INDEMNITY: Client shall hold Tonsorium harmless in and from all claims, liabilities, damages, and detriments not arising from Tonsorium actual negligence.
WEBSITE: You understand that you are leasing a website from Tonsorium, you can cancel at any moment. Once plan is canceled the website will be shut down and deleted.
LIMITATION OF LIABILITY: In no event shall Tonsorium be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, if Tonsorium has not previously been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
COPYRIGHTS AND TRADEMARKS: The client represents to Tonsorium and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Tonsorium Tonsorium for inclusion in the project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Tonsorium and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
IMAGES: Client is responsible for providing images, stock images can be provided for the client at an additional cost.
LAWS AFFECTING ELECTRONIC COMMERCE: From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that they are solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Tonsorium and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.
HOSTING TERMS AND CONDITIONS: Customer expressly agrees that use of Tonsorium’s Server is at Customer’s sole risk. Neither Tonsorium, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Tonsorium service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Tonsorium service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall Tonsorium Web Hosting, its offices, agents or anyone else involved in creating, producing or distributing Tonsorium’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Tonsorium Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Tonsorium Web Hosting’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Tonsorium Web Hosting’s Server service.
Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
BACKUPS: Tonsorium makes backups throughout the day and night and are kept for 30 days until they are overwritten by the next backup. These backups are to be used in the case of a catastrophic failure.
PAYMENT: Invoices are due immediately upon receipt. We reserve the right to suspend any services provided to you until payment is made. You are free to cancel the service at any moment. Service Fees are non refundable. Service will continue until the last day specified in your account. If you believe there is an error in your invoice contact us and we agree to work together to resolve any billing disputes.
GOVERNING LAW: This website is owned by Tonsorium from our offices located in the state of New Jersey, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those in NJ, by accessing this website, you agree that the statuses and laws of NJ, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in NJ, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, TONSORIUM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
Tonsorium
PO BOX 175
Helmetta, NJ 08828
