Introduction to Our Terms and Conditions
Last Updated: November 2023
Welcome to our platform. These Terms and Conditions ("Terms") govern your use of our website and services related to web hosting, domain management, Linux systems, email migrations, DNS configurations, and related technical services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use our Services.
Acceptance of Terms
These Terms constitute a legally binding agreement between you and our company. You acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms.
Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
Service Overview
Our Terms and Conditions cover a comprehensive range of technical services, including but not limited to:
Services Covered Under These Terms
These Terms and Conditions apply to all services we provide. Below is a comprehensive breakdown of our service categories and the specific services included under each.
Web Hosting Services
Our web hosting services include but are not limited to the management, configuration, and optimization of various hosting environments and control panels.
Terms Note: Our hosting services do not guarantee 100% uptime, as occasional maintenance and updates may be necessary. We will make reasonable efforts to minimize any service disruptions.
Domain & DNS Services
We offer comprehensive domain management and DNS configuration services to ensure your online presence is properly established and maintained.
Domain Management
- Domain registration and renewals
- Domain transfers
- WHOIS privacy configuration
- Domain monitoring
DNS Configuration
- DNS record management (A, AAAA, CNAME, MX, TXT)
- PowerDNS configuration
- DNS propagation monitoring
- DNS troubleshooting
Terms Note: Domain registration and renewals are subject to availability and the policies of domain registrars. We cannot guarantee the availability of specific domain names.
Email Services
Our email services include email migration, setup, configuration, and deliverability optimization for various email platforms.
Email Migration & Setup
Email Deliverability
Terms Note: Email deliverability depends on various factors including recipient server configurations. While we implement best practices, we cannot guarantee 100% deliverability rates or prevention of all spam classifications.
Security & SSL Services
We provide comprehensive security solutions including SSL certificate installation, configuration, and renewal services.
Terms Note: While we implement security best practices, no system can be 100% secure. We are not liable for security breaches that occur despite our reasonable security measures.
Services Limitations and Exclusions
While we strive to provide comprehensive technical services, certain services may be excluded or limited:
- Custom software development beyond standard configurations and optimizations
- Content creation for websites or email campaigns
- Ongoing management of marketing campaigns
- Legal advice related to domain ownership disputes
Service Terms & Conditions
These terms govern the provision of our technical services. Please read them carefully as they contain important information about your rights and obligations.
Service Delivery
1.1 Service Requests: All service requests must be submitted through our official channels, including email, ticketing system, or contact form. Verbal requests may not be considered official until documented.
1.2 Response Times: While we strive to respond to all service requests promptly, response times may vary based on the complexity of the request and current workload. Standard response times are within 24-48 business hours.
1.3 Service Completion: The timeline for service completion depends on the complexity of the task. Estimated completion times will be provided upon request assessment. These estimates are not guarantees and may be subject to change based on unforeseen technical challenges.
1.4 Service Modification: Any modification to the agreed-upon services must be requested in writing and may result in additional charges. We reserve the right to decline modification requests that fall outside the scope of our services.
Client Responsibilities
2.1 Access Provision: Clients are responsible for providing necessary access credentials to systems, platforms, and services required to fulfill the requested tasks. This includes admin access to hosting accounts, domain registrars, email services, and other relevant platforms.
2.2 Information Accuracy: Clients must provide accurate and complete information necessary for service delivery. Inaccurate or incomplete information may result in service delays or additional charges.
2.3 Backup Responsibility: While we implement best practices to prevent data loss, clients are ultimately responsible for maintaining appropriate backups of their websites, emails, and data before any service implementation.
2.4 Timely Communication: Clients are expected to respond to queries and requests for information in a timely manner. Delays in client communication may extend service completion timelines.
Service Limitations
3.1 Third-Party Services: We are not responsible for limitations, changes, or disruptions in third-party services or platforms that may affect our service delivery (including but not limited to hosting providers, domain registrars, email service providers).
3.2 Performance Guarantees: While we implement industry best practices, we cannot guarantee specific performance outcomes such as website speed improvements, email deliverability rates, or search engine rankings, as these depend on multiple factors beyond our control.
3.3 Security Limitations: Our security implementations follow best practices, but we cannot guarantee absolute protection against all security threats, vulnerabilities, or breaches, especially those resulting from previously existing issues or client-side vulnerabilities.
3.4 Service Compatibility: We do not guarantee compatibility between different systems, platforms, or services unless explicitly stated. Some configurations may have inherent limitations or incompatibilities.
Intellectual Property
4.1 Client Content: Clients retain all ownership rights to their content, data, and materials. We make no claim of ownership over client-provided materials.
4.2 Service Tools: We retain all intellectual property rights to our proprietary tools, processes, scripts, and methodologies used in service delivery. Clients may not reproduce, distribute, or create derivative works based on these proprietary elements without explicit permission.
4.3 Configuration Scripts: Custom configuration scripts created for client implementations may be used by clients on their systems but may not be resold, distributed, or shared with third parties without our explicit permission.
4.4 Knowledge Transfer: Documentation and instructions provided as part of our services are for client use only and may not be reproduced or distributed for commercial purposes.
Confidentiality
5.1 Client Information: We treat all client information, credentials, and data as confidential. We will not share, sell, or disclose client information to third parties unless required by law or necessary for service provision.
5.2 Credential Management: Clients are advised to provide temporary credentials when possible and to change passwords after service completion. We maintain secure systems for credential management during service provision.
5.3 Data Handling: Any client data accessed during service provision will be handled according to data protection best practices and will be accessed only as necessary for service delivery.
5.4 Service References: Unless explicitly prohibited by the client, we reserve the right to list the client as a reference or include general service descriptions (without confidential details) in our portfolio.
Termination
6.1 Service Termination: Either party may terminate services with written notice. For ongoing services, a notice period of 14 days is required unless otherwise specified in a separate agreement.
6.2 Refund Policy: Refund eligibility for terminated services depends on the service type and completion status. Fully completed services are generally not eligible for refunds. Partial refunds may be considered for incomplete services at our discretion.
6.3 Post-Termination Obligations: Upon service termination, clients are responsible for ongoing management of their systems. We may provide transition documentation upon request but are not obligated to provide ongoing support after termination.
6.4 Data Retention: We retain client information and service records for a reasonable period after service termination for record-keeping purposes. Clients may request deletion of their information subject to legal retention requirements.
Indemnification and Liability
7.1 Limitation of Liability: Our liability is limited to the total amount paid for the specific service in question. We are not liable for indirect, consequential, incidental, or special damages arising from our services.
7.2 No Warranty: Services are provided "as is" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
7.3 Client Indemnification: Clients agree to indemnify and hold us harmless from any claims, damages, liabilities, costs, or expenses arising from the client's content, use of services, or violation of these terms.
Payment Terms
This section outlines the payment structure, methods, and policies for our technical services.
Pricing Structure
1.1 Service Pricing: Our services are priced using one of the following models, depending on the nature of the service:
Fixed Price Services
Standard services with clearly defined scopes such as basic WordPress installations, standard SSL setup, or email configuration packages.
Hourly Rate Services
Complex or custom services such as troubleshooting, advanced server configurations, or custom migration projects.
Monthly Subscription
Ongoing maintenance, monitoring, or management services that require continuous attention.
Custom Packages
Tailored service bundles designed for specific client needs that combine multiple service types.
1.2 Price Quotation: All services will be quoted in advance based on the requirements provided. Quotes are valid for 14 days unless otherwise specified. Complex services may require initial assessment before a final quote can be provided.
1.3 Price Changes: For ongoing services, we reserve the right to adjust pricing with 30 days' notice. One-time service prices will not change after agreement unless the project scope changes.
Payment Methods
2.1 Accepted Payment Methods: We accept the following payment methods for all services:
2.2 Currency: All services are priced and billed in USD unless otherwise specified. International payments may be subject to exchange rate fluctuations.
2.3 Payment Instructions: Detailed payment instructions will be provided with each invoice. Clients are responsible for any transaction fees associated with their chosen payment method.
Payment Schedule
3.1 One-Time Services: For fixed-price, one-time services:
- Services under $500: Full payment is required before service commencement.
- Services over $500: 50% deposit before commencement, with the remaining 50% due upon completion.
- For hourly rate services: An initial retainer may be required, with additional hours billed as they occur.
3.2 Recurring Services: For subscription-based or recurring services:
- Monthly subscriptions: Billed on the 1st of each month for that month's services.
- Quarterly subscriptions: Billed at the beginning of each quarter.
- Annual subscriptions: Billed annually with a potential discount compared to monthly rates.
3.3 Invoicing: Invoices will be sent electronically to the client's designated email address. Clients are responsible for ensuring they receive and review invoices.
Important Note: Service commencement may be delayed until required payments are received. For time-sensitive projects, please ensure prompt payment.
Late Payments
4.1 Payment Terms: All invoices are due within 14 calendar days of the invoice date unless otherwise specified on the invoice.
4.2 Late Payment Fees: Payments received after the due date may be subject to a late payment fee of 5% of the outstanding amount. Additional late fees may accrue at 1.5% per month on any unpaid balance.
4.3 Service Suspension: We reserve the right to suspend ongoing services for accounts with overdue payments. Service will resume upon payment of all outstanding amounts.
4.4 Collection Costs: Clients are responsible for all reasonable expenses incurred in collecting overdue payments, including legal fees if applicable.
Refunds and Cancellations
5.1 Cancellation Policy: Service cancellation requests must be submitted in writing:
- One-time services: Cancellation before work commences may be eligible for a full refund minus a 10% administrative fee.
- One-time services: Cancellation after work commences may be eligible for a partial refund based on the percentage of work completed.
- Recurring services: Cancellation requires a 30-day notice period. Service will continue during this period, and standard payment is required.
5.2 Refund Eligibility: Refunds may be issued under the following circumstances:
- Services not delivered as described, after we've been given reasonable opportunity to rectify the issue.
- Services canceled before commencement, subject to the cancellation policy.
- Overpayment or duplicate payment errors.
5.3 Refund Processing: Approved refunds will be processed using the original payment method when possible. Refund processing may take up to 14 business days, depending on the payment method.
5.4 Non-Refundable Items: The following are generally not eligible for refunds:
- Third-party costs already incurred (domain registrations, SSL certificates, software licenses).
- Services that have been fully delivered and completed as described.
- Custom development or configuration work that has been approved and implemented.
Liability & Disclaimers
This section outlines important information regarding liability limitations, warranties, and disclaimers that apply to our services.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE.
OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SHALL NOT EXCEED THE GREATER OF:
- THE AMOUNT PAID BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR
- ONE HUNDRED DOLLARS ($100.00).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
Important Note: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you.
Disclaimer of Warranties
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT:
- THE SERVICE WILL MEET YOUR REQUIREMENTS;
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS;
- ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, and employees, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
- Your access to or use of our services;
- Your violation of these Terms and Conditions;
- Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right;
- Any content or information you provided to us;
- Any claim that your content caused damage to a third party.
This defense and indemnification obligation will survive these Terms and Conditions and your use of our services.
Force Majeure
We shall not be liable for any failure or delay in performance of our obligations under these Terms and Conditions arising out of or caused, directly or indirectly, by circumstances beyond our reasonable control, including but not limited to:
- Natural disasters or extreme weather events;
- Terrorism, war, riots, or civil unrest;
- Epidemics or pandemics;
- Power failures, internet service provider failures, or other infrastructure failures;
- Labor disputes or strikes;
- Government restrictions or actions;
- Fire, flood, or explosion;
- Major equipment or system failures.
In the event of such a force majeure occurrence, we will make reasonable efforts to notify you and resume performance as soon as reasonably possible.
Third-Party Services
Our services may involve the use of third-party products, services, or platforms such as hosting providers, domain registrars, email service providers, and content management systems. Please be aware that:
- We do not control and are not responsible for the actions, content, privacy policies, or practices of any third-party services.
- Your use of third-party services may be subject to separate terms and conditions imposed by the third-party providers.
- We do not guarantee the continued availability or functionality of any third-party service.
- Issues with third-party services may impact the services we provide to you.
By using our services that integrate with or depend upon third-party services, you acknowledge these limitations and agree that we shall not be liable for any issues arising from or related to third-party services.
Security and Data Protection
While we implement reasonable security measures to protect your data and systems, no digital environment can be completely secure. Therefore:
- We cannot guarantee absolute security of your data or systems.
- We are not liable for unauthorized access to your data or systems despite our security measures.
- You acknowledge that you provide us with access to your systems and data at your own risk.
- You are responsible for maintaining the security of your account credentials and not sharing them with unauthorized parties.
In the event of a security breach affecting your data or systems, we will make reasonable efforts to notify you promptly and take appropriate remedial actions within our control.
Legal Notice: The limitations of liability and disclaimers in these Terms and Conditions do not seek to exclude liability where prohibited by law, including liability for fraud, gross negligence, or willful misconduct.
Confidentiality & Data Protection
This section outlines how we handle and protect your data, information, and credentials during the course of providing our services.
Information Handling
1.1 Confidential Information: We respect and protect all information shared by you during our service relationship. Confidential information includes, but is not limited to:
- Account credentials and login information
- Business strategies and proprietary processes
- Client lists and user data
- Technical configurations and server architectures
- Private correspondence and service specifications
- Financial information and payment details
1.2 Information Usage: We will only use your confidential information for the specific purpose of providing the requested services. Your information will not be used for marketing purposes or shared with third parties unless explicitly required to fulfill the services you have requested.
1.3 Information Storage: We implement industry-standard security measures to protect your confidential information from unauthorized access, alteration, or disclosure. This includes secure data storage, encrypted communications, and access restrictions.
Credential Management
2.1 Secure Handling: All credentials provided to us (such as passwords, API keys, access tokens) are treated with the highest level of security. We employ the following practices:
Encrypted Storage
Credentials are stored in encrypted format when retention is necessary
Limited Access
Only personnel directly involved in your service have access
Temporary Storage
Credentials are only retained for the duration needed
Secure Transmission
Credentials are transmitted only via secure channels
2.2 Credential Recommendations: For optimal security, we recommend the following practices when sharing credentials:
- Provide temporary credentials when possible
- Use secure password-sharing tools rather than email
- Create service-specific accounts with appropriate permission levels
- Change passwords after service completion
- Enable two-factor authentication where available
Security Recommendation: We strongly encourage you to change all passwords and access credentials once our service work is completed to maintain the security of your systems.
Data Protection
3.1 Personal Data: In the course of providing our services, we may have access to personal data stored on your systems or services. We are committed to handling this data in accordance with applicable data protection laws and regulations.
3.2 Data Processing Principles: When handling personal data, we adhere to the following principles:
- We access only the data necessary to provide the requested services
- We do not copy or retain personal data beyond what is necessary for service provision
- We implement appropriate technical and organizational measures to protect data
- We do not transfer personal data to third parties without your explicit consent
- We assist in responding to data subject requests when applicable
3.3 Data Breach Response: In the unlikely event of a data breach affecting your information, we will:
- Notify you without undue delay upon becoming aware of the breach
- Provide information about the nature of the breach and affected data
- Cooperate to mitigate potential adverse effects
- Support your compliance with any regulatory notification requirements
Intellectual Property Protection
4.1 Ownership Recognition: We respect your intellectual property rights. All content, code, designs, and materials provided by you remain your exclusive property. Similarly, our proprietary tools, methods, and systems remain our intellectual property.
4.2 Usage Limitations: We will not use, reproduce, or adapt your intellectual property beyond what is necessary to provide the agreed-upon services. This includes but is not limited to:
- Website content and designs
- Custom scripts and applications
- Business processes and methodologies
- Branding elements and marketing materials
4.3 Service References: Unless you explicitly opt out, we reserve the right to reference our working relationship in our client list and portfolio. This reference will only include publicly available information and will not disclose confidential details about the specific services provided.
Confidentiality Duration and Termination
5.1 Duration: Our confidentiality obligations remain in effect throughout our service relationship and continue for a period of two (2) years after the completion or termination of services, unless a longer period is required by applicable law.
5.2 Information Return or Destruction: Upon the termination of services or at your request, we will:
- Return all confidential information and materials provided by you
- Securely delete or destroy any copies of confidential information in our possession
- Provide confirmation of destruction when requested
5.3 Exceptions: We may retain certain information as required by law, for legitimate business purposes, or as necessary to protect our legal interests. This retained information will continue to be protected under our confidentiality obligations.
Confidentiality Commitment
We understand that trust is fundamental to our service relationship. Our commitment to protecting your confidential information is unwavering, and we implement robust measures to ensure your data remains secure throughout our engagement.