YOUR USE OF Tenes Solutions IS SUBJECTED TO THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY. BY USING THE WEBSITE OF Tenes Solutions, YOU ARE DEEMED TO AGREE & ACCEPT OUR TERMS, CONDITIONS, AND PRIVACY POLICY.
Tenes Solutions (hereinafter referred to as ‘we’, ’us’, ‘our’ or ‘company’) reserves the sole right to change these Terms & Conditions and Privacy Policy at any time. You need to check periodically for any changes made in our Terms. Using this website after we make any alteration to the Terms & Conditions means you agree to accept the changes; we are not responsible for reviewing them. Do not use this website if you choose not to accept and abide by these Terms & Conditions at any time.We provide products, software and application development Services (collectively, hereinafter referred to as “SERVICES”) subject to any customer’s or buyer’s (hereafter referred to as “client”, “YOU”, or “YOUR”) acceptance of and compliance with the Terms and Conditions (hereinafter referred to as “Terms”).
SERVICES
If you comply with this Agreement's terms and conditions, We grant you a non-exclusive, non-transferable, revocable right to access and use the Services. You agree you will not:
- Sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party, in whole or in part;
- Use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components;
- Modify, adapt, circumvent or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks;
- Use the Service in any way that violates this Agreement;
- Collect or store personal data about other users without their express permission; or
- Encourage or instruct any other individual to do any of the foregoing or to violate this Agreement
INTELLECTUAL PROPERTY
The client retains the IP of the site. Unless design copyright is signed over to the client, We retain the copyright of any design or coding created by us, excluding elements formed directly from the client’s logo or branding imagery or facets of their corporate identity. The client is allowed to use the design elements created for the site and/or any other graphical online internet-displayed purposes. Styles and designs created in the production of the website design may not be used in other material for the client’s advertising unless the company gives permission.
An extra design fee will be due for the multiple uses of design features. The client agrees that they do not have rights to the code used for the website development. The client does not have any ownership of the code used in the site; they can not copy, modify, lease or sell the code without explicit permission. The sale of the website by the owner transfers the use of the site only, but the copyright and ownership of the code used by the site remain with the company and/or partners/contractors.
The client agrees to remove any reference to the company (including the link) should we deem the site no longer representative of our design style and quality.
The client is responsible for all content posted or stored on their web hosting space. We exercise no control over the content or information contained on the servers used for hosting. We will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its clients or any other related or unrelated third parties. We are not responsible for backing up data or recovering data in case of loss on the customer’s behalf. There are no warranties expressed or implied for the services the Tenes Solutions provides or the software used by the customer.
COPYRIGHTS AND PROTECTION
Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringement and can involve the WHP in litigation and possible loss of reputation.
ACCEPTANCE OF WORK
When the client places an order to purchase a website or website updates from the company, the order represents an offer to us to purchase the website or website updates. No contract for the supply of services exists between client and Company until we send an invoice to the client for payment. The invoice equals acceptance by the Company of the client's offer to purchase services from the Developer. This acceptance of work is a valid contract between client and Company regardless of whether the client receives the invoice.
Any other services on the order that have not been included in the invoice do not form part of the contract. The client agrees to check that the invoice details are correct and should print and keep a copy for their records. We are liable to withdraw from the contract at any time prior to acceptance.
Additional work requested by the client that is not specified in the agreed quotation is subject to an additional quotation by the Developer on receipt of the specification. If the work is needed as part of an existing project, this may affect the project's time scale and overall delivery time.
If a functional specification and a set of testing criteria are included within the quotation, we are responsible for fulfilling the testing criteria as the sole criteria for completing the contract.
The client agrees that the standard development platform is an agreeable platform for the development of the website, and all acceptance testing will occur only on the standard development platform. The client further agrees that any requests relating to hardware or software outside the standard development platform will be deemed additional work.
The client agrees to provide any needed information and content required by us in good time to enable the Company to complete a design or website work as part of an agreed project.
Please note: The client has the sole responsibility for adding site content. We do not add content to a website (web pages, products etc.). We provide the working website and a Content Management System, which is designed for the client to make full use of and add material themselves. Should an agreement be made between the Company and the client for the inclusion of content, then the following rules apply;
- All content must be provided in a timely fashion. If the content is not given quickly enough, then we will complete the website and the CMS with basic templates requiring the client to add the content themselves. The project will then be treated as completed and all project fees will be owed.
- Once the Company has added content, then no further alterations will be made by us. All additional changes will be chargeable.
- We are not responsible for proofreading the content or checking for incorrect information; this is the client's sole responsibility.
- Content CANNOT be taken from other websites. We will not check if the content provided is taken from other sources.
PAYMENT
The client agrees to provide the company with accurate and complete contact and billing information. The client is responsible to contact us of any changes to their account, such as contact, phone number and/or billing information. We will not tolerate payment for our service(s) by fraudulent means. Doing so will result in immediate termination and possible criminal and civil liabilities.
Unpaid accounts may be suspended, archived or terminated from our system. We are not responsible for any loss of data on unpaid accounts. Unpaid accounts will continue to accrue late charges until reinstated or properly and formally cancelled. We hold the right to post a service reconnection fee for all unpaid, suspended, or reactivated accounts.
You are held responsible to reimburse us for any solicited expenses which were not a part of our proposal, including but not limited to the purchase of templates, third-party software, stock photographs, fonts, domain name registration, web hosting or similar expenses.
LIABILITY AND DISCLAIMER
The Company provides their website and the contents thereof on an ‘as is basis and makes no warranties with regard to the site and its contents or fitness of services offered for a particular purpose. We cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error-free, nor does it warrant that the contents are current, accurate or complete.
The client agrees that we are not liable for any bugs, performance issues, virus, trojan, or malware attacks or failure of their WordPress (and WooCommerce) software as WordPress (and WooCommerce) is open-source software distributed under the GPL (‘GNU General Public License’) and is maintained and developed by a community of thousands of users and developers. Any bugs, performance issues or failure with the software will be directed to the WordPress (and WooCommerce) Development community via WordPress (and WooCommerce).org. It will be necessary to regularly update WordPress, WooCommerce, and any plugins (and any other software used in the website). Unless a support contract is opted for by the client, then updates are NOT the responsibility of the Company. Therefore the Company cannot be held responsible for any faults, bugs, viruses, trojans, malware etc., or problems occurring on the site or with the hosting.
If the client chooses not to host the website on the Company’s hosting solution, then the Company reserves the right not to upload the website or set it up on the client hosting solution. This will be the sole responsibility of the client. The client will be solely responsible for ensuring the website is functional and secure on their hosting solution. The Company will in no way be held responsible for the website or any resulting issues. Should the client allow access to their hosting for the purpose of uploading the website, fixing bugs on the website, or any other request of the Company made by the client in writing (email), then the Company will in no way be held responsible for any faults or issues occurring on the website or the client’s hosting. Responsibility for any problems with their hosting solution will lie solely with the client and not the Company.
The Company is in no way responsible for the data on the client’s website. It is the client’s responsibility to backup all data. Should the company be replacing an existing website created by anyone other than the Company (either on the client’s or company’s hosting), then the client is responsible for making suitable backups before the new website can be uploaded. Once the new website is live the Company can be held responsible for the previous website.
The company endeavours to provide a website within given delivery timescales to the best of its ability. However, the client agrees that the Company is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.
The client agrees that the Company is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
The Company is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings relating to services provided.
On handover of files from Company to client, the client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Whilst every effort is made to make sure files are error-free, the Company cannot guarantee that the display or functionality of the application design or the application will be uninterrupted or error-free. If, after the handover of files, errors are found in code the Company has created and the standard development platform, domain name set-up and hosting set-up are the same as when work began, then the Company can correct these errors for the client free of charge for a limited period, after acceptance of the work. After that, the Company reserves the right to quote separately for any work involved in correcting an error.
If, after the handover of files, errors are found in code the Company has created and the standard development platform, or the domain name set-up or hosting set-up has been changed, the Company can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up.
Should the client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the Company reserves the right to cancel forthwith any projects and invoice the client for any work completed.
The Company shall have no liability to the client or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if the Company has been advised of the possibility of such damages.
There are sometimes laws and taxes that affect Internet e-commerce. The client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Company and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet e-commerce.
From time to time, the Company may recommend to the client that updates are needed to their site, including but not limited to new legislation compliance, software compatibility, and web standards. The Company reserves the right to quote for any updates as separate work. The client agrees that the Company is not liable for any failure to inform or implement these updates to their site. The client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
INDEMNIFICATION
You shall defend, indemnify and hold harmless the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
- An (alleged) claim that You violate any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights.
- A claim arising from the breach by You or Your Users of the Agreement or these Terms of Use or any law, rule, regulation or treaty.
- Third-party claims on account of product liability due to a deficiency in a Service delivered by You to a third party that consisted in part of the hardware, software, websites, databases or other materials supplied by the Company.
GOVERNING LAW
You and the Company agree that all claims arising out of or related to these Terms must be resolved exclusively and shall be governed by Indian Law.
COPYRIGHT POLICY
Tenes Solutions has exclusive authorization to shield all the information/material/services/contents by copyright law and other intellectual property laws. Replications of any information/material/services/contents would be a subject of legal action under copyright law.
AMENDMENTS
The changes in the above set terms and agreements may get updated depending upon the situation suited for the company’s security. If you continue to access our website after the revised terms of usage, you are assumed to agree with the upgraded terms and conditions.
ACKNOWLEDGMENT
Using our website or other services provided by us, you acknowledge that you have read and agreed to these terms of service and are bound to them.
CONTACT US
Please send your feedback, comments, requests for technical support by email services@tenessolutions.com
