Terms of Service

Latest update July 6, 2020

The following Terms of Service govern your access to and use of Chris Digital Solutions’ (collectively, “CDS”, “we” or “us”) website (the “Website”) including any content and functionality offered on or through it as well as our products, services and communications (all referred to as the “Services”).

The Terms of Service are governed by the Law of the Republic of Vanuatu. Please read them carefully before to start using our Services.

By using our Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Services.

For more detailed policies surrounding the activity and usage of our Services, please access the designated articles herein.

The Services are offered and available to users who are eighteen (18) years of age or older. If you are under eighteen (18) you may not use the Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Services.

Definitions

DATA refers but is not limited to emails, passwords, personal and sensitive files, as well as files managed on behalf of an organisation.

ITC stands for Information Technology and Communication, previously known as IT for Information Technology.

SUBSCRIPTION refers to monthly marketing services offer by our company.

1. General

1. A – Our hours of operation are Monday to Friday from 8 am to 5 pm UTC+11:00. You can contact our Support at support@chrisdigitalsolutions.com unless specified otherwise;

1. B – A fifty per cent (50%) up-front payment is required before the delivery of a service;

1. C – Service requests made outside our operating hours may incur a fifty per cent (50%) cost;

1. D – Overdue accounts may incur a two per cent (2%) monthly penalty;

1. E – Advertisement credits do not constitute a payment method and therefore, may not be used to settle open accounts;

1. F – We reserve the right to suspend or permanently terminate subscriptions at any time, for any reason, without notice or refund;

1. G – We reserve the right to distribute and share any artwork made from our Services for commercial purposes;

1. H – It is the client responsibility to maintain a backup of his data including passwords on a separate storage device before using our Services;

1. I – Client requests may be sent by email to our Support team.

2. Conduct and Protection

2. A – We reserve the right to suspend or permanently terminate to provide our Services in case of violation of our Terms of Service, or due to any illegal or inappropriate use of our Services;

2. B – Users with suspended or terminated Services may not access or use them;

2. C – To file a dispute, report a violation of our Terms of Service or user misconduct, please contact our Support team;

2. D – Users who have violated our Terms of Service may contact our Support for more information surrounding the status of their case;

2. E – We may make changes to our Terms of Service from time to time. When these changes are made, we will make a new copy of the terms available on this page;

2. F – You understand and agree that by using our Services after the date on which the Terms of Service have changed, we will treat your use as acceptance of the new terms.

3. Protection and Retention of Data

3. A – Clients may check the integrity of their data within two (2) days from the service delivery date. Beyond that period, we reserve the right to permanently delete all the data including any other file and information from our systems;

3. B – Clients with an active agreement may request a copy of their data within eight (8) days from the agreement termination date. Beyond that period, we reserve the right to permanently delete all the data including any other file and information from our systems;

3. C – Our Website complies with the European Union (EU) General Data Protection Regulation (GDPR), for more information please visit the Union website at www.ec.europa.eu;

3. D – Visitors can request access to or deletion of their data as permitted by the GDPR by contacting our Support team. For more information please read our Privacy Policy.

4. Commercial Use License

4. A – All graphic design intellectual property rights are automatically assigned to you unless stated otherwise. The Commercial Licence strictly excludes any illegal, immoral or defamatory purpose. This License is subject to our Terms of Service. There is no warranty, express or implied, with the purchase of a service, including with respect to the fitness for a particular purpose. Neither the designer nor CDS may be liable for any claims, or incidental, consequential or other damages arising out of the use of the service.

5. Intellectual Property

5. A – To report claims of copyright infringement (DMCA notices) or trademark infringement please contact our Support team.

6. Proprietary Restrictions

6. A – Visitors have no right, and specifically agree not to do the following with respect to the Website or any part, component or extension of the Website: (I) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (II) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organisation; (III) modify or create derivative works; (IV) remove any copyright notice, identification or any other proprietary notices, or; (V) use the Site in any manner that could damage, disable, overburden or impair the Website, or interfere with any other user’s utilisation of the Website;

6. B – Visitors agree not to permit or authorise anyone else to do any of the foregoing.

7. Violations and Non-Permitted Usage

7. A – Inappropriate Behaviour and Language – Communication with us should be friendly and professional. We firmly condemn bullying, harassment and hate speech. An evaluation system is available to our clients to rate the quality of our service in the ‘Reviews’ section of our Facebook page;

7. B – Phishing and Spam – We take the safety of our clients’ data seriously. Any attempts to use Services to publish or send malicious content with the intent to compromise an individual or third party’s computer environment is strictly prohibited;

7. C – Legal Representation – You may not use a false identity, or misrepresent your identity. If you represent an organisation, by hiring our Services you warrant that you are of legal right and authorised to form a binding contract between us and your organisation, and meet all the foregoing eligibility requirements;

7. D – Intellectual Property Claims – We will respond to clear and complete notices of alleged copyright or trademark infringement;

7. E – Fraud and Unlawful Use – You may not use our Services for any unlawful purposes or to conduct illegal activities;

7. F – If you come across any content that may violate our Terms of Service, please report it to our Support team.

8. Cancellation Policy

8. A – Agreement termination requests must be notified by email to our Support one (1) month in advance;

8. B – Subscription modification and termination requests must be notified by email to our Support two (2) months in advance;

8. C – Overdue accounts may result in the suspension or permanent termination of all active Services as well as the temporary revocation of administrator privileges until the full clearance of the overdue balance.

9. Legal Terms

9. A – Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. THEY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CHRIS DIGITAL SOLUTIONS NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. B – Language and Translation

OUR SERVICES MAY CONTAIN TRANSLATED TEXT OR CONTENT. WE DISCLAIM ALL WARRANTIES RELATED TO THE QUALITY OF THE TRANSLATION, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Our services have been translated for your convenience are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of the translation. Some content (such as images, videos, texts, etc.) may not be accurately translated.

Language or translation errors in our Services shall not have any legal effect for compliance or enforcement purposes. If any question arises related to the accuracy of the information contained in our Services, or to report an error, please contact our Support team.

9. C – Limitation on Liability

IN NO EVENT WILL CHRIS DIGITAL SOLUTIONS, ITS AFFILIATES OR LICENSORS, SERVICE PROVIDERS, DIRECTORS OR EMPLOYEES, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF EQUIPMENT, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

CHRIS DIGITAL SOLUTIONS, ITS AFFILIATES, DIRECTORS AND EMPLOYEES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Chris Digital Solutions, where control means having more than fifty per cent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.


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