Terms & Conditions
Client Portal Agreement This Client Portal Agreement (“Agreement") is made by and between Hype Web Design LTD and the registered user effective on the date the site registration is completed with the following terms and conditions:
Hype Web Design LTD provides a voluntary Client Portal (secure internet site) to permit the easy and secure electronic transfer of documents between Client and Hype Web Design LTD as well as on-going Client access to certain documents (may include confidential documents) created or maintained by Hype Web Design LTD. Hype Web Design LTD has sole discretion to decide which types of documents can be uploaded or viewed on the Client Portal.
Hype Web Design LTD’s client portal is offered to you conditional upon your acceptance of the terms, conditions, and notices contained herein. By using the portal you agree to these terms and conditions. Hype Web Design LTD may modify, suspend, discontinue or restrict the use of any portion of Hype Web Design LTD’s Client Portal, including the availability of any portion of the content at any time, without notice or liability.
Description of Service
Hype Web Design LTD Client Portal provides authorised clients with access to information displayed on the portal for deliveries of documents and communications for their account only. The information, documents, and communications on the portal are provided as a convenient resource to clients.
The Client Portal provides the ability for two-way exchanges of documents between you and Hype Web Design LTD and serves exclusively as a secure environment to transmit documents back and forth. It is not designed as a means for communication; messages may however be added but only when a document is uploaded for exchange. Deliverables and other documents being transmitted will only remain available on the site for 30 days, at which time they will be automatically deleted.
Hype Web Design LTD will use its best efforts to provide 24-hour daily availability of the Client Portal. However, Hype Web Design LTD makes no representation or warranty that 24-hour service will be available. The client agrees and acknowledges that the Client Portal will, at times, be unavailable due to regularly scheduled maintenance, service upgrades, or other mechanical or electronic failures. Hype Web Design LTD shall not be responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Client Portal. Hype Web Design LTD is not responsible for any problems or technical malfunctions of any telephone or fibre network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email to be received by Hype Web Design LTD on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to your computer or peripherals related to downloading any materials in from the Client Portal.
User Password and Security
Using the portal and its related services requires the use of a user name and password. The confidentiality of the user name, password and account itself is the responsibility of the user. Any activities that occur under users’ accounts are their responsibility. You agree to notify Hype Web Design LTD immediately of any unauthorized use of accounts or any other breach of security. The use of another person’s username and password is expressly prohibited.
You acknowledge that the use of a username and password is an adequate form of security. You are solely responsible for (1) authorizing, monitoring, controlling access to and maintaining strict confidentiality of your user name and password, (2) not allowing another person to use your username or password, (3) any changes or damage that may be incurred as a result of your neglect to maintain the strict confidentiality of your username and password, and (4) promptly informing Hype Web Design LTD in writing of any need to deactivate a username due to security concerns or otherwise. Hype Web Design LTD is not liable for any harm related to the misuse or theft of usernames or passwords, disclosure of usernames or passwords, or your authorization to allow another person or entity to access and use Hype Web Design LTD’s Client Portal using your username or password. You shall immediately notify Hype Web Design LTD of any unauthorized use of your username or password and any breach of confidentiality. Until Hype Web Design LTD receives this notification from you, you will be held liable for any harm ensuing from the use of your username on Hype Web Design LTD’s Client Portal.
Hype Web Design LTD will use its best efforts to make the Client Portal secure from unauthorized access. The Client Portal will require industry-standard 128bit encryption on all communications between your device and the Client Portal server. The Client Portal server operating system and applications software will be updated and virus-scanned regularly. However, you recognize that no completely secure system for electronic data transfer has yet been devised.
Hype Web Design LTD MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EFFICACY OF THE SECURITY OF THE CLIENT PORTAL AND SHALL NEVER BE LIABLE FOR ANY CLAIMED ACTUAL OR CONSEQUENTIAL DAMAGES ARISING FROM ANY BREACH OR ALLEGED BREACH OF SECURITY OF THE CLIENT PORTAL.
Termination of Login Account
You agree to notify Hype Web Design LTD immediately when your account is to be terminated. Hype Web Design LTD will make every effort to terminate access immediately. However, you cannot be assured that access has been terminated until you receive confirmation of the termination from Hype Web Design LTD.
Accuracy of Content and Liability Disclaimer
To the maximum extent permitted by applicable law, all such information, software, documents, and communications are provided “as is" without warranty or condition of any kind. Hype Web Design LTD and its suppliers hereby disclaim all warranties and conditions with regard to such information, software, documents, and communications, including without limitation, all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Hype Web Design LTD, or its suppliers, be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other damages whatsoever, including without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with your use or the performance of the portal, with the delay or inability to use the portal or related services, whether based in contract, tort, negligence, strict liability, or otherwise, even if Hype Web Design LTD or its suppliers has been advised of the possibility of damages.
Changes to Terms and Conditions of Use
Hype Web Design LTD reserves the right to modify the terms, conditions, and notices under which the portal is offered. Your continued use of Hype Web Design LTD’s Client Portal after the posting of any amended terms and conditions shall constitute your agreement to be bound by any such changes. Confidentiality, Information Protection, and Protection of Data Notwithstanding any existing legal or contractual obligations regarding confidentiality between you and Hype Web Design LTD, you undertake to treat all knowledge relating to business secrets, which come into your possession, as confidential. You shall assure that any protected data, which comes into your possession through the use of the portal, is not transmitted to any unauthorized person. In partial consideration of the opportunity to access the resources of the portal concerning your account, you agree to maintain the strict confidentiality of access of the portal and its data to you.
This is the entire agreement between Hype Web Design LTD and you regarding its subject matter. This Agreement does not modify or affect any existing or future engagement letter or agreement between Hype Web Design LTD and you.
Term and Termination
This Agreement and the services contemplated by it may be terminated by either Hype Web Design LTD or Client with or without notice at any time. Hype Web Design LTD may at any time terminate in whole or in part Hype Web Design LTD’s Client Portal without notice or liability.
By completing the site registration, you hereby acknowledge that you have read the Terms and Conditions portion of this document and that you agree to these terms and conditions. This agreement does not modify or affect any existing or future engagement letter or agreement between you and Hype Web Design LTD.