This Website Design and Hosting Agreement (“Agreement”) is between 1080 Web Designs(“1080 Web Designs”, “we”, “our” or “us”) and the person (individual or legal person) who signs/agrees to 1080 Web Designs service order and set up form (the “Order”) incorporating this Agreement by reference (“Customer”, “you”). This Agreement governs Customer’s use of 1080 Web Designs services.
Types of Service
We provide website design and hosting services.
You agree to supply appropriate payment for the services received from 1080 Web Designs, in advance of the time period during which such services are provided. You agree that until and unless you notify 1080 Web Designs of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As a client of 1080 Web Designs, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Any invoice that is overdue will result in a 10% late fee and/or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact us.
1080 Web Designs reserves the right to change the monthly payment amount and any other charges at any time. Existing clients will receive a 30 day email notification.
1080 Web Designs must receive a $200 non-refundable down payment before starting any website design projects.
Cancellations or Transfers
Customers are free to cancel or transfer their account/domain at any time by contacting 1080 Web Designs with their account information. Similarly, 1080 Web Designs reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement.
The customer will be charged for any transfer fees applicable.
Cancellations must be received 30 days prior to the next billing month.
Basic Website Hosting
1080 Web Designs will host the customer’s website but will not monitor, manage, or update any security installations to protect against spammers or hackers or any other security threats aimed to do harm to the customer’s website. If the customer’s website is compromised, it will be at a charge to the customer for backup and restore procedures to bring the website back online.
Premium Website Hosting
1080 Web Designs will host the customer’s website and will monitor, manage and update critical security installations to protect against spammers or hackers or other security threats aimed to do harm to the customer’s website. If the customer’s website is compromised, there will be no charge to the customer for backup and restore procedures to bring the website back online.
The one hour of custom website design that is included in the Premium Website hosting package is not accumulative. Meaning, if the one hour is not used within the month, it will not carry over to the following month.
Basic Google SEO (Search Engine Optimization)
The customer acknowledges that 1080 Web Designs is not in direct control over the factors used to determine Google’s page rankings. Search Engines are third party products with unknown variables and algorithms which can change at any time. 1080 Web Designs will deploy basic Google SEO (Search Engine Optimization) strategies to the customer’s website, but cannot guarantee Page One results. Keywords for SEO use will be agreed on by the customer as well as 1080 Web Designs.
Website Uptime Guarantee
1080 Web Designs strives to maintain a 99.9% website and hosting uptime service level. This uptime percentage is a monthly figure, and is calculated solely by 1080 Web Designs monitoring. If 1080 Web Designs fails to meet its 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. 1080 Web Designs does not credit a full month’s hosting service for minor downtime. This would not be financially healthy for 1080 Web Designs, and in turn would only negatively affect the service level 1080 Web Designs provides to you. “Partial refunds for partial downtime” is our standard policy. In extreme circumstances, 1080 Web Designs may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one month’s service only, never more.
Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the 1080 Web Designs network caused by or associated with:
A) Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, “Acts of God” (i.e. fire, flood, earthquake, tornado, etc.), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
B) Telco Failure (i.e. Accidental fiber line cut somewhere)
C) Scheduled maintenance for hardware/software upgrades
E) Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided).
F) Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)
G) DNS issues not within the direct control of 1080 Web Designs
H) Network floods, hacks, attacks from outside parties or individuals
Right To Refusal Without Cause
1080 Web Designs may refuse to accept any customer or any website for participation in the 1080 Web Designs network as determined by 1080 Web Designs at its sole discretion.
Customer agrees that it shall defend, indemnify, save and hold 1080 Web Designs harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against 1080 Web Designs, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless 1080 Web Designs against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with 1080 Web Designs; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from 1080 Web Designs server.
Disclosure To Law Enforcement
1080 Web Designs may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
All content on this website is Copyright © 1080 Web Designs and may not be reproduced without express written consent. All logos, trademarks and/or service marks are the property of 1080 Web Designs.
Changes To The TOS
1080 Web Designs reserves the right to revise its policies at any time without notice.