1.1. “Maintenance Service Fee” shall mean a rate paid by the customer for website maintenance and maintenance related support. This fee is paid monthly. The fee depends on the selection of the maintenance level upon application.
1.2. “Website Maintenance” shall mean basic website changes and additions and does not including Server Side Scripting or Database modifications.
1.3. “Server Side Script” shall mean a program that is processed on the server, before the information ever reaches the user’s computer. These programming languages include but are not limited to PHP, ASP and ASP.NET.
1.4. Software” shall mean any artwork, programs, procedures, rules, and any associated documentation pertaining to the operation of a website. For example, a website, Content Management System, 3rd party applications like Forums, Blogs etc.
The term of a agreement is a 30 days’ term. After the period of this agreement, a new agreement should be generated and send to the client if client wish to continue our services. Anything could be change in agreement to the new one including the price.
3.1. The term or renewal term can be terminated as per a 30 day cooling off period after the commencement or renewal date of the agreement. Notice of this termination must be made in writing.
3.2. If the customer terminates the agreement prematurely to its term, then any unpaid Maintenance Service Fee’s will be invoiced based on the longest serving level.
The Level of your Website Maintenance Agreement can be modified by giving 14 days’ notice in writing.
The customer agrees to provide Flaircart Technologies with reasonable access to all necessary personnel to answer any questions about any problems for website maintenance. We are not responsible for any 3rd party software, plugins, platform etc. Customer also agrees to promptly implement all updates provided by either a 3rd party or Flaircart if requested.
When requested and necessary, the customer shall provide Flaircart in writing a reasonable description of the maintenance required along with any additional information or software required to complete the Website Maintenance.
5.2. Primary Contacts
Our services are fully online based. If have to open a support ticket for your website maintenance. Our live chat also available if you have general inquires. You can also email us for any problems, information, support regarding our products. The customer shall also contact with local representative (if any) to serve as primary contact between the customer and Flaircart and to receive support through Flaircart`s support ticket. All of the customer’s support enquiry shall be initiated through these contact(s) and logged internally.
99% of the time Flaircart will start works on your Website Maintenance within (2) working days of receiving the request.
Upon identification of any Website Maintenance error, the customer shall notify Flaircart of such error and shall provide Flaircart with a problem report and enough information to reproduce the error. Flaircart shall use its reasonable efforts to respond to problem reports.
Flaircart shall begin to correct any reproducible Website Maintenance errors in the Software attributable to Flaircart with the level of effort commensurate with the error within one (1) business day. Flaircart shall not be responsible for correcting any errors not attributable to Flaircart.
No software, error correction or modification will go live on Fridays unless otherwise agreed upon. Support is limited over the weekend and this policy is designed to reduce the risk of critical errors over this period.
Flaircart may increase the Monthly, Quarterly, Semi-Annually, Annually Charge, Normal & Abnormal Hourly Charges as set out in this Agreement by giving 14 days’ prior written notice to take effect at the end of the notice period. In such an event, the Customer may terminate this Agreement before the end of the said notice period by a written notice to Flaircart.
You can open support ticket 24×7 for Website Maintenance. Website Maintenance service is available to be served Monday through Friday 6:00 A.M – 6 P.M (GMT-5)
11.1 All Payments should be paid within the due date period (written in the invoice).
11.2 All Website Maintenance plans are calculated for 30 days. You will be charged as per 30 days’ period.
11.3 One or more payment reminder will send to the client minimum 10 days before the due date.
11.4 If payment not received within the due date, an overdue amount shall be paid by customer which is $4 per day. If payment not received after 30 days from the due date, we shall suspend the account without any notifications or with an Email notification.
11.5 We are not responsible of service termination for Cheque Clearance. All cheque should be provide before 3 days from the due date.
11.6 If payment not received within 90 days from the due date, the account should be terminated permanently. We cannot reactivate it. we will be not responsible for any loss of data, money, personal asset or anything.
11.7 All services will be stopped immediately (Hosting, Domain, Email, FTP, Cpanel etc.) if we terminate or suspend the account for any reason.
11.8 Un-suspension might take 24-48 Hours.
12.1 We reserve the right to change, update, remove any terms, conditions, contracts, agreements etc. at any time without any notice or by an email notification.
12.2 All agreements, contracts are valid for the period of the invoice. (eg: If you subscribed our Maintenance Package for 6 months, the agreement will be valid only for 6 months, and a new agreement will be issued if you wish to continue our services.) An agreement could be valid for maximum 12 months.
12.3 No obligation is allowed against our decision. Our decision will be Final for any reason.
12.4 Monthly Website Maintenance fees require credit card for payment. No other forms of payment will be accepted for monthly website maintenance payments.
12.5 Website Maintenance fees may be paid with credit card. We accept Visa, MasterCard, American Express, JCB, Discover, and Diners Club.
12.6 Cheque might be allowed with special permission. All cheque should be given before 3 days from the due date.
12.7 An additional administrative fee of $25 will be charged to the clients account for any late payments or declined credit card charges.
12.8 An administrative fee of $35 will be charged for returned checks.
13.1 Clients may terminate this agreement at any time with 30 days’ written notice, additional fees may apply for early termination.
13.2 A fee of $150 will be charged to the clients account for terminating this agreement between the 1st month and the 3rd month of the agreement term.
13.3 A fee of $75 will be charged to the clients account for terminating this agreement between the 6th month and the 12th month of the agreement term.
13.4 After the initial 12 months, the client may terminate this agreement without paying any additional fees with 30 days’ written notice.
14.1 There are absolutely no refunds for any fees related to Website Maintenance Services.
14.2 If client wish to not use our services or suspend their account within or not within the valid service period, there are no Refunds for that.
14.3 A partial refund should be initiated only when client not getting requested services* (included with the package) for 10 days* (Time could be varying due any heavy jobs).
14.4 Refund will be credited into the client’s Cpanel account within 90 days. This amount could be only used to buy any of our products.
15.5 There are no refund for any unused time or period for Website Maintenance.
Universal Terms Of Service Agreement
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2019-02-27 10:29:14
This Flaircart Hosting Agreement (this “Agreement”) is entered into by and between Flaircart Technologies, LLC, a USA private limited company (“Flaircart”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Flaircart’s Hosting services (the “Services”), and represents the entire agreement between you and Flaircart concerning the subject matter hereof.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our Universal Terms Of Service Agreement, which is incorporated herein by this reference, and any other agreements or policies that are expressly incorporated herein.
The terms “we”, “us” or “our” shall refer to Flaircart. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
- DESCRIPTION OF SERVICES
We offer varying plans of Hosting Services:
Web Hosting. If you purchase Web Hosting, your site is placed within one or more servers and resources are shared between many customers on the same servers; however, your site is given a unique address (DNS).
Virtual Private Server (“VPS”). If you purchase VPS, you will share a server with other customers, but you will have full control over your server space and the complete configuration of your virtual instance on the server. You will have administrator (root) access and a dedicated IP address.
- LIMITATIONS; ACCOUNT TERMINATION
Migration of Servers. You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.
Termination of Services. You acknowledge and agree that upon expiration or termination of your Services, you must discontinue use of the Services and relinquish use of the IP addresses and server names assigned to you in connection with Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, then all such content will be deleted and we will not be able to provide a copy of such content.
Free Products Credits. Upon termination of the Services, all free products provided as part of the Services will be cancelled or revoked.
- YOUR OBLIGATIONS
Abusive Activities. You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Agreement. In addition to the General Rules of Conduct listed in our Universal Terms of Service, you agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services to: (1) disseminate or transmit any material that, to a reasonable person may be grossly offensive, vulgar or malicious; (2) attempt to mislead any person as to the identity, source or origin of any communication; (3) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization; (4) engage in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement or any of our policies; or (5) use your server as an “open relay” or for similar purposes.
We prohibit the running of a public recursive DNS service on any of our servers. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. We actively scan for the presence of public DNS services and reserve the right to remove any servers from the network that violate this restriction.
Storage and Security. You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers.
Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Services are not intended to provide a
PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use Flaircart Services in any way that shall impair the functioning or operation of it or any equipment used to operate it. Included, but not limited to, you shall not use the Services as: (1) a repository or storage for files; and/or (2) a place to store material that can be
downloaded through other websites. If we detect an infringement of aforementioned restrictions, you may be issued a disk space violation warning at 10GB, and will be required to reduce the number of used gigabytes in your account. We reserve the right to temporarily suspend disk write functionality, in our sole discretion, when account size reaches 10GB. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.
Data Protection and Security. You will not provide us any personal information with respect to Your clients, visitors, end-users (Users of Users). However, you acknowledge that Flaircart may in certain limited cases have access to such information and communications systems for the purposes set forth in this Agreement. In cases of such limited access Flaircart will not become controller of any such data. You, when controlling and operating your websites in relation to Hosting Services, shall be considered as the data controllers of such personal data of Users-of-Users for the purposes of General Data Protection Regulation (EU) 2016/679) (GDPR). You shall be responsible and liable for compliance with applicable privacy and personal data protection requirements (including, but not limited to requirements laid down by GDPR, which may be applicable to any personal information, data or content collected through, stored or otherwise processed in relation to Hosting Services on your website or server content). You are and shall remain responsible for safety, legality, integrity and authorized usage of your Users-of-Users’ personal data, and for obtaining consents, permissions and providing fair processing notices required for processing of such information.
Without limitations to the generality of the foregoing, you shall be solely responsible for installation of organizational and technical security measures sufficiently protecting personal data stored or processed on your website or server. Consequently, you will be solely responsible for all and any data breaches, incidents and similar violations pertaining to such data, unless such data breach has occurred solely due to technical failures, malfunction or errors of the servers and resources, which Flaircart has expressly warranted to secure to You and assume liability for such failures, malfunction or errors.
We do recommend that you publish and maintain clear and comprehensive privacy policies and related statements on your website, in accordance with requirements of GDPR, applicable laws and regulations, and that all Users-of-Users read and agree to those policies.
Data processing clauses
In case certain limited personal data processing activities are carried out by Flaircart in respect of the personal data of Users-of-Users, the following data processing clauses shall apply between Flaircart and you: (1) Flaircart shall process personal data only according to your documented written instructions or only as mandatorily required by law; (2) make best efforts to implement reasonably available technical and organisational measures in order to
ensure that personal data processing carried out complies with the requirements of GDPR and personal data protection legislation as regards security of processed personal data; you understand that the fact that available technical and organisational measures will be implemented in itself does not guarantee full and complete security, safety and integrity of personal data; by accepting the Terms of Services, you shall also be deemed to accept the quality of Hosting Services and other services, security level of platform and their suitability for your needs; (3) upon your request, Flaircart will take reasonable measures to discontinue data processing after expiry of the Agreement and, if required by you and unless otherwise provided in applicable legislation, take reasonable measures to erase or in any other way make inaccessible and unusable or return to you all available personal data; (4) you shall undertake to ensure that personal data are collected and processed lawfully, are accurate, relevant and adequate, and that your instructions to Flaircart are lawful, accurate, relevant, comply with the GDPR and personal data protection legislation; you shall notify data subjects of their data processing and transfer to Flaircart in accordance with the requirements of GDPR and personal data protection legislation; (5) you grant Flaircart with a general authorisation to engage other processors, sub-processors and service providers in the processing of personal data controlled by the you; such authorization shall encompass our right to: (i) store and transfer personal data to recipients, organised both within and outside European Union and/or European Economic Area; (ii) sign data transfer and data processing agreements with recipients, organised both within and outside European Union and/or European Economic Area; (6) you shall be solely responsible for handling the data subject requests received from Users-of-Users or in relation to their personal data; in some cases, if requested by you to remove any information pertaining to Users-of-Users’ personal data, we will respond to such request within thirty (30) days, unless more time is required for such request to be duly handled; (7) overall responsibility of Flaircart hereunder shall be limited to the amount of remuneration for the last 6 (six) months paid to Flaircart for the services under the Agreement.
Some of our servers are located outside EU or European Economic Area (EEA), therefore, depending on your choice or the services, your personal data as well as personal data of your users might be transferred to processors sub-processors or other data recipients established in third countries (i.e., data centers and servers, located outside EU or EEA (such as US, Brazil, Singapore, Indonesia), We will ensure that the said personal data will be transferred only if there is a sufficient basis for this under the GDPR and other applicable legal acts.
When providing hosting and other services, your personal data as well as personal data of your users might be transferred to data recipients established in third countries and participating in the EU-U.S. Privacy Shield Framework. Your personal data as well as personal data of your users might be transferred to processors, sub-processors or other data recipients established in third countries (i.e., data centers and servers, located outside EU or
EEA. For such transfers to be compatible with the requirements of GDPR, we have concluded with the data processors and/or sub-processor relevant agreements on such data transfers outside EU or EEA, which comply with the European Commission approved standard contractual clauses for data transfers from data controllers in the EU to data controllers established outside the EU or European Economic Area (EEA). For more see: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en. For the said purposes and to the extent relevant we have deemed that the said agreements were concluded on your behalf and under your instructions, as the case may be.
Your personal data as well as personal data of your users might be transferred to data recipients established in third countries on other legal grounds compatible with the requirements of GDPR (Art. 45-49).
In certain situations, Flaircart may be asked to disclose personal data in response to lawful requests by public authorities, other competent authorities, including when it is required to meet national security or law enforcement requirements, and will do so where permitted by local data protection laws.
When accepting the Terms of Services, you shall also be deemed to have read, understood and accepted the terms and conditions of the data processing clauses, which shall be applicable in relations between us and you in accordance with Articles 28, 29, 32 of GDPR.
Website/Server Content. You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any
registered domain names provided by you or registered on behalf of you in connection with the Services.
- PROVISIONS SPECIFIC TO WEB HOSTING
Storage and Plan Limits. All Web Hosting plans, including the unlimited plans, are subject to a limit of no more than 250,000 inodes per account. The plans are also limited to no more than 1,000 tables per database and no more than one gigabyte of storage per database. Any account or database that exceeds these limits may be issued a network violation warning and will be required to reduce the number of inodes, files and folders, tables or gigabytes (as the case may be), or may be temporarily or permanently suspended, in our sole discretion. All hosting plans are subject to the following limitations: no more than a) 25% of one CPU core; b) 512MB of RAM; c) 100 website connections; d) 100 active processes; e) 1 MB/s disk IO. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added for additional fees.
You acknowledge and agree that inbound UDP is not supported in shared hosting environments.
Website/Server Content. Your website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) banner ad services for display on other websites or devices (commercial banner ad rotation); (3) file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare); (4) commercial audio streaming (more than one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or (9) any script that causes a degradation in the performance of our server or network environment.
Unlimited Disk Space/Bandwidth/Website Plans. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the normal operation of a personal or small business website, provided it complies with this Agreement. However, in the event your service usage or content presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS, or we may take action to restrict the resources your website is utilizing. All servers are configured as maximum bandwidth 100 GB per month per user for all unlimited plans. If
your website has heavy traffic then we will notify you about that and you have to choose VPS or Dedicated server for that.
- PROVISIONS SPECIFIC TO VPS, DEDICATED, MANAGED HOSTING
cPanel. In the event you add cPanel to your server, you agree to be bound by the cPanel EULA, which is hereby incorporated by reference
- SERVICE UPTIME GUARANTEE
We offer a Service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable, including, but not limited to, DDOS attacks and IP blacklists; and (5) outages related to the reliability of certain programming environments.
- MONEY BACK GUARANTEE
- THIRD PARTY SOFTWARE
Definition. “Third Party Software” means any software or application developed and owned by a third party provider that we may contract with from time to time.
We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Services. You may not use the Third-Party Software outside of the Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our
agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party
provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).
- TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
- DEFINITIONS; CONFLICTS
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.
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