The following terms and conditions shall apply to all the developments of the websites and other services provided by ADSOFT OPENSOURCE SOLUTIONS. When signing the Commercial Agreement the Client agrees to the following terms and conditions which are an integrant part thereof.
It is imperative for the Client to make sure that the website is legal and breaches no right of intellectual property or other laws. ADSOFT OPENSOURCE SOLUTIONS assumes no responsibility for any breach of property right caused by the materials supplied by the Client. ADSOFT OPENSOURCE SOLUTIONS is entitled to refuse any material protected by a copyright unless the proof of approving such material is submitted.
It is possible that some images supplied by ADSOFT OPENSOURCE SOLUTIONS be purchased under license from the stock image suppliers. Such images are generally only assigned for the use on a website. It is possible that the license should not allow them to be used as advertising materials. The owner of the website is responsible under the laws to make sure that this will not happen. If the Client intends to use any of these images on the website to other purposes the Client shall contact ADSOFT OPENSOURCE SOLUTIONS for additional clarifications.
ADSOFT OPENSOURCE SOLUTIONS is entitled to refuse to build or develop a website deemed as improper due to its contents, as for example the materials meant for the adults – pornography, promotion of the hatred of people of any ethnic group, religion or sexual orientation, sites contrary to the effective laws in Romania or in European Union or which fails to observe the copyright.
The Client is responsible to determine the viability and profitability of any project before any price estimation. ADSOFT OPENSOURCE SOLUTIONS cannot be held responsible for any of these aspects.
After the supply by the Client of all the information and data required, the Client may provide an estimated date of completion which represents no guarantee. ADSOFT OPENSOURCE SOLUTIONS shall start the works after the first payment and after the Client submitted in writing the approval for the project. A graph related to the development of the works on the site may be provided on request.
ADSOFT OPENSOURCE SOLUTIONS shall initially place the Client’s website on a demo server so that the Client might visualize and comment on the project.
ADSOFT OPENSOURCE SOLUTIONS is entitled to modify the prices for future offers at any time without prior notification. The offered price corresponds to the works agreed for the offer. If the Client decides that modifications to the website are necessary after the commencement of the works an additional act shall be signed by the parties in relation with such modifications and an agreement is required for additional costs before the commencement of such works.
The Client shall admit ADSOFT OPENSOURCE SOLUTIONS as text site promoter, in the contents of a ‘confirmation page’ of the Internet display which shall include a hyperlink to ADSOFT OPENSOURCE SOLUTIONS site on the net. The format of such a development credit shall be agreed by both parties. ADSOFT OPENSOURCE SOLUTIONS shall provide sufficient information to develop and update such a hyperlink.
The Client assumes\the responsibility for the check-up of the site accuracy before giving ADSOFT OPENSOURCE SOLUTIONS Company the instruction to put the site at the disposal of the public.
All the costs deriving from the registration of the domain name shall be covered by the Client. The domain name registered on the account of the Client is the property of the Client and ADSOFT OPENSOURCE SOLUTIONS acts ad administrator in the name and on behalf of the Client. ADSOFT OPENSOURCE SOLUTIONS agrees to transfer any domain name on request and free of charge.
The Client is responsible for the supply within a reasonable term, of all the materials required for the completion of the site according to the agreed standards and during the stated deadline. ADSOFT OPENSOURCE SOLUTIONS shall not be responsible for the costs, payments or loss of the gain determined by the failure to observe the agreed deadlines.
ADSOFT OPENSOURCE SOLUTIONS takes all the steps required to make sure that the products raise no problems and are correct but the ultimate responsibility is of the Client’s. It is imperative for the Client to make sure that the software operates correctly before and during the use.
ADSOFT OPENSOURCE SOLUTIONS retains the property rights for all the rights of intellectual property, including the source code and the original images developed for the Client until the payment of the final invoice. After the payment of the final invoice, all the rights shall be transferred irrevocably to the Client, unless the provisions of the contract concluded between the parties provides otherwise. All the materials, the texts and the images supplied by the Client and used on developing the website shall remain in the property of the Client. All such materials shall be deemed as the property of the Client and shall be used without fear of breaking the copyright laws.
After the commencement of the website work the paid amount shall not be refundable.
ADSOFT OPENSOURCE SOLUTIONS shall not be held responsible for providing assistance. Assistance may be provided on request under the form of an additional service at a previously agreed price. The contract for the development of the website is a sole contract; ADSOFT OPENSOURCE SOLUTIONS provides no guarantees on availability or compatibility.
ADSOFT OPENSOURCE SOLUTIONS shall not be held responsible for the problems caused by the illegal activity or the action of third persons after the delivery of the website to the Client.
ADSOFT OPENSOURCE SOLUTIONS shall not be held responsible for any failure related to the conformity with the laws and regulations on accessibility, online selling or any other specific commercial or trade activity.
By agreement to these general provisions the obliged rights shall not be affected. These general provisions shall be governed by the lawsapplicable in Romania and European Union.
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