Breatel Agency

Terms of Service

 

0.- Acknowledgement  

The following Terms of Service Agreement governs the general rules of the products and services provided by Breatel Agency. It’s important to note that this terms and conditions are subject to change, we reserve the right to modify the terms and conditions of service of the website (breatel.com), and/or any product or service provided by Breatel Agency, every time that is consider necessary, the user-customer is encouraged also to review and read carefully these terms and conditions in each of the occasions he intends to use this website or any product and/or service provided by it’s associates or commercial partners.

1.- Acceptance of Terms

Carefully read these Terms and Conditions of Service before using the Website (breatel.com) and/or any service or product provided by Breatel Agency, at the moment you navigate or use the site, use a product or service provided or advertised on it, you acquire the status of USER/CUSTOMER, and therefore will be liable for the automatic acceptance of each of the terms and conditions that will be described later.

2.- Website Content

The Web Site (breatel.com) provides the user with details of the services offered by Breatel Agency, using text, graphics, photography or any other medium that facilitates perception more clearly and accurately the services and products offered. The content and information displayed on the website is property of Breatel Agency, stock or Royalty free material might have been used to provide the customer a more rich experience. Is strictly prohibited any copying, reproduction or distribution of content published on this site website without written permission. 

2.1 – Links to Other Websites  

The Web Site (breatel.com) may contain links to third-party web sites or services that are not owned or controlled by Breatel Agency. Therefore by having no control over such websites and service we do not assume responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Breatel Agency shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

3.- Modifications of this Terms of Use

We reserve the right to alter or discontinue, temporarily or permanently, when deemed without warning, Web Site (breatel.com) in all or part of their published content, as well as products and services that are offered or described leaving without rights of claims and/or any compensation to the user or customer. Breatel Agency shall make regular updates to its website’s content, products portfolio and services. So that in this way the user can enjoy an authentic and updated content, but will not guarantee or be responsible for the accuracy of the content or for errors or omissions in it.

4.- Limitation of Liability, General Limitations (Services).

Users navigate on the website (breatel.com) at their own risk, and under any circumstances Breatel Agency, or any third party involved providing services and/or products described on it, can be liable for any damage users may suffer as a result of access this website or using any product or service listed, which is expressly stated that Breatel Agency or any staff member or collaborator will not be obliged to compensate the user any damage and / or injury caused while visiting or using this website (breatel.com) using any of the products or services provided through a commercial partner, employee or third partner.

A) Web Security Service

Assurance SSL Certificates is subject to the terms and conditions of the supplier, if you require a compensation you should arrange request to the certificate supplier’s. The Service of Web Security do not guarantee total protection against attacks, there may be no known flaws in the WordPress platform or malware within the application or server that compromise the integrity of your data or users. There is no guarantee of protection against attacks and malware of any kind, no compensation may be requested to Breatel Agency for security flaws in web applications developed by its team. Service provided without warranty of any kind.

II. Disclaimer

THE CLIENT UNDERSTAND AND AGREE THAT:

  1. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE and technical feasibility.” BREATEL AGENCY, MAKES NO EXPRESS WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED BY THE SERVICE.
  2. BREATEL AGENCY DOES NOT WARRANT THAT (if) THE SERVICE WILL MEET EXPECTATIONS OR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ASSOCIATED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) THAT THIS WEB SITE , ITS CONTENT, PRODUCTS AND SERVERS ARE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR WEB APPLICATION FOR LOSS OF DATA THAT RESULTS FROM THE SAME INSTALLATION AND USE THE SERVICE.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BREATEL AGENCY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THIS IN THESE TERMS.
  5. THE SERVICE MAY CONTAIN COMBINATIONS ELEMENTS OR DEVELOPED BY BREATEL AGENCY AND THIRD PARTY COMPONENTS WHICH ARE SUBJECT TO COPYRIGHT AND NO WARRANTY IS MADE ON SUB-CONTRACTOR OR THIRD PARTY COMPONENTS.
  6. ALL AUDIOVISUAL MATERIAL USED TO DESCRIBE THE CHARACTERISTICS OF SERVICE IS PROTECTED BY COPYRIGHT AND BREATEL AGENCY IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN THE DESCRIPTION OF SERVICE.

III. Additional Disclaimers

THE CLIENT UNDERSTANDS AND AGREE THAT IN CONNECTION WITH THE WEB SECURITY SERVICE, IN NO EVENT WILL BREATEL AGENCY, EMPLOYEES, SUBSIDIARIES, AFFILIATES OR THIRD PARTIES RELATING TO THE SAME BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, CONSEQUENTIAL OR INDIRECT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE OWNER OR THE CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES WHETHER BY USING THE SERVICE OR THE IMPLEMENTATION OF THE SAME ON ANY WEB APPLICATION).

This paragraph applies equally to (ti) THE USE OR INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

B) Web Development Service

I. Warranty

There is no warranty on the web application, to the extent permitted by applicable law. Except where otherwise stated in writing the copyright holders and / or other parties provide the application “as is” without warranty of any kind, either express or implied, including, but not limited to implied warranties of merchantability suitability for a particular purpose. Risk as to the quality and performance of the application is borne by the customer. If it is proved that the program is defective, you assume the cost of all necessary services to repair or correct it.

In any case, unless agreed to in writing will any copyright holder, or any other party who may modify and / or redistribute the application as permitted, be liable to the customer for damages, including any general, special, incidental or consequential damages produced by the use or inability to use the Web Application (including, but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the application to work in combination with any other component), even if such holder or other party has been advised of the possibility of such damages.

II. Deadlines and Cancellations

All projects are subject to a deadline (delivery time), whether provided by the client or imposed by Breatel Agency (notified to the customer). In case that the deadline it’s not satisfied by the Breatel Agency, staff, the client can request extended information about the project status, and a new deadline or a reschedule. However, no compensatory indemnification will be provided to the client for the violation of the agreed date. Project cancellations can occur if the developing team decided to do so, with will result on a refund of any fees paid for the development service. Without additional compensations for the cancellations, administrative cost will be deduced prior the refund it’s issued.

C) Technical Support, Consulting and Content Management

Customer agrees and understands that the service is offered without warranty or liability, subject to the following conditions:

  1. The customer may not exercise any legal action against Breatel Agency, collaborators or third  party partners running maintenance and support to any web application, in the event that the requirements are not met, problems resulting in loss of data, information, cause malfunction of the application or the inability to make use of it.
  2. In case of failure, problems or disasters of any kind the customer may not claim compensation to Breatel Agency, but we can choose to grant voluntarily compensation to the customer in which case no result greater than the amount paid for the service, without the right a retrospective on the value and duration of the subscription.
  3. The customer must provide all information necessary to provide the service.

5.- Copyright waiver and concessions

All digital material developed by Breatel Agency, can be subject to copyright. We retain the rights to display, such materials for portfolio purposes (display) and advertisement in any kind of digital or printed media. There might be third party content in breatel.com subject to copyright, such content might include former clients logos, or digital content created for such clients. 

All links and logos displayed on our website are subject to copyright and belong to their respective owners. When a client uses a service provided in breatel.com  accepts to become part of our portfolio, where we can show relevant information of the related works developed for the client, and its information including but not limited to the company logo of the client (own, or new) and the actual work done for the client. In case that a client does not accept the terms and conditions of the copyright waiver Breatel Agency will retain the rights of any material developed for the client and no refund of any payments made for such materials will be issued.

6.- Outsourcing and Commercial Partners

Some of our services are outsourced and subject to the Terms of Service and Privacy Policy of a third party or business partner (for example, domain registrar or hosting company) we do not provide any warranty for such services the client must provide all the necessary information for the domains registration on new websites developments or transfers in order to include the clients name on the registration process and domain details. Our Web Development Service Might Include a Hosting Package with a CPanel Account created for the client usage and enjoyment. We do not provide any warranty or support for such service. Our Hosting Service is provided for commercial partners and third party companies, if you wish to know more information about this please contact us. Price changes on any service might arise from term to term.

7.- Social Networks and Promotions

We might post our clients portfolio over our official social networks profiles (available list at our website – breatel.com -), there might be limited time offers or promotions, promo codes, coupons or tickets posted over our social networks, for advertisement purposes. Every promotion has a expiration date and clearly states its benefits and limitations with an (*) mark on a legible manner, after the date has expired there will be no consideration over any further claims. Downloadable free content created by Breatel Agency might be shared over social networks from time to time, any content provided free of charge over our social networks will be licensed over the Creative Commons Attribution License (CC-BY).

8.- Disputes Resolutions

If You have any concern or dispute about a Service, You agree to first try to resolve the dispute informally by contacting Breatel Agency.

9.- Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use any Service will cease immediately.

10.- Cancellations and Refund Policy

All services offered by Breatel Agency may be canceled or terminated by the customer if it deems it prior notice and subject to the conditions set out in the Cancellations and Refunds Policy.

Customers are eligible for a refund of the down payment if they comply with the following conditions:

  1. The project is not located in more than 50% of execution, it was delayed by the development team surpassing the average completion date and the new estimated for completion result not to please the client.
  2. Customer places further demands other than those raised initially within the first 03 (three) working days of receiving the project approval and these resulted rejected by the development team.
  3. If the case might be that there was a Down Payment for the project or it was paid in full on advance, there will be applicable only the Clause “B” of the Section “10”.

10.1.- Additional limitations

Other products and services offered by Breatel Agency, given the intangible nature of them, refunds will not be accepted. For exceptional cases (if Breatel Agency, voluntary decides to issue a refund), when a refund is issued, administrative fees might be deducted from the refund, in any case a refund might never be greater than the amount paid for the client minus administrative fees imposed by Breatel Agency.

11.- Revisions and Errata

The information – content – appearing on this website, brochures, social networks, newsletters or any other advertising mean, could include technical, typographical, or photographic errors. Breatel Agency, does not warrant that such information – content – is accurate, complete, or current. Breatel Agency, may make changes to the materials contained on its website or any other digital mean at any time without notice. Breatel Agency, does not, however, make any commitment to update the materials.

12.- Changes and Amendments

We reserve the right to change or alter the current Terms of Service Agreement without prior notice, modify our products portfolio, services and pricing.

Terms of Service.

Updated on April 30th, 2020.

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