This agreement is between Nazler Digital Agency (PROVIDER) and the party seeking hosting services (CLIENT). As an organization or individual seeking web hosting services, the client agrees to the following:
1. FEES AND PAYMENT
As consideration for the Services, you agree to pay to us all fees (including applicable taxes) as specified for the Service. Fees will be billed quarterly in advance for the upcoming quarter. All fees payable are due upon receipt of your invoice from us and are non-refundable. All additional Service fees will be invoiced monthly on the last day of the month in which they occurred.
Length of service
Fees for services are charged for a term of one quarter in advance, however, there is no minimum number of terms required. Credit Card Payment
Effective January 1, 2013, all hosting clients are requested to pay with Visa or Mastercard for hosting fees. If you prefer to pay by check, hosting will be billed annually for the upcoming year. Renewal by client
This agreement will automatically renew for successive three (3) month terms unless cancelled in writing by Client at least 30 days prior to the end of term renewal date. Renewal of services by Client indicates agreement to any contract revisions. Renewal prices are subject to change, however the client will be notified at least 30 days prior to the next billing cycle should any changes take place. Failure to pay
Failure of Client to remit payment to Nazler by the invoice due date is cause for removal of the Client's web site files from the Nazler server. Client agrees that Nazler shall not be held liable for such removal or disconnection, nor for any work or costs associated with restoring service.
2. TERMINATION OF SERVICES
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Written notice may be by postal, email or fax transmission. Nazler reserves the right to verify all cancellations before terminating service. Notwithstanding the above, Nazler may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with any of the terms of this Agreement.
3. SITE LEGITIMACY AND LEGAL USE
Client represents that, to the best of the their knowledge and belief, the websites used with this Service do not directly or indirectly infringe on the legal rights of any party, and that the website is not being used for unlawful purposes.
Client further agrees, unless otherwise authorized by us in writing, not to use the Services to deliver pornographic materials, as defined in our sole discretion, including, but not limited, to video or images of naked or semi-naked people, or people appearing in sexual situations. If, in our opinion you have used the Services for this purpose, we reserve the right to immediately terminate Services.
Client further agrees not to use the Services to deliver unsolicited bulk e-mail ("spam"). If, in our opinion you have used the Services for this purpose, we reserve the right to immediately terminate Services.
4. LIMITATION OF LIABILITY
Client expressly agrees that use of the server offered by Nazler is at your sole risk. Neither Nazler, its employees, affiliates, agents, merchants licensers or the like, warrant that the server 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 server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Nazler server service.
Client agrees that our entire liability, and your exclusive remedy, with respect to any Service(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount paid for such Service(s). Nazler and/or its contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, Nazler’s liability is limited to the extent permitted by law. Nazler disclaims any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. Client agrees that Nazler will not be liable for any loss of registration and use of your domain name(s), or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Nazler has been advised of the possibility of such damages.
Client agrees to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, from claims by third parties, including but not limited to events relating to or arising from this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided.
6. TRANSFER OF SERVICE
There is no provision to transfer the service to another party under this Agreement. Where a transfer of Service to another party occurs, it is deemed to have occurred by the original parties to this Agreement canceling the Agreement, and the new parties entering into a new Agreement.
This Agreement shall be binding upon the parties, their heirs, successors, assignees, and personal representatives. This Agreement constitutes the entire understanding of the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. No terms attached to any check for payment under this Agreement can modify the Agreement except under an independent instrument in writing signed by both parties. Any dispute regarding this agreement shall be arbitrated in Washington State under the rules of the American Arbitration Association and the laws of Washington State. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of Washington and courts of such state shall have exclusive jurisdiction and venue.