Terms and Conditions
Welcome to www.artaddictdesign.com, the website of ARTADDICT, a web design studio that provides web design services for companies and natural persons. These terms and conditions govern your access and use of our website and services. Please read them carefully before using our website or services. By accessing or using our website or services, you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions, please do not use our website or services.
1. Definitions
In these terms and conditions, the following words have the following meanings:
– “We”, “us”, “our” refer to ARTADDICT, the owner and operator of the website and services.
– “You”, “your” refer to the user, visitor, or customer of the website or services.
– “Website” refers to www.artaddictdesign.com and all its pages, content, and features.
– “Services” refer to the web design services that we provide to you through the website or other means, such as email, phone, or in person.
– “Content” refers to any text, images, graphics, audio, video, or other material that is displayed, uploaded, downloaded, or transmitted through the website or services.
– “Order” refers to the request or purchase of our services by you through the website or other means.
– “Contract” refers to the agreement between you and us for the provision of our services, as confirmed by us in writing.
2. Website Use
You may use our website for lawful purposes only. You may not use our website:
– In any way that violates any applicable local, national, or international law or regulation.
– In any way that infringes or violates our or any third party’s intellectual property rights, privacy rights, or other rights.
– In any way that is fraudulent, deceptive, abusive, harassing, threatening, defamatory, obscene, hateful, or otherwise objectionable.
– In any way that interferes with or disrupts the operation, security, or functionality of our website or services, or any other website or service connected to our website or services.
– In any way that introduces or transmits any viruses, worms, trojans, or other malicious or harmful code or material to our website or services, or any other website or service connected to our website or services.
– In any way that attempts to gain unauthorized access to our website or services, or any other website or service connected to our website or services, or any data, accounts, or systems associated with them.
– In any way that modifies, copies, reproduces, distributes, or otherwise exploits our website or services, or any part of them, without our prior written consent.
We reserve the right to monitor, review, edit, or remove any content or activity on our website or services, at our sole discretion. We also reserve the right to suspend, terminate, or restrict your access or use of our website or services, at any time and without notice, if we believe that you have violated these terms and conditions or any applicable law or regulation.
3. Services
We provide web design services for companies and natural persons, as described on our website or as agreed with you in writing. We may also provide additional services, such as hosting, maintenance, or support, as agreed with you in writing.
To order our services, you must follow the instructions on our website or contact us directly. You must provide us with accurate and complete information about yourself and your requirements. You must also pay the fees and charges applicable to your order, as specified on our website or as agreed with you in writing.
We will confirm your order by sending you an email or other written communication. A contract between you and us will be formed when we send you such confirmation. The contract will be subject to these terms and conditions and any other terms and conditions that we may specify in the confirmation.
We will use reasonable efforts to provide our services to you in accordance with the contract and within the agreed time frame. However, we do not guarantee that our services will meet your expectations, requirements, or specifications, or that they will be error-free, uninterrupted, or secure. We are not liable for any delays, failures, or defects in our services that are caused by factors beyond our reasonable control, such as technical issues, force majeure, or your failure to cooperate or provide us with necessary information or materials.
We may subcontract or outsource any part of our services to third parties, without your prior consent. We will remain responsible for the quality and delivery of our services, and we will ensure that such third parties comply with these terms and conditions and any applicable laws and regulations.
You are responsible for obtaining and maintaining any equipment, software, or services that are necessary or advisable for you to access and use our website and services, such as internet connection, web browser, or domain name. You are also responsible for complying with any laws and regulations that apply to your use of our website and services, such as data protection, intellectual property, or consumer protection laws.
4. Content
We own or have the right to use all the content that we create, display, or provide through our website or services, such as our logo, name, design, text, images, graphics, audio, video, or other material. Such content is protected by intellectual property laws and other laws, and you may not use, copy, reproduce, distribute, or otherwise exploit such content without our prior written consent.
You own or have the right to use all the content that you provide to us or upload to our website or services, such as your logo, name, design, text, images, graphics, audio, video, or other material. Such content is protected by intellectual property laws and other laws, and we may not use, copy, reproduce, distribute, or otherwise exploit such content without your prior written consent.
By providing or uploading any content to us or to our website or services, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sub-licensable license to use, copy, reproduce, distribute, and otherwise exploit such content for the purpose of providing our services to you or as otherwise permitted by these terms and conditions or by law. You also represent and warrant that you have the right to provide or upload such content and that such content does not infringe or violate any third party’s intellectual property rights, privacy rights, or other rights, or any applicable laws or regulations.
We reserve the right to monitor, review, edit, or remove any content or activity on our website or services, at our sole discretion. We also reserve the right to suspend, terminate, or restrict your access or use of our website or services, at any time and without notice, if we believe that you have violated these terms and conditions or any applicable law or regulation.
5. Fees and Payments
You agree to pay the fees and charges applicable to your order of our services, as specified on our website or as agreed with you in writing. The fees and charges may include the following components:
– A deposit or retainer, which is a percentage of the total fee that is payable in advance to secure our services.
– A milestone payment, which is a percentage of the total fee that is payable upon the completion of a certain stage or deliverable of our services.
– A final payment, which is the remaining balance of the total fee that is payable upon the completion and delivery of our services.
We may also charge you additional fees and expenses, such as travel, lodging, or other costs incidental to our services, as agreed with you in writing.
We will issue you an invoice for each payment that is due, and you must pay the invoice within the time period specified on the invoice or as agreed with us in writing. You must pay the invoice by the method and currency specified on the invoice or as agreed with us in writing.
If you fail to pay any invoice by the due date, we may charge you interest on the overdue amount at the rate of 1.5% per month or the highest rate allowed by law, whichever is lower. We may also suspend or terminate our services, or take legal action to recover the unpaid amount, until you pay the invoice in full.
You are responsible for paying any taxes, duties, or fees that apply to your order of our services, such as value-added tax, sales tax, or withholding tax. We may add such taxes, duties, or fees to the invoice, or you may pay them directly to the relevant authorities, as required by law.
6. Cancellation and Refund
You may cancel your order of our services at any time by notifying us in writing. However, you may not be entitled to a full or partial refund of the fees and charges that you have paid or that are due, depending on the stage and status of our services.
If you cancel your order before we start providing our services, we will refund you the deposit or retainer that you have paid, minus any costs or expenses that we have incurred in relation to your order.
If you cancel your order after we start providing our services, we will not refund you the deposit or retainer that you have paid, and you must pay us the milestone payment or the final payment that is due, depending on the stage and status of our services.
If we cancel your order due to your breach of these terms and conditions or any applicable law or regulation, we will not refund you any fees or charges that you have paid or that are due, and you must pay us any outstanding amount that is due, plus any interest, costs, or expenses that we have incurred in relation to your order.
If we cancel your order due to reasons beyond our reasonable control, such as force majeure, technical issues, or legal obligations, we will refund you any fees or charges that you have paid or that are due, minus any costs or expenses that we have incurred in relation to your order.
We will notify you of any cancellation and refund by email or other written communication.
7. Changes and Revisions
We may make changes or revisions to our services, as necessary or advisable, to improve the quality, functionality, or security of our services, or to comply with any applicable laws or regulations. We will notify you of any changes or revisions that may affect your order of our services, and we will seek your approval before implementing them. If you do not approve the changes or revisions, you may cancel your order in accordance with the cancellation and refund policy above.
We may also make changes or revisions to our website or content, at our sole discretion and without notice, to update, modify, or enhance our website or content, or to correct any errors, omissions, or inaccuracies.
8. Intellectual Property Rights
We retain all intellectual property rights in our website, content, and services, and we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website, content, and services, in accordance with these terms and conditions and any other terms and conditions that we may specify in the contract.
You retain all intellectual property rights in your content, and you grant us a limited, non-exclusive, non-transferable, and revocable license to access and use your content, for the purpose of providing our services to you or as otherwise permitted by these terms and conditions or by law.
You may not use, copy, reproduce, distribute, or otherwise exploit our or any third party’s intellectual property rights, without our or their prior written consent. You may not remove, alter, or obscure any trademarks, logos, or other proprietary notices that appear on our website, content, or services, or on any third party’s website, content, or services.
You may not claim or imply any affiliation, endorsement, or sponsorship by us or any third party, without our or their prior written consent. You may not use our or any third party’s name, logo, or trademark in any way that may cause confusion, deception, or damage to our or their reputation or goodwill.
You may not register or use any domain name, social media account, or other online identifier that is identical or similar to our or any third party’s name, logo, or trademark, without our or their prior written consent.
9. Disclaimer of Warranties
Our website, content, and services are provided “as is” and “as available”, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.
We do not warrant that our website, content, or services will meet your expectations, requirements, or specifications, or that they will be error-free, uninterrupted, or secure. We do not warrant that our website, content, or services will be compatible with your equipment, software, or services, or that they will be free from viruses, worms, trojans, or other malicious or harmful code or material.
We do not warrant that our website, content, or services will achieve any results or outcomes, or that they will be suitable for any purpose or use. We do not warrant that our website, content, or services will comply with any laws or regulations that apply to you or your location.
You are solely responsible for your use of our website, content, and services, and for any consequences or damages that may arise from your use of our website, content, and services. You are also solely responsible for obtaining and maintaining any equipment, software, or services that are necessary or advisable for you to access and use our website, content, and services, and for complying with any laws and regulations that apply to you or your location.
10. Limitation of Liability
To the fullest extent permitted by law, we are not liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, or any loss of profit, revenue, data, or goodwill, or any other losses or expenses, arising from or relating to your use of or inability to use our website, content, or services, or any errors, omissions, or inaccuracies in our website, content, or services, or any breach of these terms and conditions or any applicable law or regulation, whether based on contract, tort, negligence, strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages.
Our total liability to you for any claim or cause of action arising from or relating to your use of or inability to use our website, content, or services, or any breach of these terms and conditions or any applicable law or regulation, is limited to the amount that you have paid us for our services in the 12 months preceding the claim or cause of action, or $100, whichever is greater.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above exclusions or limitations may not apply to you. In such cases, our warranties and liabilities are limited to the extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold us harmless from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorney’s fees, arising from or relating to your use of or inability to use our website, content, or services, or your violation of these terms and conditions or any applicable law or regulation, or your infringement or violation of any third party’s intellectual property rights, privacy rights, or other rights, or any content that you provide or upload to our website or services.
12. Dispute Resolution
If you have any dispute, claim, or controversy with us arising from or relating to your use of or inability to use our website, content, or services, or these terms and conditions or any applicable law or regulation, you agree to notify us in writing and attempt to resolve the dispute, claim, or controversy amicably and in good faith, within 30 days of the notification.
If the dispute, claim, or controversy is not resolved within 30 days of the notification, you agree to submit the dispute, claim, or controversy to binding arbitration, administered by a reputable arbitration institution that we mutually agree upon, in accordance with its rules and procedures. The arbitration will be conducted by a single arbitrator, appointed by the arbitration institution, in the English language, and in a location that we mutually agree upon. The arbitrator’s decision will be final and binding, and may be enforced in any court of competent jurisdiction.
You agree to waive any right to a trial by jury or to participate in a class action or representative action, and to bring any dispute, claim, or controversy only in your individual capacity. You also agree to waive any right to seek or obtain any injunctive or other equitable relief, and to limit your remedies to those provided by the arbitration.
Some jurisdictions do not allow the exclusion or limitation of certain rights or remedies, so some of the above exclusions or limitations may not apply to you. In such cases, your rights and remedies are limited to the extent permitted by law.
13. Governing Law and Jurisdiction
These terms and conditions and any dispute, claim, or controversy arising from or relating to your use of or inability to use our website, content, or services, or these terms and conditions or any applicable law or regulation, are governed by and construed in accordance with the laws of Moldova Republic, without regard to its conflict of laws principles.
You agree to submit to the exclusive jurisdiction of the courts of Moldova Republic, for any legal action or proceeding arising from or relating to your use of or inability to use our website, content, or services, or these terms and conditions or any applicable law or regulation, unless otherwise required by law.
14. Miscellaneous
These terms and conditions constitute the entire agreement between you and us regarding your use of or inability to use our website, content, or services, and supersede any prior or contemporaneous agreements, communications, or understandings, whether written or oral, between you and us on the same subject matter.
If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and the invalid, illegal, or unenforceable provision will be deemed modified to the extent necessary to make it valid, legal, and enforceable.
Our failure or delay to exercise or enforce any right or remedy under these terms and conditions does not constitute a waiver of such right or remedy, and our exercise or enforcement of any right or remedy under these terms and conditions does not preclude us from exercising or enforcing any other right or remedy under these terms and conditions or any applicable law or regulation.
You may not assign or transfer any of your rights or obligations under these terms and conditions, without our prior written consent. We may assign or transfer any of our rights or obligations under these terms and conditions, without your consent, to any successor or affiliate of ours.
These terms and conditions are binding upon and inure to the benefit of you and us, and our respective successors and assigns.
We appreciate your interest in our web design services and we hope to work with you soon. If you have any questions, comments, or feedback about our website, content, or services, or these terms and conditions, please contact us at:
ARTADDICT Moldova Republic, Chisinau, MD2019 Email: scumpavoastra1@gmail.com