Terms of Sale

Terms and Conditions of Sale

Sale and Purchase of Goods & Services
MobileSupporter.com ("Seller") hereby agrees to sell and you ("Buyer") hereby agree to purchase goods and/or services of the description and quantity described on the checkout window ("Checkout"), and by entering the "Checkout", Buyer agrees on the terms and conditions set forth in this Agreement as well as in Seller's Terms of Use.

Purchase Price
You ("Buyer") agree to pay the purchase price of goods and/or services as posted on the "Checkout".

Payment Terms
MobileSupporter.com ("Seller") will always provide a project quotation whether concerning a small or large project. Seller requires an advance deposit of 50% of the estimated project fee. Upon completion of the project, Seller will issue an invoice with a detailed breakdown of expenditure less the deposit. The invoice is due upon receipt. Full payment is due prior to release of work product(s).

Payment Method
MobileSupporter.com ("Seller") prefers to receive payments through PayPal. However, Seller will consider other payment methods on case-by-case basis. Please contact Seller here if Buyer prefers to use other payment methods. When Buyer chooses other payment methods (i.e., money order, wire transfer), Seller will only begin to work on the project upon receipt of Buyer’s deposit payment. Seller will notify Buyer once they have received the deposit.

Method of Delivery
MobileSupporter.com ("Seller") delivers work primarily via email or fax. If Buyer prefers using CD or 1st class mail, Seller will be able to do so (subject to an additional fee). Unless otherwise agreed in writing, Buyer accepts to have delivery in accordance with Seller's shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver according to the estimated date, but Seller will not be liable for failure to deliver as estimated. Buyer also agrees to have goods packaged according to Seller's standards and practices unless Buyer requests otherwise.

Limited Warranty
Seller offers one-month warranty for the following:
- Mobile Design
- Mobile Landing Pages The warranties provided for herein shall be governed by Seller's warranty policies   in effect on the date of shipment.

Disclaimer of Warranty/Limitation of Liability
Buyer hereby agrees that Seller undertakes no responsibility for the quality of the goods and/or services or that the goods and/or services will be fit for any particular purpose for which Buyer may be buying the goods and/or services. Seller disclaims all other warranties and conditions, express or implied. SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE.

IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.

SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.

Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the goods and/or services in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labour dispute, fire or other damage to or destruction of, in whole or in part, the goods or the manufacturing facility for the goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency or circumstance that affects the performance of its obligations.

Others
Buyer may not assign this Agreement without Seller's written consent. Seller is the sole intended beneficiary of this Agreement. These Terms of Sale may not be altered, supplemented or amended by the use of any other document(s). It shall be null and void if there is any attempt to alter, supplement or amend this document unless otherwise agreed to in a written agreement signed by you and us. In case some provisions of this Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Buyer agrees that if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable, and the remaining portions shall remain in full force and effect. This Agreement shall be interpreted under the laws of the Province of Ontario, Canada without giving effect to conflict-of-law rules; and in the event of a dispute under this Agreement, Buyer agrees to use arbitration as mentioned in the Terms of Use and hereby waives any objection to use different jurisdiction and venue.

Last modified. These Terms and Conditions of Sale were last updated on January 31, 2013

Why do you need a mobile site?

Regular websites is not aimed for mobile devices.

Mobile devices do not allow regular websites to load on their phones because the devices are never designed to load that much information.

Mobile devices are never designed to load Flash.

So, if your website has a flash, mobile device users cannot view your site. That means you are losing potential customers.

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