General Terms and Conditions

1. Indemnity

   • The Client hereby expressly indemnifies and holds FastSites , its officials, its business associations and its business partners of whatsoever nature, harmless from any loss, liability or expense the Client may  urs or suffers, of whatsoever nature and howsoever arising, pursuant to the introductory and/or negotiation and/or facilitation services FastSites FastSites . may provides to the Client in the Client's desire to procure certain, or alternatively, specific corporate resources from sources known or associated to

2. Termination

   • The Client hereby acknowledges and agrees that FastSites FastSites FastSites may terminate its services or involvement with the Client, at any stage or at any time during the introductory and/or negotiation and/or facilitation process, by giving the Client written notice thereof, without having to provide the Client with any specific explanation or reason, or without having any legal or financial obligation or liability towards the Client of whatsoever nature, under the following conditions:

     • Any breach in this contract

     • Outstanding payments

3. Website Development Quotations

   • The Client warrants and agrees that FastSites has made the Client aware and that the Client has been informed of the following fundamental facts and conditions, which the Client fully understands:

   • FastSites uses technologies and methods that make web development faster but automates many parts of the process. Therefore the Client agrees that FastSites will not modify the parts of the website up to full customization, s e it would make the development slow and  ur prejudice to itself.

     • FastSites offers an one-time  luded opportunity for the Client to ask for small customizations and minor changes in the website. If it's clear the website quality is not good for the reasonable web standards, FastSites can make modifications to the website until it is good enough. Otherwise, FastSites reserves the right to charge extra for any repeated quality improvements. S e there isn't a unit to measure the quality of a website, it is extremely difficult to give any quotation based on quality. Therefore unless clearly specified (for example via benchmarks or ratings), all website quotations with respect to quality are only estimations

     • The Client agrees to leave a link back to FastSites in the footer of the page.
       

   • In general, unless explicitly specified, work cannot be assumed that it is  luded in any quotation. The following are typical examples:

   • • The Client is expected to supply all content (text information) for your website. Unless specified, writing of website content (for example articles) or any professional text editing is not  luded in any quotations.

     • Taking of photos or recording videos is not  luded in quotations, unless specified.

     • Training is not  luded by default.

   • Unless explicitly specified, the following will be assumed regarding copyright of all software code and media (graphics, animations and video) developed by FastSites :

   • • It will remain the sole intellectual property of FastSites

     • The Client will have unlimited usage rights

     • The Client will have no resell rights

   • Unless explicitly specified, the following will be assumed regarding copyright of all software code and media (graphics, animations and video) that is part of the Components and Modules used by FastSites :

   • • Their license is stated by their own creators, and their integration and use to the Client's website complies with it

     • The Client will have unlimited usage rights, but cannot change the code unless stated in the license
     • The Client will have no resell rights

   • This excludes any undeveloped data supplied by the Client which will remain the sole property of the Client.

4. Confidentiality and Proprietary Rights

   • As used herein, "Confidential Information" shall mean any and all technical or business information,  luding third party information, furnished in connection with this Agreement, in whatever tangible form or medium, or disclosed by Client to FastSites ( luding, but not limited to, product/service specifications, prototypes, computer files and programs, models, drawings, marketing plans, financial data and personnel statistics).

   • Notwithstanding the termination, expiration or cancellation of this Agreement, FastSites agrees to treat such Confidential Information as confidential for a period of three years from the date of receipt of same unless otherwise agreed to in writing by Client, and that during such period shall use same solely for the purposes of this Agreement unless otherwise allowed herein or by written permission of Client.' In handling the Confidential Information, agrees:' (1) not to copy such Confidential Information unless specifically authorized; (2) not to make disclosure of any such Confidential Information to anyone except employees and independent contractors and subcontractors to whom disclosure is necessary for the purposes set forth above; and (3) to appropriately notify such employees and independent contractors and subcontractors that the disclosure is made in confidence and shall be kept in confidence in accordance with this Agreement.' The obligations set forth herein shall be satisfied by through the exercise of at least the same degree of care used to restrict disclosure and use of its own information of like importance but not less than a reasonable degree of care.' Notwithstanding any other provisions of this Article, Confidential Information may be disclosed as may be required by law, regulation or court or agency order or demand, after prompt prior notification to the Client of such required disclosure.

   • FastSites agrees that in the event permission is granted by Client to copy Confidential Information, or that copying is otherwise permitted hereunder, each such copy shall contain and state the same confidential or proprietary notices or legends, if any, which appear on the original.' Nothing herein shall be construed as granting to either party any right or license under any copyrights, inventions, or patents now or hereafter owned or controlled by the other party.' Upon termination, cancellation or expiration of this Agreement for any reason or upon request of the disclosing party, all Confidential Information, together with any copies of same as may be authorized herein, shall be returned to the Client.

   • The obligations imposed in this Article shall not apply to any information that:' (1) is already in the possession of or is independently developed by the receiving party; or (2) is or becomes publicly available through no fault of the receiving party; or (3) is obtained by the receiving party from a third person without breach by such third person of an obligation of confidence with respect to the Confidential Information disclosed; or (4) is required to be disclosed pursuant to the lawful order of a government agency or disclosure is required by operation of the law.

   • The requirements of use and confidentiality set forth herein shall survive the expiration, termination or cancellation of this Agreement.

5. Warranty

   • Disclaimers: Client represents and warrants to FastSites that Client has the power and authority to enter into and perform its obligations under this Agreement

   • 1. FastSites shall perform all Services in a good and workmanlike manner in accordance with industry standards.

     2. FastSites hereby warrants that the provision of the Services shall meet the requirements and perform the operations and functions in accordance with the order information.

     3. FastSites makes no representations or warranties, express or implied, with respect to the Product described herein,  luding without limitation, any representations or warranties concerning the design, use or performance of any such Product or any implied warranty of merchantability or fitness for a particular purpose.

     4. Products are sold 'as is' and the Client assumes the entire risk as to their quality, performance or suitability. In no event will FastSites FastSites be liable to Client under any Order for direct, indirect, special,  idental or consequential damages (such as loss of profits) resulting from any defect in the Services or the Products, their documentation or their installation, even if advised of the possibility of such damage. In particular, does not warrant that the operation or use of the Product will be error free and uninterrupted.

6. Limitation of Liability and Disclaimers

   • Security: Client is solely responsible for the security, confidentiality and integrity of all messages and the content received, transmitted through or stored on any email/web hosting or server hosting service (the 'Hosting Service'). Client is solely responsible for any authorized or unauthorized access to Client's accounts by any person. Client agrees to bear all responsibility for the confidentiality of any passwords and all use or charges  urred from use of the Hosting Service with Client's password.

   • Privacy: It is the policy of FastSites to: (i) comply with legal process or other legal requirements of any relevant authority; (ii) protect and defend the rights or property of Hosting Services other than Client or any other person. Client acknowledges and agrees that Client's IP address is transmitted and recorded with each message sent from the Hosting Service. (iii) enforce the terms of a Task Order, this Agreement or these Terms and Conditions; or (iv) protect the interests of users of FastSites to respect Client's privacy. will not monitor, edit, or disclose any personal information about Client's accounts,  luding hosted content, without Client's prior consent, unless has a good faith belief that such action is necessary.

7. Invoicing and Payment:

   • FastSites shall invoice the Client once, in the act of the purchase, and the development process will start right after that with the availability of the website information form for the Client to fill.

   • FastSites will handle JustHost webhosting for 1 year, and the Client will have to remove FastSites 's payment information from its account and add it's own payment information right after the website is ready to go online, or else the website won't be set online no matter if the 3 commercial days are gone, and FastSites won't be held responsible for that. After the change is made, FastSites will not be responsible for anything between the Client and JustHost. If the Client doesn't make the change, his or her website will be set online after 1 month, and if after 1 year the Client still doesn't make the change then JustHost account will be terminated and the website will be taken offline.
   • About JustHost, the Client must comply with the following:
     • For JustHost's terms and conditions, see http://www.justhost.com/terms-and-conditions?hidenav.
     • If the Client decides not to take JustHost as webhost FastSites reserves to the right of charging more due to the advantage it will not have for being affiliates with JustHost.
     • The free JustHost accounts are limited to 1 Just Host account per user, no matter the amount of websites ordered by the user.

8. Refund policy

   At FastSites we are committed to providing a service of good quality and reliability in three business days, according to the brazilian official calendar. In the event you are not satisfied with your order, this document explains our refund policy. Prior to ordering, to help ensure that our service meets your requirements, please refer to our service details for comprehensive information on all features offered under each plan. To help you make the right decision, you can also contact a customer service representative to discuss your online needs.

   All services are done in good faith. All feasible measures are taken to ensure that all websites will be delivered in due time. However, if it the website isn't delivered after 72-hours from the time the Client sent all the website information and pictures through the form provided in the website Client Area and referred to in the Purchase Confirmation E-mail and it is stated that it was due to FastSites 's fault, the Client can cancel the order and have the full value paid to FastSites back.

   If the Client chooses to ask for refund, the value paid will be transferred back to the Client, the contract will be terminated and the website produced will not be delivered.

   Refunds are only possible if FastSites 's makes the website is very different from what the Client specified in the website information form, is unable to render the services to you in due time and this will be determined by the date and time recorded by our e-mail server for the Client's website information form completion confirmation e-mail.

   You are not entitled to a refund of any of our services if you:

   • Simply change your mind or no longer want the services
   • Realise you can't afford the services;
   • Found the same services at a cheaper price elsewhere;
   • Choose the wrong specifications for the service;
   • Knew about the particular fault prior to purchase; and/or

   • Were responsible for causing the fault.

   If you are entitled to a refund, you can choose between a refund, exchange or we may attempt to correct the problem for you. All refunds must be paid using the means the Client used to pay for the services.

9. Governing Law:

   • The validity, interpretation and performance of the rights and obligations of the Client and FastSites are governed by the laws of Brazil without regard to its rules concerning conflicts of law. The parties hereto irrevocably consent to suit and submit to the jurisdiction of the courts located in Brazil.