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Terms of Service
Terms of Service (“TOS” or “agreement”)
constitute the agreement between Hansen Technology Group (“we”,
“our” or “us”) and the customer (“you”)
of any products or services we provide to you, the customer. We agree
to deliver services as described in the most current sales and technical proposal.
Receipt of payment for any services places Hansen Technology Group and you,
the customer, under the terms of this agreement. All other requests made by the
customer to Hansen Technology Group and acceptance of the conditions thereof
must be made in writing and are not covered under this TOS agreement.
Development Services
We will begin development (“work”)
when all required information and verbal approval of the terms and conditions
found in the sales and technical proposal are received from you. The required
information includes but is not limited to design specifications, marketing
information, logos, brochures, trademarks, content materials,
documentation, domain names, web site access, etc. If during the
course of development the customer wishes to terminate all
or any part of the order for work, payment for time spent as a whole or
portion of the charges specified in the sales and technical proposal,
as determined by us, in our sole and absolute discretion,
will be due immediately.
Hosting Related Services
All hosted application and portal services
will be active for the duration of the contracted period. Termination
of these services before the end of the contracted period will not
result in a refund of any kind. Customer renewal is required for a
continuation of these services into either the same or a different
contracted period. We may discontinue service any time after the date
the contracted period ends and this TOS will expire.
Copyright and Trademarks
All software, images and electronically
published material created by Hansen Technology Group is protected by
copyright law and may not be copied, modified, or distributed in any
way for all products and services covered by this TOS except where
specific terms provided in writing by another agreement between you
and Hansen Technology Group state otherwise.
In regards to all information required for web design services, you
agree to provide Hansen Technology Group with materials that do not
infringe on any copyrights or violate any trademarks.
Payments and Collection
Payment will be due according to the terms and conditions of the sales and
technical proposal.
If your service is terminated, you will remain fully liable to us for
all charges pursuant to this agreement and any and all costs we incur
to collect such amounts, including, without limitation, collection
costs and attorney's fees.
Limitation of Liability
We will not be liable for any delay or failure to
provide the service at any time or from time to time, or any
interruption that is caused by the following:
an act or omission of an underlying carrier, service provider, vendor
or other third party; equipment, network or facility failure; system upgrade or modification; force majeure events such as (but not limited to) acts of God, acts of
nature, strikes, fire, war, riot, acts of terrorism and governmental
actions.
Indemnification
You agree to indemnify Hansen Technology Group and its officers,
employees, contractors or agents and hold them harmless from any
demand or claim made by any third party in connection with content
posted on your behalf to the Internet.
No Warranties on Service
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR
A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY
ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE
OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE
WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR OR LOSS OF
CONTENT, DATA OR INFORMATION. NEITHER HANSEN TECHNOLOGY GROUP NOR ITS
OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE
PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN
CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS
TO, ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES,
PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT
MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH
DAMAGE OCCURS AS A RESULT OF HANSEN TECHNOLOGY GROUP'S OR ITS SERVICE
PROVIDERS' OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS
CONCERNING THE SERVICE, IF ANY, BY HANSEN TECHNOLOGY GROUP OR ITS
AGENTS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
Governing Law
The agreement and the
relationship between you and us is governed by the laws of the State
of Utah, and you shall submit to the personal and exclusive
jurisdiction of the courts located within the state of Utah and waive
any objection as to venue.
No Waiver of Rights
Our failure to exercise or enforce any right or provision of this agreement will
not constitute a waiver of such right or provision.
Entire Agreement
This agreement, including any future modifications as may occur within the terms of
the agreement, and the rates for services found on our web site
constitute the entire agreement between you and Hansen Technology
Group.
Severability
If any part of this agreement is legally declared invalid or
unenforceable, all other parts of this agreement will remain valid
and enforceable. Such invalidity or non-enforceability will not
invalidate or render unenforceable any other portion of this
agreement.
Future Changes to this Agreement
We may change the terms and conditions of this agreement from time to
time. No other notices will be given and changes will become
effective on the date posted on the web site.
Last updated on September 15, 2009
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