A. General

Global Nexchange Solutions' service ("Service") is offered to you upon your acceptance without modification of the terms and conditions contained herein. We may revise these Terms of Service at any time by updating this posting. You should visit this page periodically to review the Terms of Service, because they are binding on you. By contracting with us for our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

1. Links

Global Nexchange Solutions shall have the right to add the client’s Website or web pages to it’s link section on the Global Nexchange Solutions Website, and to show any or all parts of the client’s Website as an example of Global Nexchange Solutions' web pages or Website, or by showing the client’s Website on remote computers or in Global Nexchange Solutions’ portfolio. Global Nexchange Solutions reserves the right to place a icon and link that will redirect all visitors back to the Global Nexchange Solutions Website, on all web pages and websites that it creates and maintains for the client.

2. Privacy and Security

Global Nexchange Solutions takes the privacy and security of its customers and it self very seriously. Global Nexchange Solutions shall not disclose or reveal any information obtained from the client to any individual or other entity for the life of this contract or until it has been released to the public by the client. All passwords, high security issues, ways of operation, business practices and corporate secrets of the client, that is given to Global Nexchange Solutions, shall remain in the highest confidence and not revealed or given out by Global Nexchange Solutions. 

3. Copyright

Any image, graphics, sound, music, custom coding or scripts, text and any other material supplied by the Client to Global Nexchange Solutions will remain the property of it’s owner, whether it’s the client's or a 3rd party. Global Nexchange Solutions assumes, that any items or materials supplied by the client, for it’s web pages or Website, are legally and lawfully obtained by the client. The client shall assume all the legal rights and responsibilities of obtaining any materials that it supplies to Global Nexchange Solutions for it’s web pages. 

4. Web Server

The client will also provide Global Nexchange Solutions the location of the web Server that will be used for the maintenance of it’s Website or web pages. By providing, any passwords, codes, URLs, directories, FTP addresses, user names or any other information that is directly involved or needed in order for Global Nexchange Solutions performing it’s obligations to the client. the client or Global Nexchange Solutions shall also inform the client’s ISP or web Host of the fact that Global Nexchange Solutions is maintaining the client’s Website or web pages, and that the ISP shall allow Global Nexchange Solutions to work on and make changes on their servers or computers as needed.

5. Refunds

Global Nexchange Solutions will not give refunds or exchanges for any terminated or canceled contracts. If the contract is terminated for any reason, the client shall be billed for work not yet paid for, that was done by Global Nexchange Solutions.

6. Indemnification

You agrees that Global Nexchange Solutions, under any circumstances, shall not be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Global Nexchange Solutions at the time) which may exist in the Services or Global Nexchange Solutions' equipment used to provide the Services.

Under no circumstances, including negligence, shall Global Nexchange Solutions be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by You, any of your customers, any Reseller customers or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Global Nexchange Solutions has been advised of the possibility of such damages. No Global Nexchange Solutions Person shall be liable to You, any of your customers, any Reseller customers or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Global Nexchange Solutions' records, programs, equipment or services.

Notwithstanding anything to the contrary in this Agreement, Global Nexchange Solutions' maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by You for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.

7. Force Majeure

Global Nexchange Solutions shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services

8. Taxes and Levys

From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. the client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs.

9. Successors and assigns

This agreement shall be binding upon the heirs and assigns of the parties and shall be governed by and interpreted according to the laws of the State of Illinois.

10. Additional Fees

Global Nexchange Solutions reserves the right to charge the client all and any additional fees or expenses which might occur from the creation, maintenance or development of the client's Website or web pages, in which Global Nexchange Solutions incurs a cost or bill from an outside agency, organization, company or any other entity. This would include, but is not limited to: Obtaining specific licenses or copyrights, Obtaining specific softwares, or obtaining a web hosting for the client. Global Nexchange Solutions shall inform the client and receive written approval, by the client, before beginning any development or obtaining any services, equipment or software, that would require the need of an added Expense or Fee to the client.