Terms
HB Jamaica desire is to delight the client. One way is to make clear our understandings with each other.
BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY HBJAMAICA.COM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS & CONDITIONS SUPERSEDE ALL EARLIER VERSIONS.
Please read these terms and conditions carefully, as they describe your legal rights and obligations. This agreement shall become effective as of the date of (1) your electronic signature on or acceptance of this agreement , (2) the activation of your account (3) at the point that you pay your deposit or make any payments to HBJamaica or (4) your receipt of an e-mail from HBJamaica confirming your order, whichever happens first.
THIS AGREEMENT, UNLESS OTHERWISE PROVIDED, IS EFFECTIVE AT THE POINT OF YOUR DEPOSIT AND IS AUTOMATICALLY RENEWABLE FOR SUCCESSIVE TERMS. EITHER YOU OR HBJAMAICA MAY TERMINATE THIS AGREEMENT (AND YOUR ACCESS TO YOUR ACCOUNT) AT ANY TIME WITH 30 DAYS NOTICE, OR HBJAMAICA MAY TERMINATE THIS AGREEMENT OR SUSPEND YOUR ACCOUNT WITH NO NOTICE FOR A BREACH OF THIS AGREEMENT. ANY AND ALL OUTSTANDING FEES (INCLUDING WITHOUT LIMITATION THOSE THAT MAY BE OWED UNDER AN EXTENDED TERM PACKAGE) SHALL BE DUE AND PAYABLE UPON TERMINATION, ALL AS MORE FULLY DESCRIBED IN SECTION 6 AND 10.
These are the terms of our agreement together:
1. Authorization.
The above-named client is engaging HB Jamaica as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on the client's web space on our web hosting service's computer or another of the client’s choosing. The client hereby authorizes HB Jamaica to access this account, and authorizes the web hosting service to provide HB Jamaica with "write permission" for the client's web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes HB Jamaica to publicize their completed website to Web search engines, as well as other Web directories and indexes. HB Jamaica includes the following elements in their Standard CMS HOSTED-VERSION Website Packages:
a. E-mail Accounts.
b. Words of text supplied by the client (200 words per page approximate maximum if not supplied via diskette or email.)
c. Links to external pages, according to package purchased.
d. Photos and other misc. graphic images supplied by client (up to an average of 3 included per page in standard websites) HB Jamaica has graphic images on file that the client may include on their web site at no additional cost. If HBJamaica uses any of its stock photos in the website design process, the ownership of the images does not transfer to the client. The client will only own images they send to HBJamaica.com and will ensure that they do not violate any copyright laws.
e. Minor updates and changes to existing web pages for customer who host their site with us as long as it is within their purchased plan. This only affect orders made prior to January 1, 2009. This does include any MINOR modifications and tweaking to work out backend database bugs and functionality, insertion/removal of text and images. This does not include adding features past the scope of this project outlined in Planning Worksheet or Official QUOTE sent to clients by HBJamaica. For orders after January 1, 2009, the order will be done according to the quote sent to client by HBJamaica. If a feature is not stated in the quote request email to clients, then it is NOT included in the work order or final design of website. Orders placed after January 1, 2009 will include an administration panel for the customer to be able to maintain their own website changes and updates.
For client's not hosting with us: Once the client approves the site and it's launched at their domain name, no additional updates will be allowed for free.
f. KeyPhrase Optimization & Meta Tag Generation will be set up on all static pages on a one-time basis, if the client submits the key words and description by email. HB Jamaica will, however, submit the URL of all client site to Yahoo, Google and MSN at no additional cost.
2. ALL Website Design Services.
The content (text and graphics) of the web pages will be supplied by the client and executed as specified by the client in the "Website Planning Worksheet or Official QUOTE or INVOICE sent to client by HBJamaica" . The Client has chosen and agreed to pay for the plan chosen as noted on the official invoice or paragraph 13 of this agreement. Where custom graphic work (beyond the scope of the "Custom Graphics Package" detailed above) is requested, it will be billed at the hourly rate or the Client may upgrade to another plan and pay the additional cost associated with the upgrade.
Within the eCommerce Packages, each item is counted by the amount of different prices to be entered within the database. Cost of plan chosen WILL NOT vary as long as the Client stays within the perimeter of the original chosen plan. Please note that normal page length will not exceed 11 x 14 without additional cost. All hosted Versions of HB Jamaica Content Management System Websites are properties of HB Jamaica. Upon ending the terms of the hosted period, clients may reinstate their hosting plan to continue with the hosting services of HBJamaica.
Please note that HBJamaica brands all of its websites designed including external hosted packages. If client pays for ownership rights to the site and is allowed to make changes to the site, the branding of the site will remain unless an additional fee is paid of US$350.00. Unauthorized removal or changes made to color of HBJamaica's branding so that is not visible to the public, will result in automatic suspension of your hosting plan, and you will have to pay US$350 before the service is restored. In addition, you will not receive any files, email service or use of your domain during the suspension period. Please note that Website Design cost will reflect HB Jamaica website design services, in the setting up of the website, and NOT the ownership price nor the transfer of ownership rights of the website, in any part, including source codes or administration panel. At no time will the client own the administration panel of the website without paying an ownership cost (see ownership clause below).
3. Maintenance and Hourly Rate.
This agreement includes minor web page maintenance to regular web pages for customers, of selected packages, that are hosting with HBJamaica. It does not include removing nearly all the text from a page and replacing it with new text. The update period commences upon the date the client's web site is officially published to the web and all monies paid. Once the client’s site has been published to their domain name, design work will incur an additional cost, however customers may use their FREE update hours towards maintenance at no additional cost. (see paragraph 13) The updates will be completed within 24 - 48 hours unless otherwise indicated to the Client. All update requests MUST be submitted by email in the exact wording to be added to the site. Images to be replaced MUST be submitted in its final format as a .jpg file. HB Jamaica will not change any text or images without client incurring additional charges. Customers not hosting with us will not receive any free updates. Effective, January 1, 2009, update management services will be billed at J$500/hour, given that all customers will have an administration panel to be able to manage their own website, at no additional cost.
4. Changes to Submitted Text.
Please send us your final text. You are fully responsible for submitting all the text information for your website. We will not reword any of your text submitted. If you require our service of rewording or originating the text for your website, please notify us.
5. Completion Date.
HB Jamaica and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website within the time frame noted, in your invoice-agreement, from the point of receiving ALL information (complete text and graphic content) and payments for this website project. This project completion date is affected by the date the initial deposit is received, as well as HB Jamaica receipt of complete text and graphic content from the client. The completion date counting will begin after HB Jamaica has received ALL information (complete text and graphic content) and payments for this website project. If the client does not supply HB Jamaica complete text and graphics content all web pages contracted for within four weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within six weeks after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is published. If the client has not supplied needed information within 6 months after the initial deposit, for the completion of the website, HB Jamaica reserves the right to cancel the account and permanently delete all website files from the server. The client will not receive a refund of any deposit paid, and would have to enter into a new agreement to build a new website.
HBJamaica is not responsible for any delays in the website design process, hosting services or email services due to reasons beyond their control such as power outages and internet service interruption issues. Since HBJamaica uses local utility companies for it's electricity, internet and phone service, there may be occasions that we may experience service interruptions, from the utility companies, for any given reason. HBJamiaca will not be responsible for delay that occurs due interruption in their services provided by various utility companies and will not issue any refunds due to these delays. The customer will not be entitled to a refund nor speedy service for delays that occur due to reasons beyond the control of HBJamaica, such as power, telephone or internet interruption issues. In addition, the time period that the client takes to respond to requests by HBJamaica will not be considered to be a part of the period estimated to complete the website design process, since this is reasons beyond the control of HBJamaica. The completion date given are ESTIMATES and not EXACT dates. HBJamaica, however, will work in a timely manner to try to achieve the estimated completion dates given for not only milestones such as Framework Design, but also for FINAL Design Completion dates. HBJamaica will not be responsible nor issue any refund if the completion day lengths due to reasons beyond our control.
6. Payment of Fees.
Fees to HB Jamaica are due and payable on the following schedule: 50% upon signing this contract, 50% when the web pages have been constructed and proofed according to the client's original written specifications unless other arrangements have been agreed upon. In some cases, 70% is required as a downpayment with the balance due upon completion. The web site will be published on the World Wide Web once all monies due are paid. Once a deposit on website design services has been received by hbjamaica.com, either online or manually through authorized payment locations, this is confirmation that the Client agrees with the terms of agreements on hbjamaica.com.
6a. Hosting amd Domain Renewal Fees
All hosting charges must be prepaid (minimum 3 months in advance based on the Client’s chosen plan). Payment options are available upon request and approval and requires a new invoice detailing the new payment option before the next renewal period. Once a payment of hosting fees or domain renewal fees have been received by hbjamaica.com, either online or manually through authorized payment locations, this is confirmation that the Client agrees with the terms of agreements on hbjamaica.com. The Hosting and Domain Renewal Fees are due in advance of the provision of services. In the event that HB Jamaica determines that the services of a collection agency are necessary or appropriate to collect amounts due under this paragraph, which determination shall be made in HB Jamaica's sole and unfettered discretion, any and all collection agency fees and other costs of collection shall be added to any amounts due under this provision.
You shall pay all costs of collection, including reasonable attorney's fees and costs, in the event any invoice requires collection efforts. All accounts referred to a collection agency shall be subject to an additional fee of J$3,000, which must be paid in full before the account is reactivated.
The pre-paid hosting charges are non-refundable since that area of our server has been reserved for the client for that period. After approval of framework or final site design, all payment made are non-refundable. All domain registration fee is non-refundable. Hosting and doman registration prices are subject to change at the end of your pre-paid period with notice. Renewed hosting period, renewed domain period and additional design request, made by client to HBJamaica, will be subject this agreement. PLEASE MAKE YOUR PAYMENT IN A TIMELY MANNER AT JAMAICA NATIONAL BILL PAY or SCOTIA ONLINE BILL PAYMENMT. We accept Cash, Cheques, and all major credit cards via PayPal including EChecks. ALL CHEQUE PAYMENTS WILL BE MADE IN JA FUNDS MADE OUT TO HB Jamaica.
7. Legal.
HB Jamaica does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will HB Jamaica be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if HB Jamaica has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You may add any content that you desire to your website as long as you do not violate any spamming laws or place any illegal or copyrighted information on your website. Adult Content or links to Adult Content, of any nature, are not permitted on hbjamaica.com servers. Violation of these as well as the detail list below will result in automatic suspension of services.
a. Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
b. Infringe HBJamaica's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
c. Sell counterfeit goods;
d. Act in a manner that is defamatory, trade libelous, threatening or harassing;
e. Provide false, inaccurate or misleading information;
f. You represent and warrant that your domain name does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your domain name is otherwise in compliance with the terms of this agreement.
Nothing in this Agreement is intended by the Parties to create or constitute an agency, joint or collaborative venture, or partnership of any kind between HBJamaica and you, nor shall anything in this Agreement be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between HBJamaica and you. HBJamaica shall have no control or ownership interests of any kind in your business. HBJamaica shall have no direct financial interest pertaining to your use of the HBJamaica Services or HBJamaica's Equipment. HBJamaica's relationship to you shall be restricted to matters pertaining to the provision of the HBJamaica Services as set forth in this agreement.
You confirm that you have unilaterally decided to enter the online and/or Web Site service business and that these are high risk businesses. You further confirm, understand, acknowledge and expressly agree that neither HBJamaica, any agent or representative of HBJamaica, nor any other person is currently representing or otherwise directly or indirectly communicating in any manner herein or otherwise, nor has at any time in the past, represented to you or has otherwise directly or indirectly communicated in any manner to you any guarantee, reassurance or any other communication of any kind regarding the potential profitability, marketability, or likelihood of success of your endeavors through the use of the HBJamaica Services or HBJamaica's Equipment as set forth herein or otherwise.
You expressly acknowledge and agree that the success of any business endeavors which involve your use, in any manner, of the HBJamaica Services and/or HBJamaica's Equipment pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the effectiveness of its advertising and promotion, your administrative capabilities, etc., and that the ultimate success or failure of your business rests with you and not HBJamaica. You further expressly agree not to raise any claim of any kind against HBJamaica and to hold HBJamaica harmless from any claim of financial investment or other loss to you directly or indirectly resulting from your decision to use the HBJamaica Services and/or HBJamaica's Equipment pursuant to this Agreement.
NO WARRANTIES BY HBJamaica.
THE SERVICES OFFERED BY HBJAMAICA ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE HBJAMAICA SERVICES IS AT YOUR SOLE RISK. HBJAMAICA DOES NOT WARRANT THAT THE HBJAMAICA SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES HBJAMAICA MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE HBJAMAICA SERVICES. NO WARRANTY IS MADE BY HBJAMAICA REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND HBJAMAICA HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO YOUR SERVICES AND YOUR WEB SITE; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HBJAMAICA DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE HBJAMAICA SERVICES WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU REGARDING THE POTENTIAL VOLUME OF PATRONAGE OF YOUR WEB SITE OR ANY OTHER PERSON'S OR ENTITY'S WEB SITE OR WEB PAGE.
HBJAMAICA'S LIMITED LIABILITY.
YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL HBJAMAICA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE HBJAMAICA SERVICES. SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES OR JURISDICTIONS, HBJAMAICA'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, HBJAMAICA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE HBJAMAICA SERVICES, AND HBJAMAICA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE HBJAMAICA FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY OF HBJAMAICA FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO HBJAMAICA IN THE SIX MONTHS PRECEDING SUCH ALLEGED BREACH, BUT IN NO EVENT TO EXCEED J$5,000 JAMAICAN DOLLARS.
7.a Domain Registration.
Should you choose to register a domain name through HBJamaica, HBJamaica will register a second level domain name on your behalf, provided such domain name is available for registration, and payment is made by customer. HBJamaica 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"). You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions of the UDRP in effect at the time of the dispute. HBJamaica 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. Upon payment in full of any and all registration fees, HBJamaica shall not own or otherwise legally control any domain name registered on your behalf. You agree that you are responsible for any and all fees and costs related to the registration of your domain name, and you authorize HBJamaica to bill you for any such fees and costs which MUST be paid prior to renewal of the domain. Unless terminated, at the end of each term your domain name will automatically renew for an additional term, and you further authorize HBJamaica to charge you for the renewal fee associated with such renewal term and any related fees or charges. Should the customer fail to honor such debt and renew the domain in a timely manner before the domain expires, HBJamaica may, in its sole discretion, release, cancel, or otherwise dispose of or utilize Your domain name as it sees fit, with no obligation to You (the customer) whatsoever.
The registration of your domain name is subject to the terms and conditions of ICANN
http://www.icann.org/en/resources/registrars/transfers
and is also subject to the terms of the Uniform Domain Name Dispute Resolution Policy ("UDRP").
http://www.icann.org/en/help/dndr/udrp
Transfer request of domain can be limited to certain circumstances, as follows:
* Evidence of fraud
* Uniform Domain-Name Dispute Resolution Policy (UDRP) action
* Court order
* Reasonable dispute over the identity of the person authorizing the transfer
* Domain name is on hold due to payment owed for a previous registration period
* Express written objection from the domain name holder
* Domain name is in 'Lock' status (Registrars must provide a readily accessible and reasonable means for name holders to remove the lock status. Contact your registrar for assistance.)
* Domain name is within 60 days of initial registration
* Domain name is within 60 days of a previous transfer
7. b Domain Registration and Hosting Plan
Once a domain has been registered, it must be added to a paid hosting environment with HBJamaica for domain managment services or to have use of the domain. If a free domain registration comes with a website plan, the customer will not be able to move the domain until it has been paid for. The free domain is given when the website is only hosted with HBJamaica.com. It cannot be transferred until it has been paid for by the customer. The customer that registers a domain has ownership of the domain, but it cannot be transferred until it has been paid for. FREE domains cannot be transferred until it has been paid for at market value. Domains under our Hosted Version CMS WEBSITES does not come with DNS management. It does come with ID protection and email services within the hosting plan chosen and prepaid.
8. Copyrights and Trademarks.
The client represents to HB Jamaica and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to HB Jamaica for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend HB Jamaica and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
9. Laws Affecting Electronic Commerce.
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend HB Jamaica and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce. Client agrees not to send any Spam email.
10. Late Fees and Penalties.
In order for HB Jamaica to remain in business, payments must be made promptly. Delinquent bills will be assessed a $1,500 charge if payment is not received within 10 days of the due date. HB Jamaica reserves the right to remove web pages from viewing on the Internet until final payment (including late charges) is made. If an amount remains delinquent 30 days after its due date, an additional fee of $3,000 will be assessed and 15% penalty will be added for each month of delinquency and the website will be "turned off from public viewing with a Splash Page stating that the web site is undergoing routine maintenance. Any statement from the client that payment will not be made in the future, then HB Jamaica reserves the right to "turn off " the web site at any given time past the actual due date. If an amount remains delinquent 60 days after its due date, all files will be removed from the server and no duplication rights or usage will be granted. In case collection proves necessary, the client agrees to pay all fees incurred by that process. Please pay on time. Please note that hosting fee calculation will begin upon the launching of the framework to the client’s domain name. If customer website is "turned off" due to delinquent unpaid balances, then HBJamaica has the right to utilize the website for showcase puposes and all data, text, images will become the property of HBJamaica unless arrangements are made for the customer to re-enter a new hosting agreement with HBJamaica.com. In addition, if a client does not renew their domain prior to its expiration, and HBJamaica decides to renew the domain at their cost, then the domain will become property of HBJamaica.com. This ownership of the domain can be reverted back to the client, if the client pays all outstanding balance and re-enters into another YEARLY hosting plan with HBJamaica.com.
11. Ownership of Website.
11.a Content Management Systems.
11.a1.1 Hosted Version CMS WEBSITES. (Any Website Designed By HB Jamaica with Content Management Panels) Customers contracted to HB Jamaica Hosted Version Ecommerce and Website Plans, may purchase the rights and branding of the website if desiring to transfer to an external Host at any time or if they desire ownership of the site, at an additional cost seperate from the design services set up cost. Upon paying for ownership of your website (contract price, all past due amounts and fees, etc), one copy of the website will be given to you within 7 business days by email zipped (at the client's request only). Product will be considered received when website codes are emailed to the client after payment is made for the ownership rights. Additional request will result in a charge. The client account must be in good standing and current with all their payments due to HBJamaica (contract price, all past due amounts and fees, etc) before the website files/codes are given to the client. A seperate payment is required for ownership and the description of the payment will state "ownership rights". Anthing other than this will NOT result in ownership of the website.
11.a1.2 CMS Hosting
By purchasing HBCMS website design services with our Hosting Service, you agree not to overuse our Server Resources. You should understand that you are on a Shared Environment & all resources are equally distributed among Customers. As Our Aim is to provide Quality Shared Hosting to Every User, there are some processor/ram usage on HBCMS Shared Hosting. If your website starts overusage or emails uses for spam work, we will suspend the account temporarily & inform the Customer to upgrade his/her Hosting as required. After acknowledgement of the customer, Services will be resumed. You may not use resource-intensive programs which negatively impact other customers or the performances of HB Jamaica Servers. HB Jamaica reserves the right to terminate or limit such activities any time.
11.a1.3 Other Policies
Spamming, Phishing, Virus or any stuff related to Hacking or non-leagal activies are not tolerated in our Servers. The account found involved or containing such materials will be Suspended immediately without Notice.
11.a1.4 Failure to Pay
HB Jamaica may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Your Invoice will be generated 30 days before next due date and you have 3 days to pay your unpaid bill. If suscriber unable to pay the bill then on 3rd day, we will temporarily suspend their Hosting and after one month we will delete all their accounts and data.
11.a2.1 External Hosted CMS WEBSITES
Clients choosing to have their Website design and host externally will attrack external hosted prices. All websites design by HB Jamaica is branded by HB Jamaica, branding removal is available for external hosted plans at a one time cost of US$250.00. Upon paying for ownership of your website (contract price, all past due amounts and fees, etc), one copy of the website will be given to you within 7 business days by email zipped (at the client's request only) at no additional cost. Product will be considered received when website is loaded to the domain name instructed and authorized by client. Additional request will result in a charge. The client account must be in good standing and current with all their payments due to HBJamaica (contract price, all past due amounts and fees, etc) before the website files/codes are given to the client or loaded to their external hosting platform.
11.a3.1 HOSTED VERSION NON-CMS WEBSITES
Non-CMS websites (html) design by HB Jamaica must have a minimum of consecutive 2 years hosting on our Hosting Server prior to receiving their website zipped and emailed for free. This term affect only orders placed before January 1, 2009. After two years of hosting, only HTML website pages will be given to client and NOT any administrative panels, cpanel nor editing software within the cpanel such as the html editor. Only one copy will be given to the client upon written request from the client. Additional copies will incur a cost. Client has full ownership of domain name and website once their account is in good standing.
12. SEVERABILITY.
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision.
13. NON-ENFORCEMENT DOES NOT CONSTITUTE WAIVER.
Failure of HB Jamaica at any time to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this Agreement shall be valid unless made in writing and signed by duly authorized representative of HB Jamaica.
14. NOTICES.
HB Jamaica may provide notice to you via e-mail sent to the e-mail address provided by you upon registration or as subsequently provided by you to HB Jamaica. Such notice is deemed effective whether you receive it or not and shall be deemed written notice for the purposes of this Agreement.
You MUST provide any and ALL notices to HB Jamaica in the following way: By e-mail to ONLY legal@hbjamaica.com
Such notice, statement or other document so delivered to HB Jamaica, except as this Agreement expressly provides otherwise, shall be conclusively deemed to have been given when first personally emailed, on the date of delivery or on the first date of receipt, AND only after HBJamaica notifies you by email that it has been received. Notice by e-mail to HB Jamaica shall be deemed ineffective, null and void unless you receive a response from HBJamaica via email that we have received your notification with an assigned case number. Notice by e-mail to HB Jamaica shall be deemed ineffective, null and void unless it has been sent to ONLY legal@hbjamaica.com. Any such e-mail notice to HB Jamaica shall be deemed effective as of the date on which HB Jamaica replies via email that we have received the email from you, and have assigned to you a case number.
You agree and warrant that the contact information you have provided to HB Jamaica is complete and accurate, and you further agree to notify HB Jamaica within fifteen days of a change to any such contact information. Contact information includes your full legal name, e-mail address, and mailing address and the name, mailing address, telephone number, facsimile number, and e-mail address of the technical and administrative contacts for your domain, if any.
15. STATUTE OF LIMITATIONS.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
16. YOUR ADDITIONAL OBLIGATIONS AND WARRANTIES.
16a. You agree and warrant that Your Data shall be solely for business, entertainment and/or educational purposes and that you shall assume the sole responsibility and duty to ensure that all such data, visual materials, advertising and other matter shall be transmitted exclusively to willing adults and only to places in which such materials comply with contemporary community standards.
16b. You agree and warrant that Your Data shall not violate any Laws concerning obscenity and shall not contain or link to any pornography, or depictions of bestiality, rape, sexual assault, violence, torture or disfigurement, or other content deemed objectionable by HB Jamaica, in its sole discretion.
16c. You agree that if, in HB Jamaica's sole and exclusive judgment, HB Jamaica concludes that Your Web Site displays, contains or links to any harmful matter or indecent materials or communications which are available to, or accessible by, minors, or displays or contains any material that consists of child pornography or which could otherwise result in harm to minors; then HB Jamaica may, without prior notice to you and in HB Jamaica's sole and exclusive discretion, either remove and erase the material from Your Web Site, and/or disable public access to the material on Your Web Site, and/or cease hosting Your Web Site, without any liability of any kind to HB Jamaica from either you or any third party.
16d. You agree that in the event that HB Jamaica is informed by any party that your domain name or any material on Your Web Site infringes the copyright of any party, or violates the right of publicity or privacy of any party, or consists of any other claim or violation of intellectual property rights of any kind, then HB Jamaica may, without prior notice to you and in HB Jamaica's sole and exclusive discretion, either remove the material from Your Web Site, and/or disable public access to your domain name or the material on Your Web Site, and/or terminate this Agreement, without any liability of any kind to HB Jamaica from either you or any third party. In addition, you waive any and all claims you may have, now and forever, against HB Jamaica relating to any action taken in response to the claim that you have infringed the intellectual property rights of a third party, and agree to indemnify and hold harmless HB Jamaica from and against any such claims.
16e. You affirmatively represent, agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in Jamaica and throughout the world, to reproduce and disseminate, via the Internet, Your Data or Content which you otherwise promote, advertise, disseminate and/or distribute to anyone by your direct or indirect use of the HB Jamaica Services or HB Jamaica's Equipment, prior to and at all times during the time such materials are promoted, advertised, disseminated or distributed through any direct or indirect use of the HB Jamaica Services or HB Jamaica's Equipment.
16f. You agree and warrant that Your Data shall not constitute or contain or link to material which is libelous, slanderous, defamatory, or which will violate or infringe upon or will otherwise give rise to any adverse claim with respect to any common law or other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights. You agree not to collect the personally identifiable data of any person without that person's consent, records of which shall be maintained throughout the term of this Agreement and for three years afterward. If you collect this data through Your Web Site you shall do so only pursuant to a posted privacy policy disclosing any and all uses of such identifiable data and in compliance with applicable law.
16g. You agree and warrant that Your Data shall not contain or link to any material which is harmful, violent, threatening, abusive or hateful.
16h. You agree and warrant that Your Data and any and all material(s) of every kind which you transmit using HB Jamaica's Services or Equipment shall at all times be free from any and all damaging software defects, including, but not limited to, software "viruses", "worms", "Trojan Horses," and other source code anomalies, which may cause software or hardware disruption or failure, reduced computer operating speed, or compromise any security system. You agree that you will not attempt to access the HB Jamaica Equipment or Web Site or another customer's Web Site without authorization, or use the HB Jamaica Services to it carry out, or assist in the carrying out of, any "denial of service" attacks on any other website or internet service.
16i. You agree and warrant that you shall not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of "spamming," "phishing," or "mail bombing," and HB Jamaica reserves the right to block mail from any source which HB Jamaica believes, in its sole discretion, is being used to send such unsolicited e-mail, including but not limited to open mail relays.
16j. You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of the HB Jamaica Services or HB Jamaica's Equipment.
16k. You shall at all times use Web Site Space exclusively as a conventional Web Site. You shall not use the Web Site Space or Your Services in any way which may result in an excessive load on the HB Jamaica Equipment, including but not limited to installing or running web proxies, using your allotted space as online backup or storage, or mirroring mass downloads. Use of Web Site Space and Your Services shall be in a manner consistent with this Agreement and shall not in any way impair the functioning or operation of HB Jamaica's Equipment or network. Should your use of the HB Jamaica Services result in an overly high load on the HB Jamaica Equipment, in HB Jamaica's sole discretion, HB Jamaicamay suspend your account until the cause of any such overload is determined and resolved.
16l. You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of the HB Jamaica Services and that no taxing authorities shall have any claim against HB Jamaica or any persons affiliated therewith for the payment of such taxes.
16m. You agree not to use your IMAP account for the storage of files other than in the course of normal e-mail usage.
17. Sole Agreement.
The agreement contained in this "Web Site Design Agreement" constitutes the sole agreement between HB Jamaica, its subcontractors, and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for one month after anticipated completion after all parties sign this contract and contract is paid in full. Continued services after that time will require a new agreement.
This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of HBJamaica.com or you has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement, and HBJamaica.com and you hereby acknowledge and agree that neither HBJamaica.com nor you have executed this Agreement in reliance upon any such representation or promise. See Refund Policy below.
17a. MODIFICATION.
This Agreement may be materially altered by HB Jamaica by posting the new version of the Agreement at www.hbjamaica.com and if posted in this manner, shall be effective immediately upon posting such notice. In the event that HB Jamaica does materially change the terms of this Agreement, you accept and shall be bound by such changed terms unless you opt to terminate the Agreement within thirty days of the posting of notice of such change.
You may not modify this Agreement, in whole or in part, and any such modification or attempt to modify shall not be enforceable unless reduced to writing and signed by a duly authorized representative of HB Jamaica. No additional or conflicting term in any other document used by you will have any legal effect.
17b. Refund Policy.
If the client halts work and applies by registered letter for a refund within 30 days of signing this contract or by making a payment to HB Jamaica.com [which is confirmation of agreement to our terms of agreement to HB Jamaica, Phone (800) 979-0265], then, work completed shall be billed at the hourly rate stated above (J$2,500 per hour), and deducted from the refundable portion of the payment. The balance of which shall be returned to the client, if any. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of the initial 50% deposit will be refunded unless HB Jamaica has not begun working on the site. No portion of any payments for website design services will be refunded unless written application is made within 30 days of signing this contract. Written request made after the first 30 days will NOT result in any refunds.
No Refund on hosting fees collected. No refund on Domain Registration Fee. No refund on website design service deposit collected or hosting fee prepaid or collected due to delays by acts of God, such as hurricane, flood or bad weather, or any other delays known or unknown to HBJamaica including delays due to reasons beyond our control. If the acts of God causes interruption in internet or power service, no refund will be given due to such delays, for any ordered service for which as deposit or payment has been received by HBJamaica either online or within the approved authorized payment centers or local banks.
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