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Terms of Service | Flatt Web Solutions
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Terms of Service

Terms of Service

Flatt Web Solutions Terms of Service (Last Rev. 4/13/2016)

 

Website Maintenance / Repairs

1. We will notify you at least one week before we need to do any routine maintenance to your website.  The routine maintenance will be conducted either at night (non peak hours) or during the weekends to minimize any downtime issues that may occur.  If the maintenance requires work to be done during peak hours, you will be notified at the same time during our initial notification.

2.  We reserve the right to take the server offline to do any emergency repairs or maintenance on the server that we deem necessary.  You will be notified as soon as possible of what has happened and why we needed to take the server offline.  You will also be given a time frame of downtime that is expected due to the emergency.

3. Maintenance that is conducted at our data center that does not fall on the weekend or at night is out of our control.  We will not be held responsible for any downtime due to maintenance that they produce.  It’s simply out of our control.

Website Updates

1. Depending on which website maintenance package you’ve signed up for you’re eligible for *minor* website updates.  Website update requests will be completed no more than 24 hours after your request.  Website updates do not roll over from month to month.

2.  What constitutes a minor update will be dealt with upon the website update request.  You will be notified before any updates are made if it does not meet Flatt Web Solutions criteria for being a minor update.  If it is not a minor update we charge a $45/hr fee to update your website.

3. Social Networking upgrades will be completed no more than 24 hours after your request has been made.  Each social network update request will be minor updates, similar to the website updates.  If we deem your social network update to be beyond what we feel is fair we will notify you.

Website Backups

1. We offer a website backup option that can be added to your account, this option is $10/month.  You do not have access to the server where the backups are stored.  Upon request we can provide you with the backup, please allow no less than 24 hours for us to grant this request.

2. We store no more than 5 days of website backups on our server.  If you need a backup of your site prior to that 5 day period we can not be of assistance.

Website Design

1. Once you contact us about wanting a website designed, we will put together a quote for you based on the requests you’ve made.  Once this quote is made we will honor this price for 30 days.  If you would like items changed/added to the website after a quote has been agreed upon we will notify you that this is an addon, and the time it will require.  We charge $45/hr for additions above and beyond the original price quote.

2. Once the website has been completed you’ll have 30 days from the invoice date to pay.  We accept Paypal, or check.  All invoices have the name and address to send the checks to.

Website Management Payments

1. Fees for individual Services are set out on the page describing the Service (Fees). We will begin to charge you for those Fees on the Effective Date of that Service. Certain Fees are based on usage rate of the Services. These will be calculated as set out on the website describing the Fees, and added to the Fees. Other than usage based Fees, all Fees are billed in advance. Special promotions applied to Fees do not reoccur, nor will promotions offered to other customers necessarily be offered to you. Fees paid to third parties and set up fees are not refundable.

2. Fees do not include taxes. Any taxes imposed by a governmental entity on the Services will be added to the Fees unless you provide Flatt Web Solutions with a valid tax exemption certificate. Flatt Web Solutions will not add any taxes that are based on its corporate income.

3. The date Fees are due is set out on the webpage describing the particular Services (Due Date).

4. If you provide us with a credit card to pay the Fees, we will attempt to charge your card no sooner than five days prior to the Due Date. It is your obligation to ensure that your credit card may be charged. We have no responsibility to provide the Services, or preserve data, if your credit card is declined for any reason.

4.2. If you fail to pay Fees by the Due Date, a late fee will be assessed to the invoice due. For Website Management / Hosting Accounts 10 days past due, a late fee calculated at 20% of the balance or the maximum amount allowed by law will be due to re-activate service.  Late fees will be compounded. If your overdue balance includes multiple services, each associated late fee will be added to the late fees and compounded.

5.1. If an account holder submits a bank assisted dispute for services rendered, their hosting account will be de-activated within 48 hours if the payment issue has not been recovered. A $50.00 charge back fee will be added to the amount disputed by the customer.

5.2. Any debt not paid 90 days after the due date will be forwarded to an outside collections agency for proper collection. At that time, the account holder will incur a $50.00 USD collection fee added to the balance previously due. or the maximum amount allowed by law, and if it pursues collection efforts, you agree to pay all of our expenses, including, but not limited to, reasonable attorneys’ fees.

6. If you dispute any Fees, you agree to provide Flatt Web Solutions with written notice and evidence supporting your arguments prior to the Due Date. Flatt Web Solutions will review your dispute in good faith, and respond within thirty days of receiving notice of the dispute. If you disagree with our response, we both agree to negotiate in good faith for an additional thirty days. If after this period of time the dispute is not resolved, then we both may pursue the matter pursuant to the terms of paragraph 7. As consideration for providing you with a Fee dispute resolution provision, you agree to pay all Fees not in dispute and only use this procedure for bona fide, good faith, bill disputes.

7. If you terminate a Service in any manner other than as set out in this TOS, or fail to cure a material breach, then you agree to pay, within five days of giving notice of termination, all Fees that would have been payable to us had the early termination not occurred (Early Termination Fee). You agree to the Early Termination Fee as consideration to Flatt Web Solutions for foregone business opportunities associated with limited network resources, and agree that this is a material inducement to Flatt Web Solutions entering into this TOS .

8. If the Service Order includes a third party service, Flatt Web Solutions cannot guarantee that the fee charged by this vendor will remain the same during the Term. If the vendor changes its fee, this increase will be passed on to you.

Termination and Suspension

1. Either party may terminate a particular Service by providing the other with five days written notice prior to the expiration of a Term. **Your termination request must be received by us five days prior to your next billing cycle. If you fail to do so, you will not receive a refund of any Fees paid to renew the service.** In order for you to effectively terminate this Agreement, you must complete the cancellation form located here http://my.flattwebsolutions.com/clientarea.php?action=cancel&id=1. Other forms of termination will not be accepted as termination of this Agreement. In addition, either party may terminate a particular Service if the other breaches a material term of the TOS and such a breach is not cured within thirty days of the non-breaching party’s presentation of written notice to the breach party, or immediately if the breach is incapable of cure. In the case of our AUP, you will be provided a time period to cure any breach. Either party may also terminate this TOS, or an individual Service, if the other party becomes the subject of any type of bankruptcy or insolvency.

2. Flatt Web Solutions may suspend the Services if you fail to pay the Fees by the Due Date, if providing them is prohibited by law or regulation, if you use End of Life software, hardware or systems on or in conjunction with the Services, or if you fail to cure a violation of our AUP or RAP within the amount of time set out in the notice, which the parties agree to be a material breach for which Flatt Web Solutions’s original notice was your opportunity to cure. In the latter case, Fees will continue to accrue until the violation is cured.

3. If you terminate a services, we will process your termination request within 72 hours. Once we process your request, you have 24 hours from the time of our notification to you to withdraw your request. If the request is not withdrawn, your account will not remain on line.

Confidentiality

1. “Confidential Information” is non-public information, know-how and trade secrets in any form that are designated by the parties as confidential, or which a reasonable business person knows, or reasonably should understand, to be confidential. The following items are within the definition of Confidential Information without needing to be designated as such: this TOS; any information placed by Client on the Services, as limited by the Privacy Policy (Client Data); and Flatt Web Solutions’s network configuration.

2. The following items are outside the definition of Confidential Information: information that is, or is made, publicly available without a breach of this paragraph; was known by a party without a legal obligation to keep it confidential; is independently developed by a party without reference to the Confidential Information; is a comment or suggestion Client volunteers to improve Flatt Web Solutions’s products or services.

3. Subject to this paragraph, the parties agree not to disclose the Confidential Information to third parties, other than as necessary to provide the Services, and then only for the purposes set out in this TOS. The parties agree to take reasonable steps to ensure the security and confidentiality of the Confidential Information, steps at least as protective as those used to protect their own Confidential Information. One party shall notify the other in writing within twenty four hours of its discovery of disclosure of the Confidential Information, and cooperate with the other to regain control and prevent further dissemination of the Confidential Information.

4. Either party may disclose the other’s Confidential Information to affiliates, or if required to comply with a court order or other government demand that has the force of law. However, the party subject to the court order agrees to give the other party notice within a reasonable period of time to allow the owner of the Confidential Information to protest it, unless notice is prohibited.

5. The obligations of this Section shall remain in effect for three years after termination of this agreement.