The purpose of this Agreement (hereafter referred to as the “Agreement”) is to precede a longer-term contract arrangement under which MBTpro will provide Web Hosting services on behalf of the Client.
In consideration of the mutual covenants set forth in this Agreement, Customer and Client hereby agree as follows:
Subject to the terms and conditions of this Agreement, the Company will provide Web Hosting services for the Client subject to the following terms:
- Length of Service: The client agrees to an initial six (6) months for web designs paid upfront or twelve (12) months for “Pay as you go” plans contractual term of service (“Term”). The length of the contract required is based on the type of service desired by the Client and shall be determined solely by Company.
- Service Start Date: The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
- Renewal by Client: This Agreement will automatically renew for successive six (6) or twelve (12) month Terms unless canceled in writing by Client at least 30 days prior to the end of the Term renewal date. Renewal prices are subject to change. Renewal of services by the Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to the Client’s account.
- Email Services: The client agrees to own or purchase an email account for the domain name; services may be provided by MBTpro. A matching email and domain name are required in order for website forms to be verified and work properly. Non-branded email addresses such as Gmail, Yahoo, and Hotmail will not be allowed as primary delivery on form notifications. Forms that generate a lot of spam or are not configured correctly may be changed without warning or deactivated.
- DNS Management: The client agrees to let MBTpro manage their DNS. DNS management is also required for website forms to work. Without DNS management access website cannot be verified which may result in your website forms being deactivated.
- Domain Name Registration: The client agrees to move their domain registration to Google so that MBTpro may renew the domain name on the client’s behalf. 90% of the time a website goes down because the domain name has expired.
- Maintenance aka add, edit, delete services: The client agrees to provide content in a timely manner. Our goal is to launch the website in 30 to 60 days depending on whether or not it is e-commerce. If the website is not completed within 90 days the project it may be considered terminated without a refund.
- Software Licenses: Software licenses are transferable with the migration of your account.
- Refunds: No refunds for services and products are provided.
- End User Pricing and Web Hosting Compensation.
End User pricing and Web Hosting Compensation are outlined on the website at www.mbtpro.com and is subject to change at the sole discretion of the Company. MBTpro is a broker for products provided.
- Terms of Payment.
Terms of payment are “on receipt” unless credit approval has been granted by the Company. If credit approval has been granted, credit terms are net 30 days upon receipt of the invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 60 days.
- Proprietary Information.
Proprietary information exchanged here shall be treated as such by the Client. This information shall include, but not be limited to, the provisions of this Agreement, products, and services information, and pricing. The client further agrees to not decompose, disassemble, decode, or reverse engineer any Company program, code, or technology delivered to the Client or any portion thereof.
The company will exercise no control whatsoever over the content of the information passing through the network, email, or website.
The company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. The company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries, or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of the Company is at the Client’s own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. The company does not represent guarantees of speed or availability of end-to-end connections. The company expressly limits its damages to the Client for any non-accessibility time or other downtimes to the pro-rata monthly charge during the system unavailability. The company specifically denies any responsibility for any damages arising as a consequence of such unavailability.
- Trademarks and Copyrighted Material.
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
- Transfer of Agreement.
The client may not assign or transfer this Agreement, in whole or in part without the prior written consent of the Company. In the event that Client contemplates the whole or partial sale of its business, ownership change, or change in jurisdiction, Client shall notify Company by email no less than 60 days prior to the effective date of the event.
Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Company and Client.
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
Client shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages, and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted, or imposed against Company directly or indirectly arising from or in connection with Client’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. Exclusive jurisdiction and venue shall be in Forsyth County, Georgia Superior Court. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
Each party represents and warrants that based on receipt of payment from the client on a specific date, as well as an indication of acceptance of these terms during the checkout process, they are authorized to enter into this Agreement in its entirety and duly bind their respective principals.