Terms and Conditions
General Terms and Conditions
- The Client agrees to protect, defend, hold harmless and to indemnify Core85 Services, Inc., its owners, its Affiliates and its Independent Contractors, from any claims, including attorney's fees, resulting from the Client's use of Core85 Services, Inc. services.
- Client is responsible for providing all Content for the Site which shall be true, accurate, and complete. Client represents and warrants that it owns or has obtained permission to use all Content, which permissions or authentications shall be Client's sole responsibility.
- Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Core85 Services, Inc. remain the copyright of Core85 Services, Inc. and may only be commercially reproduced or resold without our permission.
- Core85 Services, Inc. cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
- The client agrees to make available as soon as is reasonably possible to Core85 Services, Inc. all materials required to complete the site to the agreed standard and within the set deadline.
- Core85 Services, Inc. will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
- Core85 Services, Inc. will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
- Core85 Services, Inc. will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents
- A deposit of 25% is required with any project before any design work will be carried out.
- Core85 Services, Inc. cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
- The client is expected to test fully any application or programming relating to a site developed by Core85 Services, Inc. before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Core85 Services, Inc. will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the contravel.
Website Hosting
- Whilst Core85 Services, Inc. recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Core85 Services, Inc. cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
- Although Core85 Services, Inc. will make every effort to recommend a reliable third-party web host, the Client understands, agrees and acknowledges that Core85 Services, Inc. cannot guarantee the quality of services of the web host and the stability of the web host in the future.
- The Client understands, agrees and acknowledges that Core85 Services, Inc. is not responsible for the sudden decrease in speed when accessing the web pages. The Client shall contact the Web Host to inquire as to why a site has become slow to access.
Website Maintenance
- Core85 Services, Inc. reserves the right to delete, download, pull down, and take down the Client web site changes maintained by Core85 Services, Inc. for non-payment with or without notice. At this juncture, the original website before the maintenance occurred will be restored.
- The Client understands, agrees and acknowledges that Core85 Services, Inc. is not responsible for maintaining a full time Internet presence for the Client. The Client shall contact the Web Host to inquire about the availability of the web site.
- We reserve the right to limit our service to only those individuals, businesses and non-profit organizations whose needs we can realistically meet.
- We do not offer refunds for website maintenance services
- The Client understands, agrees and acknowledges that Core85 Services, Inc. is not a marketing firm and is not the primary content producer of the web site. Core85 Services, Inc. designs and develops web sites and pages out of the information primarily authored by the Client. Core85 Services, Inc. shall not be held liable if the Client's web site developed by Core85 Services, Inc. does not meet the business goals of the Client. Site contents either developed by Core85 Services, Inc. and/or the Client shall be reviewed, finalized and approved by the Client.
- The Client understands, agrees and acknowledges that contact with Core85 Services, Inc. shall be made primarily through our contact us form and that Core85 Services, Inc. is not obliged to offer telephone support for a Client outside of the 718, 212, and 516 area codes. Core85 Services, Inc. will make every effort to respond to inquiries or at least acknowledge that the Client's inquiry has been received within 48 hours. The Client understands, agrees and acknowledges that Core85 Services, Inc. is a virtual entity in that it may not follow the traditional 9-5 work schedule.
- Maintenance after web site installation means that within the first two months after the installation of the web site, Core85 Services, Inc. will perform warranty work to correct bugs, spelling errors, perform minor cosmetic/text corrections or changes that are "very" minor (5-minute change) that may have resulted from errors overlooked by the Client or Core85 Services, Inc..
- Major changes that affect the entire website will require a new contract agreement.
- Web Site Maintenance Service constitutes changes to the current website and its existing web pages using the current web site theme.
- Maintenance service does not include full website backup, software update, software installation, database programming, php programming, web design, web hosting, correcting errors in a third-party script and website re-design
LIMITATION OF LIABILITY:
Core85 Services, Inc. shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Core85 Services, Inc. servers going off-line or being unavailable for any reason whatsoever. Further, Core85 Services, Inc. shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Core85 Services, Inc. servers. All damages shall be limited to the immediate termination of service.
Core85 Services, Inc. shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Core85 Services, Inc. reserves the right to terminate an account at any time and for any reason that causes harm to any Core85 Services, Inc. customer's web sites.
Core85 Services, Inc. reserves the right to delete all content and files upon termination. Core85 Services, Inc. reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Core85 Services, Inc. reserves the right to refuse, cancel, or suspend service at our sole discretion.
Core85 Services, Inc. reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.
IGNORANCE OF THE POLICIES POSTED HEREIN DOES NOT WAVE CLIENTS RESPONSIBILITY. THESE TERMS OF SERVICE ARE AVAILABLE ONLINE 24 HOURS A DAY, 7 DAYS A WEEK FOR REVIEW AND ACCEPTANCE OF THESE TERMS OF SERVICE ARE REQUIRED UPON ACTIVATION OF ANY AND ALL SERVICES PURCHASED FROM CORE85 SERICES, INC. CLIENTS ARE RESPONSIBLE FOR KNOWING WHAT IS AND IS NOT ACCEPTABLE USE OF SERVICES PROVIDED BY CORE85 SERICES, INC.
CLIENTS SHOULD REVIEW THIS DOCUMENT MONTHLY FOR ANY CHANGES OR ADDITIONS. WE RESERVE THE RIGHT TO CHANGE THESE POLICIES WITHOUT WARNING OR NOTICE. NON-ENFORCEMENT OF ANY PART OF THE POLICIES DESCRIBED HEREIN DOES NOT CONSTITUTE CONSENT.
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