The party who is to receive the services provided, shall be referred to as the "Client" and the party providing the Services shall be referred to as “Netzzo.com”


The following are the terms and conditions for any agreement between Netzzo.com and the client contracting the services. The terms and conditions stated below will become effective once the client contracts any service provided by Netzzo.com. Netzzo.com reserves the right to refuse services to anyone.


Relationship of Parties

It is understood by the parties that Netzzo.com is an independent organization with respect to the Client, and not an employee of the Client, and as such the Client will not provide any employee or fringe benefits, for the benefit of Netzzo.com or Netzzo.com employees.

>
Privacy

Netzzo.com will not divulge, disclose, or communicate at any time or in any manner, for the benefit of Netzzo.com, any information that is proprietary to the Client. Netzzo.com will act reasonably to protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement.


Service Availability & Performance

Netzzo.com shall use all reasonable efforts to make available to the Client at all times the Services. The Client acknowledges and agrees that Netzzo.com cannot guarantee the absence of service interruptions caused by ‘force major’, in this case meaning, any circumstances beyond Netzzo.com’s control.

All websites created by Netzzo.com are optimized for viewing in Microsoft Internet Explorer but can be viewed also with other browsers. The Client accepts that certain features of their site may not work, or may not be visible, or may look different, depending on the functionality of the hardware and software used to view the site. The Services provided to the Client hereunder cannot be transferred or used by anyone other than the Client, under the management of Netzzo.com.


Content:

Any illegal material including but not limited to copyrighted works, commercial video, music files and any material in violation of any regulation is prohibited. Pirated software, ROMS, emulators, hacking, password cracking, IP spoofing, and encrypting of any of the above is prohibited.

This also includes "links to" or "how to" information about such material.

Netzzo.com reserves the right to suspend or cancel any or all of the services provided to the Client due to any illegal activity.


Design Credit

Client's website pages, which have been created by Netzzo.com, shall have a link to Netzzo.com’s website, appearing in small type at the bottom of each website page. If the client wishes for this to be removed, it shall be agreed prior to the commencement of the project.


Product Ownership

Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, the "Product") developed in whole or in part by Netzzo.com in connection with the Services shall be the exclusive property of Netzzo.com.


Domain Registration

If the service contracted by the client includes domain registration(s), Netzzo.com will act on behalf of the client in the registration process as well as its management. Netzzo.com makes no representation that the domain name the Client wishes to register is capable of being registered by or for the Client, or that it will be registered in the Client's name. The Client should therefore not assume registration of a requested domain name(s) until the Client has been notified that it has been registered. Any action taken by the Client before such notification is at the Client's own risk. The registration and use of the Client's domain name is subject to the terms and conditions of use applied by the relevant naming authority; the Client shall ensure that they are aware of those terms and conditions and that they comply with them.

The Client shall have no right to bring any claim against Netzzo.com in respect of refusal to register a domain name; any administration charge paid by the Client to Netzzo.com shall be non-refundable notwithstanding refusal by the naming authority to register the desired name.

Netzzo.com shall have no liability in respect of the use by the Client of any domain name; any dispute between the Client and any other person must be resolved between the parties concerned in such a dispute. If any such dispute arises, Netzzo.com shall be entitled, and at their discretion without giving any reason, to withhold, suspend or cancel the domain name. Netzzo.com shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute. Netzzo.com gives no warranty that the Domain Name requested will not infringe the rights of any third party and the Client indemnifies Netzzo.com in respect of any such infringement. Netzzo.com shall not release any domain name to another provider unless full payment for that domain name has been received by Netzzo.com.


Website Hosting & Email

If the service contracted by the client includes website hosting and e-mail account(s), Netzzo.com will act on behalf of the client to set up a hosting and e-mail account as well as its management. Netzzo.com makes no representation and give no warranty as to the accuracy or quality of information received by any person via the Server. Under no circumstances shall Netzzo.com be held liable for claims arising from the content of the Client's website.

The Client represents, undertakes and warrants to Netzzo.com that they will use the Website allocated to them only for lawful purposes. All website hosting accounts are set up on a prepay basis.


Pay-Per-Click Advertisement

If the service contracted by the client includes Pay-Per-Click Advertisement, Netzzo.com will act on behalf of the client setting up and running a Google Adwords Campaign or other. All PPC Campaigns carried out by Netzzo.com are done to the best of Netzzo.com abilities.

Search Engine Registration

If the service contracted by the client includes Search Engine Registration, Netzzo.com will act on behalf of the client registering its website(s). All search engine registrations carried out by Netzzo.com are done to the best of Netzzo.com abilities, but it should be noted that Netzzo.com has no control over search engine registrations. As such Netzzo.com cannot guarantee how or where the search engine will rank the Client's website, nor how long an individual search engine directory may take to catalogue the information presented.


Third Party Alterations

Netzzo.com cannot accept responsibility for any alterations caused by either the Client or a third party to the Client's website pages once placed on a server. Such alterations include, but are not limited to additions, modifications, or deletions.


Payment

The Client shall pay charges for all Services to Netzzo.com in advance, once the proposal is accepted, unless otherwise agreed by Netzzo.com. In the event that it is agreed that work is to commence prior to payment, the Client agrees to abide by Netzzo.com invoice terms. All payments must be in Euros, prices quoted in other currencies are merely orientative in nature. All ongoing or “inclusive” services accounts are set up on a prepay basis by standing order unless otherwise agreed by Netzzo.com in writing. All pricing is guaranteed for the duration of the Service Agreement.

Any account not brought current within one week of email notification is subject to suspension. All charges are subject to VAT, included in the price. Without prejudice to Netzzo.com other rights and remedies under this Agreement, if any invoice payable is not paid on or before the due date, Netzzo.com shall be entitled forthwith to suspend the provision of Services to the Client without notice.


Permissions & Copyright

The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material supplied to Netzzo.com by the Client for the design and construction of any web pages. Acceptance of this Agreement shall be regarded as a guarantee by the Client that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. Netzzo.com will accept no responsibility for damages to or losses incurred by the Client from the use of material for which the required permission or authority has not been properly obtained. The Client is required to ensure that the content of their website pages meets all the current government legislation regarding publications. The Client shall further indemnify Netzzo.com in respect of any claims, costs or expenses that may arise from any material included in the Client's website pages.


Errors & Liabilities

Netzzo.com will use its best efforts to ensure the Services are free of errors. Netzzo.com will accept responsibility for any errors that may arise in the course of performing the Services, and rectify any such errors identified within the duration of the Service Agreement, without charge or penalty to the Client. Such errors include but are not limited to: grammatical or spelling errors on web pages; misplacement of text or graphics on web pages; malfunctioning of interactive elements included in the website pages. Netzzo.com does not accept any liability for losses or damages arising from errors within the Services.


Indemnity

The Client shall indemnify Netzzo.com and keep Netzzo.com indemnified and hold Netzzo.com harmless from and against any breach by the Client of these terms and conditions of business, and any claim brought against Netzzo.com by a third party resulting from the provision of Services by Netzzo.com to the Client, and the Client's use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by Netzzo.com in consequences of the Client's breach or non-observance of this Agreement.


Invalidity

If this Service Agreement or any part thereof shall be adjudged for any reason to be void, unenforceable or ineffective, but would be adjudged to be valid effective and enforceable if part of the wording were deleted or a provision were limited in scope, then this Agreement shall continue with such modifications deemed to be written, construed and enforced as so limited, so as to make its provisions (or if such be the case its remaining provisions) valid effective and enforceable.


Termination & Suspension

The Service Agreement shall remain in force for a minimum period of three (3) months from acceptance by Netzzo.com of the Client's application to use the service or services provided: To automatically continue beyond the initial three (3) month period unless terminated in writing by either the Client or Netzzo.com.

After the initial three (3) month period, the Client can effect termination of this agreement by giving a minimum of one (1) month's notice in writing, by email. Termination can be effected by Netzzo.com, without in any way limiting Netzzo.com rights under any other sub clause in this agreement.



Rights on Termination

Termination of the agreement shall not affect any pre-existing liability of the Client or affect any right of Netzzo.com to recover damages or pursue any other remedy in respect of any breach by the Client of the agreement. In the event of termination of the agreement by Netzzo.com on account of any breach of the Terms and Conditions thereof by the Client, Netzzo.com shall be entitled to the balance of all Annual Subscription payments, which would but for such termination, have accrued to the earliest date on which the Agreement could have been terminated by the Client in accordance with the terms hereof. Netzzo.com shall not be required to release the Client's Domain Name or Internet address and may refuse to do so until this Agreement has been lawfully brought to an end and all sums due hereunder have been received by Netzzo.com, and the Client has complied with all its obligations hereunder.



Limitation of Liability

The Client acknowledges and agrees that Netzzo.com’s liability to the Client for any claim in contract; negligence or otherwise arising out of, or in connection with, the provision of the services shall be limited to the charges paid by the Client in respect of the Services that are the subject of any such claim. In any event no claim shall be brought unless the Client has notified Netzzo.com of the claim by email within one month of it arising. In no event shall Netzzo.com be liable to the Client for any loss of business, contracts, profits or anticipated savings, or for any other indirect or consequential or economic loss whatsoever. Netzzo.com will not be held liable for any service that it provides which is totally reliant upon a third party over which Netzzo.com has no administrative control.


Variation

Subject to Client consultation and agreement, Netzzo.com reserves the right to vary these Terms and Conditions.



Non-Waiver

The allowance of time to pay or any other permission by Netzzo.com in respect of payments shall in no manner affect or influence its right to payment together with interest provided under these Conditions. The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement.


Law

This Agreement shall be governed by and construed in accordance with Spanish law and the client hereby submits to the non-exclusive jurisdiction of the Spanish courts, and any alteration to part of the agreement shall not invalidate the remainder.


Entire Agreement

These Terms and Conditions together with any documents expressly referred to in them contain the entire Agreement between Netzzo.com and the Client relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral, between Netzzo.com and the Client in relation to such matters. No oral explanation or written information given by any party shall alter the interpretation of these Terms and Conditions.