(1) Definitions and Interpretation
In this Agreement “we” means General Web Technologies LLC
(and “us” and “our” shall be construed accordingly);
and “you” means the relevant customer or potential customer
as the case may be (and “your” shall be construed accordingly).
In this Agreement, the following definitions shall apply:
“Agreement” means this agreement incorporating any terms set
out in our Second Acknowledgement;
“First Acknowledgement” means the initial automatic email
acknowledgment which we will send to you after receiving your Order;
“Intellectual Property Rights” means all intellectual property
rights wherever in the world arising, whether registered or
unregistered (and including any application or right of application),
including copyright, moral rights, performers’ rights,
performers’ moral rights, know-how, confidential information,
trade secrets, business names and domain names, trade
marks, patents, petty patents, utility models, design
rights, database rights and all rights in the nature of unfair competition
rights or rights to sue for passing off;
“Order” means your order for Products made via the Site;
“Products” means goods which may be purchased by you from the Site;
“Second Acknowledgement” means the email acknowledgment
which we will send to you (where appropriate) confirming acceptance of your Order; and
“Site” means the website at http://www.generalwebtech.com
or any successor site operated by us from time to time.
(2) This Agreement
This web page disclaimer governs the terms and conditions of the use
of our web site as well as the purchase or payment for services
rendered. By using our website, you accept this disclaimer in full.
Do not use this web site if you disagree with any part of this disclaimer.
The advertising of Products on the Site constitutes an
“invitation to treat”; and your Order for Products
constitutes a contractual offer. No contract comes into
force between you and us unless and until we accept your Order.
In order to enter into this Agreement with us, you will
need to take the following steps:
(i) You must add any the Products you wish to purchase to your
shopping cart, and then proceed to the checkout;
(ii) if
you are a new customer, you must then create an account
with us and log in; if you are an existing customer, you
must enter your login details;
(iii) once you are logged
in, you must select your preferred method of delivery and
confirm your Order and your consent to the terms of this
Agreement;
(iv) you will be transferred to the Paypal
website, and Paypal will handle your payment;
(v) we will
then send you the First Acknowledgment; and
(vi) once we
have checked whether we are able to meet your Order, we
will either send you the Second Acknowledgement (at which
point this Agreement will become a binding contract) or
we will confirm by email that we are unable to meet your Order.
Please note that we will not file a copy of this Agreement.
We may update the version of this Agreement on the Site from
time to time, and we do not guarantee that the version you
have agreed to will remain accessible. We therefore
recommend that you download, print and retain a copy
of this Agreement for your records.
The only language in which we offer this Agreement is English.
Before you place your Order, you will have the opportunity
of identifying whether you have made any input errors by
using an approriate contact form.
You may correct those input errors before
placing your Order by having the option of revising your
order.
(6) The Products
The products were provide at this time are web site development,
web applications development, E-Commerce solutions, graphic design,
search engine optimization, contracting services, and consulting services.
(7) Restricted Access
Access to certain areas of our website is restricted.
We reserve the right to restrict access to other areas
of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to
enable you to access restricted areas of our
website or other content or services, you must
ensure that that user ID and password is kept confidential.
You accept responsibility for all activities that occur
under your user ID or password.
We may disable your user ID and password at our sole discretion
OR if you breach any of the policies or terms governing
your use of our website or any other contractual obligation you owe to us.
(8) Price and Payment
Payment must be made by the date(s) set out in the Second
Acknowledgement. We may withhold the Products and/or
terminate this Agreement if the price is not received from
you in full, on time, in cleared funds.
The prices on the Site include any value
added or sales taxes (where applicable).
Payment for all Products must be made by credit card
OR mailed check.
Prices for Products are liable to change at any time,
but changes will not affect Agreements which have come into force.
(10) Consumer rights
You may cancel this Agreement at any time within 7 working
days after the day you received the Second Acknowledgement
(subject to the limitations set out below).
You will not have any such right insofar as this Agreement
relates to: (i) the supply of any Products which constitute
audio or video recordings or computer software which have
been unsealed by you; (ii) the supply of Products the price
of which is dependent upon fluctuations in financial markets
which we cannot control; or (iii) the supply of newspapers, periodicals or magazines.
If you cancel this Agreement on this basis, you must inform
us in writing and return the Products to us immediately, in
the same condition in which you received them. Products
returned by you within the 7 working day period referred to
above will be refunded in full (including the cost of sending
the Products to you). However, you will be responsible for
paying the cost of returning the Product to us.
If you cancel this Agreement on this basis and you do not
return to the Products to us, we may recover the Products
and charge you for the costs we incur in doing so. Similarly,
if you return the Products at our expense, we may pass that expense on to you.
(11) Defective Products
You may also cancel this Agreement if the Products supplied are defective.
Products returned by you because of a defect will be
refunded in full (including the cost of sending the
Products to you, and the cost of returning the Products to us).
Alternatively, if we and you agree, we may supply you
with a replacement or substitute Product.
(13) Warranties
We warrant to you that any Product or Service you purchase through the
Site will be of satisfactory quality.
You warrant to us that: you have full authority, power and capacity
to enter into this Agreement and that all necessary actions have been
taken to enable you to lawfully enter into this Agreement;
you are legally capable of entering into binding contracts; you
are resident in the United States of America; you are at least 18 years
old; the information provided in the Order is accurate; and you
will be able to accept delivery of the Products as
contemplated in this Agreement.
Subject to the warranties set out in above, to the maximum
extent permitted by applicable law we disclaim all
warranties with respect to the Products, whether express or implied.
(14) Limitations of Liability
Nothing in this Agreement shall limit or exclude your or our
liability for: (i) death or personal injury caused by negligence;
(iii) for fraud or fraudulent misrepresentation; or (iv)
for any matter for which it would be
illegal for to limit or exclude, or attempt to limit or exclude, liability.
Subject to this: (i) our liability in connection with any Product
or service purchased through our site is strictly limited to the higher of
the purchase price of the relevant Product and the replacement
cost of the relevant Product; (ii) we accept no liability for
any loss of income or revenue, loss of business, loss of profits
or contracts, loss of anticipated savings, loss of data, waste
of management or office time or for any indirect or consequential
loss or damage of any kind however arising and whether caused by
tort (including negligence), breach of contract or otherwise,
even if foreseeable; and (iii) we will not be liable or responsible
for any failure to perform, or delay in performance of, any of
our obligations under this Agreement caused by
events outside our reasonable control.
The information on this website is provided free-of-charge, and you
acknowledge that it would be unreasonable to hold us liable in
respect of this website and the information on this website.
Whilst we endeavour to ensure that the information on this website
is correct, we do not warrant its completeness or accuracy; nor
do we not commit to ensuring that the website remains available
or that the material on this website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all
representations, warranties and conditions (including, without
limitation, the conditions implied by law of satisfactory quality,
fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted
under applicable law. We will not be liable for any direct,
indirect or consequential loss or damage arising under this disclaimer
or in connection with our website, whether arising in tort, contract,
or otherwise – including, without limitation, any loss of profit,
contracts, business, goodwill, data, income, revenue or anticipated savings.
(16)General terms
Images of Products on the Site are for illustrative
purposes; actual Products may differ from such images.
We will treat all your personal information that we
collect in connection with your Order in accordance
with the terms of Privacy Policy; use of our
website will be subject to our Website Terms and Conditions.
This Agreement may only be varied by an instrument in
writing signed by both you and us. We may revise these
terms from time-to-time, but such revisions will not
affect the terms of any Agreement which we have entered into with you.
If any provision of this Agreement is held invalid or
unenforceable by a court of competent jurisdiction,
the remaining provisions of this Agreement shall remain
in full force and effect, and such invalid or
unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this
Agreement, whether by conduct or otherwise, in any one
or more instances, will be deemed to be, or be construed
as, a further or continuing waiver of that term,
provision or condition or any other term, provision
or condition of this Agreement.
You may not assign, charge, sub-contract or otherwise
transfer this Agreement, or any of your rights or obligations
arising under this Agreement. Any attempt by you to
do so shall be null and void. We may assign, charge,
sub-contract or otherwise transfer this Agreement, or
any of our rights or obligations arising under this Agreement,
at any time – providing such action does not serve to
reduce the guarantees benefiting you under this Agreement.
This Agreement is made for the benefit of the parties to it
and is not intended to benefit, or be enforceable by, any
other person. The right of the parties to terminate,
rescind, or agree any amendment, variation, waiver or
settlement under this Agreement is not subject to the
consent of any person who is not a party to this Agreement.
This Agreement contains the complete agreement between
the parties with respect to the subject matter hereof,
and supersedes all prior or contemporaneous agreements
or understandings, whether oral or written.
This Agreement will be governed by and interpreted in
accordance with the laws of the United States, and the United
States courts shall have exclusive jurisdiction with respect
to any dispute arising under this Agreement.