Terms & Conditions for WizTech, Inc., Clients
Hosting updates are posted on http://twitter.com/deliashosting
Normal office hours are 9 a.m. to 5 p.m. Eastern Time Monday through Friday. Please use the ticket system to contact us for support.
A hosting emergency is only when your site and this site or your site and deliawilsondesign.com are down at the same time. We now have two servers so if both teamwiztech and deliawilsondesign.com are down, it probably is a data center outage and we have to wait for a fix. If only your site and one of those sites are down, it is server related and we do need to know about the situation. Open a ticket if possible - then call if that's not possible. You can also send an email to support at teamwiztech.com. The email for teamwiztech is not connected to the server and should always be working.
If only your site is down, that is a website emergency and not a hosting emergency. And note the word down - if your site is visible, you do not have an emergency but a problem that may need to be dealt with during regular working hours.
We are professional consultants with many years of experience, not your employees. You may chose to contact us but we choose who we want to work with. Our ideal client:
- listens to advice - we are not technicians or just coders but consultants, so let us do our job.
- pays on time and is aware that time is money (and chargeable) - whether we are talking on the phone or working on your site.
- does not negotiate or haggle or complain about the fee structure.
- is polite! Don't get mad - talk to us. If anger is part of how you deal with people, please do not contact us. Do not demand - ask politely. Do not expect to keep us as your web pros if you cannot be civil.
- respects the fact that we have other clients, not to mention a life outside of work.
- speaks and reads English really well - we work with clients from all over the world but if your English prevents adequate communication, we cannot help you efficiently.
- does not insist that he or she, knows more about technical or internet issues than we do. We are glad to discuss your concerns and even research your points but we are the experts and we expect you to appreciate that. Hmm, that goes back to point one.
Terms & Conditions:
- All invoices are due on receipt. We do not offer terms or discounts.
- No refunds for contracted but unperformed work after 30 days.
- No refunds ever on purchases of products or performed services.
- Late fees are charged at 30 days - 18%.
- Any payments or deposits made at the beginning of a project or task will be applied to your final invoice. All copyrights remain with WizTech, Inc., until the final invoice is paid in full. Some projects may require a registration key in order to continue working and that key will only be available when all payments have been made.
- All hosting accounts not paid within 15 days of the annual renewal date will be deactivated until payment is received.
- Using a credit card to pay is assumed to be permission for us to charge that card to clear up outstanding invoices that are over 30 days late.
- The invoicing system does not allow for partial payments. If you wish to make a partial payment, contact us directly.
- Any uncollectable accounts will be turned over to a collection agency and/or we will pursue the matter in local court when necessary. We hope this will not become necessary, but you will be responsible for any attorney's or legal fees.
- If you also have a signed contract with WizTech, Inc., all the above is part of that contract unless specifically stated otherwise in the contract.
- All invoices and notices are sent by email. If you wish them to be sent by snail mail, please let us know.
- We are now using an invoicing system that will make recurring payments automatically for you and we reserve the right to use that system to get payments for uncollected amounts that are not recurring fees.
Because our clients need and expect solid, dependable, affordable, secure web hosting, we do have certain requirements for our hosting customers.
- Though there are no real limits on quota, band width, emails, etc., we retain the right to set temporary limits to curtail certain practices or situations that I deem problematic. Some examples are:
- Storing all emails on the server. Be sure to download and delete emails with an email client regularly. There are automatic limits on quota that most folks never hit unless they are not deleting emails. Those limits are set so that we are able to keep this practice curtailed.
- Excessive use of bandwidth. we had one customer who used 148 gigs of bandwidth in one month which was 1 and 1/5 times what everyone else together had used. This level of client needs to be on a dedicated server with no other sites.
- Throttling is in effect if your site is attacked with Denial of Services effort. This type of attack is not allowed to slow down the entire server so you may experience a slowdown and or a denial of resources during an attack. There is little we can do about stopping this so we have to contain it. Most likely eventually the attack(s) will stop.
- No adult material.
- No scripts without permission.
- All scripts must be kept updated. If your script is installed by us, we probably will update first and ask later. This keeps us secure! Upgrades are generally inexpensive and you will be invoiced. You could also have your acccount suspended.
- You will be automatically invoiced before your expiration date and efforts will be made to collect after the date but you will be deactivated if payment is not received in a timely fashion.
- We are now using an invoicing system that will make payments automatically for you with no effort on your part. If you do not wish to renew any recurring package, you will have to access your account here and cancel so that your credit card or paypal account is not charged.
- No spamming. Only opt-in/opt-out maillists allowed. Server rules also only allow 500 emails per hour so you cannot use our server to send to large email lists. Alternatives are mailchimp.com and Constant Contact. .
- If you are hacked and spamming is detected coming from your website, your account maybe suspended.
- No refunds on hosting fees.
And then there's this legal stuff my lawyer said to add:
DISCLAIMER OF WARRANTIES. COMPANY HEREBY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AND ACCURACY. THE INFORMATION AND COMPUTER PROGRAMS PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS” WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER OF SUCH INFORMATION AND COMPUTER PROGRAMS.
LIMITATION OF LIABILITY. EACH PARTY AGREES THAT THE OTHER PARTY'S LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR RELATING TO ANY SERVICE OR PRODUCT PROVIDED HEREUNDER, WHETHER UNDER CONTRACT LAW, TORT LAW, WARRANTY OR OTHERWISE, SHALL BE LIMITED SOLELY TO THE FIRST PARTY'S DIRECT DAMAGES AND IN NO EVENT SHALL EXCEED THE TOTAL AMOUNT IN FEES PAID (OR WHICH HAVE ACCRUED AND/OR SHOULD HAVE BEEN PAID) BY CLIENT TO COMPANY UNDER THIS AGREEMENT WITHIN THE TWELVE MONTH PERIOD PRECEDING THE DATE OF THE ACTION GIVING RISE TO THE CLAIM.
Attorneys’ Fees. In the event of an alleged breach of this Agreement, the prevailing party shall be entitled to reimbursement of all of its costs and expenses, including reasonable attorneys’ fees, incurred in connection with such dispute, claim, or litigation.
Last modified 1/5/2014