Terms and Conditions
General Terms and Conditions
Welcome to IDARA MEDIA!
These terms and conditions outline the rules and regulations for the use of IDARA MEDIA LIMITED’s Website, located at www.idaramedia.com.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use IDARA MEDIA if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Nigeria. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, IDARA MEDIA LIMITED and/or its licensors own the intellectual property rights for all material on IDARA MEDIA. All intellectual property rights are reserved. You may access this from IDARA MEDIA for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from IDARA MEDIA
- Sell, rent or sub-license material from IDARA MEDIA
- Reproduce, duplicate or copy material from IDARA MEDIA
This Agreement shall begin on the date hereof. Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. IDARA MEDIA LIMITED does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of IDARA MEDIA LIMITED, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, IDARA MEDIA LIMITED shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
IDARA MEDIA LIMITED reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant IDARA MEDIA LIMITED a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of IDARA MEDIA LIMITED; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to IDARA MEDIA LIMITED. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of IDARA MEDIA LIMITED’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
- Eligibility: IDARA Contests is open only to those who sign up at the idaramedia.com as members and who are at least 18 years old as of the date of entry. The Contests is open to legal residents of the world, and is void where prohibited by law. Employees of IDARA MEDIA LIMITED, its associates, subsidiaries and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the contests. The contests is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
- Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of IDARA MEDIA LIMITED as final and binding as it relates to the content of this contest.
- How to Enter: The contests must be entered by registering and submitting an entry using the online form provided at idaramedia.com. The entry must fulfill all contest requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of IDARA MEDIA LIMITED. Optional verbiage to include: You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of IDARA MEDIA LIMITED.
- Prizes: The Winner(s) of a contest (the “Winner”) will receive the advertised price/award/gift. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by IDARA MEDIA LIMITED. No prize substitution shall be permitted except at IDARA MEDIA LIMITED’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for IDARA MEDIA LIMITED to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
- Odds: The odds of winning depend on the number of eligible entries received.
- Winner Selection and Notification: Winner will be selected by highest vote under the supervision of IDARA MEDIA LIMITED. Winner will be notified by email and phone within five (5) days following selection of Winner. IDARA MEDIA LIMITED shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 30days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this contests is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT IDARA MEDIA LIMITED‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by You: By entering/submitting this content (e.g., photo, video, text, etc.), You understand and agree that IDARA MEDIA LIMITED, anyone acting on behalf of IDARA MEDIA LIMITED, and IDARA MEDIA LIMITED’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering/submitting this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of IDARA MEDIA LIMITED. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless IDARA MEDIA from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which IDARA MEDIA LIMITED may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
- Terms & Conditions: IDARA MEDIA LIMITED reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the contests should virus, bug, non-authorized human intervention, fraud, or other cause beyond IDARA MEDIA LIMITED’s control corrupt or affect the administration, security, fairness, or proper conduct of the contest. In such case, IDARA MEDIA LIMITED may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by IDARA MEDIA. IDARA MEDIA LIMITED reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the contest or website or violates these Terms & Conditions. IDARA MEDIA LIMITED has the right, in its sole discretion, to maintain the integrity of the contest, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by contest rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the contest may be a violation of criminal and civil laws. Should such attempt be made, IDARA MEDIA LIMITED reserves the right to seek damages to the fullest extent permitted by law.
- Limitation of Liability: By entering, You agree to release and hold harmless IDARA MEDIA LIMITED and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in a contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
- Disputes: THIS contests IS GOVERNED BY THE LAWS OF NIGERIA AND Abuja, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Abuja having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this contest). Participant further waives all rights to have damages multiplied or increased.
- Sponsor: Unless where expressly stated, the Sponsor of the contest is IDARA MEDIA LIMITED.
- By participating in the contest, You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules & Regulations.
WEBSITE DESIGN/HOSTING TERMS
IDARA MEDIA LIMITED is a website design and development company with third party hosting capabilities. IDARA MEDIA LIMITED create designs for the look-and-feel, layout and functionality of clients’ websites. IDARA MEDIA LIMITED specializes on Website Design, Development, Hosting, Information Technology Consultancy, Social Media Consultancy/Management and E-Commerce.
COPY WRITING: COPY AND CONTENT
The task of creating copy/content is one that resides with the client or her representative that knows the business best. Much can be taken from current documents you may have already developed, whether its a business plan, yearly report, or a current website. As a website design and development company, we are highly capable of producing fresh creative, search engine optimized copy/content for your startup website, or rebranding campaigns.
We’ll be happy to help provide you with fresh, search optimized copy/content for your business/website as an additional service, but we’re currently not responsible for writing or inputting any text copy within the scope of this agreement unless you have given us the permission to do so by ticking the appropriate box below or in writing and have paid to us the required sum to that effect. Any means to establish new creative copy/content on our part is considered an additional service and is billable at the following rates:
CHANGES & REVISIONS
The estimate/quotation prices within this document are based on the amount of time that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. You will be billed according to your request. We ask that you submit any change requests in writing.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selves, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned to you as follows: You will own the graphics and other visual elements that we create for this project. You also own text content, photographs and other data you provided, unless someone else owns them. In the event that we create custom photography for you, rights will be included in that project separately. All Third-Party Materials are the exclusive property of their respective owners. If any third party materials that you may be required to license are needed, we will inform you first and then obtain any license necessary to carry on. In the event you fail to properly secure any necessary license we will not be held liable of any damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of your failure to obtain copyright, trademark, publicity, privacy, defamation or other releases or permissions with respect to materials included in the final design.
We love to show off our work and share what we have creaated with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.
Your secrets are safe with Us. This includes your proprietary information (things like trade secrets, know-how, or any other confidential information that is not publicly available). We have no right whatsoever to sell or expose your proprietary information to a third-party.
We would really hate to see You go. If You decide We aren’t worth your troubles, You can end this Agreement by giving Us a ten (10) day written notice and paying Us for the Services that We have completed.
If either Party fails to follow through with their responsibilities or obligations under this Agreement, the other Party can end this Agreement by giving a ten (10) day written notice. This Agreement will automatically terminate when both Parties have performed all of their obligations under the Agreement and all payments have been made.
This Agreement puts the Parties entire understanding of the Services to be performed and anything else the Parties have agreed to in black and white (literally). This Agreement supersedes any other written or verbal communications between the Parties. Any subsequent changes to this Agreement must be made in writing and signed by both Parties.
We cannot guarantee that the functions contained in any web page templates or in the completed web site will always be error-free, especially if your website is not managed or maintained by us after delivery (if a member of your organization, or if you use a third party to make modifications), so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
- “Webmaster” refers to IDARA MEDIA LIMITED, her agents and authorized representatives which are also referred to using “we”, “us”, ”our” and “ours”.
- “Client” refers to you, your agents and authorized representatives which are also referred to using “they”, “them”, “their” and “theirs”.
- “Content” refers to all text, pictures, sound, graphics, video, links, and other data stored by the Client at the host computers.
- “Website” refers to the pages presenting the Content stored by the Client at the host computers.
The Client is engaging the Webmaster as an independent WEBMASTER for the specific project of maintaining a World Wide website installed on the Client’s web space on a web hosting service’s computer. The Client hereby authorizes the Webmaster to access this account, and authorizes the web hosting service to provide the Webmaster with “write permission” for the Client’s webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project.
What IS included in this agreement?
- Edit, revise, update or create new textual/minor graphical content.
- Consultation, and guidance on the use of the web site.
- Onpage SEO.
- Monitoring and updating to ensure impeccable performance across all major browsers due to the fact that not all browsers render sites in the same way.
- Protection against hackers from gaining access to your site. We can also protect your emails from spam attacks, which can be troublesome and frequent if not dealt with efficiently.
- Regular and thorough backups of your site so that it may be fully restored in case of loss.
- We’re here should you need us for consultation and advice.
- Monitoring your website functionality to ensure that everything is working as it should and upgrade where necessary.
- Downtime is highly inconvenient for any website owner and when it happens it is important to have someone on hand to help. We can assist you by liaising with the hosting company to sort out the situation as quickly as possible.
- *When your site is oﬄine you need immediate technical support, We ensure that option is available and deal with any issues ourselves so you don’t have to.
What is NOT included in this agreement:
- Website maintenance exclude, but are not limited to, image editing, graphic design, graphic editing, database design, database changes, programming, and search engine optimization.
- Web site redesign, re-alignment or re-development equaling more than 20% change to web page, web site, web graphics on the website.
- CMS design, integration of plugins that require intensive configuration, or programming of things that require extensive time to set up, including but not limited to blogs, shopping carts, API integrations with third party services, and web forums are not considered “minor” changes and therefore are not included in the Maintenance Agreement. These require a separate design or development agreement.
- Maintenance Agreement does not include training on how to use your website, WordPress, or email, but we can provide training at additional cost.
- Maintenance Agreement does not include training on search engine optimization (SEO) or other online digital marketing.
For the purposes of providing these services, Client agrees:
- To answer any questions from the Webmaster, in regard to task work on website, promptly.
- To grant the Webmaster access to its website for the purpose of providing Maintenance Services.
- To properly convey to the Webmaster the information about content updates.
- To grant the Webmaster access to their web hosting account, providing active user name / password combinations for access to the server via (S)FTP, assuring that correct permissions are in place on hosting provider.
Client understands, acknowledges and agrees that:
- All maintenance tasks will be scheduled according to the Webmaster’s workflow. We have a process and maintain sites for many Clients; therefore, all website updates are done on a first come first serve basis, except in the case of a total website down issue, which would be considered an “emergency.”
- Failure by Client to answer a question critical to the completion of a task within 5 business days may cause that task to be and moved to the “end of the line” in our work queue.
- All monthly updates are scheduled at our convenience and in accordance with our schedule. We have a process and a workflow that we use to maintain all of our clients’ websites in a fair and orderly fashion. The only exception being in the case of Client’s website being totally offline or down for some reason, in which case their issue would be considered an ‘emergency’ and would take priority.
- All communications will be done during regular business hours, which are Monday through Friday from 9:00 AM to 5:30 PM (GMT).
- During the duration of this contract, the Client agrees that the webmaster will be the sole provider of maintenance services for the web site, and no other party will have access to or rights to change the website. If a party other than the webmaster makes changes to the web site, any errors that are created must be repaired and will be charged for at the hourly rate
Deadlines & Deliverables:
- The Webmaster will respond to all maintenance requests from Client within  hours on weekdays and weekends, via email or phone, with a confirmation that the request was received, and an estimated completion date for each action item in the request. Maintenance requests received after 18:00 GMT may not be completed until the next business day unless prior arrangements have been made. Most work will be done within this time frame, this is mostly precautionary.
- The Webmaster will adhere to all quoted deadlines for the deliverables in the maintenance requests at all possible costs. In the event that the Webmaster has any issues in delivering on a quoted deadline, Client will be notified via email or telephone.
CANCELLATION AND REFUND
- Cancellation of the project at the request of the Client must be made by a certified letter. In the event that work is postponed or canceled at the request of the Client by registered letter, the Webmaster shall have the right to retain the original deposit. In the event this amount is not sufficient to cover the Webmaster for time and expense already invested in the project, additional payment will be due or quoted. If additional payment is due or quoted, this will be billed to the Client within 10 days of notification via registered letter to stop work.
- If final payment is not made within fourteen (14) days of invoice, simple interest will accrue on the balance owed at a rate of 10% from the date the payment was due. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency.
- Copyright to the finished assembled work of web pages produced by the Webmaster shall be vested with the Client upon final payment for the project. This ownership is to include design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client for completion of this project.
- Client agrees that the Webmaster may put a byline on the bottom of all web pages maintained by the Webmaster to establish maintenance credit. Client also agrees that the web site maintained for the Client may be included in the Webmaster’s portfolio.
ASSIGNMENT OF PROJECT
- The Webmaster reserves the right to assign certain subWEBMASTERs to this project to insure the right fit for the job, as well as on-time completion. The Webmaster warrants all work completed by independent subWEBMASTERs who are secured by the Webmaster for this project. When subcontracting is required, the Webmaster will only use industry-recognized independent professionals.
COPYRIGHTS AND TRADEMARKS
- The Client represents to the Webmaster and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Webmaster for inclusion in the Client’s web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Webmaster and its subWEBMASTERs from any claim or suit arising from the use of such elements furnished by the Client.
- Client shall indemnify and hold harmless the Webmaster (and her subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by the Webmaster as a result of any claim, judgment, or adjudication against the Webmaster related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Client to the Webmaster (the “Client Content”), or (b) a claim that the Webmaster’s use of the Client Content infringes the intellectual property rights of a third party.
DISCLAIMER OF ALL OTHER WARRANTIES
- The Webmaster DOES NOT WARRANT THAT THE MAINTENANCE SERVICES WILL MEET THE Client’s EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH Client. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, the Webmaster PROVIDES HER SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY’S COMPUTING AND DISTRIBUTION SYSTEM. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.
- IN NO EVENT SHALL THE WEBMASTER BE LIABLE TO Client FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THERE SHALL BE NO REFUNDS. THE WEBMASTER MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD-PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.
- From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend the Webmaster and its subWEBMASTERs from any claim, suit, penalty, tax, or tariff arising from Client’s exercise of Internet electronic commerce.
- The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, the Webmaster and Client acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.
- Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.
- Waiver – No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.
- Severability – If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
GOVERNING LAW – This Agreement will be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
This contract constitutes the sole agreement between the Webmaster and the Client regarding this project. It becomes effective only when signed by both parties. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and the Webmaster.
IDARA MEDIA Affiliate Program Terms of Service
AgreementBy signing up to be an Affiliate in the IDARA MEDIA Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). IDARA MEDIA reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
- You must be 18 years or older to be part of this Program.
- You must live in the United States to be an Affiliate.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. IDARA MEDIA cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own IDARA MEDIA product accounts.