TERMS & CONDITIONS

Terms and Conditions for the Provision of Services.

Nano IT (hereinafter referred to as "Nano IT Ltd.") provides web hosting and web enabled service to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using Nano IT services. Once an order is placed with Nano IT, you concur that you are in agreement with and bound by the terms and conditions below.

  • Any work done by Nano IT for any client, which includes the scripts, coding or software, unless mutually agreed, will be copyright of Nano IT and should not be commercially reproduced or resold without the knowledge and permission of Nano IT.
  • Nano IT cannot be held liable for copyright violations caused by materials and content submitted by the client.
  • Nano IT will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
  • Nano IT will not be liable for non execution of project for certain reasons not in control of IT Chimes.

To the fullest extent permitted at law Nano IT Ltd. provide this website and its contents on an 'as is' basis and we make no warranties until a client enters into an agreement with us on pay for service basis. Then the agreement of the service will determine the nature of representations and warranties.

Nano IT Ltd. seeks to ensure that all material on this site is accurate and current. However, Nano IT Ltd. is not responsible for the content of any external websites which may be linked to from this site.

TherThe following terms and conditions will apply to general web site design services offered by Nano IT Ltd.. By ordering services from Nano IT Ltd. you are agreeing to the following terms and conditions. If Nano IT enters into a specific written agreement with you then the details of that agreement will determine the nature of representations of that particular agreement relating to payments, deliverables etc.

  • We reserve the right to refuse to construct a web site which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright.
  • The acceptance of a commission shall be deemed as a contractual agreement between the client and Nano IT Ltd..
  • Nano IT Ltd. cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence.
  • All material, both text and images, supplied by the client and used in the construction of the client's web site, will remain the client's property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
  • The copyright for all material provided by Nano IT Ltd. , such as HTML code, graphics, photographs and text, will remain the property of Nano IT Ltd. until such time as payment has been made in full.
  • Nano IT Ltd. makes every effort to design pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed.
  • Nano IT Ltd. can accept no responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion, chooses not to list a client's web site.
  • Nano IT Ltd. will initially place the client's website on one of Nano IT Ltd.'s demonstration servers during development in order that the client may view and comment upon the website's progress. When both Nano IT Ltd. and the client agree that the website meets the criteria agreed during the commissioning process, Nano IT Ltd. will invoice the client for the full amount due for the commission. On receipt of payment, Nano IT Ltd. will publish the website on the client's server, or provide the source code for the site via a download (or cd-rom disk) for the client to upload.
  • If at any point during the Website Development Cycle a client wishes to cancel, they may do so and the client will be refunded his payment already made but must not use any of the works done by Nano IT Ltd. in any manner.
  • If, during the Website Development Cycle, the client does not supply the content required in order to complete the commission within a reasonable amount of time, Nano IT Ltd. may charge extra to restart work on that project.
  • Nano IT Ltd. expects payment by cheque, credit card or cash within 07 days of the date on the invoice.
  • Any payment returned by the bank or credit card company will incur a 60 USD administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer.
  • Nano IT Ltd. does not undertake to maintain or update a client's website as part of the design commission. If a client wishes Nano IT Ltd. to maintain or update a web site as a separate commission, Nano IT Ltd. will negotiate with the client a maintenance contract appropriate to the amount of work required. Web site maintenance may also be undertaken on a time and materials basis if the client so wishes.
  • Nano IT Ltd. reserves the right to alter prices at any time without notice. If a client has commissioned any services from Nano IT Ltd. prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.
  • By agreeing to these terms and conditions your statutory rights are not affected.
  • Nano IT Ltd. reserves the right to change or modify any of the terms and conditions contained in the Terms and Conditions.


Third Party Content

We have partners and other suppliers who provide us with their content. You can use it, but again, only for personal use and with no changes, unless you get permission directly from that partner. Nano IT also can't take any responsibility for the verifiability or truthfulness of any claims, warranties or fitness for any particular purpose, whether stated outright or implied.


Links to Third Party Sites

Nano IT does not endorse any links that lands up on its pages


Proprietary Rights

Any trademarks, copyrights or logos you see on the site are the property of Nano IT


Copyright and Trademark Infringement

We respect the intellectual property rights of others and we ask our Nano IT users to do the same. If you are a copyright holder and believe that your work has been borrowed/stolen, altered, illegally copied or misused in any other way, please let us know.


Limitation of Liability

Only you will be liable for any illegal activity while you are utilizing the resources of Nano IT


TRADEMARKS

Nano IT content and other Nano IT graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks.


Backups and Data Loss

Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. Each User is solely responsible for all installation, maintenance, security and backup of the operating system, software, files and data used in the User's Container, as well as any reinstalls and changes. This service is provided to you as a courtesy. Nano IT is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Nano IT servers. Backups. For its own operational efficiencies and purposes, Nano IT from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms. IT IS SOLELY SUBSCRIBER'S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER'S FILES AND DATA ON Nano IT SERVERS, AND under no circumstance will Nano IT be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any Nano IT server. Nano IT will not attempt to back up accounts that exceed 50,000 files or 20 Gigs of space for any reason..


ENFORCEMENT


Investigation of Violations

Nano IT Ltd. may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. Nano IT Ltd. will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.


Nano IT Actions

Nano IT Ltd. reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, Nano IT Ltd. may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on Nano IT Ltd. 's systems, and/or (d) disabling or removing any hypertext links to third party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by Nano IT Ltd. which, in Nano IT Ltd. 's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes Nano IT Ltd. to civil or criminal liability or public ridicule. It is Nano IT Ltd. 's policy to terminate repeat infringers. Nano IT Ltd.'s right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If Nano IT Ltd. takes corrective action due to such possible violation, Nano IT Ltd. shall not be obligated to refund to you any fees paid in advance of such corrective action.


Disclosure Rights

To comply with applicable laws and lawful governmental requests, to protect Nano IT's systems and customers, or to ensure the integrity and operation of Nano IT's business and systems, Nano IT Ltd. may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on Nano IT's servers and systems. Nano IT Ltd. also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.


WARRANTY DISCLAIMER

Customer and/or Third Party Acts

Nano IT Ltd. is not responsible in any manner for any non-confirming Services to the extent caused by you or your customers. In addition, Nano IT Ltd. is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond Nano IT's reasonable control.


Customer and/or Third Party Acts

Nano IT Ltd. is not responsible in any manner for any non-confirming Services to the extent caused by you or your customers. In addition, Nano IT Ltd. is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond Nano IT's reasonable control.


No Express or Implied Warranty

ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY Nano IT Ltd. UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT Nano IT Ltd. EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH Nano IT Ltd.'s COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. Nano IT Ltd. DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, Nano IT Ltd. DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADESECRET OR TRADEMARK INFRINGEMENT.


Your Warranties and Representations to Nano IT Ltd.

You warrant, represent, and covenant to Nano IT Ltd. that (a) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content and/or any software that you install or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.


LIMITATION AND EXCLUSION OF LIABILITY

Limitations

IN NO EVENT SHALL Nano IT Ltd. HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO Nano IT Ltd. , DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. Nano IT Ltd. SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF Nano IT Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF Nano IT Ltd. TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO Nano IT Ltd. BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY Nano IT Ltd. UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE Nano IT Ltd. FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.


Interruption of Service

You hereby acknowledge and agree that Nano IT Ltd. will not be liable for any temporary delay, outages or interruptions of the Services. Further, Nano IT Ltd. shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).


Maintenance

You hereby acknowledge and agree that Nano IT Ltd. reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. Nano IT Ltd. will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.

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