Topic : OF SERVICE

TERMS OF SERVICE (“TOS” for DESIGN AND DEVELOPMENT SERVICES)

May 19

Posted by SIMPLY HADDAD in Editorials

Your use of SIMPLY HADDAD (referred to as “The Company” or “SIMPLY HADDAD ™” or “SIMPLY HADDAD”) Website and/or Application and/or Script and/or Graphic – Design and Development Services (collectively referred to as, “Services”) is subject to these Terms of Service (referred to as “Terms” or “TOS”). SIMPLY HADDAD ™ is registered in Singapore, Registration Number: 53107009C.

We may modify these Terms at any time without notice to you by posting revised Terms on our sites. Your use of our sites constitutes your binding acceptance of these Terms, including any modifications that we make.

Some of the Services may be subject to additional posted conditions, Terms of Service (“TOS”), Acceptable Use Policy (“AUP”), Terms of Agreement (“TOA”), etc.. Your use of these Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.

Cancellation and Refund Policy

If the Customer wishes to cancel its order, it should notify SIMPLY HADDAD by email to billing@simplyhaddad.com before SIMPLY HADDAD sends out its acceptance of the order. Deposits are non-refundable and cover any applicable setup and design costs. Where an order is cancelled after acceptance, SIMPLY HADDAD reserves the right to reduce the amount refunded to the Customer by the amount of any costs Incurred during the provision of the Product or Service up to but not exceeding the total cost of the Product and/or Service. A standard administration charge of USD$40.00 will apply to all refunds. Should an order be cancelled by either party, the Customer acknowledges that it will have no right (express or implied) to use any concept or other work Product, Service, Content, or media, nor any ownership interest in or to them.

Customer Obligations

Where the Customer has engaged SIMPLY HADDAD to carry out any Services that requires direct or remote access to a Hosted Environment (either owned by or leased by the Customer) the Customer will authorize and make provisions for SIMPLY HADDAD, its employees or authorized subcontractors to access to the Hosted Environment free of charge as is necessary to carry out the Services. The Customer also acknowledges that it has authorization to do so. The Customer shall not access the Software, its Content or data in any way other than through the interface that is provided by SIMPLY HADDAD for this purpose. It is the responsibility of the Customer to keep access to these means secure.

Communication

The Customer agrees to provide timely responses to SIMPLY HADDAD. After requesting further information, review feedback or Customer sign off for any stage of work the Customer shall have 30 days to respond with feedback for further revision work or acknowledgement that a work stage has been completed. If after 30 days the Customer has failed to respond with the requested information, SIMPLY HADDAD will take this to mean that the Customer is satisfied that the Project has been completed according to the purchase contract. The Project will be closed and SIMPLY HADDAD will have no further obligation to the Customer. The Customer shall pay all costs and fees as agreed in the purchase contract. In the rare case that the Customer requires more time to provide feedback they shall request additional time and specify a date when feedback will be provided to SIMPLY HADDAD. This date must be agreed by SIMPLY HADDAD to be applicable.

Customer Content

The Customer agrees to, within six weeks of the order date, provide SIMPLY HADDAD with all Content required to complete the Project. If complete Content is not provided by this time, then the entire amount of the contract becomes due and payable. If the Customer does not provide complete Content within two months after the Commencement date an additional continuation fee of 10% of the total contract price will be payable each month until the complete Content is provided. Content sent by the Customer to SIMPLY HADDAD should be in its final form. Time required to make substantive changes to Content after formatting has been carried out will be treated as additional support and charged at SIMPLY HADDAD’s standard hourly rate.

Service Availability

The Customer acknowledges that SIMPLY HADDAD’s systems, servers and equipment may from time to time be inoperative or only partly operational as a consequence of mechanical breakdown, maintenance, hardware or Software upgrades, telecommunication connectivity problems or other causes outside its control. SIMPLY HADDAD agrees to rectify faults or problems and to restore the system to full operational capacity as soon as reasonably practicable. SIMPLY HADDAD excludes liability for any loss of profit caused to the Customer as a result of the system not being fully operational. Websites, web applications and other hosted Software will only be available during the period of subscription to the hosting Services provided by SIMPLY HADDAD.

Termination

This Agreement will terminate when the Customer has signed the Project Completion document or the Review Stage has expired, whichever is sooner. The Customer and SIMPLY HADDAD agree to work together to complete the Project by the date specified where applicable. Only when this Agreement has terminated, except through premature termination or any breach of this Agreement, and when all outstanding balances owed to the SIMPLY HADDAD have been paid will:

  1. Rights under this Agreement transfer to the Customer
  2. Deliverables be sent to the Customer and within 30 days
  3. Software / Websites be made live and within 30 days where applicable

The Customer agrees that SIMPLY HADDAD, in its sole discretion, may terminate its password, account (or any part thereof) or its use of SIMPLY HADDAD Services at any time with or without notice. The Customer agrees that SIMPLY HADDAD may remove and archive or discard any Content within SIMPLY HADDAD Services, including, without limitation, for lack of use or if the Company believes that the Customer has violated or acted inconsistently with the letter or spirit of the Terms of Service. The Customer acknowledges and agrees that SIMPLY HADDAD may immediately deactivate, archive or delete your account and all related information and files in your account and/or bar any further access to such files or accounts. If such action is taken as a result of the Customer’s breach of these Terms of Service the remainder of any payment made by the Customer will not be refundable.

Rights and Licenses

Rights and licenses as set out in these Terms of Service will only be transferred to the Customer subject to compliance with these Terms of Service and when full and final payment has been received by SIMPLY HADDAD. Until that time, SIMPLY HADDAD and its licensors retain full ownership and copyright of any Product.

SIMPLY HADDAD will hold designs on file for 12 months. This is not guaranteed and it is advised that the Customer keeps safe a copy of any Product(s) supplied to them. SIMPLY HADDAD reserves the right to charge a reasonable fee for re-sending a copy of these Product(s) to the Customer. This will cover the cost of Administration and postage where applicable.

The licensing of any third party font, art work, photograph or image used in any Product remains the responsibility of the Customer. The Customer unconditionally guarantees that any elements of text, graphics, photos, fonts, designs, trademarks, or other artwork supplied to SIMPLY HADDAD for inclusion in any Product(s) are owned by the Customer, or that the Customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend SIMPLY HADDAD and its subcontractors from any claim or legal action arising from the use of such elements furnished by the Customer.

Software

SIMPLY HADDAD grants to the Customer, a personal, non-transferable and non-exclusive right and licence to use a single instance of the Software on a single computer for any business application or website purchased in full on a non-subscription basis; provided that the Customer does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer or attempt to discover the source code in any other way, sell, assign, sublicense the Software or any associated files. Any Software is used under license from SIMPLY HADDAD and remains the copyright of SIMPLY HADDAD and its licensors.

Content

SIMPLY HADDAD agrees that the Content supplied by the Customer will remain the copyright of the Customer or its licensors.

Designs

SIMPLY HADDAD grants to the Customer, a personal, non-transferable and non-exclusive right and license to use the final design(s) chosen by the Customer if they have been purchased in full on a non-subscription basis. The Customer or its agents may re-produce the design(s) for the promotion of the Customer. The design(s) may not be reproduced in any other way without the prior written consent of SIMPLY HADDAD. All other designs, logos, materials, concepts, media or Content produced during any of the revision stages before the final design will remain the ownership and copyright of SIMPLY HADDAD. This material may not be reproduced in any other way without the prior written consent of SIMPLY HADDAD. The Customer acknowledges that these designs, materials, concepts, media or Content may be used by the SIMPLY HADDAD to promote the Services of the SIMPLY HADDAD. The Customer hereby grants license to the SIMPLY HADDAD to reproduce the Customer’s logo or mark if it appears in these design(s) solely for the purpose of promoting the Services of the SIMPLY HADDAD.

Schedule of Work

The following schedule describes the stages in the design and development process and acceptance tests for each stage. Not all stages may be applicable to all products.

Design Stage

Based upon initial consultation with the Customer, SIMPLY HADDAD will produce an initial concept design. This is to be used as a starting point for the project and will help to define its direction. The Customer will give feedback when requested by SIMPLY HADDAD and SIMPLY HADDAD will revise the concept design(s) based upon this feedback. The Customer will provide constructive feedback that drives the designs towards completion. With each revision, the design choice should be narrowed towards the final design. When the Customer is satisfied with the final design then the Design Stage is complete. Any further amendments to the design after this point will incur additional fees.

Development Stage

Once the designs have been finalized and final Content provided by the Customer, the development work can begin. When development has been completed, the Website / Software will be uploaded to a test location for the Customer to review and the Development Stage will be completed.

Review Stage

The Customer will have 30 days to review the Website / Software, to ensure that it meets the specification as set out in the Purchase Contract. If the Customer feels that any areas of work as set out in the specification have not been met, or they identify any errors or defects within the Review Stage, then they will raise these issues with SIMPLY HADDAD within 48 hours. An error or defect is any feature from the specification that does not operate as intended according to the specification. Any change to the hosting environment that causes such defect shall not be considered a defect. Any errors or defects will be rectified by SIMPLY HADDAD at the earliest opportunity. The Review Stage will be complete when the Customer has signed the Project Completion document, or when the 30 day review period has expired, whichever is sooner. This will also mark the end of the Agreement.

Disclaimer of Warranties

The Customer expressly understands and agrees that: All warranties, conditions and representations whether express or implied other than express warranties stated by SIMPLY HADDAD in writing are expressly excluded except in circumstances whereby SIMPLY HADDAD is by law unable to exclude or limit such liability. SIMPLY HADDAD makes no warranty that any of its Software will work as intended on any other Hosted Environment, other than the Hosted Environment for which it was originally developed. Where the original Hosted Environment is changed, it is the responsibility of the new hosting provider to ensure that the Software, and any related configuration or security provisions are set up properly. Once the Hosting Environment is changed in any way, SIMPLY HADDAD will have no responsibility or liability for the operation or miss-operation of the Software or any issues that arise as the result of the Hosted Environment change.

The Customer agrees that it uses the Products and Services supplied by SIMPLY HADDAD at its sole risk. The Services are provided on an “as is” and “as available” basis and SIMPLY HADDAD and its suppliers, to the fullest extent permitted by law, make no warranties, express or implied, in relation to these Products and Services.

Liability

SIMPLY HADDAD, any other party (whether or not involved in creating, producing, maintaining or delivering the Software), and any of SIMPLY HADDAD’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to the Customer or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with, as a result of or caused by any of the following:

  1. The Software in any way or in connection with the use of or inability to use the Software, any websites linked to Software or the material on such websites, including but not limited to loss or damage due to viruses that may infect computer equipment, Software, data or other property on account of the Customers access to, use of, or browsing the Software or its downloading of any material from the Software or any websites linked to the Software;
  2. Unauthorized access to or alteration of the Customers transmissions or data; statements or conduct of any third party on the Service; or any problems resulting from improper use of the Software by the Customer or any other third party;
  3. Technical fault or any other fault caused by SIMPLY HADDAD or any third party.

If the use of material from the Software or the Software itself results in the need for servicing, repair or correction of equipment, Software or data, the Customer will assume all costs thereof. Nothing in these terms and conditions shall exclude or limit SIMPLY HADDAD’s liability for:

  1. Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
  2. Fraud;
  3. Misrepresentation as to a fundamental matter; or
  4. Any liability which cannot be excluded or limited under applicable law.

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TERMS OF SERVICE (“TOS” for HOSTING AND DOMAIN RELATED SERVICES)

May 19

Posted by SIMPLY HADDAD in Editorials

SIMPLY HADDAD general policy is to act as a neutral provider of access to the global Internet.

SIMPLY HADDAD reserves the right to suspend or cancel a customer’s (referred to as “Subscriber” or “Subscribers” or “Customer” or “Customers”) access to any or all services provided by SIMPLY HADDAD when SIMPLY HADDAD decides that the account has been used inappropriately.

SIMPLY HADDAD (referred to as “The Company” or “SIMPLY HADDAD (TM)” or “SIMPLY HADDAD”) agrees to furnish hosting and domain related services to the Subscriber, subject but not limited to the following TOS (“Terms of Service”).

Use of Service constitutes acceptance and agreement to SIMPLY HADDAD’s Acceptable Use Policy (“AUP”) as well as SIMPLY HADDAD’s Terms of Service (“TOS”), SIMPLY HADDAD’s Terms of Use (“TOU”) and related agreements and policies.

All provisions of this contract are subject to the TOS (“Terms of Service”) of SIMPLY HADDAD , AUP (“Acceptable Use Policy”) and TOU (“Terms of Use”). The AUP, TOS, TOU and related agreements and policies may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP, TOS, TOU and related agreements and policies by the Company shall not be grounds for early contract termination or non-payment.

1. Disclosure

The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition shall have the right to terminate all service set forth in this Agreement.

2. Service Rates

Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

3. Payment

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service. Subscriber agrees that The Company automatically charges subscriber`s credit card during each recurrent. The Company reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date.

4. Payments and Fees

Service will be interrupted on accounts that reach 7 days past due. Accounts not paid by due date are subject to suspension from SIMPLY HADDAD’s services. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

5. Refund and Disputes

Payments to SIMPLY HADDAD are non-refundable.

6. Failure to Pay

The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due.

7. Account Cancellation

All requests for canceling accounts must be made via SIMPLY HADDAD’s Billing System or by making a request via our Ticket Center.

8. Service Interruptions

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss or injury.

9. Support Boundaries

SIMPLY HADDAD provides support to our subscribers. SIMPLY HADDAD only ensures that domain and hosting relates service is online and is remotely accessible. SIMPLY HADDAD does not offer technical support for application specific issues such as CGI programming, PHP, HTML or any other such issue. We encourage you to use our Ticket System on our web site.

10. Unsolicited Commercial Email (“UCE” or “SPAM”)

SIMPLY HADDAD takes a zero tolerance approach to the sending of Unsolicited Commercial Email (referred to as “SPAM” or “UCE”) over our network. Very simply this means that customers may not use or permit others to use our network to transact in UCE. Customers may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

a. Violations due to the practice or UCE will result in severe penalties. Upon notification of an alleged violation of our UCE policy, will initiate an immediate investigation (within 48 hours of notification). During the investigation, we may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our UCE policy, SIMPLY HADDAD may, at its sole discretion, restrict, suspend or terminate customer’s account.

b. SIMPLY HADDAD further, reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. The Company will notify law enforcement officials if the violation is believed to be a criminal offense.

c. As our Customers are ultimately responsible for the actions of their clients over the network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

11. Network

a. IP Address Ownership

If SIMPLY HADDAD assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to SIMPLY HADDAD, and Customer shall have no right to use that Internet Protocol address except as permitted by in its sole discretion in connection with the Services, during the term of this Agreement SIMPLY HADDAD shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by , and reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

b. Bandwidth Usage:

SIMPLY HADDAD will monitor Customer’s bandwidth. SIMPLY HADDAD shall have the right to take corrective action if Customer’s usage negatively impacts other clients.

c. System and Network Security

Users are prohibited from violating or attempting to violate the security of the Network. Violations of system or network security may result in civil or criminal liability. SIMPLY HADDAD will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.

iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

v. Taking any action in order to obtain services to which such User is not entitled.

12. Notification of Violation

SIMPLY HADDAD is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

a. First violation

Any User, which determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at SIMPLY HADDAD’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.

b. Second Violation

Users that have been determined to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

13. Suspension of Service or Cancellation

SIMPLY HADDAD reserves the right to suspend network access to any customer if in the judgment of the network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which SIMPLY HADDAD chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.

14. Amendments to Policies

SIMPLY HADDAD reserves the right to amend its policies at any time. All Networks, Sub-Networks, Network Accounts, Managed and Unmanaged servers of SIMPLY HADDAD must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

15. Indemnification

SIMPLY HADDAD wishes to emphasize that in agreeing to the SIMPLY HADDAD Acceptable Use Policy (“AUP”), Terms of Service (“TOS”) and Terms of Use (“TOU”), you as the customer indemnifies SIMPLY HADDAD for any violation of the Acceptable Use Policy (“AUP”), Terms of Service (“TOS”) and Terms of Use (“TOU”) that results in loss to SIMPLY HADDAD or the bringing of any claim against SIMPLY HADDAD by any third-party. This means that if SIMPLY HADDAD is sued because of a customer’s or a customer of a customer’s activity or a customer’s employee/s or a customer’s contractor/s or a customer’s consultant/s, the customer will pay any damages awarded against SIMPLY HADDAD, plus all costs and attorney’s fees.

16. Nature of Service

Customer acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, subscriber agrees that the SIMPLY HADDAD shall not be liable for any damages arising from such loss of service for any reason. In no event shall the company be liable for any special or consequential damages, loss or injury.

17. Miscellaneous Provisions

a. You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

b. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

c. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. SIMPLY HADDAD may assign this Agreement at anytime without consent from or notice to Subscriber. SIMPLY HADDAD reserves right to cancel customers rights under this contract at anytime without further obligation.

d. SIMPLY HADDAD takes no responsibility for any material input by others and not posted to the SIMPLY HADDAD Network by SIMPLY HADDAD.

e. SIMPLY HADDAD is not responsible for the content of any other websites linked to the SIMPLY HADDAD Network; links are provided as Internet navigation tools only. SIMPLY HADDAD disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.

f. SIMPLY HADDAD is not responsible for any damages your business may suffer.

g. SIMPLY HADDAD does not make implied or written warranties for any of our services.

h. SIMPLY HADDAD denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by SIMPLY HADDAD.

18. Responsibility for Content

You, as a customer of SIMPLY HADDAD’s domain and hosting related services, are solely responsible for the content stored on and served by your SIMPLY HADDAD Network Account and/or Server.

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TERMS OF SERVICE (“TOS” for SUPPORT, MAINTENANCE AND CONSULTATION SERVICES)

May 19

Posted by SIMPLY HADDAD in Editorials

SIMPLY HADDAD general policy is to act as a neutral provider of access to the global Internet and to provide relevant Support, Maintenance and Consultation Services (collectively referred to as “Support Services”).

SIMPLY HADDAD reserves the right to suspend or cancel a customer’s (referred to as “Subscriber” or “Subscribers” or “Customer” or “Customers”) access to any or all services provided by SIMPLY HADDAD when SIMPLY HADDAD decides that the account has been used inappropriately.
SIMPLY HADDAD (referred to as “The Company” or “SIMPLY HADDAD (TM)” or “SIMPLY HADDAD”) agrees to furnish Support, Maintenance and Consultation related services to the Subscriber, subject but not limited to the following TOS (“Terms of Service”).

Use of Service constitutes acceptance and agreement to SIMPLY HADDAD’s Acceptable Use Policy (“AUP”) as well as SIMPLY HADDAD’s Terms of Service (“TOS”), SIMPLY HADDAD’s Terms of Use (“TOU”) and related agreements and policies.

All provisions of this contract are subject to the TOS (“Terms of Service”) of SIMPLY HADDAD , AUP (“Acceptable Use Policy”) and TOU (“Terms of Use”). The AUP, TOS, TOU and related agreements and policies may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP, TOS, TOU and related agreements and policies by the Company shall not be grounds for early contract termination or non-payment.

BY CONTACTING SIMPLY HADDAD FOR SUPPORT, MAINTENANCE AND/OR CONSULTATION SERVICES OFFERED UNDER A SERVICE PLAN REFERENCED BELOW (“SERVICE PLAN”) OR REGISTERING A SERVICE PLAN WITH SIMPLY HADDAD, THE INDIVIDUAL OR ENTITY (“CUSTOMER”) AGREES THAT THE FOLLOWING TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) GOVERN THE DELIVERY OF SUPPORT, CONSULTATION AND MAINTENANCE SERVICES UNDER THE APPLICABLE SERVICE PLAN. IF CUSTOMER DOES NOT AGREE TO THESE TERMS AND CONDITIONS, CUSTOMER SHOULD NOT CONTACT SIMPLY HADDAD OR REGISTER THE SERVICE PLAN. TO CANCEL A PURCHASED SERVICE PLAN AND RECEIVE A REFUND OF ANY MONEYS PAID, CUSTOMER SHOULD CONTACT SIMPLY HADDAD, AS DESCRIBED BELOW. A SERVICE PLAN WILL BE EFFECTIVE WHEN SIMPLY HADDAD ACCEPTS CUSTOMER’S REGISTRATION (“EFFECTIVE DATE”).

1. Disclosure

The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition shall have the right to terminate all service set forth in this Agreement.

2. Service Rates

Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

3. Services

Upon acceptance of Customer’s registration, SIMPLY HADDAD will provide support services (“Support Services”) on SIMPLY HADDAD software products or related technologies (“Supported Products”) for the applicable Service Plan, all as described at the following online webpage: http://www.simplyhaddad.com – (“Service Plan Support Page”) inclusive of Legal Editorial pages located here: http://simplyhaddad.net/editorial (“Legal Editorials”). SIMPLY HADDAD reserves the right to amend the Support Services provided and/or Supported Products covered under a Service Plan and Legal Editorials, at any time, by posting updates to the Service Plan Support Page and Legal Editorials page.

SIMPLY HADDAD will not amend the Support Services and/or Supported Products in a way that

i. reduces the level of effort SIMPLY HADDAD provides under the Support Services, or

ii. materially impacts SIMPLY HADDAD’s obligation to deliver the Support Services, or

iii. materially impacts the rights that Customer receives under the Support Services.

The terms described at the Service Plan Support Page are incorporated into these Terms and Conditions. In the event of any inconsistencies between the terms in this document and the terms at the Service Plan Support Page, the terms at the Service Plan Support Page will govern.

4. Limitations

i. Support Incidents.

Service Plans are provided in single, multiple or unlimited Support Incident packages. A Support Incident is a specific, discrete problem whose origin can be isolated to a single cause. SIMPLY HADDAD will make reasonable efforts to resolve a Support Incident but does not guarantee that Support Incidents will be resolved. SIMPLY HADDAD, in its sole discretion, will determine what constitutes a Support Incident and to the extent permitted by law if the Support Incident is resolved. Generally, a Support Incident is resolved when Customer receives one of the following:

a) information that resolves the problem;

b) information on how to obtain a software solution that will resolve the problem;

c) notice that the problem is caused by a known, unresolved issue or an incompatibility issue with a Recommended, Maintained or Supported Product;

d) information that identifies the problem as being resolved by upgrading to a newer release of the Recommended, Maintained or Supported Product; or

e) notice that the problem has been identified as a hardware equipment issue. Under a Service Plan with multiple Support Incidents, each new Support Incident contact made by Customer will decrease the remaining number of eligible Support Incidents.

ii. Response Times.

SIMPLY HADDAD will make reasonable efforts to respond to a Support Service request within a reasonable time or within the response time described under an applicable Service Plan (“Response Time”), whichever occurs first, but does not guarantee that a response will be provided within a specific time period. All Response Times are measured in accordance with the Service Plan’s Hours of Operations described on the Service Plan Support Page. Support Services are provided in English only, unless otherwise specified, to a single person or to multiple persons designated by Customer at time of registration and as allowed under the Service Plan.

iii. Current Release.

Unless otherwise specified, all Recommended, Maintained or Supported Products must be at their most current release level.

iv. Use.

Support Services are not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, air traffic control machines or other activities in which the failure of the Support Services to attain a desired result could lead to death, personal injury, or severe physical or environmental damage.

v. Abandoned Equipment.

Customer agrees that any equipment, facilities modification, or Client provided infrastructure or services that remain in the service area, impound area or SIMPLY HADDAD Offsite Servicing location for more than sixty (60) days beyond termination, regardless of reason or ownership of said items, shall be deemed to be abandoned and SIMPLY HADDAD shall have the right to remove and or dispose of said equipment, modifications or infrastructure or services at its sole discretion. If you were to owe SIMPLY HADDAD for the services provided, your equipment will be held as collateral until all obligations are met.

5. Exclusions

Unless otherwise specified in the Service Plan, SIMPLY HADDAD will not be obligated to provide Support or and/or Maintenance Services relating to problems or issues arising out of or from

a) issues that could be resolved by upgrading a Recommended, Maintained or Supported Product;

b) the use or modification of a Recommended, Maintained or Supported Product in a manner for which the Supported Product is not intended to be used or modified;

c) third-party products or technologies and their effects on or interactions with a Recommended, Maintained or Supported Product;

d) damage to the media on which a Recommended, Maintained or Supported Product is provided, or to the computer on which a Recommended, Maintained or Supported Product is installed;

e) use of a computer system that is incompatible with a Recommended, Maintained or Supported Product; and

f) issues relating to scripting, FX scripting, programming, compiling, debugging, infrastructure design, content creation, content customization, multimedia project planning/design, resource management, budgeting, training, or other issues not within the scope of the Support Services described under a Service Plan.

6. Customer Responsibilities

To receive Support Services, Customer must register the Service Plan and follow the access instructions provided by SIMPLY HADDAD. Customer is responsible for all fees in establishing and maintaining email and telephone communications with SIMPLY HADDAD. Customer will cooperate with SIMPLY HADDAD when seeking Support Services by providing information necessary to assist SIMPLY HADDAD diagnose an issue. Customer is responsible for any and all restoration or reconstruction of lost or altered files, data, or programs. Customer will maintain and implement a complete data backup and disaster recovery plan. Customer is solely responsible for any and all security of its confidential, proprietary or classified information. Customer will have a reasonable understanding of the Recommended, Maintained or Supported Products for which it seeks Support Service and the computer system that it is operating on. Customer may not transfer Recommended, Maintained or Supported Services to a third party. Support Services are provided for the internal use of Customer only, and any unauthorized distribution of the Support Services will be grounds for immediate termination of these Terms and Conditions. Customer will take reasonable measures to prevent the unauthorized distribution and use of Support Services. Customer will not abuse its receipt or use of Support Services, including but not limited to, accessing Support Services for issues that have already been resolved.

7. Disclaimer of Warranty

ALTHOUGH SIMPLY HADDAD CANNOT GUARANTEE THAT A SUPPORT INCIDENT WILL BE RESOLVED, SIMPLY HADDAD WILL MAKE REASONABLE EFFORTS TO PERFORM SUPPORT SERVICES UNDER THE SERVICE PLAN IN A PROFESSIONAL MANNER. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, SIMPLY HADDAD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.

8. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, SIMPLY HADDAD’S LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER FOR THE SERVICE PLAN ORDERED BY CUSTOMER. IN NO EVENT SHALL SIMPLY HADDAD HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT SIMPLY HADDAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IF CUSTOMER IS COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN ITS COUNTRY OF PURCHASE OR, IF DIFFERENT, ITS COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THESE TERMS AND CONDITIONS ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. SOME COUNTRIES, STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER. THESE TERMS AND CONDITIONS GIVE CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT VARY BY COUNTRY, STATE OR PROVINCE.

9. Terms and Termination

Unless terminated earlier in accordance with this section, a Service Plan will continue for a term of twelve (12) months from the Effective Date or until all Support Incidents are used, whichever occurs first (unless otherwise authorized by SIMPLY HADDAD in writing). SIMPLY HADDAD may terminate a Service Plan at any time

a) if after providing Customer no less than fifteen (15) days prior written notice, Customer fails to pay fees due for a Service Plan, or

b) if after providing Customer no less than thirty (30) days prior written notice, Customer fails to cure a breach of these Terms and Conditions, or

c) if Customer breaches a term of any software license agreement governing the use of software provided under a Service Plan. Except as otherwise provided by law and provided no Support Services have been received by Customer, Customer may cancel a Service Plan for any reason within thirty (30) days of the Service Plan’s purchase date or Effective Date, whichever occurs later, and receive a refund of all sums paid. Refund requests must be sent in writing, together with applicable proof of purchase to the Refund Contact address identified.

Sections 7, 8 and 12 will survive termination of these Terms and Conditions for any reason.

IT IS AGREED THAT THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE COUNTRY OF PURCHASE OR, IF DIFFERENT, THE COUNTRY OF RESIDENCE, AND THE COURTS OF THE RESPECTIVE COUNTRIES WILL HAVE JURISDICTION OVER THE MATTER.

10. Additional Services or Software

Any additional services provided, as part of a Service Plan will be governed by these Terms and Conditions. In the event that Support Services are provided at a Customer’s location as part of a Service Plan, Customer will ensure that SIMPLY HADDAD is granted access to the location at the arranged time and will secure a safe working environment sufficient for SIMPLY HADDAD to perform the Support Services. In the event that Customer consents to SIMPLY HADDAD providing Support Services via remote computer access, Customer agrees to grant SIMPLY HADDAD permission to access all computer systems on which the Supported Product resides for the purpose of providing the Support Services. In the event that software is provided as part of a Service Plan, such software is the copyrighted works of SIMPLY HADDAD and/or its licensors. Customer may install, reproduce, and use the software exclusively for the purpose of supporting the Supported Products, but, except as permitted by applicable law, may not decompile, reverse engineer, modify, rent, lease, loan or create derivative works in the software. If the software is subject to the terms of a separate license agreement, the terms of the separate license agreement will govern the use of the software. Any software that is made available to the United States Government under these Terms and Conditions is classified as “restricted computer software” as defined in clause 52.227-19 of the FAR. The United States Government’s rights to the software are as provided in clause 52.227-19 of the FAR.

11. Data Protection

Customer agrees and understands that it is necessary for SIMPLY HADDAD to collect, process and use Customer data in order to perform the service and support obligations under the Service Plan. This may include transferring Customer data to affiliated companies or service providers in accordance with the terms of the SIMPLY HADDAD Privacy Policy. SIMPLY HADDAD will protect Customer’s information in accordance with the SIMPLY HADDAD Customer Privacy Policy available at the Privacy Policy webpage. If Customer wishes to have access to the information that SIMPLY HADDAD holds concerning it or if Customer wants to make any changes, Customer may update the personal contact preferences by accessing the Privacy Update webpage identified. SIMPLY HADDAD may record part or all of the calls between Customer and SIMPLY HADDAD for training, quality assurance and reference purposes.

12. General

Customer may not assign its rights or obligations under a Service Plan. Any unauthorized assignment will be void. SIMPLY HADDAD will not be liable for performance delays or for non-performance, due to causes beyond its reasonable control. A waiver of any breach or default under these Terms and Conditions shall not constitute a waiver of any subsequent breach or default. If a court of competent jurisdiction holds that any provision of these Terms and Conditions is invalid or unenforceable, the remaining portions will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of the Terms and Conditions. These Terms and Conditions, including any additional terms referenced herein, constitute the entire agreement between SIMPLY HADDAD and Customer with regard to the Service Plan and the Support Services provided hereunder and supersedes all prior negotiations, agreements, and understandings with respect to the subject matter, and no addition to or deletion from or modification of any of the provisions hereto shall be binding upon SIMPLY HADDAD unless made in writing and signed by an authorized representative of SIMPLY HADDAD. Any term or condition on any order or other document submitted by Customer shall be of no force or effect whatsoever, and is specifically rejected.

13. Indemnification

SIMPLY HADDAD wishes to emphasize that in agreeing to the SIMPLY HADDAD Acceptable Use Policy (“AUP”), Terms of Service (“TOS”) and Terms of Use (“TOU”), you as the customer indemnifies SIMPLY HADDAD for any violation of the Acceptable Use Policy (“AUP”), Terms of Service (“TOS”) and Terms of Use (“TOU”) that results in loss to SIMPLY HADDAD or the bringing of any claim against SIMPLY HADDAD by any third-party. This means that if SIMPLY HADDAD is sued because of a customer’s or a customer of a customer’s activity or a customer’s employee/s or a customer’s contractor/s or a customer’s consultant/s, the customer will pay any damages awarded against SIMPLY HADDAD, plus all costs and attorney’s fees.

Topics : Any additional services attorney authorized representative

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