PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
Any work by Be Smart Electrical™ is the Intellectual Property of Be Smart Electrical™. Any unauthorised use of this property may result in legal action.
Disclaimer & Limitation of Liability
To the full extent permitted by law we hereby exclude all conditions and warranties not expressly set out herein. Except as specifically set forth elsewhere in this agreement, we make or give no express or implied warrantiesincluding, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement, no oral or written information or advice give by us, our resellers, agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties hereby given, and you may not rely on any such information or advice.
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services shall be limited to the charges paid by you in respect of the services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever. In no event will Be Smart Electrical™ be liable to any party.
For any direct, indirect, special, punitive or consequential damages ( including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like ), or any other damages arising in any way out of the availability, use, reliance on, or inability to use “Be Smart Electrical” or any ‘information’, even if Be Smart Electrical™ shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise; or
For any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of any ‘information’.
You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us a third party resulting from the provision of services by us to you and your use of the server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses ( including reasonable legal costs and expenses ), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of you breach or non-observance of these terms.
We will take no liability for works not completed through lack of information supplied to us, any moneys accrued through the course of the unfinished works will be forfeit. Information must be supplied with-in 10 days of sign-up. When works are supplied for approval, it must be viewed and approved or disapproved with-in 3 days. In the case of either of the above not happening all moneys due including the full invoice amount is due and payable.
Change of Ownership
Our contracts are with the company and person(s) owning the business at the time of contracting our services, all contracts becomes null and void if the business is sold, and a new contract(s) will be negotiated with the new owner(s).
If you have any questions or comments related to our terms and conditions, please contact us.