This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web Design, Web Hosting, e-Commerce or other Internet-related services provided by GWS-Global Web Services i.e GWS-Desk, GWS-Studio, GWS-Deals, GWS-Host, GWS-Global Web Services. By submitting your order, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on our company's site. As referred to in this Agreement, "our company's site" refers to the web site (s) located at www.gws-desk.com, www.gws-studio.com, www.gws-host.com, gws-deals.today, gws-demo.info or any other successor sites owned or maintained by GWS.
As used in this Agreement, "We" includes all members of GWS companies outlined as mentioned or any party acting on its implicit instructions, "You" includes the person purchasing the services or any party acting on the customer's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "Server" means the computer server equipment operated in connection with the provision of the Services. "Web Site" means the area on the server allocated by us to you for use by you as a site on the Internet. Each time you use any of our services , you agree to be bound by these Terms of Service, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Services. Please see our Privacy Statement, incorporated into these Terms of Service by reference. In case of hosted related services the Hosting terms are incorporated as well by reference.
In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this Agreement:
Services
- Our Web Sites
Our web site(s) and services provided to you on and through our web site(s) on an "AS IS" basis. You agree that the owners of our web site(s) exclusively reserve the right and may, at any time and without notice and any liability to you, modify this web site and its service-portfolio or delete the data you provide, whether temporarily or permanently upon the moment of expiring date of the service purchase agreement. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information
- Language
Our formal communication in projects will be always in English. If you need translations we can cater for this but costs will be applicable and you agree to pay for such cost. We charge based on our corporate rates and/or as advised by registered translators. If you do not provide (project/specs in English we are entitled to refuse a project or have the provided information or documents translated. You agree to pay for these translations
- Submission of Content/Information/Files
By providing any Content to our web site(s):
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 2;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
- Your Responsibilities and Registration Obligations.
In order to use our web site(s), you don't have to register on our web site(s), but if you want to access certain area's of this website you need to purchase a service package which if applicable grants you access to registered members only. When you purchase and register you agree to provide truthful information when requested, and be at least the age of thirteen (13) or older. When registering, you explicitly agree to our Terms of Services and as may be modified by us from time to time and available here.
- Privacy Policy.
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Statement.
- Registration and Password.
You are responsible to maintain the confidentiality of your ticket number/userid and password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account/ticket or password.
- Code of Conduct.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site(s) may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using our web site(s) or any service provided, that you shall not:
(a) provide wrongful or falsified information which will cause additional work or losses to our company as a result of extra work/services which you are not willing to pay for or we are not willing to provide;
(b) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(c) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(d) collect or harvest any data about other users;
(e) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(f) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
(g) insult any staff or allied staff of our company in any form nor abuse them in any form. If you are not satisfied with any service of our company you can complain but abusive behavior will not be tolerated and might/will lead to cancellation of your account.
(h) poach staff or assigned per contract partners of our company as outlined in article 28.
Failure to comply to this code of conduct will lead to a termination of any agreement
- Online Payment and online transactions.
Upon ordering any of our service packages you agree to pay for such package services through the website's service providers Paypal or Transferwise unless otherwise agreed. You agree to pay through Credit Card/Paypal immediately upon ordering through the online payment processing facility of Paypal as offered on site. By ordering you agree to the rules as referred to by Paypal. Upon confirmation of the payment authorization of Paypal we will provide you with a user-id and password which will enable you access to the customer only and restricted area of our web site(s) where applicable. We will also open a welcome ticket which will enable you to access the Support Center and with the provision of the welcome ticket your services as ordered are activated. Payment of non-package services such as Webmaster Services, Website development, etc is possible through our merchant(s) if mutual agreed but are subject to 7% additional merchant fees. Paypal payments for specified (and authorized by GWS) projects fees are subject to 7% PP-charges and (possibly) Forex charges of 30 ($/£/€ depending of invoiced currency).
- Wire & Transferwise payments and Late Payments
Where wire or Transferwise payments are agreed, payments should be received nett including 30 ($/£/€ depending of invoiced currency) incoming banking forex charges. International wire charges are always on clients account. GWS expect net payment and payments forthcoming from invoices or obligations should be received not later than the due date as stated on the invoice. The timezone for the due-date is GMT. We charge an amount of 15 ($/£/€ depending of invoiced currency) for every day (any) payment is (over)due with a minimum of 75 ($/£/€ depending of invoiced currency) This is also valid for late payment charges which are applicable if a payment is overdue. We are entitled to suspend any service in case of overdue invoices. To reactivate services we charge a one time administration fee of 75 ($/£/€ depending of invoiced currency) on top of the original invoice and late payment penalties of 75 ($/£/€ depending of invoiced currency). Only after all outstanding amounts as invoiced have been received we will reactivate services. Suspension of Services will always void any delivery terms agreed as per contract. Upon reactivation of services new delivery dates will be agreed with client. In case of 1 week late payment client will receive a Letter of Demand which will inform the client about our intention to commence legal proceedings unless payment is made and gives the client one more opportunity to pay all services. If payment has not been received within 3 days from date of Letter of Demand, our agreement with the client will be terminated. No refund rules are applicable in case of late payments at any time or circumstances. This termination will not forfeit your payment obligation and we are entitled and will use all legal means to collect any outstanding or related funds. Any costs, legal processes, debt collecting, solicitors, or any costs forthcoming from this collection process will be charged to the client.
- Changes in payment methods
Changes in default payment methods for our packages and related services are subject to approval by GWS and might lead to additional administration charges of 100 ($/£/€ depending of invoiced currency) for each event. These charges are subject to prevailing taxes.
- Credit balance
Funds paid to our bank account that exceed project fees (or other funds granted for credit by GWS) will be credited to your balance with GWS and can be converted into services with mutual consent. No refunds will be granted at any moment in time for funds that have been credited to your project account(s).
- Delivery of Ticket Services
All service packages incorporating a GBill facility are valid for the period as stated on our web sites, starting from date of welcome ticket or as soon as the number of purchased GBill credits have been used. As soon as the GBill credits reflected in the respective service package have been used your service agreement will cease. You will be able to purchase an additional service package
- Delivery of Market Apps & Packages
If we do not deliver the site as promised within the published time period and as per published specs we will immediately instruct our merchant to refund your order. A refund request must be made through the contact form and must contain the Paypal order confirmation ID as well as the used email upon transaction.
- Limitation of liability on Gbill Ticket Services/Contracts
You agree and accept that with the purchase of a GBill service you do not purchase a guarantee that the services will always result in a solution of a possible problem. Too many external circumstances are influencing possible outcomes of services and advise. These external circumstances are among others but not limited to external hosting issues, your own knowledge, access problems, purchased service package limitations (non, other than in the by the CMS/SW-core distributed core package third party extensions are excluded unless otherwise agreed), change requests and other not specifically mentioned labor disputes, riots, civil unrest, acts of nature and non-specified but acknowledged acts of God. In all cases a claim or refund is excluded. A refund is always granted in case we do not provide you with user details and password within a period of 24 hours after purchase confirmation has been received from our merchant.
- Limitation of liability on Helpdesk Services Agreements
You agree and accept that with outsourcing your client support ticket services to GWS we provide 'best-of-effort support" based on the Service Level Agreement specified in the contract. GWS is never responsible nor liable for are never responsible for bugs or errors in (non-GWS) extensions though we will attempt to resolve these bugs. Private Label Helpdesk Services agreements are described in the contract and these Terms of Services are applicable
- Limitation of Liability on non-Ticket Trouble Services
You agree and accept that with the purchase of non-GBill such as but limited to full site development, market apps, site-conversion and installation, template design/development, consultancy, migration/upgrades services or webmaster/outsourcing services will be performed as agreed but only when full access has been given by you and external circumstances cooperate with the implementation. Also in these packages services can be disrupted or cancelled because of influences not foreseen by site-owner. In all cases a claim or refund is excluded. A refund is always granted in case we do not provide you with user details and password within a period of 24 hours after purchase confirmation has been received from our merchants or our bank(s). Products purchased that are downloadable are NOT refundable
- Software Development Technologies
GWS develops software based on the coding standards of the Joomla-Framework and Joomla-CMS. We only develop using latest technologies based on W3C-standards such as CSS3 and HTML5 (where possible) and all our developments are cross-browser tested before delivery. We are not responsible for products not functioning in CSS3-non-compiant and deprecated browsers and their respective versions (examples are IE6, IE7,IE8). We are never responsible for 3rd party extensions not properly displaying in any browser since they have not been developed by GWS and we have no influence on their respective functionality.
- Development Services Guarantee.
(a) If there are any errors on your site that are due directly to a mistake on our part, we agree to fix this error. This error resolving is valid for a period of 3 calendar month's after delivery of our services however subject to signing the Project Acceptence Letter.. You will need to contact us with a description of the error, and we will begin the investigations. We aim to have all such errors fixed within 5 working days of our confirmation sent to you. However, this guarantee does not refer to: Joomla extensions which are not considered part of the Joomla distributed and/or downloadable packages, errors that have occurred as a direct result of changes made to the software by you or a third party; web server faults that are due to your hosting company; errors that have arisen due to unforeseen changes in internet software or hardware - such as new browsers or operating systems or Acts of God. If you have not singed the Acceptence Letter after 5 days of submission we have no further obligation to repair any issues forthcoming from the delivering and you accept the deliverables "as-is".
(b) Issues/errors arising to a extension or a website, developed by GWS, that are forthcoming from a change in Joomla-core software such as branch upgrades (i.e. Joomla 3.x to Joomla 4.x) are excluded from this development guarantee. GWS is not responsible to upgrade a website/software to a compatible version. Charges will apply to upgrade such site/software to compatible levels.
- Third Party Services and Software.
Goods and services of third parties may be advertised and/or made available on or through our web site(s). Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties. Should your project require a third party services or software, we ask that in the majority of cases you personally pay for these directly to that third party. Examples may include but are not limited to: Joomla extensions, credit card processing services, customized scripts, etc. Refunds on third party services (such as domain registration, software purchases, etc) are entirely decided by that third party and we should not be held responsible for any amount of money not refunded. We are not liable for third party product malfunctions in any circumstances unless otherwise agreed..
- Downloadable Extensions
Extensions developed by GWS can be purchased through our web-site(s). The extensions are provided "as is" without warranty of any kind, either express or implied, including without limitation any implied warranties of condition, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement. To make certain extensions proper appear on your website you might need to modify stylesheets of your template or the extension you purchase. Support on our extensions can be provided through our services packages. Products purchased that are downloadable are NOT refundable.
- Required Access
You agree to provide access to your site and control panel/FTP as described here where/when needed to provide any service agreed
- Access to Administrator area's of development sites
Access to the administrator area of a GWS-Desk.com development domain will only be granted if the full project fee has been received by GWS.
- Intellectual Property Rights.
Upon final balancing payment of a contract you, the Client, can be assigned full ownership rights to his web site. By this, you understand that while you own the web site, any elements within the site that hold existing copyrights are not transferred to you. Examples include but are not limited to: 3rd party software and scripts, software and scripts designed and copyrighted by GWS-Global Web Services, and 3rd party photographs, graphics and other multimedia such as video and audio. In these cases, the copyright to any of these elements is not transferred to you, but remains the property and copyright of their respective owners. Upon completing each web design project, we ask that you place a text link to our site that will read "Web Design by GWS-Global Web Services." in the copyright line at the bottom of your home page.
- Pricing.
Our web design services pricing are based on quotations and accepted offers. The initial quote we give you is a consideration of the initial information you supply us. Upon completing the project, if no changes occurred to the the initial brief, then you are only liable to pay the initial quoted price. If, however, during the project, you request various changes to the design brief or we are forced, due to circumstances we cannot foresee or due to insufficient information provided initially upon quotation, to implement changes or additional features or scripts, than we reserve the right to charge additional fees for the extra work. We will inform you of any estimated additional costs involved in any changes you request in advance. In some cases it is not possible to give an exact quote on certain services, and an estimate will be given instead as a general guide to the expected price for that particular service. Additional charges for extra work are payable in advance. Our rates are stated in our quotations and can be in United States Dollars, GBP or in Euro. Forex (foreign exchange rates) are based on the rates given by XE.com upon invoice. You agree to pay for such additional costs.
- Content limitation in Project Development.
Any website development projects we deliver with a maximum of 20 Joomla content pages (Content in Tabs or Sliders are considered a content page) and with each page (max 1 A4 sized) limited to 2 images/icons unless otherwise agreed. Additional content/images will be charged separately. Content pages are considered pages when they are or can be created with the Joomla Article or Module Manager as implemented on the development environment and are restricted to maximum size of A4 format per page in an Arial font of 12 pt and need to be submitted in a layout with proper headings and line breaks. Pages that are broken into multiple sub-pages through so called "page-breaks" or those that exceed the A4 sized maximum will be charged per ratio equal to a single page sized A4 for each segment of an extended page beyond the A4-sized page.(example: If your page equals the length of 3.5 A4 pages this page will be counted for 3.5 content pages. Information in Sliders or Tabs are considered content pages. Per additional page we charge US$ 25 including 2 images. A small image combined with a large pop-up (lightbox or similar) is considered one image. Additional images per page (more than 2) are subject to US$ 10 per image. The Homepage/Frontpage is excluded from image limitations. Images in modules published to a page/link are not considered part of that page. Slideshow(-images) in pages beyond homepage/frontpage are counted per image. PDF's are counted for as images. Additional charges are based on valid rates and subject to 6% tax where applicable.
- Taxes
VAT is included in our hour rates and will not be charged separately. Specified (non-hourly based support) packages on our web sites are nett and are not subject to further taxes.
- Final Product Display
We reserve the right to display or exhibit any final product(s) to other potential Clients except where doing so may violate any confidentiality agreements, which may be in force.
- Project Fees
In any of web development projects/services the project fee is full payable for any contract period as agreed in advance or unless a payment schedule is agreed otherwise. In case of cancellation for any reason at all client is obliged to pay the full amount of the contract fee at any time unless otherwise agreed subject to solid judgment of GWS. If GWS is willing to provide a substitute or a discount in case of termination it will be done based on goodwill and not for any liability or contract reasons unless otherwise agreed.
- Payment Rules.
We require an initial deposit before we will start work on a project. Typically, this is no more than 60% of the total project cost. Remaining balance is due before the completed project is uploaded live to your account. The remaining project fee balance and other agreed and confirmed (by client) fees will be invoiced by GWS upon the project implementation as outlined in the agreement is considered completed by GWS. You agree to pay the invoiced amount as directed in the invoice (see article 7 for additional information). Change requests or additional added development beyond the initial scope of work will not delay the invoice and payment of the balance of the initial project fee. We upload the moment you authorize us to do so and we have received the final payment of project fee and/or balance of additional work performed and agreed in writing.
- Price increase
GWS are entitled to increase our package prices whenever the economy or market situation justifies such an increase to solid judgement of GWS. On existing package or service agreements price increases can be charged once a year during it's validity. Clients will receive per email a clarification for the increase and a payment request for the increased fees if applicable. These payment must be made within 7 working days or package service seize to exist. If the increased fees have not been paid within said period the contract will be cancelled and no refund is applicable in any circumstances.
- Cancellation Web Development Services/Project.
After a web design project (web developments/migrations/upgrades/specialized services or otherwise described on our web sites) becomes active, which is upon providing a signed copy of the order confirmation per fax/scanned signed pdf or as a result of clearing the initial payment dues and if you wish to cancel the project you will need to do so by sending a written cancellation notice. You will be than liable to pay for all work already completed on the project at an hourly rate of $ 95,00 USD/Euro 80,00 per hour (depending on the agreed currency per contract), and any other additional expenses that we have incurred to that point in time due to the project, including any reasonable costs involved in cancelling the project, plus the remainder of all of the project fees including taxes or levies where applicable with a minimum of 75% of the total project fee as agreed for per contract. Services can be cancelled by GWS upon end of contract term, completion of a project, lack/non-clarity of communication/instructions/content and it's preparation, excessive inability to complete a project in a timely matter as agreed because of client's inability to provide content and/or guidance or based on unforeseen circumstances or or by misconduct of you as client. Misconduct is defined as not following the rules as set in these Terms of Services. Any refund is excluded from any paid services at any time in any circumstances
- Fulfillment Web Development Services/Project
(a) Our Web Development Services are always outlined in a Project Agreement which you as a client will sign. With your signature you agree to these Terms and the scope of the project as outlined in the Project Agreement. We will adhere to the scope of work as outlined in the Project Agreement to fulfill our obligation forthcoming from the scope of work as outlined. In unforeseen circumstances, such as but not limited to incomplete client software installations, client server/hosting problems, unforeseen script/version changes, unknown script implementations not communicated by you to us before the Project Agreement was signed, change requests during the commissioning of the scope of work, we might not be able to complete the work as outlined in the scope. We will inform you in such case immediately in writing through our Project Support Systems or per email on file. A refund is excluded from any paid services at any time in any unforseen circumstances.
(b) In the event that you become unresponsive and stop communicating during the development period of a project (for any reason) the project will be delayed and successively automatically suspended after 7 days of non-communication. Additional re-activation charges become applicable in the amount of US$ 250. These charges are used to re-assign staff to the project and review project status , update extensions that have become outdated and audit the project. The project will only be re-activated once the US$ 250 has been paid. This payment is only possible via international wire and is subject to US$ 30 incoming forex charges. All international wire costs are to be paid for by client. In case a project is delayed for a 10-day period or longer because of non-communications or delay without our written consent we may terminate the project at any time. If we choose to terminate a project we will provide you with a download link of the developed site per date of suspension after we have received an administration and back-up fee of US$ 200. The Backup will be in the format of an installable Joomla version. A refund is excluded from any paid services at any time in any circumstances. Restarting any postponed/delayed project is subject to a reactivation fee of US$ 200 plus additional cost for project status audit, extension upgrades and other possible expenses to be communicated. You agree with these charges.
(c) If you request non-GWS persons to provide services on the web development project we are entitled to cancel the project immediately without further notice due to the fact that we do not guarantee quality or stability nor security of the development from that moment onward unless we agree to such step in writing
(d) In case GWS is not able to provide the deliverables as outlined in the Project Agreement beyond unforseen circumstances GWS will refund the project fee for those projects parts that have not realized or for the entire project fee as agreed. Such refund will be submitted to any Paypal account but not through any wire transfers. Any related costs will be deducted from the refund.
(e) The final result of any development project will be handed over to client once the total amount of the project fee and/or change requests have been received by GWS
- Cancellation of Ticket Support Services & General Support
You are entitled to cancel your services without prior notice. However any cancellation from you will never lead to restitution after the welcome ticket or invitation has been submitted to you or within the first 12 hours after receipt of the payment confirmation. Services can be cancelled by the owner of our web site(s) upon end of contract term, completion of a project or by misconduct of you as client. Misconduct is defined as not following the rules as set in these Terms of Services. You are still obliged to fulfill any financial obligations forthcoming from the agreement, independent from which of the parties terminates the agreement. You are never entitled to restitution in case of cancellation. Joomla Service Support contracts will be automatically rolled over and invoiced for a next month. These contracts need to be cancelled 2 weeks before the roll-over (monthly expire date) and/or before an invoice has been submitted. When an invoice has been submitted you agree to pay the next monthly billing cycle and amount. The termination will be effective after expiration of the next cycle billed in such case. 30 days when invoice on monthly basis
- Cancellation of Helpdesk Services Agreement
Cancellation of these services must be received and receipt confirmed by us 45 days prior next date of invoice which is 21 days before the end of quarterly services term or. In case of monthly payments the cancellation must be received 30 days prior to requested date of cancellation. You agree to pay for this termination a cancellation fee of US$ 150 excluding 6% administrator fees and additional expenses forthcoming from the cancellation for the mentioned period when these costs occur (for instance license fees of Helpdesk software). If you terminate the services after date of the predefined termination period you agree and are obliged to pay the full monthly/quarterly/yearly invoice without hesitation within 7 working days. Services can be cancelled by the owner of our web site(s) upon end of contract term, completion of a project or by misconduct of you as client. Misconduct is defined as not following the rules as set in these Terms of Services. You are still obliged to fulfill any financial obligations forthcoming from the agreement, independent from which of the parties terminates the agreement. You are never entitled to restitution in case of cancellation. Helpdesk Services contracts will be automatically rolled over and invoiced for a quarterly period. When an invoice has been submitted you agree to pay the next billing cycle and amount. The termination will be effective after expiration of the next cycle billed in such case. Any specific Helpdesk software implemented to assist you in your services and support is licensed to GWS and as such owned by GWS. We can transfer the software license to you upon request after we have agreed an acceptable compensation fee to be paid by you.
- Cancellation of Webmaster Services/WMO and OSAM Services
Cancellation of these services must be received and receipt confirmed by us 45 days prior next date of invoice which is due 21 days before the end of quarterly services term or in case of yearly billing 30 calendar days before expire date. You agree to pay for this termination a cancellation fee of US$ 150 excluding 6% administrator fees and additional expenses forthcoming from the cancellation for the mentioned period when these costs occur if you terminate the services after date of the predefined termination period you agree and are obliged to pay the full quarterly/yearly invoice without hesitation within 7 working days. Services can be cancelled by GWS upon end of contract term, completion of a project, lack/non-clarity of communication/instructions or by misconduct of you as client. Misconduct is defined as not following the rules as set in these Terms of Services. You are still obliged to fulfill any financial obligations forthcoming from the agreement, independent from which of the parties terminates the agreement. If we cancel the services based on misconduct, solidly defined by us, you will be still obliged to pay the fees as stipulated for the termination period and any further financial agreements seize to exists unless otherwise agreed upon date of agreement. You are never entitled to restitution in case of cancellation
- Cancellation of General & Specialized Support Services/Service Support Contract Packages (or other non-service/ticket/specialized package services). You are entitled to cancel your general support services without prior notice. However any cancellation from you will never lead to restitution after the welcome ticket or invitation has been submitted to you or within the first 12 hours after receipt of the payment confirmation. Cancellation of Service Contract Packages must be received and receipt confirmed by us 14 days prior next date of invoice which is in general 14 days before date of expiration service period. If we have not received the cancellation prior to this you agree to pay the full amount for the upcoming service period upon invoice without hesitation within 5 working days. Services can be cancelled by GWS upon end of contract term, completion of a project, lack/non-clarity of communication/instructions, inability to complete a project based on unforeseen circumstances to be determined by GWS or by misconduct of you as client. Misconduct is defined as not following the rules as set in these Terms of Services. You are still obliged to fulfill any financial obligations forthcoming from the agreement, independent from which of the parties terminates the agreement. If we cancel the services based on misconduct, solidly defined by us, you will be still obliged to pay the fees as stipulated for the termination period and any further financial agreements seize to exists unless otherwise agreed upon date of agreement. You are never entitled to restitution in case of cancellation
- Staff Poaching. Clients are not allowed to approach non - authorized staff members of GWS or (Allied) Partners ie. 3rd Party Developers assigned by GWS for inside-information about our company or information on ongoing projects unless authorized by Exec. Management of GWS. You agree to refrain from offering incentives or jobs to GWS-staff members in any form and refrain from trying to extract commercial information that is subject to GWS-internal company policies in any form. If you try to gain information other than project related information and not authorized by GWS-Management we are entitled to suspend or terminate any project immediately. You agree to refrain from such practices. These are considered misconduct on your behalf. In such case our cancellation terms as outlined in these terms apply and we may cancel any project immediately and proceed collection of remainders of project fees as outlined.
Other Services
- GWS reserves the right to discontinue service, or deny access to anyone who violates its policies or terms and conditions WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined above.
- By contracting this service you give your consent to receive occasional emails from us informing you of our products and services.
- At any time GWS may add, amend or remove items to this list of terms and conditions, at each stage the Client might be notified of any such changes.
- GWS may refuse to service any person or web site at their sole discretion.
- If any of the terms of this service agreement are found to be illegal it shall not affect the validity of the others.
- The cost of any legal claim or dispute arising from this service agreement shall be borne exclusively by the Client.
- If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, please contact us.
Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of these Terms of Services or any other violation of the rights of another person or party
Disclaimer of warranties.
Your understand and agree that your use of our web site(s) and any (third party) services or content provided (the "service") is made available and provided to you at your own risk. It is provided to you "as is" and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
Reservation of Rights
- We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
- All final product rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right will be reserved by buyer. The right to use our work is transferred to the customer upon completion of the final payment. It is illegal to use our work without first having completed payment according to the agreement between our two companies.
Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, please contact us.
Applicable Law.
You agree that this Terms of Service and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws, without regard to its conflict of law provisions. By registering or using our web site(s) and services you consent and submit to the exclusive jurisdiction of the country of tax registration by the owners of this website(s)
Arbitration
By using any of GWS-Global Web Services service-portfolio, you agree to binding arbitration. If any disputes or claims arise against GWS-Global Web Services or its subsidiaries, such disputes will be handled by an arbitrator of GWS choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
Miscellaneous Information.
(i) In the event that this Terms of Services conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Services will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Services shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under our Terms of Services and we shall be relieved of any further obligation.
Changes to our Terms.
Occasionally we may, in our discretion, make changes to these Terms. When we make changes to these Terms that we consider material, we might at our discretion notify you through via email. You do not object to such changes and these changes will overrule prior terms where applicable.
Version 3.2.11 date 30-01-2018