By placing an order with Fijar Design and Animation, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions

The Client : The company or individual requesting the services of Fijar Design and Animation. Fijar Design and Animation: Primary designer/site owner & employees or affiliates.

General

Fijar Design and Animation will carry out work only where an agreement is provided either by email, mail or fax. An 'order' is deemed to be a written contract between Fijar Design and Animation and the client, this includes email agreements. Fijar Design and Animation will carry out work only for clients who are 18 years of age or above.

Services

We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers.

Website Design

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Fijar Design and Animation 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 Fijar Design and Animation until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, (unless specifically agreed) written by Fijar Design and Animation remain the copyright of Fijar Design and Animation and may only be commercially reproduced or resold with the permission of Fijar Design and Animation Fijar Design and Animation 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 Fijar Design and Animation and where no charge is made by Fijar Design and Animation for such additions, Fijar Design and Animation 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 Fijar Design and Animation all materials required to complete the site to the agreed standard and within the set deadline. Fijar Design and Animation will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Fijar Design and Animation 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. Fijar Design and Animation 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. Fijar Design and Animation 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. A deposit of 1/3 of agreed fee is required with any project before any design work will be carried out. 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.

Loss of service

We will endeavor to maintain network stability and satisfactory service levels, however:

• We may from time to time perform routine maintenance, service and upgrades. We will endeavor to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory
  
• We may experience outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labor dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by Fijar Design and Animation our suppliers or any third party
• We may, at our discretion provide notification of outages whether planned or unplanned
• You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party

Payment

A deposit is required from any new project before any work is carried out. It is the Fijar Design and Animation policy that any outstanding accounts for work carried out by Fijar Design and Animation or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Fijar Design and Animation. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due. Additional services come at additional fees, based on our rates
If accounts are not settled or Fijar Design and Animation have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Law offices to pursue payment, non payment can result in court judgments. Following consistent non payment 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 and termination of all ongoing and future projects with the client. .

Suspension and cancellation

We reserve the right to suspend/cancel any/all service, including all domain names if:

• You have any outstanding invoice or account
• Your account is in dispute or dispute resolutions procedure, court order, judgment, findings or determination
• You fail to comply with any provision in this agreement or those referenced in this agreement
• There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights
• We deem your use of our services may jeopardize the operation of the service, Fijar Design and Animation or our suppliers
• We deem any other reason as satisfactory to protect Fijar Design and Animation, our staff and/or our suppliers

Any suspension or cancellation is subject to our Refunds Policy.

If your account is canceled under this agreement:

• You must pay all outstanding charges to us immediately
• We may immediately delete all data held prior to cancellation
• We may perform any action without notice

Acceptable use policy

It is your responsibility at all times to:

• Use our service and services in a manner which does not violate any applicable laws or regulations
• Respect the conventions of the newsgroups, lists and networks that you use
• Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our service;
• Respect the privacy of others
• Use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and
• Ensure your use of our services remains ethical and in accordance with accepted community standards

You must at all times comply with law. You will be in breach of this policy on violation of state, federal or international laws.

It is not acceptable to use our service(s) to:

• Violate copyright or other intellectual property rights;
• Illegally store, use or distribute software; transmit threatening, obscene or offensive materials
• Engage in electronic 'stalking' or other forms of harassment such as using abusive or aggressive language
• Misrepresent or defame others
• Commit fraud
• Gain unauthorized access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet
• Damage, modify or destroy the files, data, passwords, devices or resources of Fijar Design and Animation, other users or third parties
• Engage in misleading or deceptive on-line marketing practices;
• Conduct any business or activity or solicit the performance of any activity that is prohibited by law
• Make an unauthorized transmission of confidential information or material protected by trade secrets
• "Spam" or engage in "spamming" activities
• Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material
• Post or transmit defamatory, harassing, abusive or threatening language
• Create, distribute or provide information/data regarding Internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
• Facilitating a violation of this Acceptable Use Policy
• Perform any other action through utilization of any service which we deem unsatisfactory
• Attempt to do any of the above

You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.

About this site

All prices appearing on this site are subject to change without notice. These prices are solely informative and Fijar Design and Animation is not necessarily committed to them for your project. All the pictures shown in this web site are solely representative.

This website may provide links to third-party websites. Any such links are provided solely as a convenience to you. Fijar Design and Animation has no control over these websites or their content and does not assume any responsibility or liability for these websites. Fijar Design and Animation does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this Web site, you do so at your own risk.

Because of the nature of web design and programming work, websites always appear differently on different computers. Screen resolution, operating system, and browsing software are just a few examples of variables that may affect the way a website looks. The client must be aware of these possible variations and Fijar Design and Animation will not be held responsible for them. A small sign stating "Website Design by Fijar Design and Animation " will be added at the bottom of every web page created (programmed or designed) by Fijar Design and Animation The client may request to remove the sign for an additional fee Fijar Design and Animation may, at his sole discretion, choose to showcase on its website projects the Fijar Design and Animation team has worked on, or is working on, including screen-shots, a link to the live website, a summary of Fijar Design and Animation role in regards to the project, etc. The client must understand and agree that we are in no way committed to displaying, or linking to, their website(s) or on-line project(s) on our website, but that we may choose to do so, at our sole discretion.

Complaints Procedure

Informal procedure

Anyone who experiences a problem with their web service provided by Fijar Design and Animation should raise the matter directly using our online contact form to do so, giving sufficient information to what the problem is and clearly outlining the grounds for complaint. Fijar Design and Animation will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to Fijar Design and Animation, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

Liability and indemnity

You agree that we shall have no liability to you or any other person with respect to any loss of service, data, business, indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit/goodwill for any matter whether such liability is asserted on the basis of contract, tort, breach of warranties either expressed or implied.
You agree to defend, indemnify, save and hold us, our staff and suppliers from any and all demands, liabilities, losses, costs and claims, including reasonable legal fee's asserted against us, our agents, our clients, our offices and employees, that may arise or result from any service provided, performed or agreed to be performed or any product sold by a customer, their agents and employees.
You agree to defend, indemnify, and hold us harmless against liabilities arising out of:

• Any injury to person or property caused by any products sold or otherwise distributed in connection with Fijar Design and Animation
• Any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party
• Any negligence or willful misconduct by you
• Any allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets

By accessing any service hosted on our network you understand, agree and are bound to this indemnification and any other indemnification mentioned in our service agreement and agreements referenced to therein. Should we be notified of pending legal action or intention to seek legal advice, we may seek written confirmation from you concerning your obligation to indemnify Fijar Design and Animation. Failure to provide such confirmation may be considered a breach of this agreement. We cannot be held responsible for any damages your business/operation may suffer. We provide no warranties, expressed or implied, for service we provide. Nor do we guarantee your web site or applications will be error free on our servers. We are not responsible for loss of data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries and any service interruption caused by Fijar Design and Animation, our employees or our suppliers. Should any part of this policy be made invalid by relevant legislation, the remainder of the policy shall remain in force.

Thank you for bringing your business to us! We really appreciate it and look forward to a long lasting partnership.

By placing an order with Fijar Design and Animation, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions

The Client : The company or individual requesting the services of Fijar Design and Animation. Fijar Design and Animation: Primary designer/site owner & employees or affiliates.

General

Fijar Design and Animation will carry out work only where an agreement is provided either by email, mail or fax. An 'order' is deemed to be a written contract between Fijar Design and Animation and the client, this includes email agreements. Fijar Design and Animation will carry out work only for clients who are 18 years of age or above.

Services

We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers.

Website Design

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Fijar Design and Animation 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 Fijar Design and Animation until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, (unless specifically agreed) written by Fijar Design and Animation remain the copyright of Fijar Design and Animation and may only be commercially reproduced or resold with the permission of Fijar Design and Animation Fijar Design and Animation 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 Fijar Design and Animation and where no charge is made by Fijar Design and Animation for such additions, Fijar Design and Animation 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 Fijar Design and Animation all materials required to complete the site to the agreed standard and within the set deadline. Fijar Design and Animation will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Fijar Design and Animation 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. Fijar Design and Animation 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. Fijar Design and Animation 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. A deposit of 1/3 of agreed fee is required with any project before any design work will be carried out. 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.

Loss of service

We will endeavor to maintain network stability and satisfactory service levels, however:

• We may from time to time perform routine maintenance, service and upgrades. We will endeavor to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory
  
• We may experience outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labor dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by Fijar Design and Animation our suppliers or any third party
• We may, at our discretion provide notification of outages whether planned or unplanned
• You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party

Payment

A deposit is required from any new project before any work is carried out. It is the Fijar Design and Animation policy that any outstanding accounts for work carried out by Fijar Design and Animation or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Fijar Design and Animation. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due. Additional services come at additional fees, based on our rates
If accounts are not settled or Fijar Design and Animation have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Law offices to pursue payment, non payment can result in court judgments. Following consistent non payment 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 and termination of all ongoing and future projects with the client. .

Suspension and cancellation

We reserve the right to suspend/cancel any/all service, including all domain names if:

• You have any outstanding invoice or account
• Your account is in dispute or dispute resolutions procedure, court order, judgment, findings or determination
• You fail to comply with any provision in this agreement or those referenced in this agreement
• There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights
• We deem your use of our services may jeopardize the operation of the service, Fijar Design and Animation or our suppliers
• We deem any other reason as satisfactory to protect Fijar Design and Animation, our staff and/or our suppliers

Any suspension or cancellation is subject to our Refunds Policy.

If your account is canceled under this agreement:

• You must pay all outstanding charges to us immediately
• We may immediately delete all data held prior to cancellation
• We may perform any action without notice

Acceptable use policy

It is your responsibility at all times to:

• Use our service and services in a manner which does not violate any applicable laws or regulations
• Respect the conventions of the newsgroups, lists and networks that you use
• Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our service;
• Respect the privacy of others
• Use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and
• Ensure your use of our services remains ethical and in accordance with accepted community standards

You must at all times comply with law. You will be in breach of this policy on violation of state, federal or international laws.

It is not acceptable to use our service(s) to:

• Violate copyright or other intellectual property rights;
• Illegally store, use or distribute software; transmit threatening, obscene or offensive materials
• Engage in electronic 'stalking' or other forms of harassment such as using abusive or aggressive language
• Misrepresent or defame others
• Commit fraud
• Gain unauthorized access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet
• Damage, modify or destroy the files, data, passwords, devices or resources of Fijar Design and Animation, other users or third parties
• Engage in misleading or deceptive on-line marketing practices;
• Conduct any business or activity or solicit the performance of any activity that is prohibited by law
• Make an unauthorized transmission of confidential information or material protected by trade secrets
• "Spam" or engage in "spamming" activities
• Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material
• Post or transmit defamatory, harassing, abusive or threatening language
• Create, distribute or provide information/data regarding Internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
• Facilitating a violation of this Acceptable Use Policy
• Perform any other action through utilization of any service which we deem unsatisfactory
• Attempt to do any of the above

You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.

About this site

All prices appearing on this site are subject to change without notice. These prices are solely informative and Fijar Design and Animation is not necessarily committed to them for your project. All the pictures shown in this web site are solely representative.

This website may provide links to third-party websites. Any such links are provided solely as a convenience to you. Fijar Design and Animation has no control over these websites or their content and does not assume any responsibility or liability for these websites. Fijar Design and Animation does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this Web site, you do so at your own risk.

Because of the nature of web design and programming work, websites always appear differently on different computers. Screen resolution, operating system, and browsing software are just a few examples of variables that may affect the way a website looks. The client must be aware of these possible variations and Fijar Design and Animation will not be held responsible for them. A small sign stating "Website Design by Fijar Design and Animation " will be added at the bottom of every web page created (programmed or designed) by Fijar Design and Animation The client may request to remove the sign for an additional fee Fijar Design and Animation may, at his sole discretion, choose to showcase on its website projects the Fijar Design and Animation team has worked on, or is working on, including screen-shots, a link to the live website, a summary of Fijar Design and Animation role in regards to the project, etc. The client must understand and agree that we are in no way committed to displaying, or linking to, their website(s) or on-line project(s) on our website, but that we may choose to do so, at our sole discretion.

Complaints Procedure

Informal procedure

Anyone who experiences a problem with their web service provided by Fijar Design and Animation should raise the matter directly using our online contact form to do so, giving sufficient information to what the problem is and clearly outlining the grounds for complaint. Fijar Design and Animation will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to Fijar Design and Animation, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

Liability and indemnity

You agree that we shall have no liability to you or any other person with respect to any loss of service, data, business, indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit/goodwill for any matter whether such liability is asserted on the basis of contract, tort, breach of warranties either expressed or implied.
You agree to defend, indemnify, save and hold us, our staff and suppliers from any and all demands, liabilities, losses, costs and claims, including reasonable legal fee's asserted against us, our agents, our clients, our offices and employees, that may arise or result from any service provided, performed or agreed to be performed or any product sold by a customer, their agents and employees.
You agree to defend, indemnify, and hold us harmless against liabilities arising out of:

• Any injury to person or property caused by any products sold or otherwise distributed in connection with Fijar Design and Animation
• Any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party
• Any negligence or willful misconduct by you
• Any allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets

By accessing any service hosted on our network you understand, agree and are bound to this indemnification and any other indemnification mentioned in our service agreement and agreements referenced to therein. Should we be notified of pending legal action or intention to seek legal advice, we may seek written confirmation from you concerning your obligation to indemnify Fijar Design and Animation. Failure to provide such confirmation may be considered a breach of this agreement. We cannot be held responsible for any damages your business/operation may suffer. We provide no warranties, expressed or implied, for service we provide. Nor do we guarantee your web site or applications will be error free on our servers. We are not responsible for loss of data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries and any service interruption caused by Fijar Design and Animation, our employees or our suppliers. Should any part of this policy be made invalid by relevant legislation, the remainder of the policy shall remain in force.

Thank you for bringing your business to us! We really appreciate it and look forward to a long lasting partnership.

By placing an order with Fijar Design and Animation, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions

The Client : The company or individual requesting the services of Fijar Design and Animation. Fijar Design and Animation: Primary designer/site owner & employees or affiliates.

General

Fijar Design and Animation will carry out work only where an agreement is provided either by email, mail or fax. An 'order' is deemed to be a written contract between Fijar Design and Animation and the client, this includes email agreements. Fijar Design and Animation will carry out work only for clients who are 18 years of age or above.

Services

We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers.

Website Design

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Fijar Design and Animation 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 Fijar Design and Animation until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, (unless specifically agreed) written by Fijar Design and Animation remain the copyright of Fijar Design and Animation and may only be commercially reproduced or resold with the permission of Fijar Design and Animation Fijar Design and Animation 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 Fijar Design and Animation and where no charge is made by Fijar Design and Animation for such additions, Fijar Design and Animation 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 Fijar Design and Animation all materials required to complete the site to the agreed standard and within the set deadline. Fijar Design and Animation will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Fijar Design and Animation 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. Fijar Design and Animation 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. Fijar Design and Animation 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. A deposit of 1/3 of agreed fee is required with any project before any design work will be carried out. 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.

Loss of service

We will endeavor to maintain network stability and satisfactory service levels, however:

• We may from time to time perform routine maintenance, service and upgrades. We will endeavor to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory
  
• We may experience outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labor dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by Fijar Design and Animation our suppliers or any third party
• We may, at our discretion provide notification of outages whether planned or unplanned
• You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party

Payment

A deposit is required from any new project before any work is carried out. It is the Fijar Design and Animation policy that any outstanding accounts for work carried out by Fijar Design and Animation or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Fijar Design and Animation. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due. Additional services come at additional fees, based on our rates
If accounts are not settled or Fijar Design and Animation have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Law offices to pursue payment, non payment can result in court judgments. Following consistent non payment 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 and termination of all ongoing and future projects with the client. .

Suspension and cancellation

We reserve the right to suspend/cancel any/all service, including all domain names if:

• You have any outstanding invoice or account
• Your account is in dispute or dispute resolutions procedure, court order, judgment, findings or determination
• You fail to comply with any provision in this agreement or those referenced in this agreement
• There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights
• We deem your use of our services may jeopardize the operation of the service, Fijar Design and Animation or our suppliers
• We deem any other reason as satisfactory to protect Fijar Design and Animation, our staff and/or our suppliers

Any suspension or cancellation is subject to our Refunds Policy.

If your account is canceled under this agreement:

• You must pay all outstanding charges to us immediately
• We may immediately delete all data held prior to cancellation
• We may perform any action without notice

Acceptable use policy

It is your responsibility at all times to:

• Use our service and services in a manner which does not violate any applicable laws or regulations
• Respect the conventions of the newsgroups, lists and networks that you use
• Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our service;
• Respect the privacy of others
• Use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and
• Ensure your use of our services remains ethical and in accordance with accepted community standards

You must at all times comply with law. You will be in breach of this policy on violation of state, federal or international laws.

It is not acceptable to use our service(s) to:

• Violate copyright or other intellectual property rights;
• Illegally store, use or distribute software; transmit threatening, obscene or offensive materials
• Engage in electronic 'stalking' or other forms of harassment such as using abusive or aggressive language
• Misrepresent or defame others
• Commit fraud
• Gain unauthorized access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet
• Damage, modify or destroy the files, data, passwords, devices or resources of Fijar Design and Animation, other users or third parties
• Engage in misleading or deceptive on-line marketing practices;
• Conduct any business or activity or solicit the performance of any activity that is prohibited by law
• Make an unauthorized transmission of confidential information or material protected by trade secrets
• "Spam" or engage in "spamming" activities
• Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material
• Post or transmit defamatory, harassing, abusive or threatening language
• Create, distribute or provide information/data regarding Internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
• Facilitating a violation of this Acceptable Use Policy
• Perform any other action through utilization of any service which we deem unsatisfactory
• Attempt to do any of the above

You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.

About this site

All prices appearing on this site are subject to change without notice. These prices are solely informative and Fijar Design and Animation is not necessarily committed to them for your project. All the pictures shown in this web site are solely representative.

This website may provide links to third-party websites. Any such links are provided solely as a convenience to you. Fijar Design and Animation has no control over these websites or their content and does not assume any responsibility or liability for these websites. Fijar Design and Animation does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this Web site, you do so at your own risk.

Because of the nature of web design and programming work, websites always appear differently on different computers. Screen resolution, operating system, and browsing software are just a few examples of variables that may affect the way a website looks. The client must be aware of these possible variations and Fijar Design and Animation will not be held responsible for them. A small sign stating "Website Design by Fijar Design and Animation " will be added at the bottom of every web page created (programmed or designed) by Fijar Design and Animation The client may request to remove the sign for an additional fee Fijar Design and Animation may, at his sole discretion, choose to showcase on its website projects the Fijar Design and Animation team has worked on, or is working on, including screen-shots, a link to the live website, a summary of Fijar Design and Animation role in regards to the project, etc. The client must understand and agree that we are in no way committed to displaying, or linking to, their website(s) or on-line project(s) on our website, but that we may choose to do so, at our sole discretion.

Complaints Procedure

Informal procedure

Anyone who experiences a problem with their web service provided by Fijar Design and Animation should raise the matter directly using our online contact form to do so, giving sufficient information to what the problem is and clearly outlining the grounds for complaint. Fijar Design and Animation will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to Fijar Design and Animation, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

Liability and indemnity

You agree that we shall have no liability to you or any other person with respect to any loss of service, data, business, indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit/goodwill for any matter whether such liability is asserted on the basis of contract, tort, breach of warranties either expressed or implied.
You agree to defend, indemnify, save and hold us, our staff and suppliers from any and all demands, liabilities, losses, costs and claims, including reasonable legal fee's asserted against us, our agents, our clients, our offices and employees, that may arise or result from any service provided, performed or agreed to be performed or any product sold by a customer, their agents and employees.
You agree to defend, indemnify, and hold us harmless against liabilities arising out of:

• Any injury to person or property caused by any products sold or otherwise distributed in connection with Fijar Design and Animation
• Any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party
• Any negligence or willful misconduct by you
• Any allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets

By accessing any service hosted on our network you understand, agree and are bound to this indemnification and any other indemnification mentioned in our service agreement and agreements referenced to therein. Should we be notified of pending legal action or intention to seek legal advice, we may seek written confirmation from you concerning your obligation to indemnify Fijar Design and Animation. Failure to provide such confirmation may be considered a breach of this agreement. We cannot be held responsible for any damages your business/operation may suffer. We provide no warranties, expressed or implied, for service we provide. Nor do we guarantee your web site or applications will be error free on our servers. We are not responsible for loss of data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries and any service interruption caused by Fijar Design and Animation, our employees or our suppliers. Should any part of this policy be made invalid by relevant legislation, the remainder of the policy shall remain in force.

Thank you for bringing your business to us! We really appreciate it and look forward to a long lasting partnership.