The service that is subject to the following agreement is provided by WebTech Group, Inc and its wholly owned subsidiary customhost.net and will be referred to as WebTech Group for the sake of brevity in this document.
- ENTIRE AGREEMENT; SERVICE AGREEMENT
WebTech Group shall provide its Services to You (the Customer) under the Terms and conditions of this Customer Agreement. The Agreement is intended to keep the integrity of both and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the performance, and reliability of our services. The Customer Agreement constitutes the whole act of convention between WebTech Group and the Customer, thus being the most significant document of the newly-established relationship. In case that a court of competent jurisdiction considers that any of the Agreement's provisions is invalid, unenforceable, or void, the remaining ones will completely reserve their validity. Customer's side of the Agreement could be presented by the following parties: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state's law system. If a person represents the Customer for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement. You understand and agree that the Service is provided "AS-IS" and that WebTech Group assumes no responsibility for the timeliness, deletion, and failure to deliver or store any Customer communication or personalization settings.
- WEBTECH GROUP HOSTING SERVICES
WebTech Group provides hosting services through its subsidiary, customhost.net. Terms and conditions of the hosting service provided by customhost.net can be found at this link.http://www.customhost.net/?lang=en&action=terms All web sites designed by WebTech Group must be hosted by customhost.net for the first year. Customer may designate another hosting provider upon the renewal date. If customer does decide to use a different hosting provider, customer assumes all responsibility for transfer of files and data. Neither WebTech Group nor customhost.net will be responsible for any loss of data, files, images or any problems, difficulties or damages to the web site caused by the transfer.
- SERVICE GUARANTEES
WebTech Group offers a satisfaction guarantee. This is limited to the web design services that WebTech Group has offered to furnish to the customer and does not include registration of domain name or purchase of hosting account that has a separate guarantee. Domain names, once registered cannot be cancelled or the cost refunded. The satisfaction guarantee simply stated is that if the customer is not happy with the design of the web site he is not obligated to pay any fees to WebTech Group associated with the design. This, however, does not refer to any fees or costs incurred by the customer for providing any information, design, or image to WebTech Group related or not related to the design of the web site. WebTech Group will not be liable for any damages caused by its failure to design or publish a web site regardless if that failure was intentional or not. The web site design and all files related the the design remains the property of WebTech Group until customer has paid the fees in full. The 30 day money back guarantee applies to the hosting account with customhost.net and not to the web site design by WebTech Group.
- PAYMENT, AND RETURNED CHECKS
WebTech Group accepts payment through PayPal as well as company checks on terms that are determined at the time customer agrees to use our design services. Non-payment, and returned checks will result in removal of the web site along with all data and files being immediately removed from the servers at customhost.net and will no longer be accessible until payment is received. WebTech Group will not be responsible for any damage, loss or costs incurred by the customer if the web site is not available for viewing due to non-payment of fees.
- WARRANTIES AND REPRESENTATIONS
WebTech Group provides hosting through customhost.net on an "as is" and "as available" basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when customers' hosting with customhost.net confronts with service interruption issues.
- THIRD PARTY
Any dealings with third parties (including advertisers) included within the WebTech Group or customhost.net Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. customhost.net shall not be responsible or liable for any part of any such dealings or promotions.
You agree that WebTech Group, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.
- SERVICE DENIAL
WebTech Group reserves the right to reject its service and terminate this agreement for a certain period of time or indefinitely upon customers' failure to pay. The customer then is considered a debtor to WebTech Group and liable for reasonable interest and collection fees
- YOUR RESPONSIBILITIES
You are solely responsible for the content of your web site WebTech Group relies on its customers to furnish the information that is used in the web site and it is the customers responsibility to correct any information that may have erroneous, non-factual, discriminatory, or misleading messages You should.
- Provide true, accurate, current and complete information about the content of your web site
- You will receive a password and account designation upon completion of the web site and payment for the service. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account
- Each Customer guarantees to WebTech Group that he/she owns or possesses the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to WebTech Group that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.
- Each Customer empowers WebTech Group to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. WebTech Group is granted the right to assess the extent these operations need to be done
- FORCE MAJEURE CIRCUMSTANCES
WebTech Group will be in an off-liability position as regards the failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services. This agreement constitutes the whole act of convention between the parties with regard to the agreement signed between them. It is not subject to any amendments, modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the party to be charged
- This Agreement shall be interpreted in consistence with the laws of the State of North Carolina, US.
- This Agreement shall be in force and effect entirely to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. - The captions and headings contained in this TOS are aimed at facilitating the text comprehension. They are not a part of the very Agreement, and shall not limit or construe the provision they refer to. - This Agreement may be executed in counterparts, which will be considered as original
Copyrighted material must not be placed on Customers' accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account. Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will assume no liability to any Customer of the Services for the removal of any such material.
Customer shall not have the right to assign this Agreement without the written permission of customhost.net. This Agreement shall be in force and effect to the total benefit of Customer and customhost.net and their successors and permitted assigns.