a specific area of each website page on the clients site. Removal of this link or logo, by the client or third party without the explicit permission Pantonia, will terminate this agreement, under the discretion of Pantonia. Pantonia hereby explicitly grants the pages that it designs or maintains a non-transferable licence to the use of its logo, reserving the right to demand its removal if deemed necessary. Pantonia reserves the right to take whatever steps necessary to ensure the correct useage of its logo, including termination of the clients website or hosting agreement with a third party.
Errors and Omissions
Facts and information on any website provided by Pantonia are believed accurate at the time. Changes may be made at any time without prior notice. Whilst every effort is made to supply accurate information, Pantonia cannot be held responsible for any inaccuracies or misspellings in any of its website or those associated with it. It is the clients' responsibility to ensure that the content supplied to Pantonia meets all the current legislation regarding publications and copyright. Clients shall further indemnify Pantonia in respect of any claims, costs or expenses that may arise from any material included in clients' website.
Client Review
Pantonia will provide the client with an opportunity to review the appearance and content of the website once they are created. Such materials will be deemed to be acceptable and approved unless the client notifies Pantonia in writing (including email) within 14 days of the date proofs are sent.
Search Engine submission
Where applicable, Pantonia will submit the URL provided to several search engines, as indicated in the accompanying invoice or quotation. However, Pantonia cannot guarantee search engine placements, nor any particular level of success in terms of ultimate 'hit rate': it is impossible to force people to the clients' website.
Impossibility of Performance
The client acknowledges and agrees that Pantonia cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond its control including, but not limited to, telecommunications problems. The client acknowledges that Pantonia will not be held responsible for the appearance of operation of the website pages within non-standard Web Browser software.
Teaching or Tutorials
Pantonia will provide tutorials or teaching upon request, as outlined on the accompanying invoice or quotation. However, Pantonia cannot be held responsible for any misrepresetation of information or inaccuracies passed on to the client or its representatives through its tutorials.
Links to other Websites
Pantonia will not place any links from a website provided by it, to any other, except to the Pantonia website, unless agreed by the client. Pantonia is not necessarily affiliated with sites that may be linked from the sites provided, and is not responsible for their content. Linked sites are for convenience only. Links to other websites or references to products, services or publications by Pantonia does not imply the endorsement or approval by Pantonia of such products, services or publications.
Liability
Material provided in websites provided by Pantonia is "as is", without any warranties or guarantees including those implied. Pantonia does not guarantee that the services in this agreement will be uninterrupted or error-free, that all defects will be corrected, or that the site or the server that makes it available are free of viruses or other harmful components. Under no circumstances, including, but not limited to, negligence, shall Pantonia be liable for any special or consequential damage that result from the use of, or the inability to use, the services provided, even if Pantonia or an authorized representative has been advised of the possibility of such damages. In no event shall Pantonia's total liability to the client for all damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the total amount paid by the client for its services.
Entire Agreement
This contract contains the entire agreement of the parties and there are no other promises or conditions in any other agreements, whether oral or written, unless both parties have agreed and signed addition to the contract. This agreement supersedes any prior written or oral agreements between the parties.
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