Terms & Conditions

BusinessPro Designs® Website Development Terms & Conditions

BusinessPro Designs® provides products, software and manpower Services (collectively, hereinafter referred to as "Services") subject to any customer's or buyer's (hereafter referred to as "Client") acceptance of and compliance with the Terms and Conditions (hereinafter referred to as "Terms") and the terms and conditions of the Service Level Assurance Agreement (hereafter referred to as "SLA") outlined below:

Terms:

The Terms of the Agreement will commence on the date the Client enrolled for our Services and will end when terminated by either party in accordance with the Terms and SLA.

BusinessPro Design has the authority to use its identifying mark that might come in the form of Logo, Design, URL or any types of brand identity to all websites produced from here and it will come into force without any consent of its customers or clients.

Description of Service:

BusinessPro Designs may provide Client with one or more of the following Services depending on the service package that the Client selects: business website, business-related website pages, Search Engine Marketing, Search Engine Optimization, third party Content, storage space, Domain-based e-mail Services, website hosting, or maintenance and support Services. Unless explicitly stated otherwise, any new feature that augments or enhances the Services shall be considered to be part of the Services.

BusinessPro Designs reserves the right to modify, suspend or discontinue the Services (or any part thereof), based on non-cooperation, non payment, or unwanted delay from client, at any time, without notice. Client expressly agrees that Client, or any related third party, shall not hold BusinessPro Designs or its suppliers liable for any losses, damages or consequences whatsoever from such modification, suspension or discontinuation of the Services.

Access to Information:

For purposes of the Agreement, all web pages that are owned, operated or hosted by, or on behalf of, or for BusinessPro Designs, are referred to herein as the BusinessPro Designs Websites.

To access the BusinessPro Designs Services or BusinessPro Designs Websites Client may be asked to provide certain registration details or other information. It is a condition of Clients use of the Services or access to the BusinessPro Designs Websites that all the information Client provides will be correct, current, and complete. If BusinessPro Designs believes the information that the Client has provided is not correct, current, or complete, BusinessPro Designs has the right to refuse Client access to any BusinessPro Designs Websites or Services or any of its resources, and to terminate or suspend Clients account at any time.

Post Delivery Support Clause

BusinessPro Designs will be obligated to provide Technical Support on all projects delivered, for no more than one month (30 days – inclusive of weekends and other public holidays), from the date of delivery/go live. This clause shall not cover projects not hosted with us, as we cannot support changes made by other provider. For any and all issues arising post the support period specified above, BusinessPro Designs will be happy to offer assistance, however, all such assistance will be at cost to the customer. The cost will be determined on a case to case basis after proper requirement analysis. For reasons of understanding this clause better, the term “Technical Support” has been further defined to cover only the following line items :

-    Errors/Bug fixing.
-    Technical trouble shooting.
-    Technical advise.
-    Minor changes to the site. This does not include any structural, functional, design or any such change that alters the original scope of the project.

Cancellation & Refund Policy

All amounts owed by the client to BusinessPro Designs for Services rendered prior to the verified cancellation date must be paid in full. There will be no prorating for partial months throughout the Agreement. Due to account security and privacy concerns, all billing related questions and cancellation requests MUST be made in writing or via email.

Cancellation requests will only be processed if made by the initial authorizing party and if received in writing. There will be no refunds of any monies for any cancellation requests made after the cooling off period of 7 days from the date of order. For security and training purposes, all calls inbound and outbound through BusinessPro Designs corporate offices are digitally recorded and the recordings form a part of the verbal contract between BusinessPro Designs and the client.

Any cancellations done after the cooling off period by the client, for any reason whatsoever, will lead to a full payment of the agreed price and immediate termination of the contract, until otherwise mutually agreed between BusinessPro Designs and the client.

Renewal Clause

BusinessPro Designs reserves the right to cancel any domain/hosting service active on its servers by providing the clients with a maximum notice period of seven days, prior to the date of expiry. The notice will be provided to the clients through one of the following mediums :

-    First class post, 2 days from the date of posting
-    Hand or by facsimile transmission
-    Electronic mail
-    Phone Call

The clients are requested to ensure that renewal of service is done atleast seven days prior to expiry, else the above clause will come into effect. Failure to comply with these terms absolves BusinessPro Designs of any and all responsibility to keep the hosting service active beyond this period.

Payment

Client agrees to pay BusinessProDesigns the service fee, for any Program or Service Client enrolls in, pursuant to the terms of the Payment Plan Client selected, including, without limitation, all applicable taxes, if any, in accordance with the billing terms in effect at the time the service fee becomes payable. Client expressly understands, acknowledges and hereby authorizes BusinessProDesigns to automatically charge Client’s credit card or debit Client’s bank account once a month or one time as per the Program requirement.

Client will be charged as soon as they sign up over the phone. BusinessProDesigns also reserves the right to pursue alternative means of payment up to and including debt collection services and customer shall be liable for all collection costs, including without limitation, attorneys’ fees.

Payment Collection

As BusinessProDesigns provides a bill-through service for sponsored listings, the company takes a significant credit risk for each and every Client. Therefore, Client is responsible to maintain an active and valid payment method on file at all times. If for any reason, Client’s payment method is not available, BusinessProDesigns reserves the right to immediately and temporarily turn off the web site, pay-per-click ads, sponsored listings and ongoing or then current production, reporting, or support Services being provided to account. If the payment is not received, BusinessProDesigns reserves the right to terminate the Agreement in full and retain ownership of the web site, domain name, or other Services until such time the account has been paid in full. All Term Commitment Terminations will result in an escalation of all fees owed under the Terms of the Agreement. Many clients maintain multiple forms of payment on file to prevent this from occurring.

Representations and Warranties

Client represents, warrants and covenants that (i) Client has sufficient authority to enter into the Agreement; (ii) Client is a business, not a consumer, and that Client’s use of BusinessProDesigns services is solely for lawful commercial and business purposes; (iii) Client has the necessary rights to provide all information provided under the Agreement for use as described in the Agreement, and that all such information and all claims, statements, products and services contained or referenced therein and in the web site to which it links: (a) do not violate any law, statute, ordinance, treaty or regulation or BusinessProDesigns policy or guideline; (b) do not infringe any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (c) do not breach any duty toward or rights of any person or entity including rights of publicity or privacy, and have not otherwise resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (d) are not false, deceptive or misleading; (e) are not defamatory, libelous, slanderous or threatening; (f) will be free of viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information; and (g) comply with the applicable Program Terms; and (iv) comply with all laws regarding unsolicited electronic messages (including without limitation, the CAN-SPAM Act of 2003 and Client will not engage in any form of spamming or other impermissible marketing activities through any BusinessProDesigns Program.

Indemnification

Client will indemnify and hold BusinessProDesigns, its subsidiaries, affiliates, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Master Terms and Conditions or the applicable Program Terms by Client, including any use of content and third-party content developed by BusinessProDesigns other than as expressly authorized in these Master Terms and Conditions. Client agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and Client agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. Client will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Client’s use of the information accessed from BusinessProDesigns.

Trademarks

Trademarks, service marks, and logos appearing in this site are the property of BusinessProDesigns or the party that provided the trademarks, service marks, and logos to BusinessProDesigns. BusinessProDesigns and any party that provided trademarks, service marks, and logos to BusinessProDesigns retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site..

Security

Any passwords used for this site are for individual use only. Client will be responsible for the security of Client’s password (if any). BusinessProDesigns will be entitled to monitor Client’s password and, at its discretion, require Client to change it. If Client uses a password that BusinessProDesigns considers insecure, BusinessProDesigns will be entitled to require the password to be changed and/or terminate Client’s account. Client will notify BusinessProDesigns immediately if Client believes that the security of Client’s account has been compromised. BusinessProDesigns AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES RESULTING FROM ANY SECURITY BREACHES.
Client is prohibited from using any services or facilities provided in connection with BusinessProDesigns to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If Client becomes involved in any violation of system security, BusinessProDesigns reserves the right to release Client’s details to system administrators at other sites in order to assist them in resolving security incidents. BusinessProDesigns reserves the right to investigate detected violations of these Master Terms and Conditions.
BusinessProDesigns reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing BusinessProDesigns to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Master Terms and Conditions. BY ACCEPTING THIS AGREEMENT CLIENT WAIVE AND HOLD HARMLESS BusinessProDesigns FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BusinessProDesigns DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BusinessProDesigns OR LAW ENFORCEMENT AUTHORITIES.

Proprietary Information

The material and content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by BusinessProDesigns (the "Content") is the proprietary information of BusinessProDesigns or the party that provided the Content to BusinessProDesigns, and BusinessProDesigns or the party that provided the Content to BusinessProDesigns retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of BusinessProDesigns, except that Client may print out a copy of the Content solely for Client’s internal use. In doing so, Client may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Master Terms and Conditions is prohibited. Neither title nor intellectual property rights are transferred to Client by access to the Programs or BusinessProDesigns web sites. Client is expressly prohibited, directly or indirectly through any third party, from any of the following: (i) copying, modifying, creating a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover the source code of any software pertaining to the Programs or BusinessProDesigns web sites; (ii) renting, leasing, selling, assigning, transferring, sublicensing, re-licensing, granting a security interest in, or gaining unauthorized access to the Programs or BusinessProDesigns web sites; and (iii) accessing the Programs or BusinessProDesigns web sites by any means other than through the interface that is provided by BusinessProDesigns for use in accessing the Programs or BusinessProDesigns web sites.
BusinessProDesigns suppliers are the exclusive owners of all right, title and interest in and to the Programs or BusinessProDesigns web sites along with any and all related intellectual property rights including, without limitation, all associated rights under the laws of copyright (including derivative works), trademarks and patent. Nothing in this Agreement shall be deemed to limit or restrict BusinessProDesigns suppliers from providing its Programs, BusinessProDesigns web sites or technology to any third party for any purpose whatsoever, or in any way affect the rights granted to such other third parties. The use of any of the Programs or BusinessProDesigns web sites shall in no way be construed by any user as granting or conferring upon them any intellectual property rights whatsoever.

External Sites

This site may be hyper-linked to other external sites that are not maintained by, or related to, BusinessProDesigns. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or BusinessProDesigns. BusinessProDesigns has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at Client’s own risk, and BusinessProDesigns makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by BusinessProDesigns of that site.

Submissions

Client hereby grants to BusinessProDesigns the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to BusinessProDesigns through this site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. BusinessProDesigns will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future BusinessProDesigns operations. BusinessProDesigns and its suppliers do not claim ownership rights in any Content that Client owns, or are owned by a third party, and that Client has provided for inclusion in the Services and/or incorporation onto Client’s web site. Accordingly, Client is solely responsible for ensuring that said Content does not violate any of BusinessProDesigns policies or rig or any rd party’s rights.

BusinessProDesigns.com will treat any personal information that Client submits through this in accordance with its Privacy Policy. Communications From BusinessProDesigns

Client agrees to receive all communications from BusinessProDesigns, whether via telephone, facsimile, or e-mail, and expressly agree not to consider any such communication(s) as unsolicited. Refusal to receive such communications from BusinessProDesigns will constitute grounds for termination of this Agreement and deactivation of Client’s Web site.

Termination For Cause

BusinessProDesigns and its suppliers reserve the right to immediately terminate this Agreement and deactivate Client’s account and access to Programs or BusinessProDesigns web sites if they believe, in their sole and absolute discretion, that Client has: (i) violated, or threaten to violate, the terms of this Agreement; or (ii) created, or are creating, web sites as a nuisance or in a deliberate attempt to degrade or otherwise interfere with the Programs or BusinessProDesigns web sites. Any user who is terminated for cause under this section hereby agrees to forfeit any and all rights, claims and/or causes of action against BusinessProDesigns and its suppliers, including without limitation Client’s rights to any refunds or for any losses, expenses, damages or costs incurred as a result of such termination and deactivation.

Site Ownership

Copyright, code structure, processes, imagery, and intellectual property related to the finished web site produced by BusinessProDesigns will be owned by BusinessProDesigns. Transfer requests must be initiated by the Client to the dedicated BusinessProDesigns Project Coordinator in writing. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of BusinessProDesigns. BusinessProDesigns retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. The web site(s) may contain a copyright/legal statement with a link to BusinessProDesigns services and corporate web site. Client assumes all liability for licensing the proper technology, and imagery, for the site to operate properly outside of BusinessProDesigns hosting environment. If Client desires to transfer the site to another hosting platform, BusinessProDesigns reserves the right to charge a one time ownership transfer fee of $ XXXX.00, which includes all supporting code, fonts, imagery, etc.

Force Majeure

BusinessProDesigns shall not be liable or deemed to be in default under this Agreement for any delay or failure to perform resulting from (a) accidents, fire, labor disputes, epidemics, war, terrorist acts, riots, insurrections, power blackouts, acts of nature or causes beyond its reasonable control without its fault or negligence, (b) acts or omissions of the other Party or of a third Party (other than the non-performing Party’s own agents or contractors), or (c) compliance with any law, regulation, ruling, order or requirement of any federal, state or municipal government or agency or court of competent jurisdiction (a ‘Force Majeure Condition’).

Data Limitations

BusinessProDesigns will impose the following data limitations on email and bandwidth provided by BusinessProDesigns through its products and services offering.

Limitations of Liability

CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT BusinessProDesigns AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO CLIENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BusinessProDesigns HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.