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Primal Space Website Support Terms and Conditions
This document will act as terms and conditions of agreement for the contract between our company Primal Space, and you our client for the website support of the domain of your website. At Primal Space, we will always do our utmost best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go wrong. In this contract, you won’t find complicated legal terms or large passages of unreadable text.
You, our client, are hiring Primal Space to offer support for your website for the agreed price/package, as per our agreed scope of work outlined in our previous correspondence.
“Company” defined as Primal Space
“Client” defined as you, our hosting customer
Subject to the terms and conditions of this Agreement, Primal Space will provide support services for you our 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 cancelled 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.
Terms of Payment
Terms of payment are monthly in advance, unless credit approval has been granted by Company. A standing order is required to be setup to start for the agreed monthly amount on the agreed website support start date. Payments should continue monthly on the agreed date for the duration of the contracted period. Should a payment be missed, and not be received within 14 days of the due date, the Company reserves the right to withdraw any support services.
Where the client has not subscribed to one of our support packages. The Company can offer any support to our Client at our current hourly rate. Where the client does not have a support package that contains website backups. The Company offers no backups of the Client’s website data. Where recovery of data is required, or the recreation of data, our hourly rate will then apply to complete this work.
Email Hosting and Support
Within our hosting packages, email mailboxes can be setup on your domain for you free of charge. Each package has a different allowance of the quantity of mailboxes offered. While we offer POP/IMAP mailboxes to be setup, we do not offer support for setup, maintenance or recovery of emails that are hosted on any of our servers. You our client are responsible for the setup, maintenance and recovery of your email mailboxes. Backups of emails are not kept within any hosting packages. Our recommendation to clients is to use Office365 or Google Apps/Suite for email management and usage.
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 website.
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 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 Scotland, 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.