Terms and Conditions
Welcome to Amikan Digital. 

These Website Standard Terms and Conditions written on this webpage shall manage your use of this website and some of the general terms of doing business together. These Terms will be applied fully and affect your use of this Website. 

By using this Website, you agreed to accept all terms and conditions written in here.
You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

There is no age restriction as to the content of this site.

 This Agreement sets forth Your rights and obligations as an Amikan Digital User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and you will bound by them.

I. Definitions

A. “Amikan Digital” is a trademark of Amikan Trading limited. In this Agreement, references to “Amikan Digital” as a Party mean and refer to Amikan Trading limited, doing business as Amikan Digital, and Amikan Trading limited’s owner(s), parent company(ies), affiliate entities, and employees, and assigns.

B. “Parties” mean Amikan Digital and You.  Amikan Digital and You are each a “Party.”

C. “Terms” mean and refer to the Amikan Digital User Terms and Conditions set forth herein.

D. “Client” refers to a person who has created an Amikan Digital Account. “Client Account” refers to entering into and Agreement for service with a Client’s Amikan Digital Account.

E. “You ”and “Your” means the Amikan Digital Client /user who has executed this Agreement by signing or clicking “I Agree.”

II. Becoming an Amikan Digital Client

By receiving a countersigned project contract from us to confirm the appointment, clicking “I Agree” to these Terms, transferring payment to Amikan Digital, You become an Amikan Digital Client. 

There are various products and services available to clients, and initial deposit is applicable towards the final invoice applicable to such products and services. Amikan Digital’ products, services, and prices are posted https://amikandigital.com/free-trial-opt-in, and are subject to change without notice. Price changes are effective on the first day of the month after the price change is posted https://www.Amikan Digital.com
Digital Transformation For Small Business!
"In my opinion, this is the single most important investment a business has to make today, to have any chance (at all) to survive in this new economy." 
S. Aoussou - Amikan Digital Co Founder 
By clicking “I Agree” and providing Amikan Digital Your credit card information You authorize Amikan Digital to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes. 

By Your continued use of Amikan Digital services, and unless You terminate this agreement as provided herein, You agree that Amikan Digital may charge Your credit card for the total invoiced for project, products, and services You have selected.
  
Your Client contract with Amikan Digital begins when You receive the project contract that you approve by signing or clicking “I Agree”.
It will continue until project delivery:
The deposit is subject to the terms of termination and cancellation.

III. Term of termination/cancellation

A. You may cancel before we start on your project. You will be entitled to a refund for the deposit payments You have made to US. 
In the event we have already started your work, we will seek to be compensated for time spent.  

We are human beings and we sometimes make errors so we also make the promise to put things in perspective and be fair. 

We need to be compensated for the time and efforts invested in your projects.

B. Amikan Digital may cancel Your Project Agreement and return Your deposit if the project itself is in breach of any of the Terms of this Agreement. In the event this Agreement is canceled due to our never yet happened inability to deliver as agreed, you agree that any compensation should only go to the extent of money paid to Amikan Digital.

OR

B. Your credit card or Amikan Digital’ charge is denied for any reason and You do not provide Amikan Digital a new credit card within ten (10) days.

IV. No License to use Amikan Digital Marks
Any content on any Amikan Digital website may constitute the intellectual property of Amikan Digital. Except where expressly authorized, no material on any Amikan Digital website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The AMIKAN DIGITAL trademark and logo are proprietary marks of Amikan Digital, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Amikan Digital or any of Amikan Digital’ affiliates.

V. Indemnity.
You agree to protect, defend, indemnify and hold harmless Amikan Digital, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against Amikan Digital for liability for payments for, damages caused by, or other liability relating to, You.

VI. No Warranty; No Leads.
Amikan Digital does not promise, guarantee or warrant Your business success, income, or sales. We will work diligently and apply our skills and resources to deliver on projects we undertake in our consultancy, design, development, and deployment of the solutions we offer.

You understand and acknowledge that Amikan Digital will not at any time provide sales leads or referrals to You. 

Additionally, AMIKAN DIGITAL’ WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. AMIKAN DIGITAL MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY AMIKAN DIGITAL WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. AMIKAN DIGITAL MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY AMIKAN DIGITAL WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY AMIKAN DIGITAL WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR (C) THAT ANY AMIKAN DIGITAL’ WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY AMIKAN DIGITAL’ WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The Amikan Digital websites may include inaccuracies, errors, and materials that conflict with these Terms. In the event of any conflict between anything posted on any Amikan Digital website and these Terms, these Terms shall control.

VII. Limitation of Liability.
YOU AGREE THAT IN NO EVENT SHALL AMIKAN DIGITAL’ LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO AMIKAN DIGITAL FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST AMIKAN DIGITAL OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.

VIII. Force Majeure.
Amikan Digital will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Amikan Digital. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Amikan Digital shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

IX. Assignment of Rights.
Amikan Digital may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without Amikan Digital’ or its assigns express written consent.

X. Information; Registration; User Names and Passwords
As a Amikan Digital Client / User, You will be required to create an account with Amikan Digital. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your Amikan Digital Client / User Account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your Client Account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Amikan Digital under Your Client Account. You agree to immediately notify Amikan Digital of any unauthorized use of Your password or Username or any other breach of security related to Your Client Account. You agree that Amikan Digital is not liable, and You will hold Amikan Digital harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.

XI. Release/Authorization to Use Photographs.
You grant Amikan Digital permission to use any and all photographs taken by Amikan Digital or its agents or employees, or submitted by You to Amikan Digital (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Amikan Digital or any product or service sold and marketed by Amikan Digital.
You agree that this authorization to use Photographs may be assigned by Amikan Digital to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Amikan Digital’ sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Amikan Digital in exchange for this Release and Assignment. You hereby release and forever discharge Amikan Digital from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.

XII. Prohibited Activity.
Amikan Digital has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Amikan Digital reputation; and the violation of the rights of Amikan Digital or any third party.

B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Amikan Digital reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.

C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
We retain the right to choose the work we undertake we the right

XIII. Contact
If You have any questions or complaints concerning any of the Terms, You may contact Amikan Digital by e-mail at support@Amikan Digital.com, or by regular mail 
49 Brixton Station Road, London SW9 8PQ
e-mail: info@Amikandigital.com. United Kingdom.

We do everything we can to remain fair and reasonable at all time. If we still have unresolved issues, you can legally contact the following organizations to help mediate:

- Citizens Advice https://www.citizensadvice.org.uk/consumer/ or call 0345 404 0506

- Advertising Standards Authority Limited
Mid City Place 71 High Holborn London WC1V 6QT or call 
Tel: 020 7492 2222 / Fax: 020 7242 3696

XIV. Digital Millennium Copyright Act
If You believe that materials or content available on any Amikan Digital website infringes any copyright You own, You or Your agent may send Amikan Digital a notice requesting that Amikan Digital remove the materials or content from the Amikan Digital website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send Amikan Digital a counter-notice. Notices and counter-notices should be sent to Amikan Digital, Attention Legal Department, 24 Maplestead road, London, SW2 3LY. United Kingdom, or by e-mail to info@AmikanDigital.com.

XV. Arbitration, Governing Law, and Attorneys’ Fees.

A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against Amikan Digital including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively by binding arbitration in London, United Kingdom. You agree not to file suit against Amikan Digital or any of its affiliates, subsidiaries, officers, directors, employees, successors or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and Amikan Digital. In the event that You and Amikan Digital are unable to reach agreement on an Arbitrator, You and Amikan Digital will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of London, United Kingdom. The arbitrators selected by You and Amikan Digital will have no further involvement in the arbitration. The Arbitrator will determine the rules governing the arbitration. The decision of the Arbitrator will be final and binding on You and Amikan Digital and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.

B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the United Kingdom without regard to any choice of law provisions.

C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against Amikan Digital to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Amikan Digital may not be joined or consolidated with claims brought by anyone else.

D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.

E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents Amikan Digital from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Amikan Digital’ rights prior to, during, or following any arbitration proceeding.

F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or Amikan Digital commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.

XVI. Changes to Terms
Amikan Digital reserves the right to change these Terms, in whole or in part, from time to time at Amikan Digital’ sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms https://www.Amikan Digital.com/terms. By Your continued use of Amikan Digital’ services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.

XVII. Severability
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.

XVIII. Waiver.
No waiver by Amikan Digital of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.

XIX. Heading.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

XX. Notice.
Any notice required to be given to Amikan Digital under or related to these Terms must be in writing, addressed as follows:
Amikan Digital
49 Brixton Station Road, London SW9 8PQ
e-mail: info@Amikandigital.com.
Notices to You may be given by posting a notice (or a link to a notice) on https://www.AmikanDigital.com/terms, by e-mail, or by regular mail, at Amikan Digital’s discretion.

These Terms constitute the entire agreement between Amikan Digital and you in relation to your use of this Website, and supersede all prior agreements and understandings.
These Terms will be governed by and interpreted in accordance with the laws of the United Kingdom and you submit to the jurisdiction of the courts located in South West London for the resolution of any disputes.

Updated the 15 November 2018
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