Terms of Service

1. Acceptance of Terms of Service and Amendments.
Each time you use or cause access to this web site, you agree to be bound by these Terms of Service, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Service. Please see our Privacy Statement and License Agreement , both incorporated into these Terms of Service by reference.

2. Our Service.
Our web site and services provided to you on and through our web site on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify this web site and its service-portfolio or delete the data you provide, whether temporarily or permanently upon the moment of expiring date of the service purchase agreement. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3. Your Responsibilities and Registration Obligations.
In order to use this web site, you don't have to register on our site, but if you want to access certain area's of this website you need to purchase a service package which if applicable grants you access to registered members only. When you purchase and register you agree to provide truthful information when requested, and be at least the age of thirteen (13) or older. When registering, you explicitly agree to our Terms of Service and as may be modified by us from time to time and available here.

4. Privacy Policy.
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Statement.

5. Registration and Password.
You are responsible to maintain the confidentiality of your ticket number/userid and password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account/ticket or password.

6. Your Conduct.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.

You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
(f) insult any staff or allied staff of our company in any form nor abuse them in any form.  If you are not satisfied with any service of ourcompany you can complain but  abusive behavior will not be tolerated and might lead to cancellation of your account.

7. Submission of Content on this Web Site.
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

8. Third Party Services.
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

10. Payment and transactions.
Upon ordering any of our services you agree to pay for such services through the websites service provider 2CheckOut. You agree to pay through credit card immediately upon ordering through the online payment processing facility of 2CheckOut as offered on site. By ordering you agree to the rules as referred to by 2CheckOut. Upon confirmation of the payment authorization of 2CheckOut we will provide you with a userid and password which will enable you access to the customer only and restricted area of the website. We will also open a welcome ticket which will enable you to access the Ticket Trouble Engine and start your purchased services.

11. Delivery of Services
All service packages incorporating a Trouble Ticket facility are valid for 1 calendar year, starting from date of welcome ticket or as soon as the number of purchased credits have been used. In case of Remote maintenance an additional number of remote maintenance tickets are added. As soon as the credits have been used your service agreement will seize. You will be able to purchase an additional service package.

12. Limitation of liability on Ticket Trouble Services
You agree and accept that with the purchase of a Ticket Trouble service you do not purchase a guarantee that the services will always result in a solution of a possible problem. Too many external circumstances are influencing possible outcomes of services and advise. These external circumstances are amongst others but not limited to external hosting issues, your own knowledge, access problems, purchased service package limitations (non, other than in the by Joomla-core distributed core package third party extensions are excluded unless otherwise agreed), change requests and other not specifically mentioned labor disputes, riots, civil unrest, acts of nature and non specified but acknowledged acts of God. In all cases a claim or refund is excluded and overrules any agreement between 2CheckOut and you as payee. A refund is always granted in case we do not provide you with user details and password within a period of 12 hours after purchase confirmation has been received from 2CheckOut. Details can be found in Our Commitment. 3rd party products such as non-core considered components are not allegeable for Ticket Trouble Services. TTS is solidly performed on the core software package as distributed from the Joomla-website.

13. Limitation of Liability on non-Ticket Trouble Services
You agree and accept that with the purchase of non-Ticket Trouble Ticket services such as site-conversion Mambo - Joomla and Installation, Upgrades services or Webmaster Services will be performed as agreed but only when full access has been given (valid also for remote maintenance) by you and external circumstances cooperate with the implementation. Also in these packages services can be disrupted or cancelled because of influences not foreseen by site-owner. In all cases a claim or refund is excluded and overrules any agreement between 2CheckOut and you as payee. A refund is always granted in case we do not provide you with userdetails and password within a period of 12 hours after purchase confirmation has been received from 2CheckOut.

14. Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Service or any other violation of the rights of another person or party.

15. Cancellation of Services
You are entitled to cancel your services without prior notice. However any cancellation from you will never lead to restitution after the welcome ticket has submitted to you or within the first 12 hours after receipt of the 2CheckOut payment confirmation. Services can be cancelled by the owner of this website upon end of contract term, completion of a project or by misconduct of you as client. Misconduct is defined as not following the rules as set in these Terms of Servcie.

16. Disclaimer of warranties.
Your understand and agree that your use of this web site and any services or content provided (the "service") is made available and provided to you at your own risk. It is provided to you "as is" and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.

WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

17. Limitation of liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

18. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

19. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, please contact us.

20. Applicable Law.
You agree that this Terms of Service and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.

21. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Service and we shall be relieved of any further obligation.

Version 1.2.c 01-01-2008