1. Introduction
2. Terms
3. Hosting and Email
4. Availability of Service
5. Payment
6. Termination
7. Indemnification
8. Limitation of Liability
9. Contract Revisions
11. Notices
12. Lawful Purpose
13. Headings
14. Entire Agreement
15. Commentary and Questions
Onestopwebworks with its affiliates and subsidiaries provide website hosting services area under discussion to the terms and conditions define in these terms and conditions, privacy policy and any other related terms and conditions, policies and notices which may be appropriate to supply of hosting services.
The subsequent agreement involving Onestopwebworks (hosting company) and you (Client) acknowledge that Onestopwebworks guarantees 99% uptime web hosting at our servers and moreover acknowledge that the Internet is neither owned nor controlled by any other entity; therefore, Onstopwebworks can make no guarantee that any other party shall be able to access the server made available by Onestopwebworks at any given time. Onestopwebworks represents that it shall make every good faith effort to ensure that the server is available as widely as possible and with as little interruption as possible.
WE (“Website” or “Website Owner” or “we” or “us” or “our”) – www.onestopwebworks.com or any party acting on the Website Owner’s implied instructions.
YOU ("you", "your", "Customer", “Client”) comprise the individual purchasing the services or any party acting on the customer’s instructions.
SERVER is the computer server equipment run by us in relation with the stipulation of the Services.
WEB SITE is the part on the Server allotted by us to you intended to be use by you as a site on the Internet
In consideration of the mutual promises contained herein, the parties agree as follows;
3.1 We make no warranties or representation of any kind, whether expressed or implied for the precision or quality of information we are providing. Also, we will not be responsible for any damages stated below that may be suffered by you;
3.1.1 Loss of data resulting from delays
3.1.2 Non-deliverables or service interruptions by any cause of errors
3.1.3 Omission of the information by you.
3.2 You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
Use of any information obtained by way of Onestopwebworks is at your own risk, and Onestopwebworks specifically denies any responsibility for the accuracy or quality of information obtained through its services.
3.3 You represent, undertake and warrant to us that you will use Onestopwebworks Server service for lawful intentions only. This includes, but not limited to the purposes listed below:
3.3.1 You will not use the Server in any method which violate any law or regulation or which violate the rights of any third party, nor will you authorize or permit any other person to do so.
3.3.2 You will not post, link to or transmit:
4.1 Onestopwebworks represents that it shall make every good faith effort to ensure that the server is available as widely as possible and with as little service interruption as possible. However, we shall not, in any event, be liable for interruptions of Services or down-time of the server.
4.2 We have the right to suspend the Services without any given time and reason or without prior notice. If such suspension last for about seven (7) or more days, you will be notified for the reason.
4.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
5.1 All charges payable by you for the Services shall be due and payable in accordance with the Services you purchased from our website. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
5.2 The first payment, if any, shall be due in advance of any service provided. Service shall begin upon Onestopwebworks receipt of payment for such first Term of service or any other date that both parties to this contract shall agree upon. If you choose to pay by credit card or debit card you auhorized www.onestopwebworks.com to debit your account renewal fees from your card.
5.5 In the case of a web site hosted on a Onestopwebworks hosting server, failure to remit payment to us by the invoice due date is cause for removal of your web site files from our hosting server. You agree that Onestopwebworks shall not be held liable for such removal or disconnection.
5.6 Once an account has a suspended status, Access to files, databases and other content is explicitly denied. All files, databases and other content including the account itself are permanently deleted after ten days of account suspension.
5.7 Should access to files, databases and other content be required before they are deleted, account reactivation will be required.
6.1 We may suspend the Services if you fail to pay any amount due to us as they fall due and/or terminate the Agreement without prior notice.
6.2 We may suspend the Services and/or terminate the Agreement without notice if you break any of these terms and conditions.
6.3 Without notice, we are entitled to suspend the Services and/or terminate the Agreement if you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary deal with your creditors.
6.4 In accordance with 6.1, 6.2 and 6.3, no refunds shall be made for suspension of Services offered.
6.5 At any time, we have the right to suspend the Services and/or terminate the Agreement.
6.6 At any time, you may cancel the Services.
6.7 Should you decide to cancel the Services, you may be entitled to a complete refund of all fees paid with the exclusion of data transfer fees and dedicated server, as detailed under our Money Back Guarantee Policy. If you previously had an account with www.onestopwebworks.com, a refund will not be entitled to you on this basis. At the sole discretion of www.onestopwebworks.com, if the account has utilized excessive resources, it may be necessary to with hold refund under the Money Back Guarantee Policy.
6.8 If payment has been made through credit or debit card, refund, if any, will only be issued to the same credit or debit card.
6.9 We shall be entitled immediately to block your Web Site and remove all data located on it if there is a termination of the Agreement or suspension of the Services.
Notice of cancellation
Written notice of cancellation may be by postal mail, email or fax transmission.
7.1 You agree that you shall defend, indemnify, save and hold Onestopwebworks harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees asserted against Onestopwebworks, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, its agents, employees or assigns. You agree to defend, indemnify and hold Onestopwebworks harmless against Liabilities arising out of any of the following:
8.1 You expressly agree that use of the Server offered by Onestopwebworks is at your sole risk. Neither Onestopwebworks, its employees, affiliates, agents, merchants licensers or the like, warrant that the Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Onestopwebworks Server service and agreement.
8.2 Under no circumstances, including negligence, shall Onestopwebworks, its offices, agents or anyone else involved in creating, producing or distributing Onestopwebworks Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Onestopwebworks Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Onestopwebworks records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Onestopwebwroks Server service.
8.3 Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement.
9.1 www.onestopwebworks.com reserves the right to alter or change these Terms and Conditions, and any other policies, agreements and notices at any time and manner. Notice with regards to these changes will be posted in agreement with our Terms and Conditions.
10.1 Any notice that shall be given by either party to the other may be sent through either by fax, email or recorded delivery to the address of the other party as appearing in this Agreement or other address or application forms as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to received on the day it was sent or if sent by recorded delivery shall be deemed to be served two days following the posting date, or if sent by fax shall be deemed to be served on receipt of an error free transmission report.
11.1 The Agreement will be construed and governed by in accordance with English law therefore you hereby submit to the non-exclusive jurisdiction of the English courts.
12.1 Headings shall not affect the construction or interpretation of this Agreement since headings are included in this Agreement for convenience purposes only.
13.1 The terms and conditions stated herewith together with any documents expressly referred to in them, shall contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, undertakings or proposals, written or oral, arrangements: between us in relation to such matters. Oral explanation or oral information shall not be given by any party shall alter the interpretation of these terms and conditions. In agreeing to the terms and conditions, you have not relied on any representation other than those expressly stated in the terms and conditions and you agree that you will have no remedy in respect of any misrepresentation that may occur which has not been made expressly in this Agreement.
14.1 For inquiries, questions, comments or concerns on how we handle your personal information or any clarifications regarding the website’s terms and conditions, privacy policy and other notices please contact us.