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o7th Web Design » Terms & Conditions

This Service Level Agreement/Terms of Service (hereafter "SLA/TOS") is entered into by and between o7th Web Design, (hereinafter the "Company") and "YOU" (hereinafter the "Client").

Hosting

Company agrees to host Client's website, domain name, and email addresses; or design Client's website. In return Client agrees to pay to Company a monthly service fee; or site design fee, as established between Client and Company.

Services

Managed Service: Company agrees to manage all aspects of the Client website, including but not limited to; o7th Web Design Site Rendering Engine, site layout, site content, scripts, add-ons, SEO (Search Engine Optimization).  In return Client agrees to pay to Company a monthly service fee, as established between Client and Company as set forth per Client - Company agreement addendums.

Un-Managed Service: Company agrees to manage the Zip CM application, design the initial site layout, and complete the content of the sites initial homepage.  Afterwhich, the Client will be responsible for all aspects of the site, including but not limited to; site layout, site content, scripts, add-ons, SEO (Search Engine Optimization).  In return Client agrees to pay to Company a service fee, as established between Client and Company as set forth per Client - Company agreement addendums.

The fees agreed upon do not include any custom development, site layout changes, or content changes.  These will be billed on the monthly statement following the work done.

Uptime

We guarantee that our network will be available 99.9% of the time (excluding scheduled maintenance). Should we incur a network outage, Company will credit the customer 10% of their monthly fee for every 1 day of downtime (up to, but not exceeding 100% of one monthly payment, and the credit will be applied toward future payments). Network uptime comprises the functioning of all network infrastructure including cabling, switches and routers. Services or software running on your server are not included in the definition of our network. Network downtime exists if your server is unable to transmit and receive data and a request is made via email to support@o7thWebDesign.com.

Outside Interruption

Company shall not be responsible in any way for connection problems originating outside of Company's network environment. Anything beyond Company's outside router interface shall be deemed outside of its network environment.

Use Of Service

Client may only use Company's service for lawful purposes. Transmission/online publication of material in violation of any Federal, State or local law(s) and/or regulation(s) is strictly prohibited and is grounds for immediate termination of this SLA/TOS. NO PORNOGRAPHIC OR HATE SITES WILL BE TOLLERATED AND WILL BE SUBJECT TO TERMINATION AND/OR LEGAL ACTION!

Spam/UCE

Company strictly enforces a zero tolerance policy, absolutely prohibiting distribution by Client of any unsolicited commercial email, (UCE) also known as spam. If a verified UCE complaint is received against Client, Client will be given one warning. Upon receipt of the second verifiable notice of UCE by that Client, Client's account shall be terminated. No refunds of fees will be paid in the event of such abuse termination.

Backup

It shall be Client's full and exclusive responsibility to back up or copy their proprietary data for data loss or disaster recovery. Company will attempt to make nightly backups of data held on Company's servers, but cannot be held liable by Client if such backup(s) fail.

Payment/Fees

All fees and dues under this SLA/TOS are due on receipt of invoice. The following cumulative fee schedule shall apply to payments made past the invoice due date:

  • 5 Days Past Due: $5.00 Late Fee
  • 10 Days Past Due: $10.00 Late Fee
  • 15 Days Past Due: $15.00 Late Fee and Site or Account Suspension

Payments not made within fifteen (15) days of invoice date will result in suspension of Client's account. A $100.00 dollar (US) reactivation fee will apply for those accounts that have been suspended.

Returned checks shall be subject to a $25.00 dollar (US) fee that shall be due upon receipt, plus any fee amount the check was returned for.  If a returned check is received the Client's account shall be subject to the cumulative late fee schedule as listed above.

Term/Termination Of Services

This SLA/TOS shall commence on the date and time of Client's sign-up and shall continue in effect for a minimum of one (1) month. Pro-rated refunds will not be given for early cancellations. Company, at its sole option, may terminate service under this SLA/TOS at any time, without penalty. Company reserves the right to refuse service to anyone.

Non Liability

Company may not be held liable or responsible for lost data or lost profits. YOU ARE GIVING UP ALL RIGHTS TO HOLD COMPANY LIABLE BY REASON OF OUTAGES, DOWNTIME OR DATALOSS. Client's sole remedy shall be Outage Credits, itemized above.

Indemnification

Client agrees to defend, indemnify, save and hold Company, its owners, partners, principals, agents and all connected persons, harmless from any and all demands, liabilities, losses, costs and/or claims, including reasonable attorneys' fees, ("Liabilities") asserted against Client, Company, their agents, customers, officers and employees, arising or resulting from any services provided under this SAL/TOS. Client agrees to defend, indemnify and hold harmless Company against all liabilities arising from third party injury to person, money or property in any way connected to services under this SLA/TOS.

Client specifically assumes all responsibility for any infringement, actual or alleged, against (i) the proprietary or intellectual property rights of a third party; (ii) any copyright, patent trademark, trade secret or trade name infringement, actual or alleged; and (iii) for any defective or allegedly product or service Client sells or provides through it's internet presence using Company's service under this SLA/TOS.

Governing Law

This SLA/TOS is made and shall be construed under the laws of the State of Massachusettes.

Severability

Should any part of this SLA/TOS is treated or deemed to be invalid or unenforceable; the rest of it shall remain valid and enforceable.

Acceptance

By executing our online electronic acceptance and endorsement, Client and any Prospective Client(s) expressly accepts authorizes and agrees to the above SLA/TOS terms, in order to place their internet services with Company.