Terms of Use
Last Updated on 20th December 2019
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These Terms of Use and the Privacy Policy constitute a legally binding agreement
(“Agreement”) between (“you”, “your” or “Client”) and Alziator Commercial Limited
(“Alziator”, “we”, “us”) regarding our website, services and offerings. Unless otherwise
indicated, this website and its contents, including all trademarks, service marks and logos,
are the property of Alziator or used by permission.
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PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE REPRESENT A BINDING CONTRACT.
BY USING THIS WEBSITE, YOU AGREE TO ALL TERMS AND CONDITIONS OF THESE TERMS OF USE.
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THIS AGREEMENT AND ANY POLICY OR GUIDELINE OF THE SERVICE MAY BE MODIFIED BY US IN OUR SOLE
DISCRETION AND APPLICABLE LAW AT ANY TIME. ALL AMENDMENTS SHALL BE IN FORCE FOLLOWING THE
DATE OF PUBLICATION ON THE SITE WWW. ALZIATOR.COM. IT IS YOUR RESPONSIBILITY TO CHECK OUR
SITE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO OUR SITE FOLLOWING THE
POSTING OF ANY CHANGES TO THESE TERMS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
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If you do not agree to be bound by any of these Terms of Use, do not use this website. By
accessing this website, you agree to the following terms and conditions, which govern this
website:
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1. Scope. Alziator is involved in the development of websites and other
web-based products as well as provides advertising services and other supplementary services
for the Client, as may be further agreed between Parties, for the Clients use of such
services as it seems fit on its domains, networks, cloud infrastructure, etc.
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2. Title. Title in the service deliverables which are assigned shall pass
to the Client on payment of the Alziators fees.
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3. Time Allocations. While Alziator will do its best to submit all
deliveries within the estimated time, there may be the need to extend or adjust time in
cases of any unavoidable and non-forecasted situations like deployment issues, dependencies,
3rd-Party support, development bottle-necks, resource unavailability due to emergency,
communication delays, etc.
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4. Payment. Alziator accepts payments by cheque, Cash or Bank Transfers
(although we reserve the right to decline payment in any of these forms without notice).
Without limitation, Alziator reserves the right to withdraw any payment methods at any time
and to vary its prices without prior notice. A cancellation fee may be charged if the Client
cancels the service prior to completion. The fee will be equal to the amount of work
completed at the point of cancellation. A non-payment of cancellation fee and/or over-due
amount will result in legal action upon necessity.
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5. Refunds. We handle every project in a professional manner to ensure that
the Client is delivered what was mentioned as per the terms and conditions of the proposal.
However, if the Client has gone through the dispute resolution process as described in para.
12, refund claims will be considered as per the following schedule which clearly lists the
services and our Terms of Use related to each service.
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We will offer a full refund if, for some reason, the project has not been initiated. An
agreement is drafted for every application programming project. In case no agreement has
been devised and/or there is no mention of a Terms of Use, we will apply the following
delivery policy:
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Alziator will issue a partial refund upon the discretion of the service provider if the
project does not get finalized as mentioned in the delivery policy and agreement. The
proportion of the project completed will be calculated by Alziator and the proportion that
is not complete will be treated as per the pre-defined scope of the project.
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Alziator offers a full refund if there is a delay in starting the project by either the
programmer /designer / content writer / SEO expert (or any other resource / staff).
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We will offer a proportionate refund if the Client cancels the project at any point in time.
We offer no refund for days worked. If the client is no t satisfied with the work at any
point in time, they must immediately notify us and ask for discounts for any work not
carried out. We will not accept any such negotiation at a later date.
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Alziator will process the refunds and mail the same within 5 (five) business days of the
cancellation date. The same method of payment will be required as the original (refund by
check or refund to credit card).
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6. Content of the Site. This website and the material on this website may
not be modified, copied, distributed, republished, downloaded, uploaded or commercially
exploited in any manner without the prior written consent of Alziator, except that you are
permitted to print or download on a single computer a copy of any of the materials on this
website for personal non-commercial use, provided no copyright, trademark or other
proprietary notices are removed. No intellectual property or other rights in or to this
website or its contents are transferred to you.
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The photographs, artwork and information contained in this site are copyrighted and may not
be distributed, modified, reused, reposted, or otherwise used outside the scope of normal
web browsing without the express written permission of Alziator.
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You may use information on our products and services (such as data sheets, knowledge base
articles, and similar materials) purposely made available by Alziator for downloading from
the Site, provided that you (1) not remove any proprietary notice language in all copies of
such documents, (2) use such information only for your personal, non-commercial
informational purpose and do not copy or post such information on any networked computer or
broadcast it in any media, (3) make no modifications to any such information, and (4) not
make any additional representations or warranties relating to such documents.
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7. Features. Certain features of the website may be subject to a separate
written agreement with Alziator or a third-party. You agree that that your use of such
features will be in accordance with such written agreement to the extent it differs from
these Terms of Use.
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8. Personal Information. You may be required to provide personally
identifiable information to use and/or access certain portions of the website. You agree that
any information that you provide to Alziator will be accurate and that you will make
reasonable efforts to keep that information up to date. Please review Alziator’s Privacy
Policy.
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9. Third-party links. The website may contain links to third-party
websites. These third-party websites may be affiliated with Alziator or unaffiliated.
Alziator is not responsible for, and you agree that Alziator will have no liability to you
for, the availability, content or performance of any portion of the Internet including other
websites to which the Alziator website may be linked or from which a Alziator’s website may
be accessed. Alziator does not regularly review materials on websites linked to this website
and does not necessarily endorse the materials appearing on any linked websites.
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10. Indemnifications You agree to indemnify and hold harmless Alziator, its
affiliates, subsidiaries, licensors and assigns, and their respective officers, members,
directors, agents and employees from and against any claims, suits, losses, damages, fines
and expenses (including attorneys’ fees and costs) arising out of or in any way related to
your use of the website or any materials downloaded, obtained, used or otherwise accessed or
acquired through the website:
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(i) in breach of these Terms of Use or in violation of any law or regulation; (ii) that
attempt, commit or result in any actual or alleged infringement, misappropriation or
violation of any third party’s rights; and/or (iii) in breach of any agreement between you
and any third party.
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Alziator reserves the right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, and you shall not in any event
settle any such matter without the prior written consent of Alziator. This indemnification
section will survive any termination or expiration of these Terms of Use.
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11. Limitation of Liability. To the fullest extent permitted by applicable
laws, in no event shall Alziator be liable for any damages of any kind or character,
including without limitation any compensatory, incidental, direct, indirect, special,
punitive, or consequential damages, loss of use, loss of data, loss caused by virus,
COMMUNICATIONS FAILURES, TAMPERING, HACKING, loss of income or profit, loss of or damage to
property, claims of third parties, or other losses of any kind or character ARISING FROM OR
IN ANY WAY RELATED TO THE USE OF THIS WEBSITE OR ANY MATERIAL OR SITES LINKED TO BY THIS
WEBSITE, EVEN IF ALZIATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER
CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR
DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO ANY WEBSITE OR ANY RELATED INFORMATION OR
PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, IN NO EVENT AND UNDER
NO CIRCUMSTANCES WILL THE RELEASED PARTIES, OR ANY OF THEM, BE LIABLE TO YOU FOR ANY REASON
OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN TEN UNITED STATES DOLLARS
($10.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR HAVE LEGISLATION WHICH RESTRICTS THE LIMITATION OR
EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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12. Dispute Resolution. This Agreement shall be governed by, construed and
enforced in accordance with the laws of the Republic of Cyprus without regard to any
conflict of laws principles or rules; all matters concerned with the performance thereof
shall be construed, interpreted, applied and governed in all respects in accordance with the
laws of the Republic of Cyprus notwithstanding the actual state or country of residence or
incorporation of the Client. The courts of the Republic of Cyprus shall have exclusive
jurisdiction over any disputes arising out of or in connection with this Agreement and the
performance thereof. Without prejudice to the generality of the foregoing, the Parties have
agreed that any disputes over this Agreement hereto may also be resolved under the mediation
procedure at Alziator’s option.
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13. Changes. Alziator reserves the right in its sole discretion to modify,
alter or otherwise change these Terms of Use and you agree to be bound by such
modifications, alterations or changes. Alziator will post any changes here, and any changes
will become effective immediately upon being posted unless otherwise indicated in the posted
Terms of Use. Your continued use of the website after the posting of any change in the Terms
of Use shall constitute your acceptance to be bound by any such changes. You also agree that
the form and nature of Alziator’s website may change from time to time without prior notice
to you including, without limitation, certain features or functionality no longer being
available.
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14. Termination. If at any time you breach the Terms of Use, we may elect to
suspend,terminate and/or cancel this Agreement and/or recover any damages from you arising
from the event(s) giving rise to the suspension, termination or cancellation. We reserve the
right to suspend your service at any stage for any reason we may deem necessary to continue
to provide any of our services in a way that may be hindered by your status as being our
Client or your financial status. Upon any such termination, cancellation and/or suspension,
you are still responsible for any obligations then accrued. Payment and other obligations
under thisAgreement are not suspended, stayed, or otherwise affected by a suspension of
access to / or use of the service (in whole or in part) where said suspension arises from
your failure to comply with, or violation of, the terms of this Agreement or of any law or
legal obligation. Upon termination and/or cancellation, for any reason, you agree to
immediately cease using the service and we shall have no obligation to you after any
termination or cancellation of thisAgreement.
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15. Contact. If you have any questions or concerns regarding these Terms of
Use, please contact us at fin@ornelio.com.
Alziator Commercial Limited, Spyrou Kyprianou, 79,
Protopapas build., 3075, Limassol, Cyprus, or by phone to +3 572-205-27-54