Our standard terms and conditions regarding optimization are detailed below. By placing an order with Elite Digital Corp, you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions:
The Client/Customer: The company or individual requesting the services of Elite Digital Corp.
General:
Elite Digital Corp will carry out work only where a service agreement is provided by either email, telephone, mail or fax. A ‘service agreement’ is deemed to be a written or verbal contract between Elite Digital Corp and the client; this includes telephone and email agreements.
Website Design and Optimization:
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Elite Digital Corp cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Elite Digital Corp remain the copyright of Elite Digital Corp and may only be commercially reproduced or resold with the permission of Elite Digital Corp.
Elite Digital Corp cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of Elite Digital Corp and where no charge is made by Elite Digital Corp for such additions, Elite Digital Corp accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available, as soon as is reasonably possible to Elite Digital Corp all materials required completing the ‘service agreement’ to the agreed standard and within the set deadline.
Elite Digital Corp will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Elite Digital Corp will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
Elite Digital Corp will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Elite Digital Corp will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
Payment terms are dictated by ‘service agreement’. There are no exceptions to this, i.e. If the client decides they no longer want the service, they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.
Disclaimers and limitations on liability:
Elite Digital Corp shall not be responsible for URLs dropped or excluded by a search engine for any reason.
Elite Digital Corp shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with Client’s receipt of the Account Service data.
Elite Digital Corp shall not be responsible for acts or causes beyond their control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.
Elite Digital Corp do not represent or warrant that Customers’ URLs will achieve a set position on any search engine as we do not represent the search engine and cannot guarantee placement.
You expressly agree that use of the Elite Digital Corp Services provided hereunder is at your sole risk. These Services are provided on an “as is” and “as available” basis. Elite Digital Corp expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement beyond our limited guarantee.
Notwithstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet generally which are outside Elite Digital Corp ‘ control and could result in a breach of security. Accordingly, Elite Digital Corp cannot guarantee that Your Account Service data information will be free from corruption or piracy. You hereby expressly waive any claim against Elite Digital Corp arising out of the loss of data through corruption, piracy, and breach of security or for any other reason that is not based on intentional or grossly negligent actions of Elite Digital Corp.
To the maximum extent allowed by law, Elite Digital Corp and any of their parents, members, subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how they arose, including negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the Services provided hereunder. Further, Elite Digital Corp will not have any liability for any losses arising because the Elite Digital Corp Services are not operational or accessible. This section does not limit liability for bodily injury of a person.
Database, Application and E-Commerce Development:
Elite Digital Corp cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, cgi applications or software (unless specifically agreed) written by Elite Digital Corp remain the copyright of Elite Digital Corp and may only be commercially reproduced or resold with the permission of Elite Digital Corp .
Where applications or sites are developed on servers not recommended by Elite Digital Corp, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment, which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Elite Digital Corp before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Elite Digital Corp will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Compatibility:
Elite Digital Corp will endeavor to ensure that any developed/designed modifications to a site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Elite Digital Corp can offer no guarantees of correct function with all browser software.
Payment of Accounts:
Payment in full is required from any new client before any work is carried out. It is the Elite Digital Corp policy that any outstanding accounts for work carried out by Elite Digital Corp or its affiliates are required to be paid in full, no later than 5 days from the original billing date unless by prior arrangement with Elite Digital Corp .
We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Elite Digital Corp have not been contacted regarding the delay, optimization services will be suspended, we will then pass such cases to the Small Claims Court to pursue payment, nonpayment can result in county court judgments (ccj’s) being added to the client’s credit rating.
Following consistent nonpayment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Arbitration Agreement:
Any dispute, controversy or claim arising out of or relating in any way to the Elite Digital Corp order confirmation/service agreement including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the order confirmation/service agreement, shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to the order confirmation/service agreement /the relationship, the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, management level representatives of both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
The arbitration shall be conducted by one/three arbitrators. If the Parties are not able to agree upon the selection of an arbitrator, within twenty days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the American Arbitration Association/a state/federal court judge in California shall select the arbitrator in accordance with the terms of this agreement. For three arbitrators, each party shall select an arbitrator within ten days of commencement of the arbitration who shall serve as a neutral arbitrator and the two designated arbitrators shall select a third neutral arbitrator within twenty days of their selection of the parties cannot agree on a third arbitrator. If the two arbitrators cannot agree on selection of a third arbitrator within twenty
days of their appointment, the American Arbitration Association/ a state or federal judge in California shall select such arbitrator in accordance with the terms of this agreement.
The arbitrators shall have ten years of experience in Service Business Contracts and shall have served as an arbitrator at least three times prior to their service as an arbitrator in this arbitration.
The arbitration shall be conducted in accordance with the then existing Commercial Rules of the American Arbitration Association/the then existing rules of the Judicial Arbitration Group/the then existing Federal Rules of Civil Procedure.
The arbitration shall be conducted in Los Angeles and Ventura, California.
Regardless of the place of venue, the contract was entered into in Los Angeles and Ventura, CA and any dispute will be arbitrated in Los Angeles and Ventura, California
The laws of the State of California shall be applied in any arbitration proceedings, without regard to principles of conflict of laws.
It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within one hundred and twenty days from the date the arbitrators are appointed. The arbitrators may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award.
Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all/both parties.
The Parties shall not be entitled to discovery in the arbitration except that any Party shall be entitled to request no more than 1000 pages of documents and to take three depositions not to exceed eight hours for each such deposition. Any Party shall be entitled to depose any expert who will testify in the arbitration proceeding but shall pay the regular hourly rate of such expert during such deposition. In addition to the foregoing, any Party shall be entitled to take the deposition of a witness who will testify at the arbitration but who is unavailable to testify at the hearing to preserve such witness’ testimony for the arbitration hearing.
The Parties shall exchange a copy of all exhibits for the arbitration hearing and shall identify each witness who will testify at the arbitration, with a summary of the anticipated testimony of such witness ten days before the arbitration hearing.
The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any
award rendered pursuant to the arbitration provisions of this Section by bringing suit in any court of competent jurisdiction. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This Section shall survive the termination or cancellation of this Agreement.
Each party shall pay its own proportionate share of arbitrator fees and expenses plus the fees and expenses of the arbitrator it designated (if there are three arbitrators and the arbitration fees and expenses of the American Arbitration Association/the Judicial Arbiter Group. The arbitrators shall be entitled to award the foregoing arbitration and administrative fees and expenses as damages
in his/her discretion.
Complaints Procedure:
Anyone who experiences a problem with the service provided by Elite Digital Corp should raise the matter directly using our toll free phone number or our online contact form to do so, giving sufficient information to locate the material (such as a URL or FTP access) and clearly outlining the grounds for complaint.
Elite Digital Corp will make every effort to resolve the matter to the satisfaction of the complainant.
Cancellation Policy:
30 day Cancellation Policy is strictly enforced. Cancellation must be given in writing at least 30 days prior to cancellation via email at support@Elite-Internet.com or directly to:
Elite Digital Corp address –
28632 Roadside Dr #220
Agoura Hills, CA 91301