Responsibilities EOnlineDesign will use its best efforts to resolve customers computer technical problems by telephonic or online support or physically working on the customers premises. EOnlineDesign will attempt to resolve such technical problems in a professional, reasonable and timely manner, taking into consideration the circumstances and nature of the technical problems. Live and online and physically working on the customers premises response times may be delayed due to research and inquiries and buying equipment for customers, as may be necessary. EOnlineDesign's live or online technical or physically working on the cusomters computer system support does not assure that every request for technical support will be resolved to satisfaction, and EOnlineDesign's responses will constitute technical advice or suggestions. Advising Technical problems that may arise may be a result of software or hardware errors or problems that may not be correctable or may be too difficult to resolve by telephonic or online support or physically working on the computer. EOnlineDesign has limited proprietary information from vendors, manufacturers, and developers, and may not have the ability to obtain any proprietary information necessary to resolve customers technical problem. Third-Party Link and Content Disclaimer Links contained in EOnlineDesign's website may cause a user to leave the EOnlineDesign website. Such linked websites are not under the control of EOnlineDesign and EOnlineDesign is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. EOnlineDesign provides these links from the EOnlineDesign website only as a convenience, and the inclusion of any link does not imply any endorsement by EOnlineDesign of the website or any of its contents. All users use materials and information in third-party websites at their own risk. NO WARRANTIES EONLINEDESIGN'S COMPUTER REPAIR SERVICES, THE EONLINEDESIGN WEBSITE (INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE REFERENCED OR LINKED TO IN THE EONLINEDESIGN WEBSITE), AND ALL OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES, ADVICE, AND INFORMATION PROVIDED BY EONLINEDESIGN AND ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EONLINEDESIGN ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR OTHER INADEQUACIES IN THE CUSTOMERS SERVICES, THE EONLINEDESIGN WEBSITE (INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE REFENCED OR LINKED TO IN THE EONLINEDESIGN WEBSITE), OR ANY OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES, ADVICE, AND INFORMATION PROVIDED BY EONLINEDESIGN OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EONLINEDESIGN BE LIABLE TO ANY PERSON FOR ANY SPECIAL, GENERAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM NEGLIGENT OR CRIMINAL ACTS OF THIRD PARTIES, LOSS OF USE, LOSS OF DATA, LOST PROFITS, OR COMPUTER HARDWARE AND SOFTWARE DAMAGE, IN CONNECTION WITH ANY OF THE EONLINEDESIGNS WEB HOSTING AND WEB DEVELOPMENT AND WEB DESIGN SERVICES and COMPUTER REPAIR AND NETOWRKING AND ANY COMPUTER RELATED WORK, THE EONLINEDESIGN WEBSITE (INCLUDING ALL INFORMATION, SERVICES, AND PRODUCTS THAT ARE REFERENCED OR LINKED TO IN THE EONLINEDESIGN WEBSITE), OR ANY OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES, ADVICE, AND INFORMATION PROVIDED BY EONLINEDESIGN OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS, WHETHER SUCH PERSON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Force Majeure In the event EOnlineDesign's delivery of the Computer Repair And Web Hosting and Web Development and Web Design Services is delayed, prevented, or otherwise made impracticable by reason of any acts of God, fires, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labor difficulties; computer "hacking" attack or computer virus; any law, order, regulation or other action of any governing authority; or any other cause beyond EOnlineDesign's reasonable control, then EOnlineDesign shall be excused from such delivery to the extent that it is delayed or prevented by such cause. Modifications to Terms of Service EOnlineDesign reserves the right to amend the Terms of Service that govern use of the EOnlineDesign website at any time by (a) posting a revised version of the Terms of Service on the EOnlineDesign website (www.eonlinedesign.com/termsofservice.php), or by (b) sending information regarding any amendment to the Terms of Service to the email address Customer provides to EOnlineDesign. Customers is responsible for regularly reviewing the EOnlineDesign website to be notified of any amendments to the Terms of Service. Customers continued use of the eOnlineDeisgns Services after such amended Terms of Service have been posted or information regarding such amended Terms of Service has been sent to Customer shall be deemed acceptance by Customer of the amended Terms of Service. General In addition to the Terms of Service, Customer agrees to be bound by the Privacy Policy and all other legal notices contained on the EOnlineDesign website, which collectively constitute the entire agreement between Customer and EOnlineDesign. EOnlineDesign and/or third party providers may make improvements and/or changes in the products, services, programs, business or customer policies and prices described in their websites at any time without notice. California law will govern any action related to the Terms of Service, without regard to conflict of law principles. The Terms of Service shall be construed as if it was executed and performed in San Francisco, California. Any cause of action by a Customer or other viewer of this website must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred. If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. EOnlineDesign's failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision. The EOnlineDesign website is available internationally and may contain references to EOnlineDesign products, services, and programs that are not available in a viewer's country. These references do not imply that EOnlineDesign intends to make such products, services, or programs available in such country. Misc 1.5% monthly finance charge for past due invoice(s) from date of invoice.
eOnlineDesign does not warranty computers, monitors, equipment or software. The warranty is provided by the manufacturer. No Returns after 7 days. 20% restocking charged within 7 days. Prior to servicing system(s), customer should insure that all retrievable information is removed or backed up as necessary. eOnlineDesign assumes no liability for any data, programs, or other information left on mass storage devices. Any alterations, additions, or attachments to systems(s) serviced and not serviced by eOnlineDesign are not covered under warranty. Customer agrees to pay $25 charge for each returned check, and all eOnlineDesign's costs including legal fees related to past due payment collections. Labor, Shipping and Handling charges, special ordered items, and opened software/accessories are non refundable.
ADDITIONAL WEB DESIGN AND WEB DEVELOPMENT TERMS AND CONDITIONS EOnlineDesign agrees to provide you with services on these terms and conditions. In these service terms, "you", "your", and "client" means the person accepting billing and payment responsibility for the service. Definitions: For the purposes of this agreement as well as all agreements referencing the eOnlineDesign corporate terms and conditions, the following terms shall have the following meanings: "Agreement" means this agreement "Confidential information" means EOnlineDesign’s programs, procedure, proprietary, or other software, equipment and other intellectual property including, without limitation, all information concerting systems and operations, technical specifications, know how, technology (including encryption technology), business plan and projections and all other business information as well as all information concerning or originating from EOnlineDesign, its clients or licensors. "Customer", "customers", "client", "clients", or "you" means one or all of the customers of the subscribers which customers use the services. "customer transaction" means any transaction by which the customer of the subscriber does either one or both of the following: (i) purchases e-cash from EOnlineDesign; or (ii) purchases a product or service from EOnlineDesign where EOnlineDesign has resold such product or service for the subscriber pursuant to a reseller agreement between EOnlineDesign and subscriber. "Event of Default" means the occurrence of any one of the following: (i) a material or adverse change in the business, financial condition, business procedures, prospects, or other aspects of the business of the sales agent. (ii) Any representation or warranty of the sales agent is breached in any material respect or was or is incorrect in any material respect when made or deemed to be made; or (iii) Breach by the sales agent in any material respect in the performance or observance of any term, covenant, condition, or agreement contained in this agreement. "parties" means the parties to this agreement. "person" or "persons" are to be broadly interpreted and include one or more individuals, corporations, partnerships, trusts, unincorporated organizations, the government of a country or any political subdivision thereof, or any agency or department of any such government, and the executors, administrators or other legal representatives of an individual in such capacity. "services" means the services and products of EOnlineDesignas described, from time to time, on the EOnlineDesignwebsite at http://www.eOnlineDesign.com "subscribers" means on or all of the persons who use, or wish to use the services. "Abuse" means to use wrongly or improperly, to resell, to duplicate, to corrupt. "Refund and Termination Agreement" refers to the EOnlineDesign Corporate Refund and Termination Agreement, or "Refund Agreement" or "Termination Agreement" or "Confidential Separation Agreement" "Resell" means to sell a product or service to an end user or the public, or any act benefitting the reseller from the use of said product or service. ".fla" means the original development file, created in flash MX.
below are terms (file extensions) referred to Visual Foxpro
.act Documenting Wizard action diagram
.app Generated application
.cdx Compound index
.chm Compiled HTML Help
.dbc Database
.dbf Table
.dbg Debugger configuration
.dct Database memo
.dcx Database index
.dll Windows Dynamic Link Library
.err Compilation error
.exe Executable program
.fky Macro
.fll Visual FoxPro Dynamic Link Library
.fmt Format File
.fpt Table memo
.frt Report memo
.frx Report
.fxp Compiled program
.h Header file (for inclusion in a Visual FoxPro or C/C++ program)
.hlp WinHelp
.htm HTML
.idx Index, compact index
.lbt Label memo
.lbx Label
.log Coverage log
.lst Documenting Wizard list
.mem Variable save
.mnt Menu memo
.mnx Menu
.mpr Generated menu program
.mpx Compiled menu program
.ocx ActiveX control
.pjt Project memo
.pjx Project
.prg Program
.qpr Generated query program
.qpx Compiled query program
.sct Form memo
.scx Form
.spr Generated Screen Program (previous versions of FoxPro only)
.spx Compiled Screen Program (previous versions of FoxPro only)
.tbk Memo backup
.txt Text
.vct Visual class library memo
.vcx Visual class library
.vue FoxPro 2.x view
.win Window file
.xml XML
".fla file" means a specific flash MX development file. "Days" as referenced in all documentation authored by EOnlineDesign means business days which are Monday through Friday, except for federal holidays as put forth by the government of USA. "Tamper" means to interfere with, to engage in improper dealings, to alter without permission, to access without written permission from the author. Currency: unless otherwise specified, all dollar amounts referred to herein shall be in United States Dollars. Number and gender: The context requires otherwise, words employing the singular include the plural and vice versa and words employing the gender to include all genders. Non-exclusivity: Under no circumstances shall this agreement be interpreted as granting any exclusivity to the sales agent as being the sole agent of EOnlineDesign.
Payment and Invoicing FOR WEB DESIGN AND WEB DEVEOPMENT All service use and access fees and other charges luding taxes, are due and payable as specified by EOnlineDesign according to EOnlineDesign Sales procedures. EOnlineDesign Sales procedures cite that EOnlineDesign requires a minimum of 50 percent of the contract price as down payment to initiate project development. Payment will be issued upon invoices to you or the person or company paying the bill or as otherwise arranged with you by EOnlineDesign In submitting payment, you are signifying completion of the stage and development for which payment was requested. Should payment be completed, all payments are from that point forward non-refundable and non-negotiable, no longer open to disputes of any kind. All other charges will be deemed to be correct if not disputed by you within thirty (30) days of the invoice date. Your service use, access fees and other charges will continue until the service is terminated, expires, or finishes. All amounts not paid by the due date are overdue and you must also pay a late payment charge 1.5 percent per each 30 days past due from date of contract on all overdue amounts. Any credit balance less than or equal to $10 at the time of cancellation of your EOnlineDesign account will not be refunded to you. A returned payment administration fee of $25 will be charged on your next invoice for any payments not honored by a financial institution or credit card company. Where data is measured in kilobytes, the kilobyte count will include both protocol headers and user data. If at any point throughout the development process EOnlineDesign deems development work or source code in jeopardy of abuse, dispute, or any liability, EOnlineDesign has the right to remove all files and development from public access until a resolution is reached. You will use the service in compliance with law and with service rules adopted by EOnlineDesign from time to time. You will not use the service to transmit or send any annoying, inappropriate, improper, excessive, threatening or obscene material or to otherwise harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity. You will not engage in any activity that could compromise the security of or disrupt or interfere with the service or any network or computers on the Internet or disrupt or interfere with the services of any Internet access provider. You will use only authorized equipment on the service. You agree that, to maintain or improve the service, or for other business reasons, EOnlineDesign can in its sole discretion, suspend, restrict, modify or terminate all or any part of the service or make changes to the network and other facilities with at least three (3) days notice to you. The service is provided on an "as is" and "as available" basis. Your use of the service is at your sole risk. EOnlineDesign disclaims all warranties and conditions (express, implied or statutory) relating to the services. Upon transferring the files to a client, EOnlineDesign Inc. is not responsible for the use or abuse of said files, and hereby disclaims all liability resulting from involvement in development. EOnlineDesign will not be liable to you or any other person for any damages (direct, indirect, general, special, consequential, or otherwise), expenses, loss of profits, loss of earnings, loss of business opportunities, loss of data, or other loss, arising directly or indirectly out of or in connection with this agreement or the provision, use or failure of the service, whether negligent or otherwise, and which would otherwise give rise to a cause of action in contract, tort, or any other doctrine of law. Notwithstanding the limitations of liability in this agreement, in no event shall the aggregate, total liability of EOnlineDesign or its affiliates for damages, injury, losses and causes of action (whether in contract, tort or otherwise) arising from or relating to the provision, use or failure of the service exceed $20. You will indemnify EOnlineDesign from all losses, expenses and all manner of actions, claims and judgments sustained by or made against EOnlineDesign in connection with your use or misuse of the service, any phone used with the service or violation of these terms and conditions. Cancellation EOnlineDesign may suspend, terminate, or cancel the contract without any notice or liability: if you fail to pay any amount when due (including any required deposit); if you are in default under these terms and conditions or any other agreement between you and EOnlineDesign ; or when there is just cause for termination. Either party may, at their sole discretion, cancel this agreement by providing the other party a seven (7) days written notice of such cancellation; the seven days notice acts as a period for appealing the cancellation. In the event of cancellation, all work on the contract will be halted the day of notification until a resolution is reached. Until resolution is reached, all files will remain the property of the developer. Should cancellation occur before conclusion or completion of the contract as outlined, any development or support extending from the contract is cancelled as well. In the event that a contract is terminated and the customer is eligible for a refund, all refunds will be processed within thirty business days following the facscimile receipt of the EOnlineDesign Termination and Refund Agreement. Unless you consent in writing or disclosure is pursuant to a legal power, all information kept by EOnlineDesign regarding you is confidential, and may not be disclosed by EOnlineDesign to anyone other than yourself; and (i) a person, who in the reasonable judgment of EOnlineDesign , is seeking the information as your agent; (ii) at your request, to a company providing a directory listing service, provided that disclosure of information other than name, address and listed telephone number is made on a confidential basis with the information to be used solely for that purpose; (iii) an agent retained by EOnlineDesign to collect outstanding balances owed to EOnlineDesign by you, provided the information is required for, and is to be used only for, that purpose; and (iv) a law enforcement agency if EOnlineDesign. has reasonable grounds to believe that you have knowingly supplied EOnlineDesign with false or misleading information or are otherwise involved in unlawful activities directed against EOnlineDesign . The information EOnlineDesign requests from you includes your name, address, birth date, current phone number (if applicable), credit information and details about the services and products you have or desire. You may review this information by contacting EOnlineDesign at: sales@eOnlineDesign.com . You agree to provide EOnlineDesign with all information including credit card information, required to complete the transaction of paying for any service and any phone purchased by you from EOnlineDesign or for any product or service purchased through your phone. All information that you provide to EOnlineDesign will be stored and used in accordance with EOnlineDesign 's Privacy Policy. You consent to the disclosure by EOnlineDesign to third parties of any information that EOnlineDesign retains that may be necessary to enable you to receive services offered by EOnlineDesign from time to time after you subscribe for any such services. EOnlineDesign 's Privacy Policy may be viewed at eOnlineDesign.com EOnlineDesign has the right, but not the obligation, to monitor or log any EOnlineDesign Internet site or use of the service. You consent to any such monitoring and logging that is necessary to satisfy any law, regulation or other government request, or to enhance operating efficiencies, improve service levels, assess client satisfaction, or protect EOnlineDesign or its clients from unwanted use of certain services or applications. EOnlineDesign reserves the right to delete, remove or block access to any Internet capability, content, information or third party products or services available or transmitted through the service that EOnlineDesign , in its sole discretion, believes is unacceptable or in violation of these terms and conditions. You shall be responsible for maintaining the confidentiality of your EOnlineDesignaccount, (including all login names and passwords) and you are similarly responsible for all uses of your EOnlineDesign account whether or not such uses are actually authorized by you. EOnlineDesign may, in its sole discretion, alter, limit or delete any part of the online services at any time. EOnlineDesign is not responsible for any act or omission of third party service providers. You must not assign this agreement without EOnlineDesign 's written consent in advance. If you are a business, corporation or other entity, then you and the individual user of the service shall be jointly responsible for all obligations in these terms and conditions, individually and together. If any part of this agreement is void, prohibited or unenforceable, the agreement shall be construed as if such part had never been part of the agreement. This agreement shall ensure to the benefit of and bind the successors, assigns and personal representatives of you and EOnlineDesign. eOnlineDesign may arrange for subcontractors to perform any of eOnlineDesign's obligations under this Agreement. EOnlineDesign shall not be liable under any circumstances for any special, consequential incidental or exemplary damages arising out of, or in any way connected with, this agreement or the product including but not limited to: damages for lost profits, loss of use, lost data, phone bills, communication lines bills, loss of privacy, damages to third party even if EOnlineDesign has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise. EOnlineDesign uses highly automated computer system for billing, which reduces the chances of clerical billing errors to practically zero. Client will notify EOnlineDesign in writing via e-mail to billing@eOnlineDesign.com about any billing problems. EOnlineDesign will respond to Client within 7 days. Dispute over a bill is NOT a reason for non-payment. A 60-day-cut-off period is set for billing error claims. Client agrees that he/she has no rights to claim any billing errors for a period greater than 60 days from the date of the claim. All bills are final after 60 days. You agree that any materials including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to EOnlineDesign, or postings to or on the Site, are non-confidential (provided that personal information provided on non-public areas of the Site is subject to EOnlineDesign’s Privacy Policy) and you grant EOnlineDesign a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world in any media now known or hereafter developed with or without acknowledgment to you in EOnlineDesign’s sole discretion and without compensation to you. You also grant to EOnlineDesign the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against EOnlineDesign for any alleged or actual infringement or misappropriation of any proprietary right in your submitted materials and that the submission of any such materials to EOnlineDesign including the posting of materials to any forum or interactive area on the Site, irrevocably waives any and all "moral rights" in such materials including the rights of paternity and integrity. You represent and warrant that you own or otherwise control all of the rights to the material that you post; that the material is accurate; that use of the material you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify EOnlineDesign for all claims resulting from material you supply.
If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed separable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms. Nothing contained in this Agreement, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary. EOnlineDesign shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond EOnlineDesign’s reasonable control. In the event of any such delay or failure, the parties shall defer performance of the Services to a date and time mutually agreeable. This agreement shall be governed by the laws of the United States laws of California applicable therein.
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