Legal Notice/Terms and Conditions

Warranty Disclaimer: You expressly agree that use of the web site and related services is at your sole risk. The web site, materials and related services are provided on an "as is" and "as available" basis. PureEffort makes no representations or warranties with regard to the web site or any materials therein, whether express or implied, arising by law or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. In addition, PureEffort makes no representation that the operation of the web site will be uninterrupted or error-free. PureEffort will not be liable for the consequences of any interruptions or errors on the web site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice, information or other content or materials provided in connection with or otherwise available through the web site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any such opinion, advice, information or other content. Under no circumstance will PureEffort be liable for any loss or damage caused by your reliance on information obtained through the web site, other than as required under applicable consumer-protection law. Any legal actions against PureEffort must be carried out in the state of New York.

Limitation of Liability: By availing yourself of the Web site, Materials or related services, you agree to release and hold PureEffort and the employees, representatives of PureEffort, any third-party providers or sources of information or data and legal advisers harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Web site, Materials or related services including but not limited to: (a) electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of PureEffort that may cause the Web site or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Web site, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Web site, Materials or related services. In addition, you agree to defend, indemnify and hold PureEffort harmless from any claim, suit or demand, including reasonable attorney's fees, made by a third party due to or arising out of your utilizing the Web site, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you.  In no event will PureEffort be liable for any indirect, statutory, incidental, special or consequential damages or any loss of revenue arising out of your a ailment of materials (however arising, including negligence), even if PureEffort was advised of the possibility of such damages.

General Provisions: You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties.  PureEffort’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto.

Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, PureEffort cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The website, graphics and any programming code remain the property of PureEffort until all outstanding accounts are paid in full. PureEffort 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 will be carried out at the discretion of PureEffort and where no charge is made by PureEffort for such additions, PureEffort accepts 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 PureEffort all materials required completing the site to the agreed standard. PureEffort will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines, work carried out on behalf of the client or any of the clients appointed agents, or unavailability of the site, its servers, software or any material provided by its agents. PureEffort 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. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, [i.e. if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done].  Non payment will result in legal action being taken if necessary.

PureEffort will endeavor to ensure that any developed/designed 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.  PureEffort can offer no guarantees of correct function with all browser software.

Website Hosting
PureEffort cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. PureEffort reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.

Payment of Accounts
It is the PureEffort policy that any outstanding accounts for work carried out by PureEffort are required to be paid in full, no later than 15 days from the date of the final invoice unless by prior arrangement with PureEffort. Once a website has been designed and completed you are obliged to pay the balance of payment in full unless otherwise arranged. There are no exceptions to this, [i.e. if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done].  We will contact clients via email or telephone to remind them of such payments if they are not received when due. Non payment will result in legal action being taken if necessary.

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