The following definitions apply: 'We' 'Us' 'our' and 'ourselves' means iReadySites. 'Contract' means these terms and conditions, appropriate purchase orders and the Special Conditions. 'Customer' means the Customer who purchases the Goods. 'Goods' means the products /services including but not limited to items provided by us as set out in the appropriate purchase order. 'Third Party Software' means all software owned by or licensed to the Customer from a third party owner (whether or not supplied by us) and which comprises part of the goods.
'Special Conditions' means an additional term or condition which has been agreed by the parties in writing and signed by an authorized signatory of ourselves and Customer. 'Standard Charges' means our charges for the Goods and the services to be provided under the Contract from time to time in force.
2a. These terms and conditions apply
to all contracts made between ourselves and the Customer
whether written or verbal and supersede all earlier conditions
2b. The Contract supersedes all prior agreements or contracts between the parties and constitutes the entire agreement between the parties.
2c. A contract will not be deemed to be binding on ourselves unless the Customer's purchase order has been accepted by the ourselves until such a time as the Customer received confirmation of their order in writing. We may, at our discretion accept any order placed by the Customer. The order will not be accepted by ourselves except in accordance with the terms of this clause.
2d. No quotation or estimate given by us shall be deemed to be binding on the parties unless expressed in writing as a 'fixed quotation' by us. It will be valid only until the date specified in the 'fixed quotation'. In which case it will be open to acceptance by the Customer. On receipt of a written acceptance of the fixed quotation by the Customer the Goods will be delivered to the Customer by a date to be notified by ourselves.
Our Websites and/or Templates can be acquired only in one type of license:
Single-site License - This license grants you the right to use The Website and/or Template Script/Software according to these terms and conditions but it does not grant you the property of The Website and/or Template Script/Software. The Website and/or Template Script/Software is licensed, not sold. Background scripts/codes may be encrypted and may not be available for editing.
This license is revocable, non-transferable and non-exclusive.
43a. We reserve the right to increase
the price of the Goods in accordance with our Standard
Charges at the date of delivery to the Customer should
the price of the Goods increase between the time of order
and the time of delivery. We will notify the Customer
prior to delivery should this situation arise.
4b. We reserve the right to adjust prices in accordance with any changes beyond our control but not limited to rates, duties or taxes payable or collectable by ourselves including those payable by ourselves in obtaining a supply from overseas.
If requested, we will produce proof of all charges and changes to the Customer.
4c. The 'price' is the price of the Goods, plus any additional charges mentioned in clause 4b, which is payable by the Customer on all Goods.
4d. Unless otherwise agreed by the parties in writing, the price does not include installation, operator training, traveling or hotel expenses. If any such services are provided by ourselves, the Customer will pay us, our Standard Charges for them.
The price of the 'Goods' is payable on demand. If the Customer does not pay any sums due to ourselves on demand or within the agreed credit term, (whichever is appropriate), without prejudice to any other right of ourselves, we reserve the right to charge interest on the balance of the invoice at the rate of 5% per month. The Customer will also be obliged to reimburse us for all costs and expenses (including legal) incurred in collecting any over-due amounts.
6a. Whilst we will use our best endeavors
to deliver the Goods on the agreed date, we shall be under
no liability whatsoever for any loss or damage resulting
to the Customer, due to a delay by ourselves in delivering
6b. The Customer has no right to modify, cancel or change the delivery date without the prior written consent of ourselves.
6c. We reserve the right to make delivery by installments. In this event, these terms and conditions will apply to each delivery as though it were a separate contract.
6d. We reserve the right to use our own chosen carrier (if required) for delivery of the Goods to the Customer. Goods will only be delivered (if required) to the address on the invoice unless otherwise agreed by the Parties in writing at the time of placing the order.
6e. We reserve the right to withhold any deliveries if payment following previous transactions is overdue.
6f. Delivery will be deemed to have been made, when the Customer or nominated person accepts and/or signs for delivery of the Goods. The Customer must inform us within 2 days of delivery if the order is short or inappropriate in any way. After that time the Customer cannot make a claim against ourselves in respect of any damage or shortage.
6g. If we agree to arrange for delivery of the Goods to any Customer on a specific date, the Customer must give verbal and written notice to us immediately if the Goods are not received within 3 days of the expected delivery date. If the Customer fails so to do so, the delivery will be deemed to have been made and any due payment will become due, whether or not it has actually been delivered.
7a. The Customer is not entitled
to any rights of copyright or design or any similar rights
in respect of any of the Goods.
7b. We are is free to produce similar goods and sell them to other parties without any restriction.
216, St. 11. Pakistan Town, Lohi Bhair
Islamabad, Pakistan Tel: 92 51 549 3310
8a. We are not liable for any failure
in performance of any obligations under the Contract caused
by factors outside our control.
In the event of such failure, we may terminate the Contract without liability to the Customer.
9a. All our Goods come with a 30-days
hassle-free moneyback guarantee.
9b. The guarantee period on all products, unless otherwise stated is for 30-days from date of sale from the us to the customer.
9c. The express terms of the Contract are in lieu of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, cause of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
9d. We have no liability or obligation to replace the goods if any file/script has been modified improperly, stored or used, damaged by accident or neglect or maintained other than the proper procedures as described iReadySites.
10a. The Customer acknowledges that
any proprietary rights in any Third Party Software supplied
within this contract, including but not limited to any
title or ownership rights, patent rights, copyrights and
trade secret rights, shall at all times and for all purposes
vest and remain vested in the Third Party Software owner.
10b. The Customer acknowledges that it is its sole responsibility to comply with any terms and conditions of license attaching to Third Party Software supplied and delivered by ourselves (including, if so required the execution and return of a Third Party Software license). The Customer is hereby notified that failure to comply with these terms and conditions could result in the Customer being refused a software license or having the same revoked by the proprietary Software owner as a result of any breach by the Customer of such conditions.
10c. No title or ownership of Software products or any Third Party Software licensed to the Customer under this agreement is transferred to the Customer under any circumstances.
11a. All our pre-made Goods come
with a 30-days hassle-free moneyback guarantee. If due
to any reason you are not satisfied with the Goods,
contact us with your order details and we will issue
11b. Due the nature of customized Goods (designed and developed specifically for a Customer), we offer no returns and/or refunds.
THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE, OUR PRODUCTS AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT, CONTENT OF THE TEMPLATES OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, COMPENSATORY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR ANY LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM A DIRECT OR INDIRECT RESULT OF THE OPERATION, CONTENT OR YOUR USE OF THE iReadySites.com's WEBSITE, TEMPLATES AND MATERIALS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold iReadySites.com harmless, including our affiliates, directors, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the website and products and services offered; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
These terms and conditions shall be governed by and construed in accordance with the laws of United Stats of America and each party agrees to submit to the exclusive jurisdiction of the courts of United Stats of America.
All statements, guarantees or warranties in the above terms and conditions are in addition to your statutory rights.