Terms & Conditions

Ofion offers different services and terms and conditions differ from service to services, there is however, general terms & conditions and more detailed individual services terms.

Terms and Conditions

Ofion services terms and conditions

The owner of this website is Ofion, registered tradename with VAT No MT21830433 and with registered address at:

Mary, Triq Dun Nerik Cordina Perez, Naxxar

  • You must have a unique email address to use our site. You agree that e-mail can be used as a means of communication, and you agree all notices made via e-mail satisfy any legal requirements that such notices be made in writing.
  • By singing up to your account, you are agreeing to receive our newsletter. You can unsubscribe from the newsletter separately, you agree and confirm that all details you provide to Ofion for the purpose of ordering or purchasing goods
    or services are correct.
  • You must choose a password to complete registration. You are responsible for all actions taken on our web site(s) under your unique email address and password and shall only use the Site under your own email address and you must make every effort to keep your password safe and should not disclose it to anyone, Ofion will never ask for your credentials and should someone contact you with this request pretending to be related to Ofion, kindly inform us and do not disclose them your details, you may not transfer or sell your email address to anyone, nor permit, either directly or
    indirectly, anyone to use your email address or password, should you decide to change the email, kindly contact us.
  • Should your password be compromised/forgotten simply click the ‘Forgot Password’ link and enter
    your email address. An email will be sent to you with a new password which you will be able to use to
    log in to your account. We suggest that you change your new password to some string that you can remember easily and that will not be easily compromised.
  • It is your responsibility to change and update your details on the website should anything change.
  • All personal information given will not be sold or transferred to the 3rd party. The information is necessary for
    us to perform our obligations to you as smoothly as possible. Please read our privacy policy for more information how we handle your data
  • Once you place your order for product and/or services of Ofion through our website or by contacting us, you are creating a contract of sale between yourself and Ofion.

Payments/Receipts

Payments can be made using one of the following methods:

  • Paypal
  • Cheque drawn on local bank delivered personally
  • Cash delivered personally

When you pay for an order, a receipt of payment email will be sent to your email address or in case that you are paying cash or by cheque, it will be given to you in person.

Deliveries & Collection

For Maltese addresses, your delivery is free of charge for orders above €100. Alternatively, there is a
€10 delivery charge for next day delivery. Delivery terms will be depending on each individual product or service. This also applies for international shipping but certain items will be only available locally. You will receive a notification email once items are due for delivery.

Returns Policy

If you feel you need to return an item you can do so within 14 days after you have received your item. Ensure that products are sent in their original packaging and that they are in excellent, working condition. This is valid for physical products only. Please note that you’ll need to cover the transport/ postage costs yourself. In case of customised and printed items return is not possible. Digital goods, subscriptions and services will each have their individual terms and conditions.

Terms and Conditions – Hosting and Cloud services

This policy represents the Ofion Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Ofion customers agree to when they sign-up for any of the Ofion services. Ofion reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.

Customers using any services offered by Ofion agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their services with Ofion. Ofion retains the sole discretion to make judgment regarding any violation by any Ofion customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer’s services without refund and/or, if deemed appropriate, be legally prosecuted.

We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We may occasionally notify you of changes or modifications to this Terms by email. It is therefore very important that you keep your account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

General Provisions

In consideration for Ofion maintaining one or more accounts (each “Account”), you, as the Ofion customer, agree to the following terms of service.

Definitions

  • “We” “Us” or “Provider” or “Ofion” – Ofion.com.mt.mt , (registered trademark Ofion).
  • “You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for internet service, printing services, IT services, purchasing products or is a designate of anyone who applies for any of our services.

Disclaimer of Warranty

The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.

Ofion shall pursue partnerships with all resource and channel available to maintain maximum uptime, however, Ofion is not responsible for any down time caused by any provider’s hardware or network malfunction which is outside of Ofion capability to directly correct. Ofion clients are diverse and their websites and the function of those websites are diverse and Ofion cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber-attack.

OFION MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Ofion nor anyone else involved in the provision of our Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Ofion, even if Ofion has been advised to the possibility of such damages.

Limitation of Liability

IN NO EVENT SHALL OFION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OFION SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OFION SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF OFION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OFION MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO OFION FOR THE SERVICES DURING THE PRIOR ONE (1) MONTH THIS IS AN AGGREGATE LIMIT AND REGARDLESS OF THE FOR OF ACTION TAKEN. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Indemnification

You agree to indemnify, defend and hold Ofion and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Ofion. servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Ofion. equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, gross negligence or wilful misconduct; and (d) any other damage arising from your equipment or your business.

Governing Law

All disagreements, issues or disputes arising from or related to the use of the Services and/or to the application, interpretation or construction of these Terms of Use shall be resolved in an amicable fashion.

 

Where no amicable settlement is reached within sixty (60) days, the disagreement, issue or dispute shall be referred to arbitration in terms of the Arbitration Act (Cap. 387 of the Laws of Malta).  The sixty days shall start to run from when either the Company or the User shall formally notify the other party in writing of the existence of a disagreement, issue or dispute.

Services Provided By Ofion

We offer varying plans of Hosting Services:

Cloud Server.  If you purchase a Cloud Server, you will share a server cluster with other customers, but you will have full control over your server space and the complete configuration of your virtual instance on the server. You will have administrator (root) access and a dedicated IP address.

Web Hosting.  If you purchase Web Hosting, your site is placed within one or more servers and resources are shared between many customers on the same servers; however, your site is given a unique address (DNS).

Virtual Private Server (“VPS”).  If you purchase VPS, you will share a server with other customers, but you will have full control over your server space and the complete configuration of your virtual instance on the server. You will have administrator (root) access and a dedicated IP address.

Dedicated Server.  If you purchase a Dedicated Server, an entire server is reserved exclusively for your account and usage. You will have exclusive rights to your server’s bandwidth, memory, and storage space, and your server’s performance will not be affected by traffic and the usage patterns of other customers.

Managed Hosting.  If you purchase Managed Hosting, you get all of the benefits of having your own VPS or Dedicated Server, but we will manage the server for you including setting up your control panel, patching cycles and back-ups.

Hosting Migrations.  If you have your domain name registered with us and the web hosting associated with the domain is provided by a third-party, we may, at your request and in our sole discretion, attempt to assist you to move the web hosting for the domain name to us (“Hosting Migration”).  Hosting Migrations are provided as a courtesy service, and we do not make any guarantee regarding the availability, possibility, or time required to complete a Hosting Migration.  Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make us unable to assist you in the transfer of data from a third-party host. 

You are solely responsible for reviewing the functionality and accuracy of migrated content in its new location following a Hosting Migration.  If you are satisfied with the data migration, you will need to update the DNS record for the domain name in order to publish the website in its new location.  We will not perform website backups or archives in connection with a Hosting Migration, and we recommend that you back up your third-party hosted website before migration to ensure that no data is lost.  You agree not to make any changes or revisions to your website during the migration process. 

You agree that we are not liable for any delay in website resolution or loss of data related to your Hosting Migration.  Hosting Migrations are not available for websites with over 5GB of data or more than 75,000 files.    

We may install a plugin on your external WordPress site for the purpose of facilitating your WordPress migration into our own Managed WordPress hosting environment. This plugin will not change anything on your source site. Its purpose is to facilitate the Hosting Migration of your WordPress files. You are welcome to disable the plugin on your source site after the Hosting Migration has been completed.

You acknowledge and agree that you shall NOT use our service in a manner, as determined by us in our sole and absolute discretion:

  • To display or advertise pornographic, X-rated, sexually explicit, or otherwise tasteless materials, images, products or services (including, but not limited to: massage, dating, escort or prostitution services); or
  • That uses pornographic, X-rated, sexually explicit keywords or images in video names, descriptions or listings.

Further, you are responsible for ensuring that any product posted for sale on your website is in compliance with all applicable laws and regulations where your items can be purchased. We reserve the right and sole discretion to determine whether the sale of any particular item is illegal or otherwise prohibited and/or cancel your Services.

Storage Capacity. The total amount of usable storage capacity for your particular Hosting Service(s) may differ from the represented capacity, as there is required space for the operating system(s), system file(s), and another supporting file(s).

Ofion will provide Internet server rental (“the Service”) to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Ofion members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Ofion members will use the provided services in a manner consistent with any and all applicable laws. Ofion provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. Ofion reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, Ofion can terminate client’s account without notification.

Ofion.com.mt provides timely website hosting support to our clients through emails, chat and phones. By accepting your client contract agreement with Ofion.com.mt.mt you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of Ofion.com.mt and any employee or contractor of Ofion.com.mt.

Ofion will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at any time by following the instructions at the bottom of those e-mails.

Client Content

Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of Ofion or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Ofion or any third party. Customers may not run IRC, bots or clients. Clients may not use Ofion servers for file storage unrelated to the client’s website, storage Space is for active website file pages only. Ofion’ shared hosting account holders may not act as a reseller, which means that clients may not host any websites in their addon domains that are not domains owned by the client on record at Ofion. You will need to opt-in for our reseller hosting service. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing websites. Ofion will be the sole and final arbiter as to what constitutes a violation of this policy. Ofion does not normally monitor the contents of clients servers, however if suspicion occurs, Ofion reserves the right to investigate and terminate the clients subscription to the service.

Unlimited Features

What do you mean by “unlimited disk space and bandwidth/data transfer”?

We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked “Unlimited”. We want you to have the resources available to you to build a great online presence.

Even though we want you to succeed, we need to ensure that we’re providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business website.

If a customer’s hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers beforehand, can occur without notice.

Excessive Resource User Policy

Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. Ofion offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that Ofion control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using “Excessive amounts of resources” when it consumes 100% of the allocated resources on the subscribed hosting plan and/or subscribed scalable resource add-on(s) and/or 75,000 files also known as “Computing Resources”, and/or “Resources”, and/or “Resource Usage”.  There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. Ofion will make every reasonable effort to notify customer prior to suspension, however, Ofion may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using “excessive resources” may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. Ofion will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel.

No “Spam”

UCE/UBE or “Spam” originating from a server located on our network or associated with a Ofion server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the Ofion network but is sent from an e-mail address not associated with that Ofion account. Client shall not use their Ofion services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Ofion reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.

Excessive Exploits

Ofion allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren’t included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” their site(s) it is the responsibility of our clients to either remove that script or Ofion.com.mt reserves the right to terminate that clients’ account and provide them with a prorated refund.

False Information

Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact Ofion concerning unethical, false or unlawful activities by you, Ofion reserve the right to suspend or terminate your service with or without notice.

Licensed Software Only

Client agrees to use only properly licensed third-party software in connection with Client’s use of the Services.

Backup Files

Ofion provides the tools needed to create back ups of account data. Ofion also backs up its servers and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Ofion does not provide or keep records or copies of our clients website files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.

Payment Obligations

Full payment is required in advance before hosting service is established. Ofion sends out invoices that are due every pay period. You are given thirty (30) days to fully pay the invoice.

You warrant and represent that the information you supply in the Order Form (or other information that Ofion may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client.s responsibility to ensure that payment is made to Ofion prior to the renewal date and although Ofion sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying Ofion, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and or service renewal is paid for in full.

Renewals

It is the obligation of the Ofion’ customers to know when their account comes up for renewal and, if their intention is to non-renew their account, they must fill out the Ofion cancellation form 5 business days prior to their account’s renewal date to ensure that the billing department can stop any renewal charges. Ofion’ clients receive email notifications 15 days prior to the renewal date of their account, informing them that their renewal date is approaching. It is the customer’s responsibility to ensure that Ofion has a valid email address for which notices can be sent to Ofion’ clients. If Ofion does not receive a cancellation request prior to the customer’s renewal, Ofion will renew the clients’ account 24 hours prior to the renewal date, and will apply charges as appropriate. Accounts will be automatically renewed and billed under the same time and fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). In the case of insufficient funds to charge such amount, you agree to allow Ofion to place your account on a recurring payment plan, wherein we will collect a partial term quantity to avoid an interruption in service and to protect against accidental loss of intellectual property such as, but not limited to, website data, domain registration, etc.

Late Fees

Clients have the option to pay an invoice at any time by logging into their Ofion account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than four days (the grace period), the account is automatically suspended and a €14.00 late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus €14.00 must be submitted to Ofion.

Currency

All prices listed are in Euros (€), for all services & server locations unless otherwise specified.

Coupon Use

Coupons are offered to customers from time to time. Use of 3rd party coupon applications which manipulate our pricing structure will not be accepted. Ofion has the right to refuse any coupon code that it believes to be invalid. Ofion will honour the lowest advertised price on our website located at https://www.Ofion.com.mt/ at the time of order.

Cancellation & Refunds

Should you become dissatisfied with our services within the first 30 days of your account activation, Ofion will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after the 30 days of account activation. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are as detailed on our Domain Prices Page. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Ofion hosting service within the 30 day money back guarantee.

In addition, refunds are not available for additional services such as, but not limited to domain names, dedicated IP’s, SSL certifiates, CDN, professional services, etc. Add-on services that are activated and are included in the hosting package will not be refundable if cancelled within 30-days.

Migration of Servers.  You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.

Termination of Services.  You acknowledge and agree that upon expiration or termination of your Services, you must discontinue use of the Services and relinquish use of the IP addresses and server names assigned to you in connection with Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, then all such content will be deleted and we will not be able to provide a copy of such content.  You may terminate the Services by submitting a cancellation request in writing by logging into Ofion’s account center. In the event that you are unable to log in to your account with Ofion, please contact our billing department via email, telephone or chat and we will assist you.

Ofion reserves the right to modify, change or discontinue any aspect of the Services at any time. However, Ofion will provide you with advance notice of any material changes to the Services so you have an opportunity to cancel if you do not agree with any such changes. Ofion is not responsible for any damages or loss of data resulting from such action.

Notice Regarding Licensed Images on Migration or Export (where available).  Subject to all other applicable licenses terms and conditions, images available and licensed for use are intended for Ofion hosted customers only and are subject to the terms and conditions of third-party intellectual property rights and licensing restrictions.  To the extent you wish to export or migrate your hosted product or service to another service provider (if available as an option), it is solely your responsibility to ensure your continued right to use any images incorporated therein, and you acknowledge and agree that Ofion does not warrant and shall have no responsibility for any claims resulting from your continued use after migration and/or termination (whichever occurs first).   

Reserved Rights of Ofion Ofion reserves the right to refuse Services to anyone at any time. Any material that, in Ofion’s judgment, is obscene, threatening, illegal, or violates this Agreement in any manner may be removed from Ofion’s servers (or otherwise disabled), with or without notice. Any manner of communication with Ofion’s staff that is belligerent, vulgar (curse words), highly rude, threatening, or abusive, as determined in Ofion’s sole discretion, may result in suspension or termination of your account without any refund.

Ofion acts as an authorised reseller for number of Brands and Service companies. We also act as affiliate for some of the products that we recommend and sell. If you purchase those items from 3rd party through the links on our site we will earn a commission on each sale.

Note that some of the 3rd party might have their own rules and terms and conditions and for the certain items only these terms and conditions will apply. Read our privacy policy for more information on how your data is used and processed. All 3rd party sites that we are linking to also have their own privacy policies.

Terms and Conditions – Web Design and Development

This policy represents the Ofion Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Ofion customers agree to when they sign-up for any of the Ofion services. Ofion reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.

Customers using any services offered by Ofion agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their services with Ofion. Ofion retains the sole discretion to make judgment regarding any violation by any Ofion customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer’s services without refund and/or, if deemed appropriate, be legally prosecuted.

We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We may occasionally notify you of changes or modifications to this Terms by email. It is therefore very important that you keep your account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

General Provisions

In consideration for Ofion maintaining one or more accounts (each “Account”), you, as the Ofion customer, agree to the following terms of service.

  • “We” “Us” or “Provider” or “Ofion” – Ofion.com.mt.mt , (registered trademark Ofion).
  • “You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for web development services, graphic design services, internet service, printing services, IT services, purchasing products or is a designate of anyone who applies for any of our services.

Disclaimer of Warranty

The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.

Ofion shall pursue partnerships with all resource and channel available to maintain maximum uptime, however, Ofion is not responsible for any down time caused by any provider’s hardware or network malfunction which is outside of Ofion capability to directly correct. Ofion clients are diverse and their websites and the function of those websites are diverse and Ofion cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber-attack.

OFION MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Ofion nor anyone else involved in the provision of our Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Ofion, even if Ofion has been advised to the possibility of such damages.

Limitation of Liability

IN NO EVENT SHALL OFION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OFION SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OFION SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF OFION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OFION MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO OFION FOR THE SERVICES DURING THE PRIOR ONE (1) MONTH THIS IS AN AGGREGATE LIMIT AND REGARDLESS OF THE FOR OF ACTION TAKEN. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Indemnification

You agree to indemnify, defend and hold Ofion and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Ofion. servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Ofion. equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designee s; (c) any personal injury or property damage arising out of your activities related to the Services, gross negligence or wilful misconduct; and (d) any other damage arising from your equipment or your business.

Governing Law

All disagreements, issues or disputes arising from or related to the use of the Services and/or to the application, interpretation or construction of these Terms of Use shall be resolved in an amicable fashion. Where no amicable settlement is reached within sixty (60) days, the disagreement, issue or dispute shall be referred to arbitration in terms of the Arbitration Act (Cap. 387 of the Laws of Malta).  The sixty days shall start to run from when either the Company or the User shall formally notify the other party in writing of the existence of a disagreement, issue or dispute.

Web Development, web design and graphic design services.

Whereby Ofion provided you with services of designing and/or developing a website or with graphic design services for you or your company.

Prices

Prices of web development service are varying from case to case and we reserve the right to quote the client for all services and time that we deem necessary and no work will commence before you accepted the quote in writing.

Payments

All payments will be agreed upon signing the quotation and usually include 50% deposit and 50% upon delivery of the website.

Client obligations

Client is obliged to check all deliverables and content

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