Information we collect
ACS WEB, as a web design and development, collect the information from the clients which they want to display on their respective website. This information is provided to us by the client in forms such as - text, graphic, images/ photos, animated content, video files and any other which the client wishes to display on their respective website. The information is collected from the client who has placed an order to us to upload them on their website. The information is submitted to us by email or handed to us in hard copy
What we do with this information?
We, at ACS WEB, a web design and development , design layouts with customized / preferred font’s and colors as per the client requirements and approvals; use and assemble the information submitted by the client – text, graphic, images/ photos, animated contents, video files etc.
Once the information is submitted to us by the client, us at ACS WEB, a web design and development , upload the information and ask the client to preview the contents and revert only if they need further changes.
Who is liable for this information?
The client is totally and completely liable for the information that the client has provided to ACS WEB. We, as a web design and development , are not be liable for indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any of the information contained in their website, whether such damages arise in contract, negligence, under statute, tort, in equity, at law or otherwise.
Although we, at ACS WEB, make every effort to ensure correct spelling and grammar, this alone is not sufficient. Just as with any other publishing business, the assembling of information submitted by the client and the production of a professional website as per the client’s need; requires careful proofreading by the website owner/ client. The client provides the material to ACS WEB for the design and development of their website, hence, it becomes the client’s responsibility to ensure that all information that they have submitted to ACS WEB is correct, free from any copyright and trademark infringement, free from patent infringement, free from proprietary information infringement, and is relevant. ACS WEB will cross check and will not be held responsible for the incorrectness, copyright infringements and relevance of the information submitted by the client. The information contained within a client’s website is totally and completely client’s responsibility.
Copyrights and Trademarks of information provided
The client represents to ACS WEB, a web design and development , and unconditionally guarantees that any elements of text, graphics, images/ photos, designs, trademarks, or other artwork furnished to ACS WEB for inclusion in web pages are owned by the client, or that the client has/ may have the necessary permission/ grant/ no objection certificate/ copyright or trademark or patents or attorney rights or proprietary rights from the rightful owner to use each of these elements of the submitted information, and will hold harmless, protect, and defend ACS WEB and its subcontractors from any legal claim or legal suit arising whatsoever from the use of such elements furnished and submitted by the client.
The copyright of the design of the client’s web site that ACS WEB creates remains ACS WEB design copyright and proprietary design. The client can use this web site for the business or purpose ACS WEB has create it for and move it to any other server; although ACS WEB is not liable and will not submit the source files to the client if the client wishes to migrate to another service provider. The client cannot, however, use ACS WEB’s design for any other web sites by either on-selling the design or copying ACS WEB’s code for another web site external to the purpose ACS WEB has created the web site for (for example, copying the website for another business the client owns) - unless this is previously agreed in writing. ACS WEB’s design notice/ disclaimer will appear on the home page of the client’s web site. The client can choose can choose the position and font colour (so long as it is legible). If the client wishes to purchase full design copyright of the web site, the client can do so, but this is not included in the regular website design and development fees.
Copyright to Web pages
ACS WEB, as a web design and development , retains the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client solemnly agrees that the client solely takes the responsibility for complying with internet laws, taxes, and tariffs, and will hold harmless, protect, and defend ACS WEB and its partners from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
Information on Website
Information on the client’s website is provided "as is" and we, ACS WEB, disclaim all representations, warranties and conditions, express or implied, of any kind including, to the extent permitted by law, as to satisfactory quality or fitness for purpose.
Accuracy of information on the website
While we assume that client has made every effort to ensure that the information to be displayed on the web site is complete, accurate and current, we expressly do not guarantee that the information is complete, accurate or current and assume no responsibility for any errors or omissions of any kind in the content of the website. We reserve the right to amend or supplement the information supplied to us by the client on this website without any prior notice.
Use of this Website
We, ACS WEB, is not liable to any party for any direct, indirect, special, or consequential damages or any damages whatsoever resulting from loss of use, data, profits or expense whether in an action of contract, negligence, or other action arising out of any use of our services or in connection with the use or performance of this website or the content of this website or referred to on this website or any other website you may access through this website.
Notices of Infringement
ACS WEB, as a website design and development , prohibits the posting of any content that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please contact ACS WEB by email and giving a scanned written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. ACS WEB, will remove any posted content that infringes the copyright or other intellectual property right of any person under Indian law upon receipt of such a statement.
Third Party Link Content
Links to third party content have been provided in good faith for the purpose of providing further and useful information to the client’s site visitors and do not indicate, expressly or implied, any endorsement by us of the sites or the information, products or services provided at those sites.
Third Party Link Availability
We, ACS WEB, as a website design and development , do not guarantee uninterrupted access to this website, the established links or the availability of linked pages. We accept no responsibility for any damages arising from the loss of use of this information.
Third Party Link Performance
Any Payment Gateway, SSL Certificate, Chat Software, Forums or any other related services are obtained and held by ACS WEB on the client’s behalf using third parties. The client states and undertakes all the risks involved in connection with the solvency and performance of such third parties and their services. ACS WEB act as the client’s agency in these service matters, and the client accepts that the third party has sole liability to provide such services.
Annual maintenance of the web site
In instances where the client does not sign an agreed website maintenance contract and sanction the maintenance contract fees in the form of advance on an annual basis; then it is the sole responsibility of the client to maintain the site. ACS WEB, will not be held responsible for the web site maintenance post completion of the website; unless an alternative maintenance contract/ agreement has been mutually signed by the client and ACS WEB.
If only ACS WEB owns (and knows) the account ID(s) and password(s), then and only then ACS WEB is responsible for the client’s web site's security. If the client’s requests the FTP account ID(s) and password(s); ACS WEB hands them over to the client. In such a scenario, the client shall not hold ACS WEB responsible for their web site's security (including unauthorized changes).
Search Engine Performance
The Search Engine entry and ranking can in not guaranteed by ACS WEB to the client, since these performance elements/ results remain and are at the sole discretion of the third party Search Engine provider. ACS WEB, as a website design and development, is not and will not be held responsible by the client for the non-performance or solvency of such third party search engine provider.
This disclaimer statement constitutes a legal agreement between you (either as an individual or a single entity) and ACS WEB.
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