LIMITATIONS OF LIABILITY AND INDEMNIFICATION
Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services.
Limited Warranties.
No Other Warranty.
Visual Design, does not monitor or exercise control over the content of the information transmitted through its servers. Use of the services or any information that may be obtained therefrom is at customer’s own risk. The services are provided on an “as is” basis, and customer’s use of the services is at its own risk. Except as provided in the order form(s), Visual Design, does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, noninfringement and title, and any warranties arising from a course of dealing, usage, or trade practice. Visual Design does not warrant that the services will be uninterrupted, error-free, or completely secure.
Disclaimer of Actions Caused by and/or Under the Control of Third Parties.
Visual Design does not and cannot control the flow of information to or from Visual Design network and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt customer’s connections to the internet (or portions thereof). Visual Design cannot guarantee that such events will not occur. Accordingly, Visual Design disclaims any and all liability resulting from or related to such events.
Delays and Interruptions
Visual Design shall not be liable for any loss of data resulting from delays, corruption of data, non-deliveries, mis-deliveries or service interruptions. Customer shall be solely responsible for the selection, use and suitability of the services, and Visual Design shall have no liability therefor. Except to the extent of Visual Design gross negligence or wilful misconduct, neither Visual Design nor its network services supplier will be liable for unauthorised access to Visual Design customer’s transmission facilities or premise equipment or for unauthorised access to or alteration, theft or destruction of customer’s data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of Visual Design’s or its network service supplier’s negligence.
Indemnification
Each party agrees to indemnify and hold the other harmless against any losses, costs, expenses (including, but not limited to, reasonable attorneys’ fees), claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) resulting from any claim, suit, action, or proceeding brought by any third party against the other or its affiliates related to or arising out of (i) any infringement or misappropriation or alleged infringement or misappropriation of any copyright, trade secret, patent, trademark, or other proprietary right related to any hardware or software utilised in connection with any of the Services (but excluding any infringement contributorily caused by the other party), and (ii) any violation of or failure to comply with the Rules or Regulations. Customer further agrees to indemnify Visual Design and its affiliates against any Losses which arise out of, or relate to any content provided by Customer or the customers/clients of Customer, and Customer will reimburse Visual Design and its affiliates for all legal expenses, including reasonable attorneys’ fees, incurred by Visual Design and its affiliates in connection with any such losses.
Consequential Damages
We recommended administration access to be solely held by Visual Design. If a client requires full administration access, we request this be made in writing. Once administration access is granted, the client assumes full responsibility for any actions, modifications, or damages caused directly or indirectly by themselves or any third party accessing the server through their credentials. The developer will not be held liable for any resulting issues or loss of data.
Except for the parties indemnity obligations, in no event will either party be liable or responsible to the other for any type of incidental, punitive, indirect or consequential damages, including, but not limited to, lost revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), product liability, strict liability or otherwise.
Acceptance
Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. Visual Design reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organisation or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
Please contact us with any questions regarding the Visual Design terms of service by email [email protected].