Terms of Conditions

Terms of Conditions Privacy Policy Support Policy

Purpose

These Terms of Service (“TOS”) are a contract between you, or the entity on whose behalf you are executing this agreement (“you” or “your”), and Web Tech Mind. (“Web Tech Mind”, “we”, “us”, or “our”). By corresponding with us, browsing our web properties, or using our Services, you agree to abide by these TOS, our Acceptable Use Policy, our Support Policy, our, our Privacy Policy, each of which is integrated into the TOS by reference (together, the “Policies”). These TOS may be modified from time-to-time and, by continuing to use our Services, you agree to be bound by the modifications. The most recent version of these TOS can always be found here.

Customers

While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of third-party service providers, or the actions of individuals who use your products and services (“End Users”).

Services

Web Tech Mind provides several services and products to its customers, which are collectively referred to in these TOS as the “Services”. Regardless of whether you pay for a Service or it is provided as part of a package or for free, any Service you request or allow to be provided by Web Tech Mind is included as part of the “Services” we refer to in these TOS and the Policies. All Services are subject to each of our Policies. Services may also be provided by third parties and their terms of service or use that may contain additional or different terms will also apply to your use of their services. We may change the specifications or details of the Services at any time, but we have no obligation to change the Services. Additionally, the third parties we contract with to provide Services may change their offering between the time of purchase and the date the Services are delivered. We will use commercially reasonable efforts to inform you of changes to the Services.

1. FEES AND CHARGES

1.1 Fees
In consideration of the services to be performed by Web Tech Mind, the Client shall pay to Web Tech Mind all agreed fees in the amounts and according to the payment schedules proposed.
1.2 Invoices
The Client shall pay all invoices within thirty (30) days of each invoice date. A 1.5 percent monthly service charge shall be payable on all overdue balances. Payments will be credited first to late payment charges and next to the unpaid balance. The Client shall be responsible for all collection or legal fees necessitated by late payment. Web Tech Mind reserves the right to suspend all services provided to the client and withhold delivery and any transfer of ownership of any current work if accounts are not current. All grants of any licence to use or transfer of ownership of any intellectual property rights under this agreement are conditioned upon receipt of payment in full.
1.3 Progress Payments
For projects of greater than one-month duration, including those delayed for any reason, Web Tech Mind the right to submit monthly progress invoices against work completed
1.4 Expenses
Unless specifically otherwise provided for in any proposal, project costs include WebTechMind’s professional fees only and exclude all outside costs including, but not limited to, production, photography and/or artwork licences..
1.5 Project Termination
Unless specifically otherwise provided for in any proposal, project costs include WebTechMind’s professional fees only and exclude all outside costs including, but not limited to, production, photography and/or artwork licences.

2. PROJECTS

2.1 Variations
Unless otherwise provided for in any proposal, the Client shall pay additional charges, on a time and materials basis, for changes requested by the Client which are outside the scope of the services proposed. Web Tech Mind reserves the right to extend or modify any delivery schedule or deadline as may be required by such changes.
The Client shall pay all invoices within thirty (30) days of each invoice date. A 1.5 percent monthly service charge shall be payable on all overdue balances. Payments will be credited first to late payment charges and next to the unpaid balance. The Client shall be responsible for all collection or legal fees necessitated by late payment. Web Tech Mind reserves the right to suspend all services provided to the client and withhold delivery and any transfer of ownership of any current work if accounts are not current. All grants of any licence to use or transfer of ownership of any intellectual property rights under this agreement are conditioned upon receipt of payment in full.
2.2 TIMING
The Client shall review deliverables within any time frame identified for such reviews and to promptly either, (i) approve the deliverables in writing or (ii) provide written comments and/or corrections sufficient to identify the Client's concerns, objections or corrections to Web Tech Mind. The Client acknowledges and agrees that WebTechMind’s ability to meet any and all schedules is entirely dependent upon the Client's prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to a proposal and that any delays in the Client's performance or changes in the services or deliverables requested by Client may delay delivery of the deliverables.
2.3 Acceptance
The Client, within five (5) business days of receipt of any deliverable, shall notify Web Tech Mind, in writing, of any failure of such deliverable to comply with proposed specifications, or of any other objections. In the absence of such notice from the Client, the deliverable shall be deemed accepted.

3. PRODUCTION

3.1 Production
All production, including printing and the arrangement or brokering of print services by Web Tech Mind, shall be deemed acceptable if the final product is within the acceptable variations as to kind, quantity, and price in accordance with current or standard trade practices identified by the supplier of the services/dd>

4. CLIENT RESPONSIBILITIES

4.1 General
The Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner: (a) coordination of any decision-making with parties other than Web Tech Mind; (b) provision of client content in a form suitable for reproduction or incorporation into the deliverables without further preparation, unless otherwise expressly provided for in the proposal; and (c) final proofreading. If the Client has approved deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, the Client shall incur the cost of correcting such errors.
4.2 No Solicitation
During the term of this Agreement, and for a period of twelve (12) months after expiration or termination of this agreement, the Client agrees not to solicit, recruit, engage, or otherwise employ or retain, on a full-time, part-time, consulting, or any other kind of basis, any employee or agent of Web Tech Mind, whether or not said person has been assigned to perform tasks under this agreement. In the event such employment or consultation occurs, the Client agrees that Web Tech Mind shall be entitled to an agency commission to be the greater of, either (a) 25 percent of said person's starting salary with the Client, or (b) 25 percent of fees paid to said person if engaged by the Client as an independent contractor. In the event of (a) above, payment of the commission will be due within 30 days of the employment starting date. In the event of (b) above, payment will be due at the end of any month during which the independent contractor performed services for the Client. Web Tech Mind, in the event of non-payment and in connection with this section, shall be entitled to seek all remedies under law.

5. PROMOTION

5.1 General
The Client agrees that Web Tech Mind retains the right to reproduce, publish and display any deliverables in promotional materials, design periodicals and other media or exhibits for the purposes of recognition or professional advancement.
5.2 Authorship
The Client agrees that Web Tech Mind retains the right to be credited with authorship of any deliverables, including the use of a “Site Credit” link on websites.

6. INTELLECTUAL PROPERTY PROVISIONS

6.1 Rights to Deliverables other than Final Art
Client content shall remain the sole property of the Client or its respective suppliers. The Client hereby grants to Web Tech Mind a non-exclusive, non-transferable licence to use, reproduce, modify, display and publish all client content solely in connection with Web Tech Mind’s performance of services and limited promotional uses of the deliverables. all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by any third party alleging any infringement arising out of Client’s use and/or failure to obtain rights to use or use of the trademark.
6.2 Third Party Materials
The Client acknowledges that all third-party materials are the exclusive property of their respective owners. Web Tech Mind shall inform client of all third-party materials that may be required to perform the services or otherwise integrated into the final art. Under such circumstances Web Tech Mind shall inform Client of any need to licence, at the Client’s expense, and unless otherwise provided for by the Client, Web Tech Mind shall obtain the licence(s) necessary to permit the Client’s use of the third-party materials consistent with the usage rights granted herein. In the event the Client fails to properly secure or otherwise arrange for any necessary licences or instructs the use of third party art, the Client hereby indemnifies, saves and holds harmless Web Tech Mind from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of client’s failure to obtain copyright, trademark, publicity, privacy, defamation or other releases or permissions with respect to materials included in the final art.
6.3 Preliminary Works
The Client acknowledges that Web Tech Mind retains all rights in and to all preliminary works. The Client shall return all preliminary works to Web Tech Mind within thirty (30) days of completion of the services and all rights in and to any preliminary works shall remain the exclusive property of Web Tech Mind.
6.4 Assignment of Final Art
Upon completion of services, and expressly subject to full payment of all fees, costs and out-of-pocket expenses due, Web Tech Mind hereby assigns to the Client all right and title in and to final art, excluding website source code for which Web Tech Mind hereby assigns a non-exclusive, non-transferable licence
6.5 Trademarks
all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by any third party alleging any infringement arising out of Client’s use and/or failure to obtain rights to use or use of the trademark.

7.HOSTING SERVICES

7.1 Independent Contractor
Our Hosting accounts are allocated bandwidth depending on the package you select. The bandwidth for Services purchased does not rollover and is not creditable across periods. In the event you require more bandwidth than you have purchased, your account may be suspended until the next period, you may purchase additional bandwidth by upgrading your account, your account may be terminated for a violation of the terms of the package you purchased, or we may charge you an additional fee for the overage, in our sole discretion.
7.2 No Exclusivity
In using our hosting Services, you may not place excessive burdens on our CPUs, servers, or other resources, including our customer support services. You understand that bandwidth, connection speeds, and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Services, including suspension or termination of your account or a reduction in bandwidth available for your use (also known as bandwidth throttling), in our sole discretion. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers.
7.3 Force Majeure
For all Unmanaged Hosting Services, you are solely responsible for providing the firewalls and software and for all installation, maintenance, security, and backup for the Unmanaged Hosting Services.
7.4 Governing Law and Dispute Resolution
For Hosting accounts, backups older than thirty (30) days in a customer account may be removed from the server at our discretion.
7.5
For our cPanel Hosting Services, our complimentary Server Rewind will provide complimentary backups of your data. These backups will be done using our commercially reasonable efforts and may not include all files, including some email files, due to technical constraints. Server Rewind backups are limited to an aggregate 50GB quota. If you exceed 50GB of disk usage in your account, your account will no longer be backed up. Please download any cPanel backups and store them locally.
7.6
Email Hosting enables a user to use specific Services, including cPanel services, to create or delete email accounts, manage passwords, set mailbox space quotas, or configure other server-specific settings. Email Hosting services are subject to certain storage limitations and we auto-delete email in your trash or deleted folder after such email becomes more than thirty (30) days old in order to help you manage storage limits. We may also delete mail in your spam or bulk mail folder after such email becomes more than thirty (30) days old in order to help manage storage limits. Notwithstanding any automatic complimentary backup services, you should backup and save your emails locally to ensure they will be available when needed. If an email is deleted, we will use commercially reasonable efforts to retrieve such email but cannot guarantee recovery of any emails. Email accounts may be subject to storage quotas specified in a particular package.
7.7
cPanel. cPanel is provided through a third party. When you subscribe for use of cPanel with any of the Services, you agree to be bound by cPanel’s End User License Agreement, available at: http://cpanel.com/legal-store.html. Please be sure to review cPanel’s End User License Agreement before use of cPanel-related Services.

8 Account Security

8.1
Enrolment. You warrant that before you use any of the Services or sign up for an account that you are at least 18 years of age and have the authority to bind yourself or the entity you represent to these TOS. You may be subject to a credit check and screening for potential fraud and accurate information must be supplied for purposes of this screening. Further, before using the Services, you represent and warrant to Web Tech Mind that: (i) you have the experience and knowledge necessary to use the Services; (ii) you understand and appreciate the risks inherent to you, your business and your person, which come from using the Services in particular, and doing business on the Internet in general; and (iii) you will provide us with material that may be implemented by us to provide the Services.
8.2
Account Information. You are required to provide us with accurate information when setting up your account. You must also keep this information, including your email address, up to date during our relationship. On occasion, we may need to communicate with you by email about the Services. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on email communications that are misdirected or blocked by a third-party application because of your failure to maintain updated account and contact information or for circumstances beyond our control.
8.3
You are responsible for all actions that are performed with, by, or under your account credentials whether done by you or by others. All account access, password, and other security measures are your responsibility. Web Tech Mind is not liable for any damages, direct or indirect, that result from unauthorized account access or use.
8.4
In addition to terms under the Support Policy, located at https://www.a2hosting.com/about/policies#Support-Policy, in connection with support services, you will be responsible for all authorized actions taken by our support personnel using your login. Before you request support, you should backup your data.
8.5
You agree to give Web Tech Mind permission to access your all accounts for troubleshooting technical issues with the account or server and to confirm compliance with all of our policies. We also conduct automated scans of data for security purposes and reserve the right to change permissions, modify files or quarantine files that are deemed to be malicious in nature.
9 Data Backup
You acknowledge that it is solely your responsibility to regularly back-up and maintain copies of your data outside of Web Tech Mind network. Web Tech Mind is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, (iv) any software or other technology failures, or (v) account termination, cancellation, or suspension.

10. RELATIONSHIP OF THE PARTIES

10.1 Independent Contractor
The Client acknowledges that Web Tech Mind is an independent contractor, not an employee of the Client or any company affiliated with the Client. Web Tech Mind shall provide services under the general direction of the Client, but Web Tech Mind shall determine, in its sole discretion, the manner and means by which the services are accomplished. This agreement does not create a partnership or joint venture and neither party is authorised to act as agent or bind the other party except as expressly stated in this agreement.
10.2 No Exclusivity
The Client expressly acknowledges that this agreement does not create an exclusive relationship between Web Tech Mind and the Client. The Client is free to engage others to perform services of the same or similar nature to those provided by Web Tech Mind, and Web Tech Mind shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise its services.
10.3 Force Majeure
The Client acknowledges that Web Tech Mind shall not be in breach of any agreement if it is unable to complete the services or any portion thereof by reason of fire, earthquake, labour dispute, act of God or public enemy, death, illness or incapacity or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Web Tech Mind’s control (collectively, ‘Force Majeure Event’).
10.4 Governing Law and Dispute Resolution
10.4 Governing Law and Dispute Resolution