ACCEPTANCE OF TERMS
MACKSTOR 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:
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.
MACKSTOR DESIGNS 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:
MACKSTOR DESIGNS may provide Client with one or more services, included but not limited to, following: Website Design & Development and affiliated products/services, Internet Marketing, Mobile Application Development, Content Development, and/ 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. MACKSTOR 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 MACKSTOR DESIGNS or its suppliers liable for any losses, damages or consequences whatsoever from such modification, suspension or discontinuation of the Services.
ACCESS TO INFORMATION:
To access MACKSTOR DESIGNS Services or MACKSTOR DESIGNS Websites Client may be asked to provide certain registration details or other information. By accepting these terms & conditions, the Client hereby acknowledges that all the information provided by the Client will be correct, current, and complete. If MACKSTOR DESIGNS believes the information that the Client has provided is not correct, current, or complete, MACKSTOR DESIGNS has the right to refuse Client access to any MACKSTOR DESIGNS Websites or Services or any of its resources, and to terminate or suspend Clients account at any time.
Calls may be recorded for training and quality purposes.
CHANGES TO WEBSITE:
MACKSTOR DESIGNS hereby declares that The Company has sole right to change or remove the website (temporarily or permanently) or any part of it at any time, without notice. MACKSTOR DESIGNS shall not be liable to anyone (Client, third-party vendor or user) for any such changes or removal.
DATABASE, E-COMMERCE & APPLICATION DEVELOPMENT:
MACKSTOR DESIGNS is not liable for any losses caused by any software that is created for the client. Though we take every care to ensure the products are accurate and error-free, the ultimate responsibility remains with the Client to ensure that all products and software are functioning properly before use.
Where site and applications are developed on servers that are not provided by MACKSTOR DESIGNS, the Client will be responsible to provide and/ or seek any information, support, additional software and/ or co-operation relating to the server required for application to be developed correctly. For developing large applications, the Client will be responsible for providing a suitable testing environment, identical to the Client’s final production environment.
Any application or programming pertaining to a website developed by MACKSTOR DESIGNS, the Client is expected to fully test them before making the same generally available for use. MACKSTOR DESIGNS will endeavour but not obliged to correct errors, “bugs” or other issues are found in the website developed by us after the site is live to meet the standards of site’s function outlined in the brief.
We will make every effort to ensure that the design of the website and any other work done by us is error free; however, MACKSTOR DESIGNS will accept any responsibility for losses incurred because of malfunction of the website or any part of it. MACKSTOR DESIGNS will be the rightful owner of the web server, website, graphics, content, and any programming code until the Client pays all outstanding accounts in full. Any work done by MACKSTOR DESIGNS will remain our property and copyright of MACKSTOR DESIGNS, unless otherwise agreed, and may be resold or commercially reproduced only with the permission of MACKSTOR DESIGNS.
MACKSTOR DESIGNS will not be liable for any copyright infringements that are caused due to materials submitted by the client.
Any additions to the brief where MACKSTOR DESIGNS makes no charge will be done at the sole discretion of MACKSTOR DESIGNS and for such additions MACKSTOR DESIGNS will not accept any responsibility to ensure that such additions are error free. We reserve the right to charge the Client accordingly for any correction to these additions or for further additions.
MACKSTOR DESIGNS will not be responsible for any loss of earnings, compensation or costs incurred due to any work carried out by the Client, on behalf of the Client, or by any third-party agents appointed by the Client.
MACKSTOR DESIGNS is not liable for loss of earnings, compensation or costs incurred because of the unavailability of the website, servers, software or other material provided by its agents.
MACKSTOR DESIGNS owns or has the license to or otherwise permitted by law to use the trade marks, copyright and intellectual property rights of the site and its content including (but not limited to) the website design, graphics, text, source codes and all software connected with the website.
Using this websites, you are agreeing to access the content only for your personal and non-commercial use home use. You cannot download, copy, transmit, reproduce, store, distribute or sell the content without the prior and written consent of MACKSTOR DESIGNS.
DISCLAIMERS AND LIMITATION OF LIABILITY:
The website of MACKSTOR DESIGNS is provided on an “AS AVAILABLE” and “AS IS” basis. MACKSTOR DESIGNS, to the extent permitted by the law, is not responsible for any direct, indirect consequential damage or loss (including but not limited to loss of business, data, opportunity and/ or profit) caused due to the use of the website.
MACKSTOR DESIGNS does not warranty that the website’s functionality will be error free or uninterrupted, that defects will be rectified and/ or that the website or server making it available are free of any virus or anything else that can be destructive or harmful.
CANCELLATION & REFUND POLICY:
All amounts owed by the client to MACKSTOR 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, made through MACKSTOR DESIGNS corporate offices are digitally recorded and the recordings form a part of the verbal contract between MACKSTOR DESIGNS and the client.
Any cancellations done after the cooling-off period by the client, for any reason, will lead to a full payment of the agreed price and immediate termination of the contract, unless otherwise mutually agreed between MACKSTOR DESIGNS and the Client.
Client agrees to pay MACKSTOR DESIGNS the service fee, for any Program or Service Client enrols 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 MACKSTOR DESIGNS 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. MACKSTOR DESIGNS 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.
As MACKSTOR DESIGNS provides a bill-through service for sponsored listings, the company takes a significant credit risk for each and every Client. Therefore, the 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, MACKSTOR DESIGNS reserves the right to immediately and temporarily turn off the website, 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, MACKSTOR DESIGNS reserves the right to terminate the Agreement in full and retain ownership of the web site, 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 MACKSTOR DESIGNS 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.
AGREEMENT TO THE POLICY:
You should be aware that by submitting any kind of personal details to our website, you indicate your acceptance to the terms given above. In case of any queries or concerns you are always free to contact us for further assistance.
You acknowledge that The Web Designer collects and processes “personal information” (i.e. information that we can contact you with) or “demographic and usage information” (i.e. information that you submit, or that we collect, that is not personal information but is necessary for the proper functioning and billing of our service). We may pass on your personal information to your mobile phone service provider to secure collection of fees. Further, we may pass on your information to governmental agencies, including but not limited to courts and district attorneys’ offices for legal proceedings and the prevention of crimes.
Collection of Personal Information
We take your electronic privacy seriously. While we are the sole owner of the information we gather on the Website, we will not share any of your information with any outside party without your explicit consent unless we are required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law, cooperate with law enforcement or other government agencies, or comply with a legal process served on the Website, or court orders. We may pass on your personal information to your mobile phone service provider to secure collection of fees.
THERE ARE THREE KINDS OF INFORMATION THAT THE WEB DESIGNER OBTAINS ABOUT YOU
- Aggregate Information is anonymous data that Websites use to analyse trends, administer the Website, diagnose problems on the sites and communication networks, track users’ movement, gather broad demographic information for aggregate use and to help improve the quality of the web pages. It may be your domain name, your IP address, or mobile phone network provider. None of this information is connected with Personally Identifiable Information.
Personally, Identifiable Information:
- Personally, Identifiable Information is any information that personally identifies you. When you request and order, or place an enquiry from our website The Web Designer collects your contact details. This information is mandatory so that we are able to record the progress and the request of your order or enquiry, there will be additional information required to join the The Web Designer membership club. As a The Web Designer member you will be offered promotions as they come available. We also record other information including responses to promotions. Whenever a page is requested from our web server, we record the time, date and URL of the request, along with information on the browser software that is being used. This information is collected to provide valuable research in better understanding the preferences of our members and to enable us to better target our communications, including promotions
Use and Disclosure:
- We may share Aggregate Information with our partners and advertisers. We will not share your Personally Identifiable Information with any third party unless we have obtained your expressed consent to do so. An “opt-out” option will always be made available to you with all communication.
Our use for your Personally Identifiable Information can include:
To notify you of upcoming promotions;
To identify you if you are subscribed to Mackstor Designs.
We will not disclose any Personally Identifiable Information about you without your express consent unless we believe it is necessary:
WHERE IT IS REQUIRED BY LAW
To provide you with services which you have requested;
Administer and manage those services, including charging, billing and collecting debts;
To implement our terms of service;
To protect our rights or property or those of any Website user, or any member of the public;
To lessen a serious threat to a person’s health or safety;
Website Service Updates;
For the purposes set out above we may disclose your personal information to organizations outside The Web Designer. Where appropriate, these disclosures are subject to privacy and confidentiality protections. The organizations to which we disclose information include:
OUTSOURCED SERVICE PROVIDERS WHO MANAGE THE SERVICES WE PROVIDE TO YOU, INCLUDING:
billing and debt-recovery functions;
information technology services;
your representatives (e.g. your authorized representatives or legal advisers);
credit-reporting and fraud-checking agencies;
credit providers for credit related purposes such as creditworthiness, credit rating, credit provision and financing;
our professional advisers, including our accountants, auditors and lawyers;
government and regulatory authorities and other organizations, as required or authorized by law;
Other telecommunication and information service providers; and our related companies.
DATA QUALITY AND SECURITY OF PERSONAL INFORMATION:
We take reasonable precautions to protect your security. We use encryption technology to ensure information is protected when being sent over the Internet. Unfortunately, there is always a risk involved in sending information through any channel including the Internet and you do so entirely at your own risk.
Authorized employees and contractors will have limited access to your personal information where it is necessary to enable them to perform relative functions. The Web Designer and our associated agencies and companies are obliged to respect the confidentiality of any personal information held by us.
LINKS TO THIRD PARTY WEBSITES:
This Website may contain links to other sites where we cannot be held responsible for the privacy practices of these sites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every Website that collects Personally Identifiable Information. This privacy statement applies solely to information collected by this Website.