Marketing(sh)Marketing Professional Service Agreement, Terms and Conditions

Basic Billing Terms :

 

NOTE THAT ANY CHARGES ON YOUR CREDIT CARD WILL APPEAR AS “Marketing(sh)Marketing”

 

PRICING IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. EXISTING CONTRACTS WILL BE FULFILLED UNTIL RENEWAL DATE, EITHER MONTHLY or ANNUALLY, UNLESS OTHERWISE NOTED OR MUTUALLY AGREED UPON.

 

 

SUPPORT METRICS :

 

We attempt to fulfill all change and support requests within 72 hours. We do not provide any guarantee on turnaround times for change requests.

 

 

 

1. Authorization.

 

The above-named Client (hereinafter referred to as "Client" or “You”) is engaging Luna Management, LLC dba Marketing(sh)Marketing (known as Company hereafter) as an independent contractor for services in one or more of the following categories, including, but not limited to, web design , video production and project management, graphic design, web hosting, social media marketing, multimedia development, and consulting.

 

Pricing is subject to change at any time without notice based on a variety of factors including project scope. The Client hereby authorizes Company to provide the above listed services.

 

Project scope is defined by client and Company and is detailed in your invoice(s).

 

2. Reasonable Access to Systems / Third-Party Expenses.

 

Client will provide Company with access to key areas of the client’s internet presence including but not limited to the Client's hosting and/or domain registrar accounts, hosting server(s), Control Panels, Dashboards, Analytics, and the like.

 

**For video production services, this may include access to any of the client’s offices  / facilities as needed for video production projects which require access to those facilities. We cannot shoot footage somewhere that we don’t have access to.

 

Client is responsible for providing all filming locations and our team will provide assistance with any releases or documents which are required, but it is ultimately the client’s responsibility to secure those locations and handle any payments or expenses to 3rd parties, as needed.

 

From time to time a client project will require the purchase of a special “tool”, “plugin”, “special effects”, and other types of third-party systems. Client will be responsible for the ultimate decision in purchasing such items, and all additional costs associated with these items, and will have a reasonable time to make decisions on such third-party items.

 

3.  Optimization, Service Expectations, and Future Development

 

While Company will make reasonable efforts to design a fully-functional website, we cannot warranty that your website will function without error on every single platform, browser, and device that exists today or hereafter. The internet is a shifting landscape, and today’s standard’s could be out of fashion or stale tomorrow. However, we will endeavor in a professional manner to provide services as follows :

 

We will design a website working in tandem with the client which will include the following Standard Features :

 

• WordPress Platform (see wordpress.org for more information)
• Responsive, Mobile Ready Theme and Design
• Search-Engine-Optimized
• Slideshow and Media Player
• Custom Contact Form
• Industry Standard Google Analytics
• Client can choose from 1000′s of “functionality widgets”
• All passwords and access to the site to be delivered at the end of the project
• Unlimited Content Revisions prior to site launch
• Social Media Integration (assuming the client has social media pages already created)
• a backup of your website will be provided

 

4. Copyrights and Trademarks.

The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Company for inclusion in any design projects (web, video, graphic, etc) are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Company and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.

 

5. Client’s Additional Responsibilities / Content Delivery

 

1. A commencement deposit will be required for any work to begin.

 

1. Client must provide all content (text copy, graphics, logos, contact email addresses,      etc) to Company, unless otherwise specified

 

1. “Time Out” Policy ***VERY IMPORTANT - Client will have 60 DAYS from the project commencement deposit to provide the text copy / content and additional image or video content.

 

Company reserves the right, if client does not fulfill this requirement, to suspend the project without further notice. Client will FORFEIT deposit. No refunds are available for projects which are unduly delayed due to client’s delay. Additional fees may be incurred.

 

6. Project Delivery.

 

The final project and/or files will be either published to the internet using standard methods and protocols, or delivered to client using industry standard methods. Hosting may be sold separately. The Client understands that Company provides hosting services which are sold and delivered separately. All documentation (i.e. passwords) will be provided at the end of the project upon launch. The Client will be solely responsible for any and all hosting service charges.

 

7. Electronic Commerce Laws.

The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the  Project or any other services contemplated herein, and will hold harmless, protect, and defend and Company and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

 

8.  Project Copyright

All final completed work will remain property of Client. Additional material created during the projects (components, one-offs, drafts, etc) will remain in Company’s possession for an unspecified period of time. Rights to photos, graphics, source code, work-up files, and computer programs specifically are not transferred to the Client, and remain the property of their respective owners. Company retains the right to display graphics and other  elements as examples of their work in their respective portfolios. All Projects will contain a copyright/legal statement with a link to Company' Design Services Web Site.

 

9. Archives and Backups

 

Company is NOT responsible for keeping backups or archives of client projects, and any content or material created during the process. Although we DO archive our work internally, please make sure you have a backup of your site and all materials delivered to you by Company. We can deliver all materials upon demand at the end of the project.

 

10. Payments.

 

Payments must be made promptly based on the terms of this agreement. Company requires a minimum deposit of 70% of the total service fee, unless otherwise noted. Projects may 'go live' at the company's discretion. However, company retains the reserves the right to remove any project from view on the internet until final payment is made. Balance due must be paid before website launch, or before delivery of final materials and designs are completed.

 

11. Content and Further Updates

 

Upon completion of this project, you shall be solely responsible for providing, updating, uploading and maintaining your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text - unless you are purchasing our “MANAGED WEB HOSTING” service.

 

In the event you are also hosting with us, you acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product.  Your website content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Services. Notwithstanding anything in this Agreement to the contrary in no event shall your website consist of the following: search results, registration, “thank you”, error, email or chat pages, pages comprised primarily of other advertising or pages containing any of the following types of content:

 

pornographic, obscene or excessively profane content;

content intended to advocate or advance computer hacking or cracking;

gambling;

illegal activity; or

drug paraphernalia.

SSL Certificates

 

Except as may be limited by specific products or services, any SSL certificate you purchase from Marketing(sh)Marketing or its affiliates to use in conjunction with the Services provided by Marketing(sh)Marketing, is intended for its specific use as described in the Subscriber Agreement and will not be exported from the server to be used with any other web hosting service. If you are using an SSL certificate on a website hosted by Marketing(sh)Marketing, Marketing(sh)Marketing will generate and securely store a corresponding private key.

 

 

Availability of Services

 

Subject to the terms and conditions of this Agreement, Marketing(sh)Marketing shall make best efforts at providing the Services for twenty-four (24) hours per day, seven (7) days per week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation:

 

equipment malfunctions; periodic maintenance procedures or repairs that Marketing(sh)Marketing may undertake from time to time; or causes beyond the control of Marketing(sh)Marketing or that are not reasonably foreseeable by Marketing(sh)Marketing, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.

 

You agree Marketing(sh)Marketing has no control of availability of the Services on a continuous or uninterrupted basis.

 

You further agree that as a normal course of its business, it may be necessary for Marketing(sh)Marketing to migrate its servers. As a result, even though you may have a dedicated IP, you may be assigned a different IP number. Marketing(sh)Marketing does not warrant that you will be able to consistently maintain your given IP numbers.

 

Service Uptime Guarantee

 

Marketing(sh)Marketing offers a service uptime guarantee for the Services of 99.9% (“Service Uptime”) of available time. If Marketing(sh)Marketing fails to maintain this level of service availability, you may contact Marketing(sh)Marketing and request a one time courtesy credit of 5% of your monthly hosting fee from Marketing(sh)Marketing for that month. The credit may be used only for the purchase of further products and services from Marketing(sh)Marketing, and is exclusive of any applicable taxes. The credit does not apply to service interruptions caused by:

 

periodic scheduled maintenance or repairs Marketing(sh)Marketing may undertake from time to time;

errors caused by you from custom scripting or coding;

 

outages that do not affect the appearance of the website but merely affect access to the website such as FTP and email;

 

causes beyond the control of Marketing(sh)Marketing or that are not reasonably foreseeable by Marketing(sh)Marketing; and outages related to the reliability of certain programming environments.

 

Total Service Uptime shall be solely determined by Marketing(sh)Marketing and shall be calculated on a monthly basis.

 

Backup

 

Marketing(sh)Marketing may offer additional features and add on services, such as a FTP Backup, or other Backup option. You acknowledge and agree that purchasing such additional features and add on services may require additional down time to install and maintain. We are not responsible for backing up your website unless you have a managed plan with us. Generally, for those websites that we build, we will backup the site at least once at time of launch. We do backup the server in general, but we do not have a 100% guarantee that your site will be available and retrievable in the event of a catastrophic failure. You further acknowledge and agree that in utilizing the Backup option, you shall be subject to a maximum disk usage and bandwidth usage as identified by Marketing(sh)Marketing. Subject to the terms and conditions of this Agreement, Marketing(sh)Marketing shall use commercially reasonable efforts to provide routine backup services throughout the term of this Agreement limited to the length of your service agreement.. You acknowledge and agree that from time-to-time the Backup services may be inaccessible or inoperable for any reason, including, without limitation:

 

equipment malfunctions; periodic maintenance procedures or repairs that Marketing(sh)Marketing may undertake from time to time; or causes beyond the control of Marketing(sh)Marketing or that are not reasonably foreseeable by Marketing(sh)Marketing, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

 

YOUR OBLIGATIONS

 

You acknowledge and agree Marketing(sh)Marketing shall have the right to seek justification in connection with your use of the Services, specifically your purchase of IP addresses / domain names, and you shall be obligated to provide any and all information reasonably sought by Marketing(sh)Marketing pursuant to such justification. You acknowledge and agree you are required to begin using at least ninety percent (90%) of your purchased IP addresses (*if applicable) within thirty (30) days of assignment of such IP addresses to you. In the event you do not begin using at least ninety percent (90%) of your assigned IP addresses, you acknowledge and agree Marketing(sh)Marketing shall have the right to reclaim any unused IP addresses after the expiration of such thirty (30) day period. In connection with such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois database.

 

Upon the expiration of your initial hosting service term, your hosting services shall automatically renew for the same period of time and your payment method shall be charged for the renewal term on the renewal date. You acknowledge and agree that in the event you do not desire to automatically renew your hosting services for the same period of time, it is your responsibility and obligation to access your Account Manager and manually turn off the default renewal and your failure to access your Account Manager and manually select to renew on a month-to-month basis shall be deemed acceptance of the renewal term.

 

You represent and warrant to Marketing(sh)Marketing that:

 

Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation;

infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and

that you own your website content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within your website.

 

You also warrant that the website being hosted by Marketing(sh)Marketing will not be used in connection with any illegal activity. If you are hosting your website on Marketing(sh)Marketing’s servers, you are responsible for ensuring there is no excessive overloading on Marketing(sh)Marketing’s DNS or servers. In the event you exceed your allotted bandwidth, compute cycles or disk space and thereby overload Marketing(sh)Marketing’s DNS or servers, you shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use Marketing(sh)Marketing’s servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Marketing(sh)Marketing reserves the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. Marketing(sh)Marketing prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Marketing(sh)Marketing. You agree Marketing(sh)Marketing reserves the right to remove your website temporarily or permanently from its servers if Marketing(sh)Marketing is the recipient of activities that threaten the stability of its network. Further, if you are using ad-supported hosting, you acknowledge and agree Marketing(sh)Marketing has the right to terminate your Services in its sole discretion and for any reason, including, but not limited to, your failure or unwillingness to comply with the terms and limitations of this Agreement, specifically, the content and material restrictions set forth in this Agreement. You agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services to:

 

disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes of email on a daily basis, provided, Marketing(sh)Marketing, in its sole discretion, may permit you, if you have a legitimate purpose and after request, to send more email than Marketing(sh)Marketing’s standard SMTP relay limit;

disseminate or transmit any material that, to a reasonable person may be grossly offensive, vulgar or malicious;

disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;

attempt to mislead any person as to the identity, source or origin of any communication;

export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions;

interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization;

disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program;

engage in any other activity deemed by Marketing(sh)Marketing to be in conflict with the spirit or intent of this Agreement or any Marketing(sh)Marketing policy; or

use your server as an “open relay” or similar purposes.

Marketing(sh)Marketing prohibits the running of a public recursive DNS service on any Marketing(sh)Marketing server. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. Marketing(sh)Marketing actively scans for the presence of public DNS services and reserves the right to remove any servers from the network that violate this restriction.

 

Storage and Security

 

At all times, you shall bear full risk of loss and damage to your website and all of your website content. You are entirely responsible for maintaining the confidentiality of your password and account information. You agree you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the Site or any of your website content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to:

 

prevent any loss or damage to your website content;

maintain independent archival and backup copies of your website content;

ensure the security, confidentiality and integrity of all your website content transmitted through or stored on Marketing(sh)Marketing servers; and

ensure the confidentiality of your password.

 

Marketing(sh)Marketing’s shared hosting servers are not an archive and Marketing(sh)Marketing shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Services are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be considered as one. Marketing(sh)Marketing shall have no liability to you or any other person for your use of the Services in violation of these terms. You shall at all times use the Services as a conventional and/or traditional website. You shall not use the Service in any way, in Marketing(sh)Marketing’s sole discretion, that shall impair the functioning or operation of Marketing(sh)Marketing’s services or equipment. Specifically by way of example and not as a limitation, you shall not use the Services as: (i) a repository or instrument for placing or storing archived files; and/or (ii) placing or storing material that can be downloaded through other websites. You acknowledge and agree that Marketing(sh)Marketing has the right to carry out a forensic examination in the event of a compromise to your server or account.

 

In the event you terminate, moving your website off of the Marketing(sh)Marketing shared hosting servers is your responsibility. Marketing(sh)Marketing will not transfer or FTP your website to another provider. In the event your use of the Services is terminated, Marketing(sh)Marketing will not transfer or manage your Services or your website content.

 

Storage and Plan Limits

 

All web hosting plans, including plans that offer unlimited disk space, are subject to limits which are specified at the time your order is placed and confirmed.

 

Any account that exceeds these limits will be issued a network violation warning and subject to suspension if no action is taken by the customer to reduce the disk space and other files required to reduce the space.

 

All web hosting plans, including plans that offer unlimited databases, are subject to limits of (i) no more than 1,000 tables per database and (ii) no more than one gigabyte (“GB”) of storage per database.  Any database that exceeds these limits will be issued a network violation warning and subject to suspension if no action is taken by the customer to reduce the number of tables or gigabytes (as the case may be).

 

DEVELOPMENT SERVICES

 

If Marketing(sh)Marketing determines that requested assistance falls outside the scope of the Managed Plan, Marketing(sh)Marketing shall charge you for its custom support services (the “Development Services”) on a thirty (30) minute incremental basis. Furthermore, if Marketing(sh)Marketing determines that the Development Services apply, Marketing(sh)Marketing reserves the right to charge any or all of the fees for such Development Services prior to the commencement of any work being performed.

 

THIRD-PARTY SOFTWARE

 

Additionally, in the event you elect to install or seek assistance from Marketing(sh)Marketing in connection with the installation of any third-party software, the following terms shall apply. You represent and warrant you have the right to use and install the third-party software, and have paid the applicable licensing fees for the third party software, and the third-party software does not and shall not infringe on the intellectual property rights of any other person or entity. You agree to defend, indemnify and hold harmless Marketing(sh)Marketing and its employees, officers and directors for, from and against any and all claims brought against Marketing(sh)Marketing and its employees, officers and directors by a third-party alleging the software infringes: (i) the third-party’s rights; or (ii) a U.S. patent, trademark, copyright or other intellectual property right. You agree that in such an event you shall pay all resulting costs, damages, expenses and reasonable attorneys’ fees that a court awards and settlements incurred by Marketing(sh)Marketing in connection with any such claims.

 

 

1. BILLING

FEES AND PAYMENTS

 

You acknowledge and agree that your Payment Method will be charged by Company.

(A) BILLING TERMS, INCLUDING AUTOMATIC RENEWAL TERMS

You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services.  All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.  Company expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.  If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.

Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following “Payment Methods”: (i) by providing a valid credit card, (ii) by using PayPal (as defined below),  each a “Payment Method”.

CANCELLATIONS:

You may cancel this automatic billing authorization at any time with 30 days notice. All hosting services are on a prepaid basis.  As noted herein, all billing will be done automatically unless written request is received by client to end the automated billing and/or services in writing with 30 days notice.Refunds are not permitted. All hosting services are on a prepaid basis.

IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION.  THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD.  FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR.  WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING.  THEREFORE, UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, Company WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH Company AT Company’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD.  IN ORDER TO SEE THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR ACCOUNT MANAGER (“ACCOUNT MANAGER”) FROM THIS SITE AND FOLLOW THE STEPS FOUND HERE.  YOU MAY ENABLE OR DISABLE THE AUTOMATIC RENEWAL OPTION AT ANY TIME.  HOWEVER, SHOULD YOU ELECT TO DISABLE THE AUTOMATIC RENEWAL OPTION AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND Company SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

IN ADDITION, Company MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR CREDIT CARD PROVIDER (AND ULTIMATELY DEPENDENT ON YOUR BANK’S PARTICIPATION).  IF YOU ARE ENROLLED IN AN AUTOMATIC RENEWAL OPTION AND WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US.  IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, Company WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. Company MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) SETTING YOUR RENEWAL OPTIONS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID.  FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND Company SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

If for any reason Company is unable to charge your Payment Method for the full amount owed for the Services provided, or if Company receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Company may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf.  Company also reserves the right to charge you reasonable "administrative fees" or "processing fees" for (i) tasks Company may perform outside the normal scope of its Services, (ii) additional time and/or costs Company may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Company in its sole and absolute discretion).  Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) disputes that require accounting or legal services, whether performed by Company staff or by outside firms retained by Company; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Company as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with Company.

(B) PAY BY PAYPAL

By using Company’s pay by PayPal payment option (“PayPal”), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”).

It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card.  You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor Company shall be liable to you or any third party regarding the same.  If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and Company may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.

By clicking the box labeled “I agree” to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.

(C) Pay by Credit Card and Automated Charges

Any and all credit card charges will be pre-authorized at the time of purchase. Your payment indicates your agreement and understanding of the charges and all terms and conditions of use of our services.

1. A) A valid credit card is required for all accounts;
2. B) If you initially sign up for an account that is billed on a routine cycle, including any free trial accounts, and you don't cancel that account within each specified period (or within the trial period), you will be billed according to your recurring cycle, monthly, quarterly, or annually at the date and time that  your service period ends. Note that the "days" of the free trial correspond to 24-hour periods beginning at the date and time that you sign up. If you cancel prior to the processing of your first invoice, during your free trial period, you will not be charged;
3. C) An upgrade from any free plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading;
4. D) Services are billed in advance on a monthly, quarterly,  or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made;
5. E) All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes;
6. F) For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle;
7. UNCLAIMED PROPERTY; DORMANCY CHARGES

Please be advised that if a customer has an outstanding account balance (a credit positive balance) for three (3) years or more for any reason, and (i) Company is unable to issue payment to such customer or (ii) Company issued payment to such customer in the form of a paper check, but the check was never cashed, then Company shall turn over such account balance to the State of Arizona in accordance with state law.  You acknowledge and agree that in either case (i) or (ii) above, Company may withhold a dormancy charge in an amount equal to the lesser of $15.00 or the total outstanding account balance associated with such customer.

1. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

1. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1. U.S. EXPORT LAWS

This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”).  Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws.  Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws.  None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws.  By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations).  If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws.  If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site.  The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

1. COMPLIANCE WITH LOCAL LAWS

Company makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.  Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

 

 

 

 

12. Legal Notice.

 

Notwithstanding anything to the contrary contained in this contract, neither Company nor any of its employees or agents, warrants that the functions contained in the  Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the  Project is with the Client. In no event will and/or Company be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this  Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor's computer or Internet software, even if Company has been advised of the possibility of such damages.

 

13. This Agreement.

 

This agreement constitutes the sole agreement between Company and the Client regarding this Project. Any additional work not specified in this contract or any other amendment or modification to this contract must be authorized by a written request signed by both Client and Company.  If you have any questions, please contact Company at 315-96-LABEL

 

 

updated : 01/2017