Terms & Conditions
1. Definitions
- MaxiResults.com is owned and operated by Shukla
Limited, a company incorporated in England and Wales
(number 4268494) and registered at PO Box 338, Gillingham
Kent ME8 7WL (Tel: 0845 643 4183, Email:
).
- Where applicable “Client” refers to the company, firm,
practice or individual who has placed an order for a
service or product provided by MaxiResults.com (also
referred to as Maxi Results).
- Where applicable “client” means the client of the
MaxiResults.com.
- “product” “products” “service” or “services” refers to
all orders the Client has placed with Maxi Results.
2. General
- These terms and conditions are the entire agreement
between Maxi Results and the Client in respect of all
services provided and unless mutually varied in writing are
the whole of the agreement between us. The Client agrees
that they will not rely on any verbal representation made
by Maxi Results.
- If any provision of this agreement is held by any
competent authority to be invalid or unenforceable in whole
or in part, the validity of the other provisions shall not
be affected.
- This agreement shall be governed in accordance with the
Laws of England.
- The Client cannot assign rights under this agreement to
a third party without Maxi Results’ written consent.
- All systems, software and hardware used in providing
the service shall remain the property of Maxi Results.
3. Payment Terms
- Unless otherwise expressly agreed in writing or stated
on the Maxi Results website, service provided by Maxi
Results is automatically renewable every month. We require
that our customers to pay upfront to receive our service
for that month. Any payment for a month will be due on the
first of the month after the order is received and can be
collected by our payment processor at any time during the
month.
- In the event of failure to make payment on time, Maxi
Results have the right to cancel any or all services and
the Client loses the right to continue using any of the
products or services.
- In the event of late payment, Maxi Results reserves the
right to charge the Client a late fee as well as an
interest at 4% over the base rate of Barclays Bank PLC from
the date payment was due, such interest to accrue
daily.
4. Delivery Policy
- It is our policy to deliver the Content directly to
Client's website via the use of FTP. Content can be
delivered via other electronic means (e.g. email) but only
by special arrangements.
- If Client’s website is hosted with us then hosting
account will be created immediately upon the receipt and
verification of Client 's payment in full. Should the
payment turn out to be fraudulent, the account and all
other services will be suspended and Client will be
expected to repay the amount and any fees incurred.
- Account setup, website design and other professional
services usually take between 7 - 14 working days from the
date of order. However at peak times it may take slightly
longer. In that event Client will be notified.
- Maxi Results provides Content delivery services only.
Services like web design, web hosting or others may be
offered to existing or new Clients as complimentary. These
services are at the sole discretion of the Supplier and may
be withdrawn at any time and without notice.
5. Refund, Return and Cancellation
Policy
- Refunds are only issued if Maxi Results fails to add
Content to Customer's website every month (if that is the
contract). It is not our policy to offer refunds for the
services already rendered. Refunds are determined on
individual circumstances and only issued once Maxi Results
has determined that it is at fault in fulfilling its
obligations. Request for a refund can not be entertained
after 1 (one) month from the first purchase or renewal date
of the service.
- Any set up charges, once collected, are not refundable
under any circumstances. Refunds are not issued for server
failure/issues or lack of features.
- As Maxi Results delivers its services online under SaaS
(or software as a service) model, product returns are
neither possible nor accepted.
- None of our Clients are required to enter into any long
term contracts to receive our services. The service is
renewable automatically every month, unless cancelled
before the start of next renewal date. Client can
cancel their service at any time by sending us a
notification in writing, which we must receive at least one
working day in advance from the next renewal date.
6. Intellectual Property
- The intellectual property rights in all products and
services provided belongs to Maxi Results and their
associates. Use of the intellectual property is granted to
the Client solely for use within their business and on the
domain name for which they have been ordered in relation to
their own clients, prospects or services and not for resale
or commercial use in any other way. The Client cannot grant
rights to commercial use of any product to any other person
without the written permission of Maxi Results.
- Maxi Results can at any time cancel all rights of the
Client to use the intellectual property.
- The intellectual property rights to any website design
created by Maxi Results belong to Maxi Results unless a
separate fee is agreed specifically for the design. All
rights to all written content provided by Maxi Results will
always belong to Maxi Results.
- Any images supplied by Maxi Results remain the
copyright of Maxi Results and may not be reproduced
electronically or in print, without the express written
permission of Maxi Results. Such images may be used in more
than one design and are not totally for exclusive use on
the web site of the Client.
7. Commissions and Payment Processing
- Where the Client has signed up with any third party
provider such as for any affiliate commission income or
online fee processing, Maxi Results are not responsible in
any way for the correct operation of such processes or
payment of commissions and fees due. It is the
responsibility of the Client to check that what they have
requested to be implemented by Maxi Results is working for
them.
- Where Maxi Results have contracted with a third party
to act as Agent for the sale of their products and
services, they may allow the Client to also market and sell
the products in return for commissions on such terms as
Maxi Results may notify from time to time. Maxi Results
will hold an indemnity from the third party in respect of
defaults by the third party but Maxi Results will not be
responsible in any way for any defaults of the third party.
In relation to such deals, unless specifically authorised
otherwise by Maxi Results:
-
- the Client must take all due care and diligence
in marketing the products and services and operate
with sound commercial principles.
- the Client must not hold itself as being
authorised to bind or to actually bind the third
party or Maxi Results.
- the Client must account for any monies
collected on behalf of the third party or Maxi
Results to them.
- the Client does not obtain any Intellectual
Property rights belonging to such products and
services and must keep all information relating to
the third party confidential other than for the
purposes of marketing the products and services for
the benefit of the third party
8. Security, Servers and Data
Protection
- Both Maxi Results and the Client are responsible for
complying with the data protection legislation in force in
relation to the activities undertaken by each in respect of
this agreement. Any data stored in an online database is
the property of the Client for the purposes of
responsibilities under the data protection
legislation.
- Maxi Results will undertake all reasonable security,
integrity and back up measures in relation to data stored
on our servers but shall not be liable for any loss or
damage to any data stored on the server or for any
unauthorised use.
- The Client will not under any circumstances store
material that is obscene, threatening, malicious or illegal
on Maxi Results servers or that contains a virus or
infringes the intellectual property rights any third party.
Maxi Results have the right to remove anything they deem
inappropriate or potentially damaging in any way from the
Web Site of the Client without notice
- The Client will not run any software, applications or
other processes on the server without the express written
permission of Maxi Results.
- Where we are hosting the website of the Client, Maxi
Results will provide the webspace and bandwidth as
promised in the package selected by the Client. More can be
offered in the unlikely event more is needed either for a
fee or at the sole discretion of Maxi Results.
- No guarantee is provided for uptime of the servers and
Maxi Results is not liable in any way for any
downtime.
9. Domain Name
- Unless Maxi Results has purchased a domain name on
behalf of the Client, Maxi Results is not responsible for
renewal or any reminders to renew for any domain names
belonging to the Client. It is the responsibility of the
Client to renew their domain name with the registrar in
good time
- Maxi Results shall not be liable in respect of any
dispute between the Client and a third party over use of
the domain name. It is the Client’s responsibility to
ensure they have the right to use the domain name.
10. Liability and Disclaimers
- To the extent permitted by the applicable law, Maxi
Results disclaims all representations and warranties with
respect to the Client’s site and any material thereon,
either express or implied, including but not limited to any
implied warranties of merchantability or fitness for any
particular purpose; in no event will Maxi Results be liable
for indirect, special, incidental or consequential loss or
damage which may arise in respect of the site, its use, or
in respect of other equipment or property, or for loss of
profit, business, revenue, goodwill or anticipated savings,
even if we have been advised of the possibility of such
loss.
- Advice and recommendations provided by Maxi Results are
provided on the basis of prevailing best practice as at the
time the advice is given. We shall have no liability to the
Client to the extent search engine providers alter their
practices (including algorithms) which may affect the
advice provided and the methodology adopted by us in its
delivery of the services.
- Except in the case of death or personal injury , or in
the event that any exclusion or other provision contained
in these Terms be held to be invalid for any reason and
Maxi Results become liable for loss or damage that could
otherwise have been limited, such liability shall be
limited to £50 (FIFTY pounds).
- Under no circumstances shall any of the Maxi Results
officers, agents or anyone else involved in supplying
services have any liability to the Client.
- The Client indemnifies Maxi Results for any claim
brought against Maxi Results by any third party as a result
of the Client breaching these terms and conditions.
- The Client will not alter the wording of any
disclaimers or legal notices provided without Maxi Results
written consent. Such disclaimers are there for both the
protection of the Client and Maxi Results. The Client
indemnifies Maxi Results in respect of any damages or loss
arising as a result of a breach of this clause.
- Maxi Results is not responsible for checking any of the
text content for sites provided by the Client and shall
make no effort to do so. This is the responsibility of the
Client.
11. Guarantee & Obligations
- Maxi Results provide an appropriate guarantee for
products and services supplied as advertised on their
website at the time of order.
- Maxi Results will use reasonable endeavours to deliver
the Services and the deliverables to the customer. We shall
use reasonable endeavours to meet any performance dates
specified in our official communication with
customers.
- It is acknowledged that we have given no warranties,
representations or guarantees regarding the outcome or
predicted results produced by our services.
12. Termination
- Maxi Results have the right to terminate this agreement
and services provided without prior notice. No reason is
required and Maxi Results shall be under no liability to
the Client for any loss or damage as a result of such
termination.
- Other than where a minimum payment period is provided
for, the Client may also terminate without prior
notice.
- Written notice must be provided by the party
cancelling. Following termination, no future payments will
be due other than any already accrued and unpaid. Any
services and products provided will incur liability on a
pro-rata basis if part completed or provided.
- One month following termination by Maxi Results or
immediately following termination by the Client, all data
relating to the Client held on Maxi Results servers shall
be deleted.
- After termination, the Client must no longer use any of
the services and products supplied by Maxi Results in any
way whatsoever.
13. Miscellaneous
- Maxi Results can display websites, newsletters,
resources, etc that they create for the Client on the Maxi
Results website and in their marketing material as examples
of their work. In addition, they can use testimonials
received from the Client. Maxi Results will however, remove
such items on the request of the Client.
- The Maxi Results site may display links to external web
sites. These links are provided solely for the convenience
of users of this website and for no other reason. The
external web sites are maintained and operated by third
parties. Maxi Results cannot be held responsible for any
information on any such third party's website.
- Customers who require hosting, standard shared hosting
is provided from a third-party company with no guarantee of
the level of uptime from us. It is the Customer's
responsibility to maintain its own backup processes and to
regularly make copies of all information.
- Without the written agreement of the other party, the
Client and Maxi Results will not disclose any information
relating to our dealings to each other or the intellectual
property rights to any other third party unless required to
do so by law. Where required to do so by law, the other
party will obtain a written undertaking from the third
party to keep the information confidential and only to use
it for the purposes for which it was provided.
- Maxi Results is unable to accept order from these
countries: Belarus, Burma/Myanmar, Democratic Republic of
Congo, Eritrea, Federal Republic of Yugoslavia &
Serbia, International Criminal Tribunal for The Former
Yugoslavia, Iran, Iraq, Ivory Coast, Lebanon and Syria,
Liberia, North Korea (Democratic People’s Republic of
Korea), Republic of Guinea, Somalia, Sudan, Zimbabwe, Cuba
and Balkans.
- You agree to be bound by these Terms. These Terms
supersede any or all prior agreements. No addition,
amendment or modification of these Terms shall be
effective, unless in writing and signed or accepted by
us.
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