§1. Legal Notice:
DeSalvio Web DeSigns leases Unlimited Hosting Server Service from DreamHost Web Hosting Server Service and is authorized through DreamHost to resell Unlimited Web Hosting Server Service to our clients. DeSalvio Web DeSigns brokers web hosting space from DreamHost Web Hosting’s Server Service and provides technical knowledge and insight to our hosting clients to facilitate site configuration.
The Client expressly agrees that use of DeSalvio Web DeSigns Hosting Service is at The Client’s sole risk and either DeSalvio Web DeSigns, its employees, affiliates, agents, third party information providers, merchants, contractors, licensers or the like, warrant that DeSalvio Web DeSigns Hosting service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Hosting service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the DeSalvio Web DeSigns Hosting service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall DeSalvio Web DeSigns, its offices, agents or anyone else involved in creating, producing or distributing hosting server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the DeSalvio Web DeSigns Hosting Service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to DeSalvio Web DeSigns Hosting records, programs, files, accounts or services. The Client hereby acknowledges that this paragraph shall apply to all content on DeSalvio Web DeSigns Hosting service.
Notwithstanding the above, The Client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which The Client paid during the current contract term.
The Client agrees that it shall defend, indemnify, save and hold harmless, DeSalvio Web DeSigns from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against DeSalvio Web DeSigns, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by The Client, its agents, employees or assigns. The Client agrees to defend, indemnify and hold harmless DeSalvio Web DeSigns against Liabilities arising out of:
- Any injury to person or property caused by any products sold or otherwise distributed in connection with DeSalvio Web DeSigns Hosting Service;
- Any material supplied by The Client infringing or allegedly infringing on the proprietary rights or Intellectual Property of a third party;
- Copyright or trademark infringement;
- Any defective product, warranties and claims which The Client sold on DeSalvio Web DeSigns Hosting Service;
- Unauthorized access and/or use of personal, private or financial data or files stored on the server space provided by DeSalvio Web DeSigns.
The Client may only use DeSalvio Web DeSigns Hosting Services for lawful purposes. Transmission of any material in violation of any Country, Federal, State of Local laws or regulations is prohibited.
The Client is prohibited from using DeSalvio Web DeSigns Hosting Service to house copyrighted information to which The Client does not retain legal rights to use.
DeSalvio Web DeSigns offers web hosting services for $40 per month and reserves the right to adjust pricing, make administrative adjustments, apply discounts and adjust service as needed. The Client has the right to specify an acceptable billing cycle (Monthly, Biennially, Annually). The Client can adjust the billing cycle between cycles, progressively (Monthly-Biennially-Annually) but is restricted from adjusting regressively (Annual-Biennial-Monthly) while engaged in a payment term.
DeSalvio Web DeSigns will bill for hosting on the 10th day of each month where hosting is due and payment will be due by the end of that calendar month. The Client will receive an invoice by e-mail (specified at signing) and will have the ability to view the invoice online. All invoicing is handled through DeSalvioWebDeSigns.com and requires The Client to make a free user account to securely access their account. An e-mail reminder will be sent out on the 20th day of each month where hosting is due and will resume until payment has been made. In the event payment has not been made by the end of the month where hosting is due, a late notice will be e-mailed the following day. The Client will be contacted directly by DeSalvio Web DeSigns to discuss the delinquency of the account. Lack of payment will follow §6. Default of Payment as outlined below.
§6. Default of Payment:
Default of payment will be determined on a per project basis and if unspecified by DeSalvio Web DeSigns will default to 30 calendar days from original dated invoice unless otherwise stated. In the event of a late payment occurring on or after 12:00am of the 31st day will be subject to a 10% late fee based on the overall invoice total and will therefore be granted an additional 10 calendar days to complete payments.
In the event that payment is not received and the account not made current, the hosting account and/ or website will be suspended pending further agreements. The Client agrees to pay an additional startup or activation fee of $_______ to re-establish the hosting account.
Removed pages will not be restored until the invoice amount has been paid in full, including any and all associated fees. The Client shall not under any circumstances be charged labor fees associated with the removal process. DeSalvio Web DeSigns shall accept no responsibility to any monetary business loss or damages associated with the removal of the page as it is at the discretion of The Client to accept these terms upon initiating the project and is aware of any such stipulations.
§6. This Agreement:
This agreement constitutes the sole agreement between DeSalvio Web Designs and the Client regarding this Web Design Project. Any additional work not specified in this contract (Web Design) or any other amendment or modification to this contract must be authorized by a written request signed by both Client and DeSalvio Web Designs. All prices specified in this contract will be honored for 6 months after both parties sign this contract. Continued services after that time will require a new agreement.
The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business.