Terms and Conditions
AGREEMENT BETWEEN USER AND VISUAL SOLUTIONS
“Visual Solutions”, “us”, “we” or “our” refers to Visual Solutions, Dallas, Texas USA.
“Site” refers to the website or websites owned and controlled by Visual Solutions.
“You” or “customer” refers to the person, company or organization that purchases a Visual Solutions product or service.
“Party” refers to us or you, depending on the context.
“Data Protection Legislation” refers to all applicable data protection laws, including the European Union’s GDPR.
“GDPR” refers to the General Data Protection Regulation ((EU) 2016/679).
DISCLAIMER OF WARRANTIES & LIABILITIES
Visual Solutions has used reasonable efforts in collecting and preparing information and material for the site, but does not warrant that the material and information is complete or accurate. The material and information may contain inaccuracies or typographical errors.
Visual Solutions makes no representations about the accuracy, completeness, reliability, or timeliness of the material or information. Changes are made to the site on a periodic basis and may be made at any time. Visual Solutions disclaims any and all liability to any individual, organization or other entity for any loss or damage caused by errors or omissions contained in, or associated with, the Visual Solutions SITE whether such errors or omissions arise from negligence, accident or any other cause.
THIS SITE AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO Visual Solutions, ITS SUPPLIERS, AGENTS, AND ITS AFFILIATES ARE PROVIDED ON AN AS IS AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USE OF THIS SITE IS AT YOUR OWN RISK.
IN NO EVENT SHALL Visual Solutions, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS ALLEGED TO HAVE RESULTED FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE.
LINKS TO THIRD PARTY SITES
The Visual Solutions Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Visual Solutions and Visual Solutions is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. If you decide to access these linked, third party web sites, you do so at your own risk. Visual Solutions may receive a commission on some or all of the sites it links to when a visitor referred by Visual Solutions makes a purchase, signs up for a trial, becomes a member, or any similar action on those sites.
Visual Solutions may discontinue or change the SERVICE, or its availability, at any time without notice. The rights and obligations of this Agreement are not assignable. If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect.
DATA PROTECTION FOR EU CUSTOMERS
The following sections apply to customers within the EU (European Union) for the purposes of compliance with GDPR. Any definitions used hereafter and not previously defined shall have the definition set out in the EU’s GDPR.
The customer and Visual Solutions acknowledge that as it pertains to Personal Data provided to us for the provision of product support, you are the Controller and we are the Processor, and that you retain control of the Personal Data and remain responsible for its compliance obligations under Data Protection Legislation. We may process the Personal Data that you provide to us only to the extent that it is strictly necessary under this Agreement and/or any further written instructions from you that are mutually agreed upon in writing. Each party agrees to comply with all applicable requirements of the Data Protection Legislation.
Further, both you and us agree keep all Personal Data confidential except as required by law. If either you or we are required by law, court, regulator or supervisory authority to process or disclose any Personal Data, each party shall first inform the other of this to enable the objection or challenge to the requirement, unless the law prohibits this disclosure.
OUR DATA PROTECTION OBLIGATIONS
Visual Solutions agrees that:
- We will implement appropriate technical and organizational measures in such a manner that processing will meet the requirements of Data Protection Legislation and ensure the protection of the rights of the Data Subject;
- We will only process the Personal Data on documented instructions from you, unless required to do so by Data Protection Legislation to which we are subject;
- We will ensure that persons authorized to process the personal data (such as its employees or contractors) have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
- At your request, we will delete or return all the Personal Data to you after the termination or expiry of this Agreement and delete existing copies (unless we are legally required to store the Personal Data);
- We will ensure that we have appropriate technical and organizational measures in place where, at our determination and discretion, this is reasonably and commercially possible, in order to fulfill obligations under Data Protection Legislation;
- Taking into account the nature of the processing, we will assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of your obligation to respond to requests for exercising the Data Subject’s rights under Data Protection Legislation;
- We will take reasonable steps to assist you in ensuring compliance with the obligations set out in Articles 32 to 36 of the GDPR (data breach) taking into account the nature of processing and the information available to the Processor;
- At our determination, or as compelled by Data Protection Legislation, we will take reasonable steps to assist you in ensuring compliance with the requirement to carry out Data Protection Impact Assessments as set out in Article 35 of GDPR, taking into account the nature of processing and the information available to the Processor;
- Where compelled to do so under Data Protection Legislation and not otherwise in accordance with the fulfillment of the Agreement, we will promptly comply with any request by or instruction from you to process the Personal Data, or to stop, mitigate or remedy any unauthorized processing;
YOUR DATA PROTECTION OBLIGATIONS
When you give us access to your personal data, you agree:
- That you have all necessary rights to provide us with the Personal Data for processing in connection with products or services provided by us.
- That you will not request of us, any processing of Personal Data that may infringe the Data Protection Legislation. Should you do so, we will decline your request and inform you why we have done so.
- That are you responsible for obtaining any consent from data subjects necessary for the processing that we undertake on your behalf;
- That you must determine the lawfulness of any processing and perform any required data protection impact assessments, and that you are accountable to any authority under the Data Protection Legislation;
- That you have put in place appropriate technical and organizational measures as required under the Data Protection Legislation. In the context of providing us with access to websites under your control, this may require you to hold suitable backups of data before you grant access to us.
Visual Solutions reserves the right, in its sole discretion, to terminate your access to the Visual Solutions Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Dallas County, Texas, U.S.A. in all disputes arising out of or relating to the use of the Visual Solutions Web Site. Use of the Visual Solutions Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Visual Solutions as a result of this agreement or use of the Visual Solutions Web Site.
Visual Solutions performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Visual Solutions right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Visual Solutions Web Site or information provided to or gathered by Visual Solutions with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Visual Solutions with respect to the Visual Solutions Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Visual Solutions with respect to the Visual Solutions Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents are drawn up in English.
SERVICE CONTACT: firstname.lastname@example.org
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Visual Solutions Web Site are: Copyright 2008-2018 Visual Solutions | Professional Website Designers and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Google, Divi, WordPress are trademarks or registered trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE ANY RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.