Premier Hosting, Inc. Agreement
THIS AGREEMENT is made and entered between Premier Hosting, Inc. hereinafter referred to as PHInc™ and the Customer, who wishes to use the services of PHInc™ in accordance with PHInc™' standard application, the SignInOnline™ Form. Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:
SERVICE DESCRIPTION: As a (WWW) World Wide Web service provider, PHInc™ provides dedicated server computers, which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. Customer wishes to connect a web site(s) to the World Wide Web utilizing the hardware and software resources of PHInc™ to establish an Internet web eCommerce presence. NOTE: You must have the skills / knowledge of running a business, using a PC and using the Internet, as we do not provide these services.
CONDITIONS: The application and this Agreement constitute a binding contract between PHInc™ and the Customer and do not extend to any other person or entity.
SPAM (unsolicited email): PHInc™ has a strict NO SPAM policy. If you have any plans of sending out SPAM, regardless of what server/computer sends it out, where you are sending or receiving spam, please do not continue with the order. You are responsible for your mailbox, keeping it clean is essential. Any account that ignores this policy and sends / receives SPAM anyway will be terminated. In other words, if you send SPAM your account would be billed for the remainder of your term, and no refunds would be allowed. By completing this contract, you agree you will not send any SPAM or signup for any services that will send you large amounts of email related to your site from any computer.
ADULT SITES: PHInc™ does NOT host adult sites, nor sites, which generally would be perceived as being of adult nature, based on language, content, photos, and images, including nudity of any form. If any of these occur on an account, the same account termination procedures and forfeitures will apply.
ILLEGAL INFORMATION: PHInc™ does NOT host any site, which contains or promotes illegal products or information of any kind. If any of these occur on an account, the same account termination procedures and forfeitures apply as indicated above adult sites
ALERT LISTS: PHInc™ does NOT host web sites that contain products from those who are on our ALERT LISTS. These people are NOT reliable businesses and may provide sub-standard products or services, or be involved with consumer complaints. We caution you against providing any of these people or companies with your credit card, bank account or other personal information. We do not wish to have our company or your name tarnished because of the deceptive practices of others. Any of these companies whom you contract with, you do so at your own risk and agree to hold us harmless from any and all actions that may occur.
UNILATERAL SERVICE REVOCATION: In the event that PHInc™ may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, PHInc™ may immediately discontinue such service to the Customer without liability.
PAYMENTS: PHInc™ currently does not charge a setup fee. We do however have a Hosting Fee of $29.95 per month. Any set-up fee (when applicable) is due at the time the application is filled out, and submitted to PHInc™. Subsequent payments are due according to the selected fee schedule following the establishment of the web space on the Internet. Web space will be billed a minimum of one (1) month in advance depending on the selected fee schedule. Subsequent payments are due on the renewal date per the selected fee schedule. In the event that the Customer fails to pay for such services in advance, PHInc™ shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made. If payments fall beyond 60 days, then the web site, email accounts etc. will be deleted from our servers with OUT any backup on our end. It is agreed that YOU will maintain your own web site store / email / orders etc. backup files and not rely on Premier Hosting, Inc. to do so for you.
FINANCING TERMS: All Payments will be based up our Payment Schedule CLICK HERE and all the additional terms will be included into this Agreement. If you are not approved, then you would receive a refund - After you sign up, we will process your down payment, if it goes through your are added into our system. You will be called and asked several questions. Employment, SS #, Driver Lic #, Bank Information. If you fail to give us the additional information, or give us incorrect information, your down payment and first month hosting / service fees will be forfeited. You may not cancel your web site hosting until your payments for the web site has been completed, however you may pay your remaining payments at once and then be able to cancel your hosting. If you send us a cancellation notice, then we retain the right to formally charge you the remaining balance at the cancellation notice.
RATES: PHInc™ currently has different a rate for different services, please review our web site for those services and rates. Our web site software is designed to make it easy for you to maintain your estore, however if you need additional assistance you can either do it yourself, hire someone who is non a PHInc™ employee, officer, or an affiliate. We will assign a PHInc™ staff member to assist you at an hourly rate.
CHARGE
BACKS: A
Charge
Back is considered a DEFAULT in this contract and your site, email etc
will be
suspended. If client disputes justified charges without consulting
PHInc™
to resolve the dispute, PHInc™ has the right to suspend your account
and
immediately discontinue service. You will be charged a $300.00
administrative
fee for each charge back you file.
PHInc™ does not allow charge backs to occur to its merchant accounts and contracts with VISA / MASTER CARD International, American Express Bank. and Discover Financial Services or PayPal. It is not recommended to initiate a charge back hence customer agreed to AGREEMENT (this document) and Terms & Conditions as outlined in this document and PHInc™ Policies. Customer will agree to these terms prior to puchasing any products or services from PHInc™ and will continue to agree to these terms each time customer logs into their website administrative store manager. PHInc™ will wholeheartedly fight a charge back and / or dispute. Any dispute / charge back attempts will immediately result in suspension of web hosting account and additional charge(s) applied to the customer credit card under the same terms and conditions as this Agreement.
NSF FEES: PHInc™ charges a $75.00 fee for all NSF items that are returned to the company.
INTEREST FEES: All monies that are due and will become due will be charged a monthy interest fee of 1.5 percent until the balance has been paid in full, including all miscellaneous fees.
MISCELLANEOUS FEES: In compliance with the Collections Department PHInc™ also charges $10.00 per paper invoice needed and $10.00 per Contract/Agreement that is requested by the customer and/or outside Collections Agency or Legal Representative.
REPOSSESSION: We reserve the right to resell a web site for any of the following reasons, abandonment, charge backs, NSF, non-payment for web site or hosting fees.
SITE OWNERSHIP: It is understood that Client has full ownership of the domain name, html pages and artwork and may transfer ownership to anyone at any time by giving us such notice in writing. Prior to actual transfer, all monies due and over due MUST be paid in full and the NEW OWNER must accecpt the terms of this agreement.
HOSTING TERMINATION: We will suspend all services if your account balance becomes 30 days overdue. In 60 days over due, your web site will be removed from our servers and a fee of $29.95 per month will continue until full payment has been made.
DOMAIN NAME: If PHInc™ shall acquire an Internet Domain Name on behalf of the Customer for 1 year, then in such case the Customer hereby waives any and all claims which it may have against PHInc™, for any loss, damage, claim or expense arising out of or in relation to the registration or renewal of such Domain Name, including but not limited to, registration in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by PHInc™ for any reason.
DROP SHIP: We are NOT the Drop shipper, and we do NOT ship or have control on any products. YOU understand that we will provide you with a list of our drop shippers and you MUST get an account with the Drop shipper in order to sell their products. PHInc™ or its affiliates are NOT responsible for ANY and ALL grievances between you and the Drop shipper We are NOT responsible for the pictures of the products or the picture quality, if they are unavailable. You agree to HOLD US HARMLESS. You agree and understand that you MUST abide by the Drop shipper policies and we are independent of any and all Drop shipper You the customer understand that PHInc™ or its affiliates will NOT return any funds to you for any reason what so ever. We will add products to your web site from our drop shippers ONLY, you may add products from other vendors at your own expense. You may add up to 1.5 million products to your store as long as it is not illegal or pornographic in nature. You can have us add those products in for you at an additional charge based at $125.00 per hour.
DROP SHIP FEEDS: We developed relationships with many Drop shippers so you may sell their products. We have no control over the accuracy of the data, nor are we responsible for inventory that has gone out of stock. We will update out data feeds twice a month. We will give you access to all of our Drop shippers to keep your data updated, however if you choose to move around the departments, categories and or sub categories, you do so at your own risk. The updates may not work correctly if you do so.
STORE PRODUCT LAYOUT: We setup the products in your store in such a manner whereas we can maintain updates to those products, if you move or change names to the departments, products etc. you risk the ability to easily update your inventory with the drop shippers You might need to manually update those products yourself
SUPPORT: Support is offered through our Help Desk System CLICK ME and/or a limited amount is handled though our Customer Service Center by phone by dialing 920-968-7600 and if your question cannot be answered, you will be directed to use our Help Desk System CLICK ME. Support as stated here is always offered to you, at no charge
PRIVACY: We will not give any information about you, your company or your employees to any, firm, individual, company or government office without a federal court order to do so. Your private information including email addresses will not be sold to any of the above entities as well. All critical information is encrypted and is security monitored on our servers. We will not speak to anyone who is not listed on your account for any reason what so ever. If you wish others to be able to speak with us regarding your account, web site etc. you must first provide us with a written statement signed by you and notarized that you gave them permission to act on your behalf. The Billing Department of PHInc™ and its subsidiaries comply with all Federal and State policies concerning the release of information. PHInc™ does not release personal information and follows the rule under YOUR PROTECTION as listed above.
INDIRECT STORAGE: PHInc™ does not allow our servers to be used as a storage location for download or access of files of any type (.exe, .doc, .pdf, .asp, .htm, .gif, .jpg etc.) that are not directly related to the account that we host. Also, PHInc™ does not allow our servers to be used to process scripts and forms that do not directly relate to the account which we host. Basically, if it's related to your site, that's fine. If it's related to someone else's site, it should be on their server.
EMAIL: Email accounts (POP3) are intended to be used directly by the individual/company/organization associated with the domain that we host. It is strongly recommended to use an email program like Outlook Express to retrieve the email from the POP3 account and store the emails locally. We do not keep a backup of your email or your address book. We do not support any email software, support MUST be obtained from the respective developer.
DATA: you to insure of any losses that may occur MUST back up your data from your web site. We have provided you with a built in back up system with in your store manager for you to use. You agree to hold us harmless for any such loss of data for any reason what so ever.
TECHNOLOGY: The technology we use and allow you to use while your web site is managed and hosted by PHInc™ is proprietary, and is STICKILY forbidden to share with others. You agree not to use our technology or any other proprietary services offered by PHInc™ in any other manner or on any other server(s) without our written consent. YOU agree NOT to use any of our technology or business model in any form of competition for at least 3 years after written termination of this agreement.
TRADEMARKS & COPYRIGHT: The use of our trademark names and copyright material is strictly prohibited, on your web site, blogs, emails, forums, etc. and YOU MUST receive permission in advance prior to the use of our trademarks and copyright material anywhere.
MATERIAL INDEMNIFICATION: Client hereby agrees that all domain names and any material submitted for publication on PHInc™ server(s) through client's account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Client hereby agrees to indemnify and hold harmless PHInc™ for any claim resulting from the submission of illegal materials, any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against PHInc™ on the grounds of such violation. Violations to PHInc Terms Of Service will result in immediate account termination and PHInc™ reserves the right to charge up to $50.00 clean-up fee
MATERIAL USAGE; Client hereby agrees that they grant us PHInc™ permission to use their rights acting as an agent on their behalf through their Drop shipper Membership for the sole purpose of uploading their web sites or assisting them with updating their web site Client hereby agrees and grants us permission to download pictures and text descriptions to update their site on an ongoing basis. Client hereby agrees to hold us harmless in any and all incidents that could be considered in violation of any and all copyright issues.
WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that PHInc™ makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that PHInc™ shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data (including database data in any format), email data, delays, non-deliveries, or service interruptions. The customer also acknowledges that by using any shopping cart system, whether provided by PHInc™ or not, PHInc™ will not be held responsible for charge backs, errors, loss of revenue, loss of data, web server failure, downtime, or any disputes that may arise from the use of any shopping cart system.
SCHEDULE LIMITATIONS: On our Comparison page, CLICK HERE you will find an average of time to complete the 4 independent packages. The times are an estimation ONLY and PHInc™ cannot and will not be held responsible for work not completed with-in a certain time limit. PHInc™ will do its very best to complete all tasks in a professional and timely manner, but will not be held accountable for deadlines on the clients end.
CUSTOM WORK LIMITATIONS: Once a customer takes ownership of their website, customer has 2 weeks to ask for minior changes. Once the 2 weeks has expired customer will pay an hourly fee for any such changes, however if a change is needed due to a correction of our work, PHInc™ will not charge the customer for those changes only. This rule does NOT apply to the Niche Package!
CLIENT / STAFF COMMUNICATIONS: All work on your web site, either package must be communicated through our Drop Ship Support Help desk. CLICK HERE We understand some customers may wish to have a one-to-one verbal communication with our staff, this can be done by appointment only and is based at a rate of $85.00 per hour, increments of 1 hour each. When you submit a help desk ticket, you may ask the designer to call you by phone, when the designer is working on your web site to go over some ideas, in this instance there will be no charges accrued to you
TORTUROUS CONDUCT: Any abuse towards any PHInc™ employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing PHInc™ or utilizing the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at PHInc™ or its employees shall be considered a violation of this Agreement..
Any threat; whether verbally, orally, written, or delivered by second parties directed towards PHInc™ or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this Agreement..
Any conduct viewed as violating this section shall be considered a violation of this agreement. PHInc™ will be the sole arbitrator in regards to what is deemed a violation.
DAMAGE LIMITATION: Our cumulative liability to you for any and all claims relating to or arising out of your web site or usage shall not exceed the total amount of the monies or fees you have paid to us within the prior year. PHInc™ and its affiliates shall in no event be liable for any punitive or consequential damages, or lost profits, even if we have been advised of the possibility of such damages, and even if any exclusive remedy provided for in this agreement fails of its essential purpose. It is understood that if the customer believes that they have incurred damages that the damages the customer can suffer will NEVER be greater than the amount that the customer has paid to PHInc™ or any if its subsidiaries in the past year The customer agrees that if the monies or fee that were paid to PHInc™ are less than $5000,00 the only remedy the customer has is by using Small Claims Court in Winnebago County, Wisconsin, USA.CGI-SCRIPTS: You are free to use any CGI scripts you wish, as long as it does not negatively affect another site on the Internet, nor can it be used for anything illegal. PHInc™ reserves the right to disable any CGI script or script access on an account.
LOG FILES: Log files may be deleted on a periodic basis. Users are responsible for downloading their log files if user needs the log files. It is recommended that clients who wish to maintain a history of their log files download them monthly.
CPU, MEMORY, DISK SPACE: It is a violation for anyone to post information or to include programs, scripts, images on the web space provided through the PHInc™ services which consume excessive bandwidth, CPU time or storage space. For most web sites (probably over 90%) this isn't even an issue. If your site(s) violate this agreement, PHInc™ reserves the right to de-activate or terminate your site(s) service immediately. We understand sites grow, and may need more disk space. That isn't the concern here. Extremely excessive disk space usage is not permitted.
CANCELLATION POLICY: Since we have new sites up quickly, we do not have a cancellation window. Our policy is once you sign up for a web site, and you agreed to these terms, you are responsible for the price of the web site you selected and your first month hosting fee. You may cancel at anytime thereafter, after providing us with a 2 week written notice and using the proper cancellation form located at CLICK HERE. If paying by credit card at sign up and your credit card declines, PHInc™ will then attempt to charge your card for $100.00, which is non-refundable if you fail to pay the entire amount.
TERMS: All terms for hosting is based upon a 1 month contract, and you must give us written notice at least 2 weeks prior to your term date, or you will be charge for the next month service fees.
RENEWAL: All contracts are automatically renewed, but for only a Month to Month basis unless a written notice of cancellation submitted through our cancellation form at least two weeks in advance of the renewal date / anniversary date. If no correct notice of cancellation is given, all contracts will be automatically renewed for a Month-to-Month term under the same conditions.
COMPETITORS: Are strictly forbidden to access our servers for any reason what so ever with out our permission. Competitors are forbidden to sign up for our web sites or gain access to any of our customers web sites or our list of drop shippers, database's, products, descriptions etc. Competitors may NOT use any of our information, text, pictures, logo's trademarks, company name etc. on their web sites with out our approval.
REFUSE SERVICE: PHInc™ reserves the right to refuse service to anyone at any time for any reason. PHInc™ reserves the right, in its sole discretion, to deactivate your account(s) without further warning upon an indication of credit problems including delinquent payments, or if this service contract is violated, or if Client's account or the traffic on this account causes any kind of network or server problem or disturbances. If client contacts our customers or breeches this contract in any form or manner. PHInc™ reserves the right to refuse service to you or your company for any type of slander, defamation or harassment to our companies, staff, clients or to our affiliates.
CHANGES IN TERMS OF AGREEMENT: PHInc™ reserves the right to make changes to the terms and conditions of this Agreement. It is the Customer's responsibility to periodically review the Web Hosting Contract and Terms of Service Agreement). Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s). This agreement will be displayed to YOU each time you log onto your store manager, you will need to agree to these terms to enter the back end of your estore
GOVERNING LAW: The laws of the State of Wisconsin in the United States of America shall govern This Agreement. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect. You are deemed to be entered into this contract / agreement performed in Menasha, Wisconsin. These Rules shall be governed by and construed in accordance with the laws of the State of Wisconsin and without regard to conflicts of law provisions. You consent to exclusive personal jurisdiction and venue in Winnebago County, Wisconsin, and agree that it shall be the sole forum and venue for any and all disputes between you and PHInc™.
ARBITRATION. Any controversy, dispute or claim of any nature whatsoever arising out of, in connection with your web site or these Rules, or involving you and PHInc™, including the issue of any such claims in the amount of $5001.00, or more will be resolved by binding arbitration before a retired judge located in Winnebago County, WI. At the sole discretion of PHInc™. The prevailing party will be awarded all costs and expenses, including without limitation all arbitration, expert witness and attorney fees, costs and expenses.
ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity. Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.By joining our service you agree to these terms.