Shared
Hosting , VPS , Dedicated Servers.
You agree that you are 19 years of age or older on the date that you place an order
Please note the Resource usage at the bottom of this page does not apply to VPS , VDS and dedicated servers.
If you are using our VPS, VDS the resource usage limit is as follows:
VPS or VDS accounts may not exceed a 15 minute load average greater than two times the amount of CPU cores given.VPS or VDS accounts may not run malicious bots or IRCd's.VPS or VDS accounts may not run any sort of BitTorrent client ,tracker that links to or downloads any sort of illegal content.
VPS or VDS accounts may not use an Open/Public proxy, or utilize a proxy to access illegal/malicious content. VPS or VDS accounts may not use I/O intensive applications which adversely affect normal server operations.
Most contents in General Web hosting is related to shared hosting. Please
visit our FAQ
Section and read the related FAQ information about our services By using our services you are accepting the terms of service here as well as the related contents in our FAQ section
We will setup your account after we have received payment and we and or our
payment partner(s) have screened the order(s) incase of fraud. It is your responsibility
to provide us with an email address which is not @ the domain(s) you are signing
up under. If there is ever an abuse issue or we need to contact you, the primary
email address on file will be used for this purpose. It is your responsibility
to ensure the email address on file is current or up to date at all times. Providing
false contact information of any kind may result in the termination of your
account.
General
Web Hosting Terms of Services
The use of services from Internet Brothers .co .kr /Jafarnet.com,[hereafter
referred to as "Internet Brothers"] constitutes agreement to these
terms.
Account Setup / Email on file
We will setup your account after we have
received payment and we and/or our payment partner(s) have screened the order(s)
in case of fraud. It is your responsibility to provide us with an email address
which is not @ the domain(s) you are signing up under. If there is ever an abuse
issue or we need to contact you, the primary email address on file will be used
for this purpose. It is your responsibility to ensure the email address on file
is current or up to date at all times. Providing false contact information of
any kind may result in the termination of your account. In dedicated server
purchases or high risk transactions, it will be necessary to provide government
issued identification and possibly a scan of the credit card used for the purchase.
If you fail to meet these requirements, the order may be considered fraudulent
in nature and be denied.
Content
All services provided
by Internet Brothers may only be used for lawful purposes. The laws of Republic
of Korea apply.The customer agrees
to indemnify and hold harmless Internet Brothers from any claims resulting from
the use of our services.
Use of our services to infringe
upon any copyright or trademark is prohibited. This includes but is not limited
to unauthorized copying of music, books, photographs, or any other copyrighted
work. The offer of sale of any counterfeit merchandise of a trademark holder
will result in the immediate termination of your account. Any account found
to be in violation of anothers copyright will be expeditiously removed, or access
to the material disabled. Any account found to be in repeated violation of copyright
laws will be suspended and/or terminated from our Hosting. If you believe that
your copyright or trademark is being infringed upon, please email us or send
a support ticket . If the request is of a licensing issue, we may require further
documentation.
Using a shared account as a backup/storage
device is not permitted, with the exception of one cPanel backup of the same
account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:
Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez,
Image Hosting Scripts (similar to Photobucket
or Tinypic), AutoSurf/PTC/PTS/PPC sites
IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts,
Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts
(similar to rapidshare)
Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures,
High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX,
E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale
of any controlled substance without prior proof of appropriate permit(s), Prime
Banks Programs
Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker
focused sites/archives/programs, Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content,
Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including,
but not limited to sites listed at aa419.org & escrow-fraud.com),Examples
of unacceptable material on all Dedicated servers include: IRC Scripts/Bots,
Pirated Software/Warez, IP Scanners, Bruteforce Programs/Scripts/Applications,
Mail Bombers/spam Scripts, Escrow, High-Yield Interest Programs (HYIP) or Related
Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange,
Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof
of appropriate permit(s), Prime Banks Programs, Lottery Sites, Hateful/Racist/Harassment
oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal
activities, Forums and/or websites that distribute or link to warez/pirated/illegal
content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including,
but not limited to sites listed at aa419.org & escrow-fraud.com).
Internet Brothers services, including
all related equipment, networks and network devices are provided only for authorized
customer use. Internet Brothers systems may be monitored for all lawful purposes,
including to ensure that use is authorized, for management of the system, to
facilitate protection against unauthorized access, and to verify security procedures,
survivability, and operational security. During monitoring, information may
be examined, recorded, copied and used for authorized purposes. Use of Internet
Brothers system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse
service to anyone. Any material that, in our judgment, is obscene, threatening,
illegal, or violates our terms of service in any manner may be removed from
our servers (or otherwise disabled), with or without notice.
Failure to respond to email from
our abuse department within 48 hours may result in the suspension or termination
of your services. All abuse issues must be dealt with via troubleticket/email
and will have a response within 48 hours.
If in doubt regarding the acceptability
of your site or service, please contact us and we will be happy to assist you.
Potential harm to minors is strictly
forbidden, including but not limited to child pornography or content perceived
to be child pornography (Lolita):Any site
found to host child pornography or linking to child pornography will be suspended
immediately without notice.
Resellers: we will suspend the
site in question and will notify you so you may terminate the account. We will
further monitor your activity; more than one infraction of this type may result
in the immediate termination of your account. Violations
will be reported to the appropriate law enforcement agency.
It is your responsibility to
ensure that scripts/programs installed under your account are secure and permissions
of directories are set properly, regardless of installation method. When at
all possible, set permissions on most directories to 755 or as restrictive as
possible. Users are ultimately responsible for all actions taken under their
account. This includes the compromise of credentials such as user name and password.
It is required that you use a secure password. If a weak password is used, your
account may be suspended until you agree to use a more secure password. Audits
may be done to prevent weak passwords from being used.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited
e-mail, bulk emailing, and spam. "Safe lists" and purchased lists
will be treated as spam. Any user who sends out spam will have their account
terminated with or without notice.
Sites advertised via SPAM (Spamvertised)
may not be hosted on our servers. This provision includes, but is not limited
to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization
or entity listed in the ROKSO may be hosted on our servers. Any account which
results in our IP space being blacklisted will be immediately suspended and/or
terminated.
Internet Brothers reserves the
right to require changes or disable as necessary any web site, account, database,
or other component that does not comply with its established policies, or to
make any such modifications in an emergency at its sole discretion.
Internet Brothers reserves the
right to charge the holder of the account used to send any unsolicited e-mail
a clean up fee or any charges incurred for blacklist removal. This cost of the
clean up fee is entirely at the discretion of Internet Brothers.
Payment Information
You agree to supply appropriate payment for the services received
from Internet Brothers, in advance of the time period during which such services
are provided. You agree that until and unless you notify Internet Brothers of
your desire to cancel any or all services received, those services will be billed
on a recurring basis.
Cancellations : Full details
about Cancellation can be found here
at the following link and by registering and using our services you agree with
the contents of this
page
http://www.internetbrothers.co.kr/webpromotion/english/cancellation.html
As a client of Internet Brothers,
it is your responsibility to ensure that your payment information is up to date,
and that all invoices are paid on time. Any invoice that is outstanding for
24 hours or Max 7 days ( this depends on the services you have signed up) and
not paid will result in a late fee (depending on the service you have signed
up) and/or an account suspension until account balance has been paid in full.
Invoices that have been paid
more than once with multiple Paypal Subscriptions can only be added as credit
towards the account and cannot be refunded via Paypal. If you require assistance
with this provision, please contact us.
Backups and Data Loss
Your use of this service is at your sole risk. If we provide
a backup service Our backup service is provided to you as a courtesy. Internet
Brothers is not responsible for files and/or 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 Internet Brothers
servers. We do not take any responsibility for any lost and no refund will be
made.
Cancellations and Refunds
Internet Brothers reserves the right to cancel the account at
any time with or without notice.
Any abuse of our staff in any
medium or format will result in the suspension or termination of your services.
The following methods of payments
are non-refundable, and refunds will be posted as credit to the Hosting account:
Bank Wire Transfers (if you are outside of Korea)
Western Union Payments
Checks
Money orders
If a Hosting
plan guarantees refund only first-time accounts are eligible for a refund. For
example, if you've had an account with us before, canceled and signed up again,
you will not be eligible for a refund or if you have opened a second account
with us.
Violations of the Terms of Service
will waive the refund policy.
Please refer to the following page.
http://www.internetbrothers.co.kr/webpromotion/english/cancellation.html
Resource Usage for Shared Hosting
User may not: a) Use 25% or more of system
resources for longer then 90 seconds. There are numerous activities that could
cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on
the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on
shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal
torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942,
etc
h) Run cron entries with intervals of less than 15 minutes When using PHP include
functions for including a local file, include the local file rather than the
URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
INODES
The use of more than 50,000 inodes on any shared account may
potentially result in suspension. Accounts found to be exceeding the 50,000
inode limit will automatically be removed from our backup system to avoid over-usage.
Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our
inode limits are unlikely to be suspended; however, accounts that constantly
create and delete large numbers of files on a regular basis, have hundreds of
thousands of files, or cause file system damage may be flagged for review and/or
suspension. The primary cause of excessive inodes seems to be due to users leaving
their catchall address enabled, but never checking their primary account mailbox.
Over time, tens of thousands of messages (or more) build up, eventually pushing
the account past our inode limit.
Bandwidth Usage
Should your account pass the allocated amount we reserve the
right to suspend the account until the start of the next allocation, suspend
the account until more bandwidth is purchased at an additional fee, suspend
the account until you upgrade to a higher level of package, terminate the account
and/or charge you an additional fee for the overages. Unused transfer in one
month cannot be carried over to the next month.
Money back Guarantee
Cancellation and Money back guarantee details are here
http://www.internetbrothers.co.kr/webpromotion/english/cancellation.html
By registering and placing your order
you agree with all contens of this page as well as the above link.
Uptime Guarantee
If your shared / reseller server has a physical downtime that
is not within the 99.9% uptime you may receive credit on your account. Approval
of the credit is at the discretion of Internet Brothers dependant upon justification
provided. Third party monitoring service reports may not be used for justification
due to a variety of factors including the monitor's network capacity/transit
availability. The uptime of the server is defined as the reported uptime from
the operating system and the Apache Web Server which may differ from the uptime
reported by other individual services. To request a credit, please send us a
ticket with justification. All requests must be made in writing via Support
Department.
Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Internet
Brothers does not provide support to our Reseller's Clients. If a reseller's
client contacts us, we reserve the right to place the client account on hold
until the reseller can assume their responsibility for their client. All support
requests must be made by the reseller on their clients' behalf for security
purposes. Resellers are also responsible for all content stored or transmitted
under their reseller account and the actions of their clients'. Internet Brothers
will hold any reseller responsible for any of their clients actions that violate
the law or the terms of service.
Shared (non-reseller accounts)
/ Semidedicated Servers
Shared accounts may not resell web Hosting
to other people, if you wish to resell Hosting
you must use a reseller account. Semi-dedicated servers are not backed up. You
must maintain your own backups.
Dedicated Servers
Internet Brothers reserves the right to reset the password on
a dedicated server if the password on file is not current so that we may do
security audits as required by our datacenter. It is the responsibility of the
client to ensure that there is a valid email address and current root password
on file for their dedicated server on file to prevent downtime from forced password
resets. Internet Brothers reserves the right to audit servers as needed and
to perform administrative actions at the request of our datacenter. Dedicated
servers are NOT backed up by us and it is the responsibility of the client to
maintain backups or have a solution for this. You may purchase an additional
hard drive and maintain backups to it as the most simple solution. Please contact
us if you wish to obtain a secondary hard drive. It is your responsibility to
maintain backups.
You
also agree with all information in the FAQ section related to the dedicated
server.
Price Change
The amount you pay for Hosting will never increase from the date
of purchase. We reserve the right to change prices listed on Internet Brothers
Website, and the right to increase the amount of resources given to plans at
any time.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold
Internet Brothers harmless from any and all demands, liabilities, losses, costs
and claims, including reasonable attorney's fees asserted against Internet Brothers,
its agents, its customers, officers and employees, that may arise or result
from any service provided or performed or agreed to be performed or any product
sold by customer, its agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless Internet Brothers against liabilities arising out
of; (1) any injury to person or property caused by any products sold or otherwise
distributed in connection with Internet Brothers; (2) any material supplied
by customer infringing or allegedly infringing on the proprietary rights of
a third party; (3) copyright infringement and (4) any defective products sold
to customers from Internet Brothers's server.
Arbitration By using any Internet
Brothers services, you agree to submit to binding arbitration. If any disputes
or claims arise against Internet Brothers or its subsidiaries, such disputes
will be handled by an arbitrator of Internet Brothers's choice. You are also
responsible for any and all costs related to such arbitration.
Disclaimer
Internet Brothers shall not be responsible for any damages your
business may suffer. Internet Brothers makes no warranties of any kind, expressed
or implied for services we provide. Internet Brothers disclaims any warranty
or merchantability or fitness for a particular purpose. This includes loss of
data resulting from delays, no deliveries, wrong delivery, and any and all service
interruptions caused by Internet Brothers and its employees.
Disclosure to law enforcement
Internet Brothers may disclose any subscriber information to
law enforcement agencies without further consent or notification to the subscriber
upon lawful request from such agencies. We will cooperate fully with law enforcement
agencies.
Changes to the TOS
Internet Brothers reserves the right to revise its policies at
any time without notice.
|
Privacy Policy |
| |
Internet
Brothers Jafarnetdot com Privacy Policy Statement
All information you will be asked to
enter is protected using SSL (Secure Sockets Layer) encryption to
prevent it being intercepted by anyone else as it is transferred over
the Internet
Privacy
on Internet Brothers
Internet Brothers is strongly committed to protecting the privacy of
consumers of its interactive products and services. Through the
Internet, our primary goal is to contribute to providing a safe and
secure environment for consumers and site visitors just looking for
information.
Disclosure
We do not disclose information about your individual visits with any
other company. Information such as your name, address, email address,
telephone numbers, etc. are not gathered or used by Internet Brothers or
any of its partners. We do collect information from website submissions
only. This information is limited to your email which is used to confirm
submissions or notify of changes to listings that may affect a website
within our directory. Internet Brothers may share such information in
response to any legal processes, such as a court order or subpoena, or
in special cases such as a physical threat to you or others. Otherwise,
this information is kept in secure confidentiality.
* Clients are not allowed to reveal communication in public places.
Information
The purpose of storing any personal information you may provide
us when you visit our site or fill out any Internet Brothers forms,
is to enable Internet Brothers to maintain communication with you.
We will not sell, share, or give this information to any other company.
Internet Brothers will only disclose user information to the proper
authorities, when we believe in good faith that the law requires
it.
If we use
cookies, it is only to help us serve you better. You may occasionally
get cookies from our advertisers. Internet Brothers does not control
these cookies or any other applications or tracking controls from other
advertisers or partners of Internet Brothers.
Remember
that whenever you give out personal information on the Internet, that
information can be intercepted in transit. While we strive to protect
any personal information in our possession, we cannot guarantee the
security of any information you disclose online and you do so at your
own risk except for on our secure pages. Internet Brothers will only
receive credit card information over a SSL (secure encrypted)
connection.
By
using this site, you agree to the Internet Brothers Privacy Policy.
If you do not agree to this policy, please do not use our site.
Your continued use of the Internet Brothers site following the posting
of changes to these terms will mean you accept those changes.
Terms
for web promotion Services:
To have us register your website in Korean search engines
You agree that you have read the followings,
fully understood and
accept the terms of services.
1.
Your site has to be online 24 hours a day 7 days a week. 2.
No under construction page, No image or dead link within your site3.
Your site must have Korean version. 4. If you site requires Id and
password to login you should give an ID and password for search
engines editors to be able to review it. The login information will
be stored in that particular search engine
so those login information should be always valid So
that search engines editors can review your site whenever they want.
5.No adult contents .Korea is a conservative society search engines
are very strict with
adult contents. Fees to submit adult contents to search engines
are higher and the procedure is more complicated. 6. Search engines
have the rights to change your site title, description or category
in that search engine. 7. In case your site is a shopping mall accepting
credit card online you should have a business registration certificate
in Korea and permission to accept credit card This
is a complicated process . Korea Fair Trade Commission Act 2000-1
consumer protection law For more information please contact us.8.
If you claim to be a business. Search engines might require your
business registration certificate to be faxed to them. if
you fail to give information and your site is rejected because of
this failure you will not be issued a refund. 9.
In your site you must mention the name of your business , full address
and telephone number and preferably a company introduction. 10.You
agree that you will not use the our Services for illegal purposes
or for the transmission of material that is unlawful. You also agree
that you will not use our Services for the transmission of material
that is harassing, abusive, threatening, harmful, vulgar, obscene,
or invasive of another's privacy. 11.In
consideration for using our services, you agree to provide us current,
complete, and accurate registration information and to maintain
and update this information as required to keep it current, complete
and accurate. 12. Our web site contains
links to other Web sites. Internet Brothers is not responsible for
the privacy practices or the content of such Web sites.
13.We reserve the rights to change any of the terms and conditions
contained in this Agreement. Should there be any, the changes may
involve the method of payment, linking our web page and so forth.
If because of failure to comply with the above mentioned
terms your site is rejected Internet brothers will not issue a refund.
Terms
for Translation Services
1.
Area of Application
1. These Terms of Service (TOS) shall apply
to all contracts between Internet Brothers (Translator) and the
customer/the company placing the translation order (Client), unless
otherwise stipulated in writing or stipulated by law. These TOS
are accepted by the Client by placing an order and shall be valid
throughout the entire business relationship between the Translator
and the Client. Oral agreements must be confirmed in writing.
2. The Client's terms and conditions are not valid unless accepted
by the Translator in writing. 3. Where the Client is acting on behalf
of a third party, the Translator is entering a contract exclusively
with the Client, who shall make all payments punctually, regardless
of the performance of the end customer.
2. Placement of Translation Order
1. Before accepting a translation order, the
Translator will send a brief "order summary" to the Client
by e-mail , in client area of this site or
fax. This "order summary" will contain important details
of the Client's order, including but not limited to the Client's
address, the way of delivery, the delivery date, and the Translator's
fee. 2. A translation order shall be valid as soon
as the client registers in our client area and pays for the order.
3. Execution of Order and Delivery of Translation
1. The translation will be carried out according
to the principles of proper professional practice and with the utmost
possible care. The Client will receive the translation as defined
in writing in the "order summary."
4. Client's Obligation to Co-Operate and Provide Information
1. In the event that the source text contains
any ambiguities, the Translator reserves the right to carry out
the translation to the best of her understanding or to consult with
the Client. 2. The Client shall indicate the intended use of the
translation in writing. 3.
Where the intended use is print publication, the Client shall provide
the Translator with a proof before printing commences and a voucher
copy after print publication. 4. If available, the Client shall,
without prior request and in good time, provide the Translator with
supplementary documentation (company-own glossaries, abbreviations,
photos, etc.) which might aid the translation process. If no customer-specific
terminology or informative supplementary documentation is provided,
the Translator shall translate technical terms into their generally
acknowledged equivalents. 5. Should any claims of third parties
arise against the Translator due to breaches of copyright, the Client
shall indemnify the translator from such third party claims. 6.
The Client shall confirm the receipt of the translation in writing.
5. Date of Delivery
/ Force Majeure
1. If a fixed delivery date has been agreed
upon in the "order summary," it is binding on the Translator
unless Clause 5.2 here applies.2. The Translator shall not be in
default if her non-performance is caused by circumstances beyond
her control. If the delivery date cannot be met due to force majeure
or other reasons which are not within the liability of the Translator
(e.g. sudden illness of the Translator, family emergency, computer
failure, etc.), the Translator shall inform the Client immediately.
In such cases, both the Translator and the Client shall be entitled
to withdraw from the contract. Withdrawal from the contract shall
be given in writing. Translation work already completed up until
the point of withdrawal shall be disbursed by the Client. Further
rights, especially claims for damages, shall be excluded for such
cases. 3. In all cases, a period of grace may be granted if both
parties agree in writing.
6. Data Protection / Confidentiality1.
All translation assignments will be treated confidentially.2. The
Translator reserves the right to use translated texts (especially
Web sites), which are made available to the public after the translation
has been completed, for reference purposes. 3. Texts with punishable
content and texts that offend common decency are not subject to
Clause 6.1 here and can be refused by the Translator, even after
contract conclusion. 7.
Termination of Contract1.
In case the Client cancels an order without being entitled to do
so by law or contract, the Translator shall be paid for translation
services rendered up to the date of termination. The contract must
be terminated in writing. 8.
Correction of Mistakes / Warranty Claims
1. The Translator shall not be liable for mistakes
resulting from badly legible, incorrect, or incomplete original
texts or by incorrect customer-specific terminology. 2. The Client
shall lodge a formal complaint concerning the quality of a translation
with the Translator within thirty (30) days after the receipt of
the translation. The mistakes must be sufficiently explained in
writing and the complaint must contain evidence. If the translator
does not receive a written complaint within said thirty days, the
translation shall be deemed to be without mistakes; and the Client
waives all rights, including rights to damages, to which he might
be entitled because of possible mistakes. 3. The Client shall grant
the Translator an appropriate period of time to rectify any mistakes.
If the Client denies granting the Translator a reasonable period
of time for the correction of the mistakes, the Translator shall
no longer be liable for such mistakes. If the mistakes are remedied
by the Translator within said appropriate period, the Client shall
not be entitled to any price reductions. In the event that the Translator
does not remedy the mistakes within the applicable period, the Client
shall be entitled to demand a price reduction. Warranty claims shall
not entitle the Client to withhold any agreed payments. 9.
Payment of Translator's Fee1.
The Translator's fee is calculated on the basis of volume and
degree of difficulty. The fee is based on the number of words in
the source text (the Client's original text). For major translation
projects a flat fee may be negotiated. Orders are subject to a minimum
rate corresponding to the Translator's current rates.2. The
Translator's fee is payable, without deductions, within fourteen
days following the receipt of the invoice. Clients shall either
pay by credit card using the Translator's PayPal.com account
or via check. If the translation is not delivered electronically,
via e-mail, the Client shall pay any delivery charges in addition
to the Translator's fee.10.
Retention of Title / Copyright1.
The translation shall remain the property of the Translator until
invoices have been settled completely. The Client shall have no
right to use the translation before full payment has been received
by the Translator. 2. The Translator shall remain the owner
of the copyright to the translation.11.
Liability / Damages1.
To the extent permitted by law, the liability of the Translator
shall be limited to the amount invoiced. 2. The Translator
shall be liable only in cases of gross negligence. Liability in
cases of slight negligence is only accepted if substantial contractual
duties are neglected. 3. The Client shall indemnify the Translator
against any and all claims by third parties, which might arise from
the translation or utilization thereof. 4. The Translator shall
not be held liable for loss or damage incurred during delivery.
The Translator uses an updated anti-virus program, but shall not
be held liable for any damage incurred through computer viruses. 5.
The Translator shall not be liable for damage to or loss of documents
caused by fire, water, forces of nature, burglary or theft.6. In
case the delivery date cannot be met due to force majeure or other
reasons which are not within the liability of the Translator, the
Translator shall not be held liable. Claims for damages are excluded
for such cases; see Clause 5.2 here. 7. The Translator shall
not be liable for corrections to the translation by the Client or
third parties.8. If the Client does not inform the Translator that
the translated text is intended for print publication, all mistakes
or losses incurred are the Client's responsibility and the Translator
shall not be held liable. 12.
Applicable Law / Place of Jurisdiction / Effectiveness (Sever ability
Clause)1.
These Terms of Service and the business and legal relations between
the Translator and the Client shall be exclusively subject to the
laws of the United States of America. Place of jurisdiction and
place of performance shall be the Translator's place of residence. 2.
In the event that any of the provisions shall be deemed invalid,
fully or in part, by a court of competent jurisdiction, the remaining
provisions shall remain in full force and effect. Any provision
which is invalid shall be replaced with a provision that best meets
the intended purpose and meaning of the invalid provision.
Site Development - Terms of Service
We have tried to outline everything that you need to know about
our website development terms of service and we have made every
effort to do this without getting into confusing "legal speak".
Please read through all of it to ensure that you know and understand
all the terms. If you are unclear on anything, please don't hesitate
to contact us by email or telephone. 1.
The quotation incorporates all items covered in the client's proposal/quote,
including 1 material amendment to the original mandate. Additional
amendments thereafter can incur additional costs. This does not
include basic tweaking or minor changes that are required to achieve
the desired "polish" on the site, which forms part of
the original quotation.2.
Should the client not be happy with the design of the site (aesthetics
and layout), any changes/ amendments/ alterations that are required
to achieve the design that the client is happy with will bare no
additional cost, provided that these do not constitute a major amendment
to the original mandate, in which case the limitations in point
2 above will apply.3.
In the unlikely event that the client had to dislike the entire
site, we would do a complete custom redesign at no extra cost. Provided
that we have followed the client's design specifications, this is
limited to one redesign. However, if the site is still not satisfactory
because the client changed the requirements, the second redesign
would bear an additional cost to the client.4.
The client's quotation is of necessity based on various assumptions,
which, if proven incorrect, may need the quotation to be revised.
In such an event the quotation automatically becomes null and void
and subject to a new quotation.
Assumptions are as follows:
* All content and
required graphics will be provided by the client unless otherwise
agreed in writing.*
Copywriting (and copy typing) is not included in the site design
fee, except to the extent of basic editing. Please note that this
is not the same as copyright (ownership), which vests with the client
as soon as full payment has been received. *
Graphics provided by the client will be of high quality and usable,
failing which delays in timing and/or additional costs may come
into effect, for which Internet Brothers may not be held liable
in any way.* Any time
periods quoted assume no delays caused by the client and may be
extended to take account of any such delays.
5. Once the concept
has been created, this would be uploaded to a private area on the
internet so that the overall look, feel and effect can be reviewed
by the client. All tweaking and refining would be shown at this
hidden address until the site is approved by the client, at which
point final upload will be to the client's domain.6.
A 50% deposit is payable as confirmation of order prior to commencement,
with the balance payable within 5 days of completion.7.
The client is afforded an additional 5 working days after final
upload as a final proofing period for critique and amendments. All
required amendments that are communicated to us within this period
form part of the original quotation. Amendments required after this
period would bear an additional cost.*
If the site is not hosted on our servers, the onus is on the client
to provide us with the relevant server specifications, prior to
commencement of the website being built. Should the client fail
to provide such specifications and any feature or function on the
website fails to work properly because of incompatibility with the
client's server, the client will be liable for any fees associated
with related redevelopment time.8.
Once the website has been developed it is uploaded onto the client's
domain or on a Internet Brothers domain, but remains inaccessible
to the public. This is to afford the client the opportunity to evaluate
the site and request any tweaks or changes that fall within the
agreement.9. Once
the site is approved, hand-over will take place. From the time of
handover the client is entitled to an additional *30 days free support
to allow for issues that may not be identifiable prior to handover.
In this time further tweaks and adjustments can be made as long
as they fall within the scope of the original mandate.10.
Deposits are not refundable once work has commenced on the project
or if the project is cancelled after 36 hours of payment of the
deposit.11. Handover
will take place after payment of the final balance due on the development
fee.12. Dynamic and
ecommerce websites are only developed if they will initially be
hosted on one of our servers. This is to ensure that everything
works 100%, Please note: This does not mean that clients are under
any obligation to continue hosting the site with Internet Brothers.
Clients are free to change to another hosting company at any time
after handover of the site.Due to the fact that we have no control
over how other servers are managed, upgrades and maintenance are
unfortunately only available on those sites that we have developed
and while they are hosted on our servers.13.
Payment of the full balance outstanding for the development of the
site must have been paid within 5 days of the relevant invoice.14.
Support does not cover all aspects of user-inflicted damage. If
a problem occurs because of something that the client has done,
we are happy to assist wherever possible, but an additional fee
may be charged depending on the time required to rectify the problem.15.
Support does cover minor modifications to existing features and
functions.16. Support
is limited on sites that are not hosted on our servers. We recommend
that clients host on our servers until at least such time as it
is certain that there are no glitches and the site is operating
100%. This makes any trouble-shooting that may be required much
quicker and easier to accomplish.17.
Ownership of all websites or software that we create vests with
Internet Brothers and therefore remains the property of Internet
Brothers until such time as full payment has been received. Once
full payment has been received, all copyright and full ownership
passes to the client. Should the client abort the project or default
on payment, Internet Brothers reserves the right to rebrand, adapt
and sell the website or software to a third-party in order to defray
expenses.Internet Brothers reserves the right to alter or amend
these and all other terms and conditions at any time and without
warning.
The terms stipulated on this website will always be the current
applicable terms and will supercede the terms in any download document.
Should Internet Brothers at any time not enforce any of the above
for any reason, this does not in any way preclude us from enforcing
any or all of the above terms at any time.
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