Terms and conditions
The "Subscription Agreement" and these "Terms and Conditions" which form an integral part of the Agreement, are valid upon execution by the member, customer or the customer's agents, licensees, members, clients, employees, associates etc. as a result of this collectively referred to as the "customer".
Abian Design Studio (ADS) agrees to provide, and the customer agrees to accept the services listed in this Agreement and to pay all charges as listed on any Rate Schedules, as may be detailed in pages on this website, as well as any other applicable charges as are specified in this Agreement. Most services provided by ADS may be prepaid. However, where appropriate, ADS will provide monthly invoices, covering designated 30 day periods, due and payable upon receipt. Where applicable, and when an invoice is issued, a late payment charge will be applied on balances that remain unpaid 30 days following the invoice date, in the amount to the lesser of (1) 1.5 per cent per month of the amount of the late payment, starting from the invoice date; or (2) the maximum allowed under applicable law. Questions concerning any invoice must be brought to the attention of ADS within ten days of the invoice date. If the customer fails to notify ADS of any errors on the invoice, ADS has the right to debit the customer's account automatically for the invoice amount.
The customer authorises ADS, or its nominated agent, to automatically debit the customer's Credit Card, Debit Account or Prepaid Account to cover the balance due on any invoice for the entire amount debited in USD, Euro, AUD or any other applicable currency. ADS may present this Agreement to institutions or firms that must honour the International Credit Card arrangement, and they are authorised to honour the same. The customer may terminate this Credit Card, Debit Account or Prepaid Account arrangement by notifying ADS in writing at least 30 days prior to termination. ADS reserves the right to terminate this Agreement upon notice to the customer. Branded ADS websites may have differing arrangements.
ADS may provide telephony service through international long-distance telecommunications carriers and, as a result of this, reserves the right to change or add another carrier to the service at any time and its sole and absolute discretion.
Changes in the service:
Within 30 days of the execution, ADS may notify the customer of any change or suspension of services or these terms and conditions changes. This notification will be endorsed on the invoice. After this notification, the customer's continued use of the service will be deemed as the customer's acceptance of the change or suspensions of services or changes of these terms and conditions. Branded ADS websites may have differing arrangements.
Dues and Rates:
International call rates, Communication services, Unified Messaging services, the cost of local calls, Credit Card dues and surcharge fees are subject to change without notice.
ADS may require a security deposit to guarantee payment of any amount for some products or services, which may become due. ADS may require an additional deposit if the monthly usage exceeds the initial deposit amount. This deposit is non-interest bearing and shall be refunded upon the customer's written request within 30 days of service cancellation. Any deposit balance remaining after settlement of any indebtedness owed by the customer will be fully refundable.
All RSS service feeds are provided on an online and as-is basis. ADS will not accept any liability for our RSS feeds.
Responsibilities, losses and thefts:
The authorised customer understands and agrees that any ADS PrePaid cards are confidential and non-transferable and that the customer is solely responsible for the use of the service and co-use of the cards, inclusive of any unauthorised use. In case of fraud, loss or theft of the card, the customer must immediately notify and inform ADS.
The customer may cancel this Agreement at any time upon 30 days advance written notice to ADS. Branded ADS websites may have differing arrangements.
All services are provided online and thus have no return policy. Branded ADS websites may have differing arrangements.
This Agreement shall be construed and governed following the laws to be nominated by ADS. If any provision of this Agreement is held to be invalid, void, voidable, or for some other reason unenforceable, then, in that event, all of the other remaining provisions of this Agreement shall nevertheless continue to be binding and in full force and effect on the parties hereto. ADS shall specify the venue for the enforcement of the terms and conditions of this Agreement.
ADS does not guarantee the service's quality and efficiency, and the customer accepts the service without any guarantees. Furthermore, ADS shall not be liable for any consequential, indirect, special, incidental or other damages whatsoever arising from any failures, interruptions or deficiencies of services provided pursuant to this Agreement. ADS's liability for any interruptions, delays, errors, or defects in transmission, equipment or services provided to the customer under this Agreement shall be limited to an amount equal to ADS's charges incurred by the customer for the period of service during which such circumstances occurred.
If the customer is unable to access the service due to external causes (as an example, but not limited to acts of God), the customer could obtain international service through local international lines. Accordingly, ADS shall not be responsible to the customer for any damages or losses incurred. Furthermore, ADS shall not be responsible for any additional charges that a local telephone company or hotel affects the service the customer receives from his local company or any other vendor.
If a third party brings an action against the customer for anything relating to this service, the customer hereby agrees to indemnify and hold ADS harmless from any liability thereon. The customer shall also be responsible for paying any reasonable legal fees and costs incurred by ADS in defending any action filed by a third party.
Any notice required or permitted under this Agreement shall be sufficient, if in writing, and if sent by registered mail, certified mail, first-class mail or hand-delivered in the case of the customer to their last known address as shown on the database, books and records of ADS, or any other arrangement by mutual consent.
If a party hereof shall retain or engage any solicitor or solicitors to collect, enforce or protect its interest concerning this Agreement, the non-prevailing party in any court action shall pay all of the reasonable costs and expenses of such collection, enforcement or protection, including, and without limitation to, all reasonable solicitor's fees and court costs at the trial and appellate levels.
Successors and assigns:
This Agreement shall bind the successors, heirs and assigns of the customer. ADS reserves the right to assign or transfer any or all of its interest in this Agreement at any time without prior notice to the customer.
Currency of Information: