Hosting Services Terms of Service
Introduction
This document outlines the terms of service (“Terms”) between Giant, a Washington corporation (“Hosting Company”), and any individual or entity (“Client”) who uses Giant’s web hosting services. By using the services, Client agrees to be bound by these Terms.
Service Description and Monthly Fees
The Hosting Company provides web hosting services to Clients. The Hosting Company does not guarantee the proper functioning of any software on the Client’s website. If issues arise with the software, the Hosting Company will notify Client and provide an estimate for fixing the issue before proceeding with any work. The Client agrees to pay the Hosting Company a monthly fee as agreed upon signing up for the services. The monthly fee covers the hosting services provided by the Hosting Company but does not cover any additional work performed on the Client’s website.
Payment Terms
Client agrees to pay all fees on a monthly basis on the due date as agreed upon when signing up for the services. If Client fails to make a payment when due, the Hosting Company may suspend the hosting services until payment is received. In the event that Client’s account is overdue for more than 30 days, the Hosting Company reserves the right to terminate the hosting services and delete all data on Client’s account.
Billing
The Hosting Company charges $150 per hour for work performed on Client’s website, including but not limited to fixing software issues. The Hosting Company will provide an estimate prior to work being complete, and a detailed invoice for all work performed.
Client may cancel their hosting services at any time by providing written notice to the Hosting Company at least 30 days prior to the desired cancellation date. The Hosting Company will discontinue the hosting services on the date specified in the written notice. No refunds will be given for any portion of the monthly fee.
Disclaimer of Warranty
THE HOSTING COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE HOSTING COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability
THE HOSTING COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Modifications to Terms
The Hosting Company reserves the right to modify these Terms at any time. Any such modifications will be effective immediately upon posting on the Hosting Company’s website. The Client agrees to review the Terms periodically to be aware of any modifications.
Governing Law
These Terms will be governed by and construed in accordance with the laws of the Washington and the federal laws of the United States applicable therein, without giving effect to any principles of conflicts of law.
Entire Agreement
These Terms constitute the entire agreement between the Client and the Hosting Company and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms.
Contact Information
If you have any questions regarding these Terms, please contact Giant, at create@giant.is.
