New Zealand
This Agreement is entered into as of the date of this form submission and initial payment, by and between Pamlico Group, LLC (“Host”), and the company as completed in the form above (“User”), with its principal domain as listed in the form above.
1.1. “Host” refers to Pamlico Group, LLC, the provider of hosting services.
1.2. “User” refers to the individual or entity utilizing the hosting services provided by the Host.
1.3. “Services” refer to the website hosting, maintenance, and associated services provided by the Host to the User.
2.1. Hosting Services: Host agrees to provide web hosting services for the User’s website. Hosting services are limited to the website and do not include email hosting. User must ensure email is handled through a reputable third-party provider such as Google or Microsoft.
2.2. Uptime: Host will use reasonable efforts to ensure 99.99% uptime, excluding scheduled maintenance or circumstances beyond the Host’s control.
2.3. Data Backup: Host will perform regular backups; however, the User is encouraged to maintain independent backups. The Host is not liable for data loss.
2.4. Website Management & Updates: Host can perform updates to website plugins and the website’s core platform as needed. This is billed separately as outlined in Section 4.
3.1. Term: This Agreement begins on the Effective Date and will remain in effect for 1 month. It may be renewed monthly by payment of the applicable hosting fee.
3.2. Termination for Cause: Either party may terminate this Agreement with 14 days’ written notice if the other party breaches a material term and fails to cure the breach within that period.
4.1. Fees: User agrees to pay $175.00 monthly for hosting services. Website plugin updates and maintenance will be billed at $225.00 per hour.
4.2. Payment Terms: Payment is due upon receipt of invoice. Hosting services will not commence until payment is made in full. Renewal invoices must be paid within 5 business days of issuance. Nonpayment within 14 business days may result in immediate termination of hosting services.
4.3. Fee Changes: Host reserves the right to adjust fees annually with prior written notice to User.
5.1. Content: User is solely responsible for the content on their website and represents that they have the necessary rights and licenses for all content uploaded to the Host’s servers.
5.2. Prohibited Activities: User agrees not to use the hosting services for illegal activities, the distribution of malicious or harmful software, pornography, or to infringe upon third-party rights.
5.3. Compliance: User must comply with all applicable laws and regulations, including those concerning data protection and accessibility (examples include but are not limited to: GDPR, CCPA, ADA compliance).
6.1. Warranty: Host will provide services in a professional manner.
6.2. Disclaimer: Host makes no guarantee of uninterrupted or error-free service and disclaims all implied warranties, including merchantability and fitness for a particular purpose.
7.1. Exclusion of Damages: Host shall not be liable for indirect, incidental, or consequential damages.
7.2. Maximum Liability: Host’s total liability will not exceed the total amount paid by the User in the 1 month preceding the claim.
8.1. User agrees to indemnify and hold harmless the Host from any claims arising from the User’s website content or activities.
9.1. Entire Agreement: This document represents the full agreement between the parties.
9.2. Governing Law: This Agreement is governed by the laws of the State of Connecticut, USA.
9.3. Amendments: Changes must be made in writing and signed by both parties.
9.4. Severability: If any part of this Agreement is deemed invalid, the rest remains enforceable.
By selecting the “I agree to the website hosting agreement.” box, the USER and the HOST agree to the terms of this agreement.