This Services Contract or
Agreement ("Agreement") is a valid legal agreement between
Nechtan Design (“Nechtan”, “The
you, the individual or single entity ordering Nechtan Design's
services ("Services"). This Agreement governs your purchase
and any use of Nechtan Design's Services ordered by you including Web
Nechtan Design reserves the right to reject this Agreement for any reason prior to acceptance. Activation of the Services or a valid Nechtan representative signature on a Scope document will indicate Nechtan Design's acceptance of this Agreement. This agreement shall become effective as of the date of (1) your acceptance of this agreement, (2) the activation of your account or (3) your receipt of an e-mail from Nechtan Design confirming your order, (4)your signature on a Scope document, whichever happens first.
Nechtan Design may amend or otherwise modify this Agreement at any time and from time to time without notice to you. You will be bound by the amended Agreement upon your continued use of the Services after the revised Agreement is posted at this web site. You may determine the date of posting at the Effective Date section at the end of this page.
Nechtan Design does not sell, rent or otherwise disclose its mailing lists to third parties.
Any Web design work that is completed by Nechtan Design may be posted on our portfolio page. If you would like your identifiable information to be blurred please send a letter stating such to Nechtan Privacy Dept P.O. Box 191 Sewickley PA 15143.
Nechtan Design does collect information from its Web site when the information is volunteered by the individual. This includes, but is not limited to, email addresses, USPS addresses, names and phone numbers. We may use this information at any time to contact you regarding goods or services that we believe may be of interest to you. If you would like to stop receiving this information from Nechtan Design please send a letter stating such to Nechtan Privacy Dept P.O. Box 191 Sewickley PA 15143. You will be removed from our list within 15 days of receipt of this request.
Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees, ('Liabilities') against Nechtan Design, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Nechtan Design against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with Nechtan Design's server; and material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold on Nechtan Design's Server. As a result of this, Customer agrees that Nechtan Design shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of Nechtan Design. Notwithstanding the above mentioned, Customer's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid during the last 12 months of this Agreement.
Nechtan Design will do its best to keep all services up and running efficiently. However, Nechtan Design provides the services "as is" without warranty of any kind. In the event that Nechtan Design provides you with products in conjunction with other services, Nechtan Design also provides those products "as is" without warranty of any kind, whether express or implied. Nechtan Design disclaims all implied warranties, including the implied warranties of merchantability or fitness for a particular purpose. For programming services, unless otherwise specified in your contract, you are granted the non-exclusive right to run those programs on the Nechtan Design servers. You are not permitted to transfer the code to any other hosting provider; all code remains the sole and exclusive property of Nechtan Design. Nechtan Design cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Nechtan Design will not be liable for the inadvertent disclosure of, or corruption or erasure of, date transmitted or received or stored on its system. In no event shall Nechtan Design be liable for any direct, consequential, loss of profit, special, exemplary or punitive damages, even if Nechtan Design has been advised of the possibility of such damages, that you incur from the usage of information obtained over the internet. Nechtan Design will not be responsible for any damages your business may suffer. Nechtan Design assumes no liabilities for publishing information provided by clients as part of its Web design services. CLIENTS ARE SOLELY RESPONSIBLE FOR ALL INFORMATION PUBLISHED ON THEIR WEB SITES! Nechtan Design makes no warranties of any kind, expressed or implied, for services we provide. Nechtan Design disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions whether or not caused by the fualt or negligence of Nechtan Design and its employees, contractors, vendors, or assignees. Nechtan Design reserves the right to revise its policies at any time. Nechtan Design specifically limits its liabilities to the amount that you paid Nechtan Design in the past 12 months.
You hereby agree that any termination or refusal shall not constitute a breach of contract, or be used as the basis for any other claims, financial or otherwise against Nechtan Design by you, and you agree to indemnify and hold Nechtan Design harmless from any claims by third parties resulting from your use of our web hosting services. Nechtan Design may elect at its sole discretion to monitor some, all or none of your web activities for adherence to this agreement. At all times, Nechtan Design reserves the right to terminate this agreement, and refuse providing further service to anyone it determines is in violation or may violate any law.
Although Nechtan Design provides encrypted data through its secure servers via industry standard methods, Nechtan Design assumes no responsibility for the effectiveness of any encrypted data, nor will Nechtan Design guarantee that an encryption algorithm will be indecipherable, and data visibly transmitted. Nechtan Design makes no claims or warranties regarding the viability, integrity or invincibility of the encryption used, nor will Nechtan Design accept responsibility for the success or failure of the secure server to properly encrypt data. Therefore by using Nechtan Design's secure server and being charged for its use, you assume any risks that the encryption may be decipherable.
You agree that the Nechtan Design service is not transferrable. Whoever activates and pays for the account is responsible for that account.
Nechtan Design reserves the right to monitor any and all communications through the system. You agree that Nechtan Design is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply Nechtan Design with correct information for our records, and you have a continued obligation to keep this information current.
You are responsible for maintaining the confidentiality of your password and are liable for any harm from disclosing or allowing disclosure of any password or from use by any person of your password to gain access to your account.
BACKUP OF DATA
You are responsible for backing-up your data, files, e-mail and other information stores in your account. However, Nechtan Design will take reasonable measures to protect such information. Nechtan Design reserves the right to delete all of your data, files, e-mail and other information that Nechtan Design holds in computer storage once your account has been terminated, for any reason, by either party. There is a minimum charge of $80.00 for any request to restore data from our backup.
Subject to the acceptance of this Service Agreement, Nechtan Design will activate the service upon completion of the registration process, payment and account validation/approval is completed. Once your account is opened, you will receive your password, account information and instructions via email. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify Nechtan Design of any unauthorized uses of the account or any other breaches of security. Nechtan Design cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Nechtan Design be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Billing Cycles (Terms)
Nechtan Design billing cycle begins when you receive an e-mail confirming that your website has become available for access over the Internet. The first month is due in advance, including any set up or extra fee. Up to 12 months of service may be paid for in advance. All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. Accounts that are fifteen (15) days past due will be automatically suspended and the Web site will be taken down until payment or other arrangements are made. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
An email announcing your next payment date will be sent to the contact email address you provide to Nechtan Design. In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. The expiration of your domain name does not automatically terminate your hosting account. Your hosting account billing term automatically renews upon its completion. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Nechtan Design will send a paper statement and receipt when it is requested. Nechtan Design reserves the right to charge an administration fee of $1 per paper statement or receipt sent.
If a paper statement is not requested, statements will be sent to your account's primary email contact.
statement and receipt for Web design and programming services will be
sent vis USPS for no additional charge.
All charges are shown in US Dollars. Payments are to be made in US dollars. Nechtan Design accepts the following types of payment:
be sent to:
P.O. Box 191
Sewickley, PA 15143
Returned (NSF) Checks
Nechtan Design charges a $25.00 fee for returned (NSF) checks and services will be terminated immediately until payment is provided. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.
Customers that wish to reactivate a closed account canceled due to lack of payment will be assessed a $45.00 reactivation fee.
Customer's who wish to transfer a domain name or account that is not in good standing may only do so after paying a $60.00 transfer fee. Accounts that are in good standing may transfer a domain or account at any time.
Nechtan Design's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
Any refund made via check or credit card will incur in a 10% administration fee or a $3.00 fee, whichever is higher, which will be subtracted from the total amount of the refund. Refunds will be processed during the next billing cycle.
REFUNDS AND OUR
30-DAY MONEY BACK
Nechtan Design offers a 30-day money back guarantee which consists of a full refund of the current month of hosting during the first 30 days of service (excluding setup fees), plus a refund of any months of service you have prepaid, with certain restrictions mentioned below:
Hosting plans will automatically renew until a plan is canceled. In order to cancel service, you must submit the cancellation by email to email@example.com or in writing to Nechtan Cancellation Department P.O. Box 191 Sewickley PA 15143. Due to the possible inconsistencies with email, if you are canceling via email, the cancellation is not considered effective until you have received a confirmation email from our Cancellations department! Cancellation requests must be received by Nechtan Design a minimum of five (5) days prior to the end of your Billing Cycle and will be effective on the Statement Due Date. If you send in a cancellation request after your account became due and was paid, and you do not qualify for our 30 day money back guarantee, the payment will not be refunded. Nechtan Design will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Nechtan Design as soon as possible.
Nechtan Design reserves the right to cancel service at any time if a violation of any policy occurs. All fees paid in advance of cancellation will be pro-rated and refunded in accordance with our refund policy. Any violation of policies which results in extra costs will be billed to the customer.
If the account is not paid within 15 days after payment is due, access to the account will be blocked and the web site will be taken offline. Any such termination or interruption does not relieve you from paying the overdue amount plus any interest, and in the event of collection enforcement, you shall be liable for any costs associated with such collection, including legal costs, attorney fees, court costs, or collection agency fees. Nechtan Design will not automatically cancel plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Nechtan Design's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Nechtan Design reserves the right to cancel any account, at any time, without notice, for any reason Nechtan Design considers appropriate. If you have a delinquent account and would like to transfer a domain name this may be done so after paying a $60.00 domain transfer fee.
DATA LOSS POLICY
Nechtan Design is not responsible for any data loss and/or damages. This includes data loss caused by the user, lack of caution by the user, hardware/software/human error, or a server security breach. Nechtan Design is not responsible for any losses caused by the termination of an account.
Nechtan Design has the right to charge you at up to $20 per gigabyte for each gigabyte you are over on your data tranfer. If you cancel your account and are unwilling to pay for the extra data transfer, Nechtan Design has the right to not refund future prepaid months and/or to charge you for the extra data transfer.
To Customers in good financial standing with Nechtan Design we guarantee that our network is available 99.5% and their host server is available 99.0% of the time in a given month, excluding scheduled maintenance. All maintenance will be schedule at least 24 hours in advance.
The network is defined as core network infrastructure excluding the hardware, services and software running on your server. The server is defined as the host hardware that houses the account. Downtime is measured from the moment the Customer notifies a Nechtan Design support representative of a failure to the time the Network or Server responds to an external "ping" request. Notification of network failure must occur at the time of the outage and not after the fact. Notification should be made via a phone call or our ticketing system. Email is unreliable during a network/server outage.
For purposes of this guarantee, Service Outages shall be defined as 20 consecutive minutes of web site (HTTP) inaccessibility or an unbroken sequence of 30 minutes of network outage. This guarantee does NOT include:
Nechtan Design will not be held responsible for Service Outages resulting from non Nechtan Design operated equipment including, but not limited to, Internet NAP failures or congestion (MAE East, MAE West, etc.) and non Nechtan Design backbone failures, telephone circuits between a POP and the customer location any networks or network equipment not owned or controlled by Nechtan Design. Additionally, Service Outages will not include downtime due to OS (denial of service) attacks on customer web sites, Acts of God, nor for outside security breaches, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer/expiration, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or a client breaking any or terms and conditions in Nechtan Design "policies" causing a machine to fail as a result. Furthermore, Nechtan Design will not be held responsible for delays in the registration or transfer of a domain due to InterNIC related issues, including DNS propagation, for outages resulting from malfunctioning customer scripts or applications that are installed by the customer, nor for unusual traffic spikes or DOS (denial of service) attacks on customer web sites. Finally, Nechtan Design will not be held liable for Service Outage damages resulting in the loss of prospective profits or anticipated sales or as a result of expenditures, investments, or commitments in connection with the business.
If network downtime exceeds .2% in a given month, the Customer will be credited 5% of their monthly hosting fee and an additional 5% for each additional 2 hours of downtime up to 50% of the Customer 's monthly hosting fee.
If server downtime exceeds 1% in a given month, the Customer will be credited 5% of their monthly hosting fee and an additional 5% for each additional 2 hours of downtime up to 50% of the Customer 's monthly hosting fee.
Credits shall not be provided to the Customer if network or server downtime is the result of: a) scheduled maintenance b) circumstances beyond Nechtan Design's reasonable control, including, but not limited to: dDOS or other network attacks, upstream or 3rd party network outages, war, fire, flood, sabotage, labor disturbance, acts of government, acts of god or c) breaking this Agreement.
Should you choose to register a domain name through Nechtan Design, Nechtan Design will register a second level domain name on your behalf, provided such domain name is available for registration. Nechtan Design acts only as an intermediary between you and the organization providing the domain name, and has no influence over the assignment of domain names. The registration of your domain name is subject to the terms and conditions of those third-party registrars, and is also subject to the terms of the Uniform Domain Name Dispute Resolution Policy ("UDRP"). Nechtan Design assumes no liability in the event the domain name is unavailable or otherwise not assigned to you, and does not warrant or guarantee that assigned domain names do not infringe the rights of third parties, or that you will retain the rights to that domain name for any period of time. You agree that you are responsible for any and all fees and costs related to the registration of your domain name, and you authorize Nechtan Design to bill you for any such fees and costs. Nechtan Design will automatically renew your domain registration on a yearly basis or other term requested by you and bill you accordingly.
In the event of non-payment on a domain name the customer agrees and acknowledges that the domain name registration shall be transferred to Nechtan Design. In addition, we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. In any of such case Nechtan Design reserve the right to change the domain's information. Nechtan Design will reinstate Customer's domain name registration solely at Nechtan Design's discretion, and subject to our receipt of the initial registration or renewal fee. We will transfer said domain name within 30 days if contacted by the appropriate parties after receipt of a $60.00 domain transfer fee.
The Nechtan Design server may be used only for lawful purposes. Users may not use the Nechtan Design server in order to transmit, distribute or store material (a) in violation of any applicable law, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or (c) that is obscene, threatening, abusive or hateful, including the advocating of terrorism and/or the killing of any individual or group.
Users are responsible for complying with all applicable federal and state laws applicable to their Web site content, including copyright laws. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. As a condition to your account with Nechtan Design, you agree that you will not use the Nechtan Design service to infringe the intellectual property rights of others in any way. Nechtan Design reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of their services.
Users may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ('spam') in a way that could be reasonably expected to adversely impact the Nechtan Design servers, including, without limitation, using an e-mail account on Nechtan Design's server to send spam or bulk e-mail, or using the service of another provider to send spam or to promote a site hosted on or connected to the Nechtan Design server. In addition, Users may not use the Nechtan Design server in order to (a) send e-mail messages which are excessive and/ or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, 'mailbombing', (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data (g) Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail.
DAMAGE OR LOSS OF
Nechtan Design will not be held liable for any damages or loss of income or profits resulting from:
Nechtan Design is not responsible for the content, accuracy or quality of information obtained through its service, or information hosted on its web servers. EACH CLIENT IS RESPONSIBLE FOR THE CONTENT ON THEIR OWN WEB SITE REGARDLESS OF DESIGN SERVICES RENDERED.
OFF HOURS SUPPORT
In an effort to keep our fees to a minimum for our small business clients, Nechtan Design provides free technical support during regular business hours only unless specifically written into your contract. Our regular business hours are Monday through Friday 8:00 AM to 5:00 PM, excluding Nechtan Design holidays.
Off hours support prices are in effect any time that is not listed as regular business hours. Off hours support is charged at a rate of two and a half times your normal billing rate. To open a ticket off hours, all clients must use the ticketing system so that a support technician is properly notified of an incident.
Any situation where the client who opened the ticket is determined to not be at fault for the incident (i.e. a server crash) will result in NO CHARGES to that client.
NECHTAN DESIGN HOLIDAYS
Nechtan Design will be closed in observance of the following holidays:
This Agreement supersedes all previous representations, understanding or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.
LAW, JURISDICTION, AND SERVICE
This agreement shall be governed by the laws of Allegheny County Pennsylvania and the United States of America. If any part of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of the Agreement will not be affected or impaired in any way. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered in Allegheny County Pennsylvania, and any dispute will be litigated or arbitrated the courts of Allegheny County Pennsylvania, USA. Furthermore, defendants waive all objections to venue and acknowledge that venue in any such litigation will be held in Allegheny County Pennsylvania's courts. IN NO EVENT SHALL NECHTAN DESIGN'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
This Service Contract or Service Agreement was last updated on June 23, 2008 and will be effective on June 23, 2008.