By utilizing the Substance01 web sites (www.substance01.com, www.trialabs.com, www.sybexindia.com), design services and/or submitting a project via e-mail, quote request form, phone, fax or in person, to Substance01, you (THE CLIENT) agree to the Terms and Conditions of Use (TERMS AND CONDITIONS) as outlined below. Please acquaint yourself with our TERMS AND CONDITIONS before submitting any order for any service type (THE PROJECT) offered by Substance01. If you do not accept these Terms and Conditions, you may not use Substance01 services, studio or web site(s).

1. Authorization.

The client is engaging Substance01 as an independent contractor for the specific project of developing and/or improving a MySpace profile account. The client hereby authorizes Substance01 to access this account, and authorizes the web hosting service to provide Substance01 with “write permission” for the client’s webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes Substance01 to publicize their completed webpage to Web search engines, as well as other Web directories and indexes.

2. Acceptable Payment.

Substance01 accepts major credit cards processed via PayPal virtual terminal only. Initial design or any other service order processed via Pay Pal authorizes Substance01 to accept directly deposit payments, progress payments and/or balance payments of agreed-upon services. Services requested by the client by phone or email beyond those detailed in an order form are subject to these terms & conditions. Payment options can be agreed upon in writing, including email correspondence.

3. Unprofessional Conduct.

Substance01 reserves the right to refuse service to the client should the client engage in unprofessional conduct with Substance01 or its subcontractors. Unprofessional behaviors may include but are not limited to profanity, discrimination, harassment, threats of slander, libel or blackmail, or unethical practice. If a client engages in any of these or other unprofessional practices, Substance01 will halt work immediately and resolve unfinished work based on the writen agreement between the Client and Substance01.

4. Legalities.

Notwithstanding anything to the contrary contained in this contract, neither Substance01 nor any of its employees or agents, warrants that the functions contained in the Web /Myspace profile design Project will be uninterrupted or error-free. In no event will Substance01 be liable to the client or any third party for any damages, including any lost data or profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the website, even if Substance01 has been advised of the possibility of such damages. That said, Substance01 will take all reasonable action to ensure that the client’s web service needs are fairly met. By accepting the service agreement, the client accept also the MySpace terms of use as such damages maybe caused mostly by the updates of functionality by MySpace scripting it self.

5. Electronic Commerce Laws.

The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web/Myspace profile Design Project or any other services provided by Substance01, and will hold harmless, protect, and defend Substance01 and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

6. Copyrights and Trademarks.

The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork ( THE CONTENT) furnished to Substance01 for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, indemnify, protect, and defend Substance01 and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

7. Copyright to Webpages.

Copyright to the finished assembled work of webpages produced by Substance01 is owned by the client. Upon final payment of this contract, the client is assigned rights to use as a website the design and text contained in the finished assembled website/myspace profile. Substance01 retains the right to display graphics and other Web design elements as examples of work completed in its portfolios and marketing materials. Substance01 requires that our copyright notice(s) such as  within the source codes or CCL (creative common licences) remain untouched. Client agrees to not to reproduce, duplicate, copy, sell, resell or exploit any portion of, use or access to Substance01 Services (see “Design Credit” below).

8. Design Credit.

A link to Substance01 will appear in small unobtrusive type within the footer of the client’s Web site/ Myspace Profile. Client acknowledges and agrees that Substance01 Services may contain proprietary and confidential information that is protected by intellectual and proprietary rights laws. Substance01 requires that all pages visibly display our copyright notices and/or link on the profile. Substance01 requires that our copyright notice(s) such as  within the source codes or CCL (creative common licences) remain untouched. Client agrees to not to reproduce, duplicate, copy, sell, resell or exploit any portion of, use or access to Substance01 Services.

9. Browser Compatibility.

Substance01 tests web design/myspace profile functionality on Internet Explorer, Mozilla/FireFox via PC, and Safari via Mac. Substance01 cannot accept responsibility for incompatibility on dated browsers or lack of plug-ins/helper programs or any other 3th party applications if more advanced (non standards-compliant) technology is used.

10. Sole Agreement.

The Developer and the Client may have entered a contract for services or a Software Agreement, either prior to, in conjunction with, or subsequent to the Client’s acceptance of these Terms and Conditions. The Client accepts the Developer’s Terms and Conditions as they may be included with this Agreement, or as they may be further amended, at the sole discretion of the Developer. A complete and correct copy of the Developer’s Terms and Conditions may be found at the Developer’s website www.sybexindia.com, or will be provided upon request. These Terms and Conditions shall be read and interpreted along with any such contract or Software Agreement entered by the Developer and the Client. In the event that the provisions of these Terms and Conditions conflict with those of the contract or those of the Software Agreement, the contract, or the Software Agreement, shall control.

11. Initial Payment & Refund Policy.

The initial fee is due and billed in full at the time of the original sale. Failure to pay will result in ceasing completion of the service. Client requests for enhancements to the original site/page will be due and billed separately and at the time of request, unless an updating package was purchased. Substance01 reserves the right to change prices at any time including hourly design fees. 

Substance01 does not offer refunds on any design projects that have begun the designing process. Refunds will only be given proir to any initial creation, and you agree that Substance01 may keep 30% deposit to cover any fees incurred such as Paypal transaction fees as well as an administration and consulting fees. 

For other, non-design services of Substance01, the Developer shall prepare and deliver an accounting of the work completed as of the date of the client’s request. Work completed shall be billed at an hourly rate of $45 for administrative support and $70 for consulting, this administration and consulting fee covers any research time and/or hourly rate of the project. The total shall be deducted from payments previously made by the Client, and the balance of said payments returned to the Client. If, at the time of the Client’s request, the prepared accounting shows that work has been completed which is greater in value than the Client’s previous payments, the Client shall be liable for the difference.

Substance01 reserves the right to collect late fees from non-paying clients at our discretion. Failure to complete payment for projects that have reached the final stage of completion will result in ceasing or removal of all Substance01 work until full payment is made. If client decides to hault or stop the project at hand, remaining payments will be due immediately. If Substance01 receives no response over a prolonged period of time regarding the project, all remaining payments will be due immediately. Client agrees to pay in a timely manner and recognizes Substance01’s no-tollerance payment schedule. Failure to meet these requirements may result in filing a report with a collections agency and legal action.

12. Website Change Requests During Design Process.

Substance01 agrees to build a Myspace profile to specifications quoted per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale prior to the custom Website going live will be billed at Substance01’ standard hourly rate ($45). Substance01 is not obligated to complete Client requests or changes outside of the scope of work or the original invoice quote. If Substance01 does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.

13. Interstate Communications.

The Client acknowledges that by using Subsance01 services you will be causing communications to be sent through Substance01 computer networks which may be located throughout Turkey, the United States and India. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Client acknowledges that use of Substance01 Services results in interstate data transmissions.

14. Third Party Services.

From time to time third parties may offer service to Substance01 Clients. Use of such third party services will be at your own risk and subject to the terms and conditions of those third parties. Substance01 does not represent and warrant that use or access to any third party services will be compatible, uninterrupted, error free, without defects or that you will be able to access Substance01 Services. You also agree that Substance01 is under no obligation to provide you with any enhancements, updates, or fixes to make Substance01 Services accessible through any third party applications.

15. Limitation of Liability.

YOU UNDERSTAND AND AGREE THAT SUBSTANCE01, IT’S SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, (EVEN IF SUBSTANCE01 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR INABILITY TO USE SUBSTANCE01 SERVICE, RELIANCE ON SUBSTANCE01 SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SUBSTANCE01 SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES.) THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH SUBSTANCE01 SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO SUBSTANCE01 SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO SUBSTANCE01 SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstance shall Substance01 be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualty, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. Substance01 full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to Substance01.

SUBSTANCE01 WILL NOT BE HELD RESPONSIBLE FOR CHANGES TO THE MYSPACE.COM DATABASE AND/OR PROFILE CODES. YOU UNDERSTAND THAT ANY DOWNTIME OR SUDDEN CHANGE TO THE WAY YOUR PROFILE IS DISPLAYED IS NOT A FAULT OF SUBSTANCE01, BUT A RESULT OF MYSPACE.COM UPGRADES. SUBSTANCE01 WILL NOT BE HELD RESPONSIBLE FOR THESE CHANGES NOR BE LIABLE TO REPAIR THE AFORMENTIONED CHANGES. YOU AGREE THAT ANY EDITS OR CHANGES INITIATED AFTER YOUR COMPLETED PROFILE HAS BEEN PUBLISHED TO MYSPACE.COM MAY RESULT IN ADDITIONAL PAYMENT AND ADMINISTRATIVE FEES. YOU ARE AWARE THAT NO REFUNDS WILL BE GIVEN WHATSOEVER IF THESE CHANGES OCCUR.

16. Jurisdiction.

The Terms and Conditions agreement shall be governed by the laws of the Republic of Turkey. All legal proceedings are to be submitted exclusively to the jurisdiction of the courts in the city of Antalya. Client agrees to binding arbitration if requested by Substance01.

17. General Information.

This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the Terms and Coditions). Any modifications to this agreement must be in writing and signed by an authorized officer of Substance01. All representations not in writing are null and void. Written agreements may include, but are not limited to e-mails and electronic acceptance of this Terms of Service.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.