Terms of Service: The Provider (Whitestone Services) agrees to supply the Client with Web Site Hosting for a mutually agreed upon products and pricing structure and term. The Client agrees to all technical and billing requirements as set forth herein and to abide by the Acceptable Use Policy as amended from time to time and located at http://whitestoneservices.com/affordable-hosting-wordpress-installation/acceptable-use-policy/ Provider specifically reserves the right to amend the AUP from time to time.
Service Guarantee: Service is provided on an “AS IS” AND “AS AVAILABLE” basis and Provider excludes and Client hereby waives all other representations and warranties, express or implied, arising by operation of law or otherwise, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement and title, as well as any warranties arising from a course of dealing, usage or trade practice, provider does not warrant or guaranty that the service will operate without fault, error or interruption. Neither party shall be liable for any indirect, incidental, special, consequential or punitive damages (including but not limited to, damages for lost profits or lost revenues), whether caused by the acts or omissions of a party’s employees or representatives, culpable negligence, or willful misconduct regardless of whether such party has been informed of the likelihood of such damages. The liability of provider for damages arising out of the furnishing of service or any other matter hereunder, including but not limited to mistakes, omissions, interruptions, delays, tortious conduct, errors or other defects, representations, use of service or arising out of the failure to furnish service, whether caused by acts of commission or omission, (including customer hardware or software failures or any other damage occurring after the provision of the service) shall be limited to the extension of credit allowances as set forth in a contract between the client and provider. IN NO EVENT SHALL PROVIDER’S LIABILITY EXCEED THE PAYMENTS MADE BY CLIENT TO PROVIDER IN ANY GIVEN MONTH. Any Services that require customization require 50% of the approved quote before work begins with balance due upon completion. Customers are billed 15 days in advance of the next service month. Failure to pay fees by the 5th may result in the suspension of client’s account and/or termination of all Services until full payment for Services is received. Customer agrees to pay any and all prices and fees due for Services purchased or obtained through Whitestone Services at the time you order the Services. You agree that 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. Whitestone Services reserves the right to change or modify its prices and fees at any time. All clients must maintain a current email address for the purpose of correspondence and invoicing. All credit card and/or e-check transactions are processed through PayPal’s secure service. Clients agree to pay any and all penalties incurred by Whitestone Services as the result of a returned check. All payments for Services must be remitted in U.S. currency.
Client Responsibilities: Client shall be responsible for any and all licenses for any software scripts or other electronic media installed on Client’s server, and shall provide Provider with a copy of same upon demand.
Backups: Unless a specific Backup service is ordered by Client, Client understands that though the Provider may perform regular back-ups of all data stored on behalf of the Client, the Client is responsible for independent backup of data and that Provider shall have no liability to customer in the event all data is lost or destroyed. The Client acknowledges and agrees that in the event restoration of data from backup is necessary, it may take a reasonable time to complete such restoration of data and resume operation of the service.
Payment Terms: The Client agrees to pay all charges incurred each month, together with any additional charges, costs or assessments made by Provider under the terms hereof. Payment is due upon receipt of the invoice. If payment of monthly fees is not posted to the Client’s account within 5 days of the due date the Client’s service is subject to suspension or termination without notice. Provider shall charge Client a reconnection fee when Client makes full payment to reinstate service. Moreover, the Client understands that in the event, after termination of service, Client still fails to pay all service fees, this agreement grants to Provider a lien against all content and data in Provider’s possession to be held, sold or otherwise used at Provider’s discretion to satisfy any outstanding balance. In the event Client has an unpaid balance due to Provider thirty days after termination of Client’s account, Provider shall have full right and authority to charge Client’s balance to Client’s credit card(s) on file with Provider. The Client agrees that any unpaid balance due after 30 days shall bear interest at the rate of 10% per month (or the maximum legal rate, whichever is lower), and that costs of collection, including court costs and reasonable attorney’s fees shall be added as principal amounts to such balance.
Indemnification: The Client agrees to indemnify and hold harmless the Provider for any liability arising from the use of the service. The Client agrees to indemnify and hold harmless the Provider from any claims and expenses, including attorney’s fees, related to their violation of this agreement, all other agreements between the parties, applicable laws or unauthorized use of any software or other content. The Client understands that the Provider will take drastic measures to protect itself from any legal or civil litigation including, but not limited to, removing a Client’s web pages or sites from its servers for any reason deemed appropriate by the Provider. Client also understands that Provider will charge, on an hourly basis, for any and all time spent responding to any third party complaints, disputes, copyright claims or actions involving Client or Client’s web sites.
Assignment: Client may not transfer or assign this Agreement, or any of its rights or obligations hereunder without Provider’s prior written consent, which will not be unreasonably withheld. Client shall remain liable for nonpayment by its respective assignee or transferee.
Termination: Client has the right to terminate this agreement as set forth in the contract or as set forth in any other current agreement between Client and Provider. In the event that the Client has not complied with any part of this agreement, the Provider reserves the right to alter access to the service, or to terminate the service, without notice to, or authority from the Client, and the Client forfeits any prepaid amounts to Provider.
Force Majeure: Except with respect to accrued payment obligations, neither party shall be liable for any failure of performance due to causes beyond such party’s reasonable control, including, but not limited to: acts of God, fire, flood or other catastrophes; any law, order, regulation, or governmental action, national emergencies, insurrections, riots or wars; unavailability of rights-of-way; or strikes or other labor difficulties not involving Provider however, the affected party shall use commercially reasonable efforts to eliminate such event.
Miscellaneous: This constitutes the full agreement of the parties and cannot be altered or modified unless in writing. Should any one or more provisions of this agreement be found to be invalid, illegal or unenforceable for any reason, such finding shall not affect or invalidate any other provision hereof. The parties agree that this agreement shall be governed by and be interpreted according to the laws of the States of Tennessee and Georgia, USA (whichever state is appropriate at the time of the writing of the binding contract) and any and all actions regarding or relating to this agreement shall be brought in either the Benton County Superior Court or the Fulton Superior Court or in the Superior Court of the county where Provider is located in the State of Tennessee or Georgia (whichever state is appropriate at the time of the writing of the binding contract).