- Website or Web Application Owner, the Client, ; and
- Hosting Provider, the Company, ,
The purpose of this Agreement (hereafter referred to as the “Agreement”) is to precede a longer-term contract arrangement under which Company will provide Web Hosting services on behalf of Client.
Subject to the terms and conditions of this Agreement, Company will provide Web Hosting services for Client subject to the following terms:
- Length of Service.Client agrees to an initial twelve (12) month contractual term of service (“Term”).
- Service Start Date.The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
- Renewal by Client.This Agreement will automatically renew for successive twelve (12) month Terms unless canceled in writing by Client at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Client’s account.
Cost will be per client basis and will be stated within the annual renewal invoice, per year and includes the following:
- 1GB Storage
- 10 GB Bandwidth
- PCI Compliant (If needed or required)
- Scheduled Weekly Backups
- On Demand Backups
- Phone Support in business hours
TERMS OF PAYMENT
Terms of payment are by bank transfer. unless credit approval has been granted by Diablos Designs. If credit approval has been granted, credit terms are net 10 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.
Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Client or any portion thereof.
Company will exercise no control whatsoever over the content of the information passing through the network, email or web site.
Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Company is at Client’s own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
TRADEMARKS AND COPYRIGHTED MATERIAL
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Company and Client.
If the Client fails to pay the invoice due within 30 Days the company (Diablos Designs) (we) hold the right to take the client website offline and hold the domain and emails attached to the account on our local server until a solution/agreement has been found. If a client refuses to pay for either 1) Email hosting or 2) Website Hosting we reserve the right to hold the domain and remove the site from the server. After 30 days we will remove all content and delete all data we hold for the client.
In the case of transfer of services of website, domain, emails there will be a set cost. £30 for domain transfer £100 for website zip file. We (Diablos Designs) will not transfer or keep any emails, this is the duty of the client to download there own emails.
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
Client shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Client’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.