This page represents the agreement and understanding between Website.com.bn and the Client in regards to our web maintenance services. In event that the physical terms of agreement document has not been signed by the Client and the Client received services from Website.com.bn, acceptance of services shall constitute agreement by Client to these Terms of Agreement.
Website.com.bn reserves the right to change this Agreement from time to time without notice. Client acknowledges and agrees to review this Agreement periodically for modifications. Client’s continued use of the Service after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
1.1. Website.com.bn will make available, during business hours, a phone / email helpdesk facility to enable the Client to contact the company in relation to requests for maintenance services and technical support services. Website.com.bn will use reasonable endeavors to respond to requests for support made through the helpdesk.
1.2. Upon the request of the Client through the helpdesk, Website.com.bn will provide the Maintenance Services to the Client during the Term in relation to the Website in accordance with the services levels specified in the Schedules .
2. Availability of Services
2.1. Client understands and agrees that interruptions of Service may occur. As with all computer technology, Service cannot be guaranteed to be free of interruption. Interruptions may be due to scheduled maintenance and repair by Website.com.bn, or malicious software, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, or other causes. Client agrees that such failure or delay shall not constitute a default under this Agreement, and under no circumstances will Website.com.bn be held liable for any financial or other damages due to such interruptions.
2.2. Website.com.bn reserves the right to refuse service to any requesting changes or uploading web pages and content that is deemed illegal, inappropriate and/or offensive. This include links to any site that contains adult content, nudity, obscene language or that encourages or promotes intolerance or discrimination of or towards people or peoples of any race, color, sex, creed or religion. Nor will Website.com.bn design, promote or attach links to any site that advocates, encourages or practices the exploitation of any group or groups in society, including, and in particular, children, the elderly or the disadvantaged.
3. Client Responsibilities
3.1. The Client will provide to Website.com.bn (i) the ability to access and make changes to the Website; and (ii) all other co-operation, information and documentation reasonably required by Website.com.bn to enable or facilitate the provision of the Services.
3.2. The Client will be responsible for procuring any third party co-operation reasonably required for the provision of the other Services.
3.3. Website.com.bn maintains informational web pages so they serve as a resource to site visitors. The information contained within the web pages shall be authored by the Client and submitted to Website.com.bn in FINAL format. If the information and text submitted is not in final format and contains spelling, grammatical, syntax errors, etc., Website.com.bn may charge the client for additional time needed for the extra process and to correct the errors.
3.4. Client represents to Website.com.bn and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Website.com.bn are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Website.com.bn and its subcontractors from any claim or suit arising from the use of such elements furnished by Client.
3.5. Client guarantees to Website.com.bn and unconditionally guarantees that Client’s website has not been compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services.
4. Relationship of Parties
4.1. Website.com.bn, in rendering performance under this Agreement, shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Client does not undertake by this Agreement, or otherwise, to perform any obligation of Website.com.bn, whether by regulation or contract. In no way is Website.com.bn to be construed as the agent or to be acting as the agent of Client in any respect, any other provisions of this Agreement notwithstanding.
5.1. Unused hours, with exception of Aero plan, do not roll over into the next month, and cannot be pulled from future months. No refunds are issued for unused time. Client can opt to upgrade or downgrade maintenance plan at the end of service term.
5.2. Where the Client does not utilize Maintenance Services and Support Services up to the Support Limit during a calendar month, then the unused Services capacity for Aero plan will be carried over to the next period and will be valid for six (6) months provided the terms of contract remain active.
5.3. Website.com.bn may refuse to provide Maintenance Services and/or Support Services to the Client during a calendar month in excess of the Services Limit.
6. Deadlines & Deliverables
6.1. Website.com.bn will respond to all maintenance requests from Client within six (6) hours on weekdays and twenty-four (24) hours on weekends or public holidays, via email or phone, with a confirmation that the request was received, and an estimated completion date for each action item in the request. Maintenance requests received after 18:00 may not be completed until the next business day unless prior arrangements have been made. Most work will be done within this time frame however, the time frame is mostly precautionary.
6.2. Website.com.bn will adhere to all quoted deadlines for the deliverables in the maintenance requests at all possible costs. In the event that we have any issues in delivering on a quoted deadline, Client will be notified via email or telephone the reasoning for any change.
7. Website Troubleshooting
7.1. Occasionally, specific types of maintenance may create a conflict within a Client website. In the event of a conflict, Website.com.bn will aim to troubleshoot and correct the issue to the best of its ability but makes no guarantee to restore the website to its original format. In no event will Website.com.bn be liable to the Client or any third party for any damages, incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website because of a conflict caused by a maintenance upgrade or request.
8. Fees and Payment
8.1. The Client will pay the agreed Maintenance Fees to Website.com.bn as detailed in our Plan Schedule at the agreed intervals. Website.com.bn will invoice the Client and the Client will pay the invoice at the prevailing rate according to the terms of payment detailed on the invoice. Website maintenance services by Website.com.bn carry a minimum one (1) month term.
8.2. Fees must be paid by credit/debit card, bank transfer or by cheque (using such payment details as are notified by Website.com.bn to the Customer from time to time). The fee(s) must be received within seven (7) days to the start of any Maintenance Services.
8.3. Deliverables which are not covered by the Schedule may be deemed Out Of Scope by Website.com.bn. Under these circumstances a price estimate will be provided to inform the Client of the additional costs and timescales involved. Additional services will be provided for at a standard fee of B$6.50 per hour.
8.4. Website.com.bn may vary the Monthly Fees and/or Additional Fees by giving to the Client at least thirty (30) days’ notice of variation.
8.5. In the event of non-payment by the Client, Website.com.bn reserves the right to discontinue Services.
9.1. Unless the parties have signed a separate agreement containing more specific provisions in relation to confidentiality (in which case the provisions of such agreement will continue to apply in lieu of this clause), each party will keep any confidential information disclosed by the other secret. Neither party may use or take advantage of any such confidential information without the discloser’s consent, even after the end of this Agreement. This obligation does not apply to (i) information known to the receiver before disclosure by the other party, or (ii) information which becomes public knowledge without fault on the part of the receiver, or (iii) disclosures made to the extent required by some applicable legal or regulatory requirement.
10.1. The website maintenance plans will automatically renew without notice at the updated current rate and subject to the updated current terms unless the Client notifies Website.com.bn in writing fourteen (14) days in advance prior to continuing a new maintenance contract.
11.1. The Services holds no long-term commitment and can be cancelled by Client at any time. If cancelled, unpaid services already rendered will immediately be due. Unused hours will not be refunded after cancellation but can be used up until end of plan month. Client must submit request to cancel the maintenance agreement by email and acknowledges that Website.com.bn will no longer update or maintain Client website past the date of agreement cancellation.
Last Updated: 20 August 2017