Terms Of Service

All sales are final once the product has been downloaded by the customer.  Refunds or exchanges are only approved if the products in the order have not been downloaded.  Once the product has been downloaded the order is considered to be “Opened” and is not able to be refunded or returned.

Terms of Service

Please review the following Terms of Service carefully. These Terms of Service govern your access and use of this website, and the products and services offered on this website. By accessing or using this website you agree to be bound by these Terms of Service and to any additional guidelines, restrictions or rules that may be posted in connection with specific sections, services or products on this website.  All such additional posted guidelines, restrictions, or rules are part of reference into these Terms of Service.  If you browse and use this website or make any purchase, you agree to comply with and be bound by these Terms of Service, which together with our privacy policy govern Smartele Engineering P.C relationship with you. 

The term “banner-banner.com”, “us” or “we” refers to the owner and operator of the website at SMARTELE engineering P.C.

 

1.  Changes to Website and Terms of Service

SMARTELE reserves the right to make changes to this Website and to these Terms of Service at any time without prior notice. You should review these Terms of Service each time you access this Website.  Moreover you agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to an e-mail address that you may have provided to us.  Last but not least you may withdraw your consent to receive communications from us electronically by contacting us.

2.  Use of Content and Materials on Website 

All of the content on this Website, including, but not limited to, the templates, designs, fonts, images, layout, look, appearance, graphics, and trademarks are property of SMARTELE or by third parties who have licensed such content to us.  The templates available on this Website are for designing, manipulating, editing, publishing, printing, compositing, and annotating graphics, images and text (“Templates”) by our staff.  You are prohibited from (i) reproducing, publishing, modifying, altering or misappropriating the Templates on the Website.  You are able to insert, manipulate, edit, publish, print or annotate your own graphics, images, and text using the Templates, such use shall hereinafter be referred to as “Finished Products”; (ii) reproducing, publishing, modifying, altering or misappropriating the Website or any content or images on the website; (iii) creating or redistributing derivative works based on the Website, any content or images on the website, or the Templates.

YOU DO NOT HAVE THE RIGHT TO RESELL the Finished Products or the Templates.  

None of the content on this Website may be used for any unlawful purpose or to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property rights of any person or entity.  You agree that you will not use the Website, Templates or any other products or services on the Website in any way that is offensive, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. SMARTELE may terminate its services to customers found to be using SMARTELE Designs to engage in undesirable or unlawful activities. 

3.  Disclaimers and Limitations on Liability 

THE WEBSITE, AND ITS CONTENT, TEMPLATES, PRODUCTS, AND SERVICES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  SMARTELE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER WARRANTIES WITH RESPECT TO THE WEBSITE, TEMPLATES, OR OTHER PRODUCTS AND SERVICES ON THE WEBSITE, INCLUDING THAT THE TEMPLATES OR FINISHED PRODUCTS WILL BE ERROR FREE OR THAT THE TEMPLATES OR FINISHED PRODUCTS WILL MEET YOUR SPECIFIC REQUIREMENTS.  SMARTELE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR CONTENT CONTAINED ON THE WEBSITE. 

IN NO EVENT SHALL SMARTELE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES.  WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE, OR FAILURE TO PROVIDE PRODUCTS OR SERVICES BY SMARTELE, WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES. 

IN ANY CASE,
banner-banner.com’S TOTAL, CUMULATIVE LIABILITY UNDER THE Terms of Service SHALL NOT EXCEED ANY FEES/PAYMENTS RECEIVED BY SMARTELE FROM YOU FOR USING THE WEBSITE OR PRODUCTS AND SERVICES ON THE WEBSITE.  THIS LIMITATION WILL APPLY, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF WHETHER A CLAIM OR ACTION SOUNDS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL THEORY.  

PLEASE NOTE THAT SOME OF THESE LIMITATIONS ON LIABILITY MAY NOT BE ENFORCEABLE IN SOME STATES, AND IF SO, THEY ARE NOT APPLICABLE TO YOU.  YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. 

YOU ACKNOWLEDGE AND AGREE THAT SMARTELE WOULD NOT HAVE POSTED THIS SITE BUT FOR THESE DISCLAIMERS OF LIABILITY, AND AGREE THAT THESE TERMS ARE REASONABLE. 

4.  Links to this Website and to Other Websites

From time to time, this Website may also include links to other websites. These links are provided for your convenience to offer further information. We have no responsibility or control with respect to the content or availability of the linked website(s), or the privacy practices on such websites.  The inclusion of these links does not necessarily imply a recommendation or endorse the views expressed within them.

You may not create a link to this website from another website or document without banner-banner.com’s prior written consent.  Other websites may provide links to this Website with or without our authorization.  We do not endorse such websites, and are not and shall not be responsible or liable for any links from those sites to this Website. For any content, advertising, products or other materials available on or through such other websites, or any loss or damages incurred in connection therewith.  We shall have the right, at any time and in our sole discretion, to block links to this Website through technological means without prior notice.

 

5.  Terms and Conditions of Sale
A.  Payment Terms.

Our shopping cart is set up to accept credit card and e-check payments via Paypal and Stripe. Paypal allows you to pay with a credit/debit card, checking account, or funds in your Paypal account.  

B. Delivery Terms.

Once your payment is processed a graphic designer of banner-banner.com will come in contact with you and he will ask you for the details of our offering services. According to your desirable choices the staff will delivery to you the Finished Product inside 24 hours from the moment of purchasing.

C. Return Policies; Exchanges.

Due to the digital nature of our products, all sales are final. We do not accept any returns or offer any refunds. You acknowledge that all products on the Website are non-refundable and not returnable, under any circumstances.

D. Replacement Policy.

Please back up the Templates that you have downloaded from the links we send to you for archival purposes. If you fail to do so, we cannot guarantee that the exact volumes will be available in the future, as our design library evolves. 

If you have purchased Templates from this Website, we will resend the links for download for free ONLY if you are able to verify your purchase. You will need to provide us with your receipt via email (PayPal receipt, credit card receipt, etc). Otherwise, you will need to provide us with the following information date of purchase, email address used for payment. We will not search through our transactions to locate your purchases. 

If you cannot provide your proof of purchase information listed above, we will not resend the links for download. 

E. Service and Support.

We provide advice for how to use with our products. We DO NOT provide Photoshop technical support. 

7.  Privacy Policy 

Please refer to our privacy policy for information on how we collect and use personal information provided by you. Your use of any information or materials on this website signifies your acknowledgment of, and agreement to our  privacy policy  We are committed to ensuring that your information is secure.  In order to prevent unauthorized access or disclosure we have put in place industry standard electronic and managerial procedures to secure the information we collect online. 

8.  Copyright Notice  

Copyright © 2018 SMARTELE engineering P.C. .  All rights reserved. 

9.  Trademarks  

banner-banner.com is trademark and service marks of SMARTELE Engineering

10.  Jurisdiction and Disputes 

Unauthorized use of this Website may give rise to a claim by SMARTELE against you for damages and/or be a criminal offense.  These Terms of Service are governed by the laws of Greece, which have sole and exclusive jurisdiction to resolve any actions or claims arising out of or in connection with your use of the Website and the products and services on the Website, and your breach of these Terms of Service.  You agree to submit to the jurisdiction of such courts. 

11.  Indemnity 

You agree to indemnify and hold SMARTELE and affiliates, and their partners and employees, harmless from any loss, liability, claim, or demand. These might made by any third party due to or arising out of your use of the Website, products and services on this Website that is in violation of these Terms of Service.

12.  Miscellaneous 

If you use the Templates, products and services on this Website, you accept these Terms of Service. The Terms of Service and Privacy Policy constitute the entire agreement of the parties with respect to your use of the Website, and the Templates, products and services on this Website.    No waiver by banner-banner.com of any term in these Terms of Service constitutes a waiver of any other right, or right to enforce any subsequent breach of the Terms of Service.  In the event SMARTELE is forced to enforce its rights against you, in addition to any other remedies, you agree to pay banner-banner.com’s reasonable costs, including attorneys’ fees and costs of suit.