We (the creative minds at Ayamand Digital) are on a mission to provide our customers with websites that load blazingly fast, are well-optimized and are very secure. We hope you love our services — as much as we love creating them.
These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don’t agree to these Terms, don’t use our services.
1. Who’s Who
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
2. Acceptance
It is not necessary for any Client to sign an acceptance of these Terms of Service for them to apply. If a Client accepts a quotation from us, then that Client will be deemed to have satisfied themselves as to the terms applying and have accepted these Terms of Service in full. Any request of our services implies that you have read and accepted our Terms of Service.
3. Payment
Charges for services to be provided by Ayamand Digital are defined in the project quotation that the Client receives via e-mail.
4. Design or Optimization Credit
A visible link to Ayamand Digital may appear in either a small type or by a small graphic at the bottom of the Client's website. If a client requests that the design or optimization credit (located on the bottom of the website) be removed, a fixed fee will be applied.
By this, the Client hereby grants Ayamand Digital a non-exclusive right to use Client’s trade names and logos as used by Client’s hosted sites, including but not limited to screenshots of Client’s hosted sites, testimonials and associated photographs appearing on Client’s hosted sites (“Client's Public information and images”), in advertising and also on Ayamand Digital’s own websites describing and promoting Ayamand Digital’s Services.
5. Ownership
You will retain all Intellectual Property Rights owned or licensed to you. We are just commissioned by you (the rightful owner) to build your website.
6. Indemnity
All Ayamand Digital services may be used for lawful purposes only. You agree to indemnify and hold Ayamand Digital harmless from any claims resulting from your use of our service that damages you or any other party.
7. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Ayamand Digital the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Ayamand Digital permission and rights for use of the same and agrees to indemnify and hold harmless Ayamand Digital from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Ayamand Digital that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
8. Liability
Ayamand Digital hereby excludes itself, its Employees and or Agents from all and any liability from:
The entire liability of Ayamand Digital to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
9. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
10. Changes and the law
Ayamand Digital are not lawyers, but we make every effort to stay abreast of the changes in the law relating to websites and we will make every effort to notify you of these changes should we become aware of them.