WEB VISTA SOLUTIONS

TERMS OF SERVICE (TOS)

All clients hosted on our servers must agree to the following terms and conditions. Don't be intimidated, these are standard industry clauses. We simply dare to state clearly what others write in very small print.

Definitions

·         "Customer" or “Client” refers to the person who orders the hosting/services and has obligations for the hosting/services hereunder.

·         "Customer Data" refers to all supporting data files and data structures provided by the Customer for its hosting space.

·         "Server space" refers to the space allocated to the Customer for hosting his domain and website files.

·         “Web Vista”, “Web Vista Sol”,  “Web Vista Solutions”, or “WVS” refers to the company providing the services to the Customer.

·         Web Vista Solutions will carry out work only where an agreement is provided either by email, telephone, mail or fax. Web Vista Solutions will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between Web Vista Solutions and the client, this includes telephone and email agreements.

30-Day Money Back Guarantee

Web Vista Solutions proudly offers its subscribers a "30-Day Money Back Guarantee". This guarantee allows subscriber to purchase Web Vista’s services with full confidence and zero-risk.

Scope of Services

Actual services utilized will vary from contract to contract, however below is an overview of each service Web Vista does provide and their parameters:

Physical Domain and Hosting Services.

Web Vista Solutions will provide the computer and operating system software to operate and support the hosting of your domain and website in a manner acceptable in the industry. Although this agreement includes routine backups of all data residing on the server space, we are not responsible for the Customer Data residing on the server space. You, the client are ultimately and solely responsible for the backup of Customer Data stored on your server space, and should always keep copies of your customers information for your own records

Client is responsible for the registration, renewal and control of your domain names unless we separately contract to provide those services.

Web Vista Solutions allows one website per account. If more than one website is hosted under an account, Web Vista Solutions will charge accordingly for each separate account. Up to two domain names can point to the same site without incurring extra fees. These domain names MAY NOT point to a sub directory or specific page on the website.

In cases of new hosting accounts or additions / modifications to hosted domain names which involve the change of nameservers of a domain from other DNS servers to Web Vista Solutions' DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers can not be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, nameserver change of domain names is done by Web Vista Solutions on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessability or cooperation by the domain name registration's registrar.

 

Website Design
While every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Web Vista Solutions cannot accept responsibility for any losses incurred due to malfunction, the website, or any part of it.

Conceptualizing is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. For higher cost websites this will be included but for low cost sites (below $500) please bear in mind that unless previously agreed, only one concept is possible. You should therefore ensure that you let us have your preferred color scheme and design requirements beforehand. If you don’t do this we will design the website appropriately but if it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require.

The website, graphics and any programming code remain the property of Web Vista Sol until all outstanding accounts are paid in full, except media provided by the client or otherwise noted. We acknowledge that all rights, title and interest in the Customer Data on your server space shall be solely owned by you. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Web Vista Sol remain the copyright of Web Vista Sol and may only be commercially reproduced or resold with the permission of Web Vista Sol.

Web Vista Sol cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Certain images provided by Web Vista Sol in the construction of the website may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a single website and may not be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.
 

The client agrees to make available as soon as is reasonably possible to Web Vista Sol all materials required to complete the site to the agreed standard and within the set deadline. IMPORTANT! Failure to Provide Required Website Content: To remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where we cannot make progress on your website because you have not provided the required information when you have agreed to do so, and we are delayed as a result, we reserve the right to impose a surcharge of up to 25%. Also, if your job involves Search Engine Optimization we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within four weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

Web Vista Sol will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Web Site Maintenance.
This agreement allows for minor web site maintenance to pages for the lifetime of your web site at no charge, up to an average of one half hour per regular web page, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guestbooks, discussion webs, navigation structure changes, attempted updates by Client repairs or Web Design Projects delivered to Client via diskette, U.S. mail and e-mail. The period begins on the date the Client's web site is available to be published to the Client's hosting service. Major page code and/or graphics changes and additions will be charged at the $35.00 per hour rate. (Notice: This rate is subject to change at any time.)

Physical Server Set-Up and Updating.

We will configure the server space, and will load the Customer Data onto the server computers so as to create a fully functional Internet presence. Unless otherwise permitted, all access to the server space to load, modify of install files or scripts is limited to Web Vista Solutions and its agents, so as to preserve server security integrity.

Physical Server Connection and Access. We will provide connection of the server to the Internet, including all telecommunications equipment and connections for the server to provide public access on a 24-hour-a-day, 7-day-a-week basis, with the exception of scheduled maintenance downtime. We will use our best efforts to provide uninterrupted connection and access, except for scheduled maintenance downtime and any interruption to connection and access beyond our control caused by, for example, acts of nature, third-party equipment or transmission failures, or security breaches.

Bandwidth Usage Customer agrees that bandwidth that exceeds the given rate on a monthly basis will pay an "overage" as detailed on the Web Vista Solutions website. If any site exceeds its monthly bandwidth allowance, overage will be charged at the rate of $10.00 per gigabyte of overuse Web Vista Solutions will monitor Customer's bandwidth. Web Vista Solutions shall have the right to take corrective action if Customer's bandwidth is excessive and interrupts service for other customers. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement; which actions may be taken is in Web Vista Solutions sole and absolute discretion. If Web Vista Solutions takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Web Vista Solutions may, at its sole discretion, collect a deposit, in an amount determined by Web Vista Solutions, against customer's credit card on file with Web Vista Solutions.

Compliance with Ecommerce, Accessibility or Other Regulations

 We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with standing regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues exist we recommend that the client takes legal advice from their company lawyer.

Additional Fees    While we offer very comprehensive web hosting packages, Web Vista Solutions can support you with additional services on an as-needed basis.

Increased Mail Storage $5.00 per 100 mb
CGI Script Configuration $20.00 each
DNS Zone Modifications $25.00 each
Domain Parking $20.00 per domain name
Domain Switching Fee $30.00 per domain
SSL Set Up $30.00 per SSL
Hourly Administrative Help $35 per hour

Behavioral Boundaries

Prohibition of Adult Content

Subscribers of Web Vista Solutions' services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.

Spam and Unsolicited E-Mail

Web Vista Solutions takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of Web Vista Solution may not use, or permit others to use, our network to partake in UCE distribution. Customers of Web Vista may not host or permit hosting of sites or information that is advertised by UCE from other networks.

Upon notification of an alleged violation of our SPAM policy, Web Vista Solutions will initiate an immediate investigation. During the investigation, Web Vista Solutions may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this TOS, Host Excellence may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Further, Web Vista  reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Web Vista will notify law enforcement officials if the violation is believed to be a criminal offense

Prohibited Scripts and Applications

Web Vista Solutions strictly prohibits the use of certain scripts such as IRC, Proxy, SSH, Telnet, or any other script which may overwhelm server resources due to the inherent nature of the script itself or by defect in the coding of the script. If a user script is found to be in violation of this clause, or is found to be overwhelming system resources, the user may be requested to remove the script, or in cases of system resource abuse, it may be removed without prior warning and/or the user account may be suspended for further review.

System and Network Security
Subscribers or any network users are prohibited from violating or attempting to violate the security of Web Vista Solutions‘ network or any and all components there in. Violations of system or network security may result in civil or criminal liability. Web Vista Solutions will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:

 1. Accessing data not intended for such subscriber or logging into a server or account, which such subscriber is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any subscriber, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing."
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which subscriber is not entitled.

Risks, Liabilities and Damages

You expressly agree that use of our server space is at your own risk. Neither we, nor our employees, affiliates, agents, third-party information providers, merchants, licensors or the like, warrant that our service will be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from the use of our services or as to the accuracy, reliability or content of any information serviced or merchandise contained in or provided through our services, unless otherwise expressly stated in this Agreement.

Web Vista guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where Web Vista has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar issues with subscriber's domain name, routing issues between subscriber location and Web Vista data centers.

Limited Liability.

We will make all reasonable efforts to keep the data and equipment on the server space safe from mistakes, omissions, interruptions, deletions of files, errors, defects, delays and operation, or transmission or failure of performance caused by our acts or omissions, whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to our records, programs or services. However, we, our officers, agents or anyone else involved in creating, producing or distributing our service, will not be held liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service resulting or from acts performed in good faith, save in the case of gross negligence on our part. In no event shall Web Vista be liable to You for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever You acknowledge that this paragraph shall apply to all content on our server.

Web Vista Sol will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

Web Vista Sol will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

 

Limited Remedy for Damages. Your exclusive remedy for all damages, losses and causes of actions whether in contract or tort will not (a) exceed the actual dollar amount which you paid during the billing period during which the cause of action arose, or (b) include any incidental, consequential, extemporary or punitive damages of any kind, including without limitation, damages for loss of data, file, profit, good will, time, savings or revenue. In any event no claim shall be brought unless You have notified Us of the claim within one month of it arising..

Indemnity
You shall indemnify Us and keep Us indemnified and hold Us harmless from and against any breach by You of these terms of business and any claim brought against Us by a third party resulting from the provision of Services by Us to You and Your use of the Services (including use without Your consent) including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by Us in consequences of You breach or non-observance of any of the terms of this Agreement.

Maintenance Services

 We will perform maintenance services as we determine reasonably necessary to maintain the continuous operation of the server. You agree to periodically-scheduled maintenance downtime periods. We will provide prior notice of the maintenance downtime, except when circumstances beyond our control limit our ability to do so.

Force Majeure
We shall not be liable for failure to fulfill our obligations hereunder, or for any action which may constitute a breach of this Agreement arising by reason of force majeure, which means, circumstances beyond our reasonable control including acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, unauthorised use or access to the IT systems, explosion, flood, epidemic, strikes and other industrial disputes (in each case, whether or not relating to Our workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions.

Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Database, Application and E-Commerce Development
Web Vista Solutions cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Where applications or sites are developed on servers not recommended by Web Vista Solutions, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by Web Vista Solutions before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Web Vista Solutions will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Termination And Payments

Payments to Web Vista are to be made to Web Vista Solutions, unless otherwise noted. All Payments to Web Vista Solutions Are Non-Refundable unless they fall under the 30 Day Money Back Guarantee! No full refunds or pro rata refunds will be made after the first 30 days of service should the Client decide to cancel the Services.

Domain name registration fees, charges for additional data transfer and charges for optional extras added to Your account are not refundable under any circumstances.

A deposit of 50% is required with any project before any design work will be carried out.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms, prior to the website being published online. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

All the hosting plans are annual contracts and under auto renewal, and by signing up a hosting plan and accepting this agreement, you are providing an authorization to Web Vista Solutions to renew the service automatically.  All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and emailed to Web Vista Solutions Subject: Cancellations. You must have all account information to cancel.

The billing cycle is comprised of 28 day periods, and payment is due two weeks prior to the end of client’s current billing period.  If on an annual billing cycle, the Hosting fee is billed to you 30 days prior to each years' services and is due before each year’s service is rendered. The Hosting fee may be subject to adjustment at the time of renewal of this agreement, according to the then current Price Schedule.

Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts that are not collectable by Web Vista will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Web Vista Solutions may temporarily deny service or terminate this Agreement upon the failure of Client to pay charges when due. Such termination or denial will not relieve Client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Breach or Default

In the event we terminate this Agreement because of a breach, you will be charged in full for the remainder of the term year in which the breach occurred. Special Lien on Personal Property - We retain a special lien on all of your personal property in our possession to secure any payment amount you may owe us under this Agreement.

Compliance with Law

 You represent and warrant that you will comply with all applicable state, provincial, municipal and federal laws in your performance of this Agreement and in the use and operation of the server space, including laws governing technology, software and trade secrets. You agree to comply with rules and regulations of your domain name registrars and other Internet authorities.

The TOS specifically prohibits the use of our service for illegal activities. Therefore, Client agrees that Web Vista Solutions may disclose any and all Client information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Client. In addition Web Vista Solutions shall have the right to terminate all service set forth in this Agreement.

Authority to Contract

 You represent and warrant that you have full authority and right to enter into this Agreement and that there are no conflicting claims relating to the rights granted by this Agreement.

Respect of third-party rights. You represent and warrant that your performance of this Agreement, including the use of your server space and software or data files to be installed thereon, shall respect and not infringe the intellectual property or other proprietary rights of any third party.

Non-Waiver

Any forbearance or failure by Us to enforce a contractual provision to which You are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by Us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.

Entire Agreement

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between Us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between Us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, You confirm that You have not relied on any representation other than those expressly stated in these terms and conditions and You agree that You shall have no remedy in respect of any misrepresentation which