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Terms and Conditions Everyday English GmbH

www.mydesigntool.com
myDesignTool™ - Web Design Services

In using this website and the services offered therein you are deemed to have read and agreed to the following terms and conditions:

General

The following general trading conditions (Terms and Conditions) are a component of all contracts with

Everyday English GmbH for myDesignTool™ - Web Design Services.

This company is registered in Switzerland: Everyday English GmbH, Chilenaustrasse 2, 8108 Dällikon, Switzerland.

The laws of Switzerland govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the Swiss courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason including, but not limited to the exclusions and limitations set out below, then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Swiss Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.

Confidentiality

Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Data Security

The client absolves the Company of all requirements regarding third party data. Additionally, it is the responsibility of the client to ensure that they have back up copies of all data and materials supplied to us for use in fulfilling our contractual obligations. For subsequent loss of data the Company cannot be held responsible.

Acceptance of an Offer/Order confirmation

The price presented in any offer for services is binding immediately the client indicates acceptance by signing the contract and thereby enters into a written agreement with the Company for the services detailed in such contract. Once the contract has come into force, following the provision of signatures by both parties, any further changes to the content or conditions of the contract together with any additional costs involved for the amendments, must be agreed to in writing by both parties to the contract.

Disclaimer

Exclusions and Limitations

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
  • excludes all liability for damages arising out of or in connection with your use of this website or the products offered. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
  • We reserve the right to remove or delete any materials, uploaded by clients using the myDesignTool, which are deemed to be unsuitable and unacceptable due to their offensive nature.

The above exclusions and limitations apply only to the extent permitted by law.

Payment

Our Terms are payment in full within ten days of the date of the final invoice. All goods remain the property of the Company until paid for in full. The Company reserves the right to request a 30% deposit of the total contractual value from new Clients upon presentation of the draft concept for a website. Monies that remain outstanding by the due date will incur late payment interest until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed CHF10’000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

Availability

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to/ from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. All intellectual property rights within the scope of web design products conceptualised by the Company remain with the Company and are not to be distributed further outside of the framework of the contract (webpages). Finished web pages and all associated rights remain with the Company, until the Company has received full payment of the contractually agreed price. The client acquires the rights to the contents and publication of the website, Text, Graphics, Photos upon receipt of full payment of the contractually agreed price by the Company.

Client access to myDesignTool is restricted to HTTP. Everyday English GmbH retains the copyright for myDesignTool. Distribution of myDesignTool by the client to third parties is strictly forbidden any attempts to copy myDesignTool will be viewed as “hacking” and dealt with in the legal framework accordingly.

Third party rights/Copyright and Trademark Infringements

The Company is not responsible for the content of the website which is provided solely by the Client. The Client unconditionally guarantees that all materials supplied by him, in particular, but not exclusively photos, texts, etc., for inclusion in the website are freely owned by the client, or that the client has unequivocal permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend the Company from any claim or suit arising from the use of such elements furnished by the Client. The Client undertakes to free the Company from all and any responsibility and to repay any costs which the Company may incur as a result of any action concerning any possible infringement of copyright.

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 10 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

Disclaimer

Whilst we have taken all reasonable care to ensure the information contained on the website is accurate we do not guarantee the accuracy of the information. We are not responsible for any inaccuracies in the information on this website. Except where it is indicated that you are in a secure trading area, you are responsible for the security of any data you transfer to or from our website. We shall not be responsible for any loss or damage caused, directly or indirectly, by use of the website or the information contained on the website.

Further Regulations

The rights and obligations of a contract for services between the Company and the Client can only be transferred to a third party with the written agreement of the other party to the contract. The only exception to this regulation is the transference of the contract by Everyday English GmbH to its legal successor or affiliated company.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

© Everyday English GmbH All Rights Reserved

Everyday English GmbH, 8108 Dällikon, Switzerland, Tel: +41 (0)44 840 03 68, Email: info@mydesigntool.com