These Terms and Conditions, together with our providers Service Level Agreement (“SLA”) located at (https://www.uniquewebdevelopment.com/sla/), and the Acceptable Use Policy (“AUP”) located at (https://www.uniquewebdevelopment.com/aup/), each of which is incorporated by reference, set forth the terms and conditions pursuant to which Unique Web Design Inc. (“Company”, “we”, “us”, or “our”) will provide the Services to you (“Agreement”).
We may update this Agreement from time-to-time. In the event of a material change to this Agreement, we will provide you with written notice. Your continued use of the Services following such updates constitutes your acceptance of the same. If you do not agree to the terms of any modification, you may terminate this Agreement in accordance with the Termination section below.
Subject to the terms and conditions of this Agreement, we will provide Web Hosting services for you subject to the following terms:
Length of Service
You agree to one (1) 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 one (1) month Terms unless canceled in writing by Client at least 14 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.
- Length of Service
Taxes & Payment
We may be required to collect taxes on the Services. Taxes (excluding taxes on our income) will be added to the Fees and you agree to pay them, unless you provide us with a valid tax exemption certificate. If you elect to pay via a wire transfer or credit transfer then you are responsible for any transfer fees, which will be automatically added to the Fees.
- Taxes & Payment
While we do provide backup, there is no guarantee that the backup will work properly and that the content will be completely recovered or formatted properly. You are solely responsible for keeping a separate backup of any data that you do not want to lose.
We uphold the service availability of our provider at 99.95% (“Service Availability”), calculated on a calendar month basis as outlined in the SLA.
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 per the SLA. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Term and Termination
Acceptable Use Policy
Using our Services requires common sense, and you agree not to use the Services in ways that violate the law, harm other people or our network, or breach Internet community standards. Please review our vendors Acceptable Use Policy for full details.
If you do not pay on time, within 30 days of the invoice date, we may suspend or terminate the Services and terminate this Agreement. In addition, Third Party Services may be forfeited. We may also send you to collections, and add to the Fees any charges associated with collecting unpaid Fees. If the Services are suspended because we do not receive payment, Customer Content will be deleted.
Either party may terminate this Agreement and any Order at any time for any reason at any time for any reason or no reason by providing the other party with 30 days’ prior written notice. Additionally, we may terminate this Agreement or any Order immediately if (i) you fail to pay for Services on time, (ii) your use of the Services endangers or negatively affects our networks or systems, violates the law or our AUP, or inhibits our ability to provide services to our other customers.
Upon any termination or expiration of this Agreement we will stop providing the Services. This means that Customer’s Content may not be available. It is Customer’s sole obligation to keep separate backups and to download the Customer Content prior to termination or the expiration this Agreement.
- Acceptable Use Policy
Other than as is expressly set out in the SLA, the services are provided as-is, as available, and with all faults. Except as expressly provided in the warranties section above, we make no warranties of any kind, whether express, implied, statutory or otherwise, and Unique Web Design Inc. and its licensors specifically disclaim all implied warranties, including, but not limited to; any warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted or error free service, error correction, availability, accuracy and any and all implied warranties arising from statute, course of dealing, course of performance or usage of trade to the maximum extent permitted by applicable law.
Limitation of Liability and Remedies
- In no event shall our liability arising out of, or related to, this agreement, for any reason, including, but not limited to, contract, tort or under any other theory of liability, exceed in the aggregate amount of fees paid or owed by customer to us in the three months preceding the claim.
- In no event shall we or our licensors have any liability to customer for any indirect, special, incidental, consequential, cover or punitive damages however caused, arising out of, or in any way connected with, the services, including, but not limited to, the use, or inability to use, the services or for any content, or any interruption in the services, whether in contract, tort or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages.
- Customer agrees that the SLA contains customer’s sole and exclusive remedy for interruption, partial unavailability, and complete unavailability of the services, and any other item set out in the SLA.
- The disclaimers and limitations provided herein do not apply to the extent prohibited by applicable law.
You agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third party arising out of your conduct that constitutes a violation of our Authorized Use Policy. Customer will indemnify us for damages finally awarded against us in connection with any such claim (or for a settlement amount Customer consents to).