We agree to provide our services to you on the following terms and conditions,You should carefully read the following Terms and Conditions.Use of our products/Services implies that you have read and accepted these Terms and Conditions
A. The Services:
The Company will:
(a) design and deliver the Website;
(b) incorporate the Customer Works and Third Party Works into the Website;
(c) keep the Customer informed of the progress of the Website's development; and
(d) provide the Customer with reasonable access to the Website during the Term; (the "Services").
The Company will use all reasonable endeavours to perform the Services in accordance with the timetable set out in Schedule 2; however, the Company does not guarantee that that timetable will be met.
B. Customer obligations:
The Customer will provide the Company with:
(a) such co-operation as is required by the Company (acting reasonably) to enable the performance by the Company of its obligations under this Agreement; and
(b) all information and documents required by the Company (acting reasonably) in connection with the provision of the Services.
The Customer will be responsible for procuring any third party co-operation reasonably required by the Company to enable the Company to fulfil its obligations under this Agreement.
C. Powered By:
Company will add a powered by or developed by on all sites created/developed by us. Any product developed by the company will be added to our portfolio both online and offline. If the customer is also a web development company and wish to add their name as well, they may do so by adding a seprate tag or adding a coomulative tag for both companies.
Customer has no right to remove this tag with prior written authorization from the company. If the customer do so, product license will become invalid and customer will voluntarily forfeit all rights to the product license.
There is a fee of 25% of cost of the project to remove this powered by tag. However, the decission to remove this tag is solely of the company and company reserves the right to refuse to remove the powered by tag.
D. Delivery and acceptance:
The Company will use all reasonable endeavours to deliver the Website to the Customer for acceptance testing on or before the Delivery Date.
During the Acceptance Period, the Customer will carry out acceptance tests to determine:
Upon receipt of client's final approval(s) in writing (Review/Feedback on Freelance Portal(s) ) for the endeavored development and/or web services project, and once all payments have been received in full, the client would be vested with the copyright(s) of the site, thus proceeding to the launching of the website, with the below mentioned restrictions:
1. Images including but not limited to photographs and computer generated images, supplied by Company, remain the copyright of Company or their suppliers and may not be reproduced, electronically or in print, without its express written permission.
2. Only one instance of a website can be made available on the World Wide Web;
3. No portion of the coding can be copied and/or duplicated or redistributed in any form electronic or otherwise.
Full access to all files relating to the website would be given to the client upon receipt of final written approval(s) and final payment(s).
All data stored in an online database would effectively become the property of the client along with any rights and responsibilities associated with this, including, but not limited to, the clients responsibilities and duties in relation to the Data Protection Act.
E. Refund, Replacement and Cancellation Terms:
As customary of Company's nature of business and services rendered, any deposit paid is non-refundable.
Any errors identified with work undertaken by Company must be notified in writing on immediate discovery of the error. Company will attempt to resolve any genuine errors as quickly as possible using reasonable means. Company cannot accept responsibility for any loss either monetary or otherwise due to any web site errors.
F. CopyRights:
Customer will only get a license to the product to use it with or without modifications on a single domain and the product remains the property of the company. All intectual rights are reserved of all products to the company. It is strictly prohibited to re distribute the products by any means without prior written permission from the company which may cost extra licenses fee. Customer cannot claim to be the creater/developer of the product.
G. ASSUMPTION OF RISK:
You expressly agree that the use of any and all Products distributed by the Company and available as part of the Company collection and website is done so solely at Your own risk.
The Company does not warrant or guarantee that Products on Mechatronicsltd.com are free from copyright or other intellectual property concerns.
H. LIMITATION OF LIABILITY:
1. In no event shall Company's juridical person, its employees, directors, officers, affiliates, licensers, suppliers, distributors, or anyone else associated with the Company be liable for any damages, including, but not limited to, indirect, special, incidental, consequential, economic damages including but not limited to loss of revenue or profits, lost savings, or loss of data arising out of the use, or inability to use, our Products. Furthermore, You assume the cost of service, repairs or corrections to Your hardware, software, or other equipment. the Company or any of its affiliates, officers, directors, employees, licensers, suppliers, distributors, or related parties, will in no event be liable for any damages to exceed the amount paid by You for Your most recent the Company membership term or single Product purchase price, if any, for accessing or using the Company, or purchasing or downloading Products from the Company, or for accessing, acquiring, and/or using Products from the Company, even if the Company has been advised of the possibility of such damages.
2. You agree that the Company is not responsible and shall not be held liable to You or any other party for any threatening, defamatory, obscene, offensive, or illegal conduct or speech of any other party or any infringement or violation of another's rights, including, but not limited to, intellectual property rights, rights of publicity, or rights of privacy.
3. You agree that the Company is not responsible for, and shall have no liability to You with respect to any information, product, or service offered by others who are linked to the Company website. the Company shall not be liable for any damages allegedly sustained in connection with or arising from Your use of said information, products, or services. In further words, You understand that the Company will not be held accountable for any external links that originate on Mechatronicsltd.com.
I. INDEMNIFICATION:
You agree to fully indemnify, hold harmless and defend at Your own expense the Company, its employees, directors, officers, and any other entity associated with the Company, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys' fees and expenses, arising in connection with Your use of the Company Products and the Website or in connection with any breach of any of the terms of this Agreement.
J. ENFORCEABILITY:
The invalidity or unenforceability of any provision of this Agreement and Terms of Use will not affect the validity or enforceability of any other provision of this Agreement and Terms of Use. the Company reserves the right to modify these Terms of Use at any time. the Company also reserves the right to terminate this Agreement and Terms of Use without notice, if, in the Company's sole discretion, You fail to comply with any term of this Agreement and Terms of Use. Upon termination, You must destroy all content, materials and Products obtained from this Site, copies and related documentation thereof. In addition, the Company reserves the right to terminate the Website, Mechatronicsltd.com, without notice.
K. JURISDICTION:
This Agreement, its validity and effect, shall be solely interpreted, and governed by, the laws of United Kingdom. Any claims shall be brought solely in the Federal District Court of the United Kingdom and you expressly consent to the exclusive jurisdiction of the federal courts of the United Kingdom. You consent to the service of any required notice or process upon You by registered mail or overnight courier to the address provided to the Company with Your registration, as You may update from time to time, with proof of delivery.
L. LEGAL FEES:
You agree to reimburse the Company for its legal fees, costs and disbursements if the Company is successful in enforcing any of its rights under this Agreement including, without limitation, in connection with any action to collect payment.
M. ENTIRE AGREEMENT:
You acknowledge that You have read this Agreement, understand it, had an opportunity to seek independent legal advice prior to agreeing to it, and agree to be bound by its terms and conditions. In consideration of the Company agreeing to make available its Website and provide its Products, You agree to be bound by the terms and conditions of this Agreement. You further agree that this Agreement expresses the entire understanding and agreement between the Company and You, and it is the complete and exclusive statement of the Agreement between You and the Company, which supersedes any proposal or prior agreement, oral or written, and any other communication between You and the Company relating to the subject of this Agreement. Further, You agree that placing this Agreement on the Mechatronicsltd.com website shall serve as sufficient notification of the Company's Terms of Use/End-User License Agreement, which may be amended from time to time, and that any purchase on Mechatronicsltd.com or ordering from any freelancing portal or any access to Mechatronicsltd Products represents Your affirmative understanding and acceptance of this Agreement, any modifications or revisions to this Agreement, and all terms and conditions outlined herein. You also acknowledge that this Agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between You and the Company with respect to the matters expressly set forth in this Agreement.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED