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Terms & Conditions
Billing: The
entire setup fee is due prior to the activation of service unless
otherwise granted by IT-BY.COM Inc. All fees are non-refundable as per
this agreement.
Web Site ownership:
Customer agrees that IT-BY.COM retains the ownership of the web site,
custom programming, graphics, layout and creative content associated
with the development of the customer's web site until the balance of
the project is paid in full.
Termination, Warranties and
Indemnities:
IT-BY.COM Inc. reserves the right to cancel this agreement for any
reason, provided written notice is sent to the Customer. If IT-BY.COM
Inc. cancels this agreement due to overdue payment, notice from
IT-BY.COM Inc. can include email, fax or written notice. The Customer
may terminate this agreement for any reason by submitting written
notice for cancellation either by fax 375-17-237-15-21 or email to profound@tut.by
. If the Customer terminates agreement with ITBY.COM Inc., Customer
will be liable for all setup fees before any completed work will be
given to the Customer. Either party may terminate this Agreement at any
time in the event of a material breach by the other party, which
remains uncured after thirty days written notice thereof.
Customer
is solely responsible for any legal and financial liability arising out
of or relating to the material, which includes but is not limited to
any and all changes made to the customers website by IT-BY.COM Inc.
including meta content, graphics, and keywords, which the customer
desires to have IT-BY.COM Inc. place online for purposes of the
advertising ("Advertising Material") or any Web site linked to from
such Advertising Material. The Customer represents and warrants that
the Advertising Material it seeks to have IT-BY.COM Inc. place online
and any Web site linked from such Advertising Material complies with
all local, state, federal and foreign regulations and laws. The
customer also represents and warrants that all text and images supplied
for reproduction either conventionally or in its digital form are
unencumbered by copyrights and other usage rights connected with
the text or images and agrees to hold harmless and indemnify IT-BY.COM
Inc. including, but not limited to, such violations as infringement or
misappropriation of any copyright, patent, trademark, trade
secret, music, image, or other proprietary or property right, false
advertising, unfair competition, defamation, invasion of privacy or
rights of celebrity, violation of any anti-discriminatory law or
regulation, or any other right of any person or entity. Customer agrees
to indemnify IT-BY.COM Inc. and to hold IT-BY.COM Inc. its officers,
directors, employees & agents harmless from any and all liability,
loss, damages, claims, or causes of action, including reasonable legal
fees and expenses that may be incurred by IT-BY.COM Inc. arising out of
or related to Customer's breach of any of the foregoing representations
and warranties. The Customer is required to make a copy of the original
website prior to allowing IT-BY.COM Inc to begin work on the new and
enhanced version of the original website. The customer will not hold
IT-BY.COM Inc. liable for any loss of materials including website
content and source code by the customer or IT-BY.COM Inc. once the
agreement is signed.
Dispute Resolution: This
Agreement shall be governed by and construed in accordance with the
laws of the Belarus Republic, without giving effect to its conflicts of
law's rules. Any dispute or controversy arising under or related to
this Agreement shall be adjudicated in a court of competent
jurisdiction within the Belarus Republic. The parties hereto each
hereby waive any jurisdiction, venue and inconvenient forum objections
to the state court sitting in Belarus. This Agreement supersedes and
replaces any existing written or oral agreements between IT-BY.COM Inc.
and the Customer and may be modified only in writing signed by both
parties. Any failure by IT-BY.COM Inc. to enforce any provision of this
Agreement shall not constitute a waiver of any term hereof. This
Agreement contains the entire agreement between the parties with
respect to the subject matter hereof. If any provision of this
Agreement is determined to be invalid, illegal or unenforceable, the
enforceability of the remaining provisions shall not be affected.
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