HOSTING WITH BAILEY AVENUE – TERMS OF SERVICE
We’ll always do our best to fulfill your needs and meet your expectations. But it’s important to have things written down so we both know what’s what, who should do what, and when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text. I have no desire to trick you into signing something that you might later regret. I want what’s best for both parties, now and in the future.
Website or Web Application Owner, the Client, and the Hosting Provider, the Company Bailey Avenue Design.
The purpose of this Agreement (hereafter referred to as the “Agreement”) is to precede a longer-term contract arrangement under which the Company will provide Web Hosting services on behalf of the Client.
Subject to the terms and conditions of this Agreement, Company will provide Web Hosting services for Client subject to the following terms:
SECTION 1 – LENGTH OF SERVICE
The client agrees to an initial twelve (12) month contractual term of service (“Term”). If the client would like to cancel, cancellation must be given in writing with at least 3 months in advance. Upon cancellation, if the client wishes to transfer the domain away from our servers, there will be a transfer fee of $150. This fee must be paid prior to any transfer being made. To initiate the transfer, the domain must be more than 60 days old. This is not a rule implanted by Bailey Avenue, but by ICANN, the organization that governs domain registrations.
SECTION 2 – 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.
SECTION 3 – RENEWAL BY CLIENT
This Agreement will automatically renew for successive twelve (12) month Terms unless canceled in writing by Client at least 90 days prior to the end of the Term renewal date. 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 the Client’s account.
SECTION 4 – TERMS OF PAYMENT
Terms of payment are C.O.D. unless credit approval has been granted by Company. If credit approval has been granted, credit terms are net 10 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 15 days.
SECTION 5 – PROPRIETARY INFORMATION
Proprietary information exchanged hereunder shall be treated as such by the Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information, and pricing. The client further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code, or technology delivered to Client or any portion thereof.
SECTION 6 – CENSORSHIP
The company will exercise no control whatsoever over the content of the information passing through the network, email, or website.
SECTION 7 – WARRANTIES
The company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. The 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 the 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 the Company is at the 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. The company does not represent guarantees of speed or availability of end-to-end connections. The company expressly limits its damages to the Client for any non-accessibility time or other downtimes to the pro-rata monthly charge during the system unavailability. The company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
SECTION 8 – 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.
SECTION 9 – TERMINATION
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.
SECTION 10 – DISPUTES
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.
SECTION 11 – INDEMNIFICATION
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.
SECTION 12 – GENERAL
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 the State of Virginia. 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.
SECTION 13 – APPROVAL
By signing this contract, signing up for our hosting service via our website, or by expressing your confirmation in writing (on paper or in electronic form), you agree to all the terms and conditions of this contract, which is effective from the most recent date that appears in the signing page or email.
SECTION 14 – CONTACT INFORMATION
Questions about the Hosting with Bailey Avenue Terms of Service should be sent to us at email@example.com.