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Onyx Graphics Web Hosting Terms & Contract
Web Hosting Terms
AGREEMENT:,
THIS AGREEMENT is made and entered into between Onyx Graphics, (hereinafter referred
to as Onyx with its Mailing address at P.O. Box 555, Belleville, New Jersey, 07109), and you,
the Customer ("Customer", "You" or "The Client"), who wishes to use the services of ONYX
GRAPHICS in accordance with ONYX GRAPHICS's Web Hosting Options in accordance with this Agreement,
to include Onyx's application/order form, and its various policies, which are located on the World
Wide Web at
http://www.onyxgraphics.com
its various subdirectories and domains. You and Onyx are collectively referred to in this
Agreement as the "parties."
WHEREAS: Onyx has been commissioned and hired by The Client to provide Web hosting for the
Client's existing or soon to be existing Website site at on the Onyx Graphics Web Servers.
(Go here to check for your Domain Name.)
1. Related Web Hosting issues and standard terms
- A: SERVICE DESCRIPTION:
As a World Wide Web service provider, Onyx 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. The Client wishes to connect to the World Wide Web
utilizing the hardware and software resources of Onyx to establish an Internet web presence
on one of Onyx's server computers.
- B: CONDITIONS:
The application and this Agreement constitute a binding contract between Onyx and the Client
and does not extend to any other person or entity. Client may resell to third parties but
is responsible for third party activities and content, and is bound by the terms under
this Agreement. Cancellations after the application is received and web space is set-up will
still hold the Client responsible for costs incurred by Onyx concerning the set-up of the
web space.
- C: WARRANTIES:
With respect to the service to be provided herein, the Client acknowledges that Onyx makes
absolutely no warranties whatsoever, express or implied. As a result, the Client agrees
that Onyx shall not be liable to the Client for any claims or damages which may be suffered
by the Client, including, but not limited to, losses or damages resulting from the loss of
data as the result of delays, non-deliveries, or service interruptions.
- D: INFORMATION:
The utilization of any data or information received by the Client from the utilization of
the service to be provided by Onyx is at the Client's sole and absolute risk. Onyx
specifically disclaims and denies any responsibility for the completeness, accuracy or
quality of information obtained through the services to be provided hereby.
- E: DOMAIN NAME:
If Onyx shall acquire an Internet Domain Name on behalf of the Client, then in such case the
Client hereby waives any and all claims which it may have against Onyx, for any loss, damage,
claim or expense arising out of or in relation to the registration of such Domain Name 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 Onyx for any reason. The Client can obtain a domain name at
http://OnyxWebNames.Com.
- F: PAYMENT:
The set-up fee and first payment are due at the time the application is filled out,
and returned to Onyx. 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 at a
minimum of three (3) months in advance depending on the selected fee schedule. Subsequent
payments are due on the 1st day of each month as per the selected fee schedule. In the event
that the Client fails to pay for such services in advance, Onyx shall be entitled to;
- Unilaterally terminate this Agreement and discontinue the service until payment is made.
- Late fees, if the Client website is not terminated
- Additional setup fees, if the Client website is terminated and then brought back on line
- Additional fees and charges may apply for suspended or terminated account
- G: UNILATERAL SERVICE REVOCATION:
In the event that Onyx may at any time believe that the service is being utilized for
unlawful purposes by the Client or in contravention with the terms and provisions herewith,
to but not limited to unsolicited email, hacking, and pornography. Onyx may immediately
discontinue such service to the Client without liability.
- H: INDEMNIFICATION:
The Client shall indemnify and hold harmless Onyx from 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 Onyx on the grounds that the web space content violates any
copyright, proprietary right of any person, state and federal regulations, or contains
any matter that is libelous or scandalous.
- I: CHANGES IN TERMS OF AGREEMENT:
Onyx reserves the right to make changes to the terms and conditions of this Agreement upon
thirty (30) days notice to the Client, advising of the change and the effective date
thereof, but with changes in service fees being effective only at the end of any period
for which the Client has prepaid. Utilization of the service by the Client following
the effective date of such change shall constitute acceptance by the Client of such
change(s).
- J: 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.
- K: ISP CHARGES:
The Client understands and realizes that this contract does not provide ISP (Internet
Service Provider) services. That the Client must obtain their own Internet connection.
That the charges for a ISP is not included in the prices listed here.
- L: SPAMING, MISUSE & ABUSES:
Onyx Graphics Does Not Host Adult Oriented Sites and Does Not Allow Sending of Unsolicited
Email or SPAMMING. Onyx Shall monitor, log and track all emails, for checking against
spamming, or misuse of our servers. the Client shall not use any of Onyx's Servers or
systems to send any illegal information or files over the Internet ( such as, but limited
to; worms, virus, spams, illegal images, or files that could be used as a attack or harm
against any other system). Onyx Graphics reserves the right to cancel your service with
NO refunds should any of the above occur. Go here for complete information on our;
SPAM,
PRIVICY, and
COPYRIGHTS policies.
- M: UNDERSTANDING OF CONTRACT AND TERMS:
The Client understands and agrees with these terms that are listed. The Client, by hiring
Onyx and going into this agreement, acknowledges that he/she has read this contract and
will be bound to the terms of it. The Client acknowledges that Onyx has the right to make
this contract, and to terminate it if the terms here as above are broken by the Client.
Onyx will not give refunds or exchanges for any terminated or canceled contracts. If the
contract is terminated for any reason, the Client shall be billed for work not yet paid for,
that was done by Onyx.
- N: GOVERNING LAW:
This agreement shall be binding upon the heirs and assigns of the parties and shall be
governed by and interpreted according to the laws of the State of New Jersey. Any legal
action brought with regard to this contract shall be brought only in Essex County, in
the State or Federal Court of appropriate jurisdiction within the State of New Jersey.
- O: HEADINGS:
Headings used in the agreement are for convenience only and shall not be used to interpret
or construe its provisions.
- P: NOTICES:
All notices or other documents under this agreement shall be in writing and delivered
personally or fax received, or mailed by certified mail, postage prepaid, addressed to
Onyx and the Client at their last known addresses. Any extras that are added on by the
Client, will be billed by either an hourly or page rate. All additions must be approved
before, by the Client and submitted to Onyx in writing and delivered personally or fax
received, or mailed by certified mail, postage prepaid, addressed to Onyx.
- Q: 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
herein named as a party hereto.
1. Related Web Hosting issues and standard terms
- a: Introduction to Paying:
Introduction to Paying: Onyx like all other businesses that like to stay in business, needs
to be paid from it’s Client's promptly and in full. Otherwise Onyx will go out of business.
Onyx does not practice giving away it’s work or services for free. Even though The owners of
Onyx understand that nobody likes to pay for anything, we must charge our Client's for our
services. At Onyx Graphics we try to make it as easy and painless as possibly for our Client's
to pay us. By providing reasonable fees, payment plans and payment incentives to our all of
our Client's.
- b: Payment and Billing Terms:
All orders and maintenance contracts must be accompanied by at least 50% of the overall order
when submitted. All extra maintenance and additions that are billed at an hourly rate shall be
billed to the Client at the end of each month. All invoices must be paid within thirty days(30)
of invoice date. All maintenance fees must be paid at least thirty days(30) before termination
of the maintenance contract. All delinquent accounts will be assessed a $25 charge if payment
is not received within 30 days of the invoice date. If an account remains delinquent 31 days
after its invoice date, an additional 5% penalty will be added for each month of the delinquency.
Onyx reserves the right to remove or make unattainable any web server webpage or Website or
portion of the work, of a delinquent account until full payment is received. (A setup and
installation fee of $100.00 would apply for returning the Client's Website) Final payment of
the balance shall be made within 30 days of submission of the final invoice date (If no other
conditions apply, such as payment plans or long term contracts) as herein above set forth and
Onyx shall be entitled to reasonable legal fees in the event the services of an attorney or
collection agency are necessary for collection. Checks, Money Orders, and Wire Transfers must
be made out to Onyx Graphics. Bank account and routing information available upon request.
The Client will pay all appropriate taxes that would apply State and Federal included. All
maintenance plans of six(6) months or less must be paid within thirty (30) days of hiring
Onyx. All maintenance plans of seven (7) months or more can have a payment plan worked out
for either a quarterly or half year payment schedule.
For more information about our web Hosting Terms and Contracts either Email us at:
Sales@OnyxGraphics.Com.
or visit our Web Hosting Page.
We hope you'll decide to use Onyx Graphics as your WebSite Developer, Web Host,
Web Consultants or for your Web Maintenance. We'll help you in planning, we'll
save you money as you set up your organization or business on the Web, and we'll
work with you over the next few months to keep you updated and, hopefully,
prosperous. We look forward to working with you. Let us help you to create an
award winning web site. If you have any questions or would like to know more
about us, please go to our Contact Page or send an email to:
sales@onyxgraphics.com.
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