By placing an order either in writing, email or verbally with Thirtypointfour Design Services, you confirm that you are in agreement with and bound by the terms and conditions below.
These terms and conditions apply to all services provided by Thirtypointfour Design Services. For the most part they should not have any effect on the way you use our services, the conditions outlined in this document are not intended to be more restrictive than most other commercial website & graphic design services available in the Australian Market.
They are provided to protect both ourselves, you and other clients using our services from having your level of service being down graded by the actions of others.
The term “Thirtypointfour” or “TPF Design” or “us” or “we” refers to Thirtypointfour Design Services.
The term “you” or “User” or “client” refers to you the client, or any company or persons that engage the services of Thirtypointfour Design Services.
Pricing
We are registered for GST and as such GST will be added to all our fee’s and charges.
All our quotations are valid for 30 Days. Thirtypointfour Design Services reserves the right to re-quote projects where acceptance of our quote exceeds 30 days.
The fee’s and charges laid out in our quotations are valid for the scheduled length of the project. Any additional requirements above and beyond that quoted will be invoiced separately at the current rates applicable.
If a project is subject to delay by the client we reserve the right to re-quote elements to take in to consideration price rises or cost of production.
We reserve the right to make changes to our standard fee’s and charges at any time without notification.
Project Timelines
Thirtypointfour Design Services will undertake to deliver all products within a realistic timeframe. The User must acknowledge that in the “development” of a creative project the scope of works can increase/change or develop and as such the time taken can exceed the initial estimates. Thirtypointfour Design Services will do its utmost to inform the client of any changes in timeline but accepts no liability for costs incurred due to the late delivery of projects.
If a project is delayed by the User due to unforeseen circumstances, Thirtypointfour Design Services reserves the right to re-schedule the project into the studio at a time that suits the current studio work-flow. We will however try to accommodate all deadlines where possible. We do however accept no liability for costs incurred by the re-scheduling of the project.
If a project is placed on hold for more than 6 months, full payment of costs to date will be invoiced.
Projects on hold for longer than 6 months may incur additional costs due to change in pricing structure or software updates required on project.
Projects on hold for longer than a year will be archived and removed from our testing server.
Re-instatement of archived projects is subject to re quotation.
Copyright
All material produced by Thirtypointfour Design Services is subject to copyright and remain the property of Thirtypointfour Design Services.
The copyright of works created directly for the sole usage of that client/User will only be released to that client once the full contract has been completed and all invoices have been honored in full.
Print Production
Proofing of Artwork
It is the responsibility of the client to fully proof all final artwork prior to giving authority to print.
We accept no liability for any errors contained within printed material.
All costs incurred due to re-printing will be passed onto the client.
By giving approval to print the User takes full responsibility for any errors found in the printed material
Printing Errors
Please notify Thirtypointfour Design Services immediately if your printed material contains any print production errors. We will be required to submit a sample as soon as possible to our printers to ascertain the extent of the error.
Thirtypointfour Design Services accepts no liability for delays caused by the re-printing of printed material due to errors in production.
Delivery
Please notify Thirtypointfour Design Services immediately of any faulty or damaged goods as a result of delivery
Thirtypointfour Design Services chooses its suppliers very carefully and as such your printed material should arrive in perfect condition. If for any reason your printed material arrives damaged please notify Thirtypointfour Design Services within 72 hours of receipt. Failure to notify Thirtypointfour Design Services within this period may seriously damage our ability to make claims on your behalf with our suppliers and may result in the full cost of printing being due.
Any costs incurred to thirtypointfour in the delivery of artwork or printed material will be charged to the client. Thirtypointfour Design Services accepts no liability for costs incurred by late delivery of printed material.
Web Services
The Services We Provide
In exchange for the fees you pay in advance or services provided to you as part of a sponsorship or probono agreement, we as a hosting reseller will host your website on one or more servers, so long as you abide by the terms and conditions that are set out in this document, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process.
For clarity, on this page, the term “services” refers to the web hosting, graphic & website design, printing, verbal consultancy or any other service that we will provide to you paid or otherwise.
Support Hours
All accounts come with Australian phone and email support.
Our phone support service is available from 9am to 5.30pm Monday to Friday (AEST).
We make our best effort to respond to all calls as soon as possible.
Permission to Host Your Content
For us to host your website, it is necessary for you/us to upload your content to our servers. When you/us do this uploading, you/we are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet.
You are solely responsible for providing all of the content and other data that make up your website.
Personal Information
When you place an order for our services, your personal information, including your email, telephone and billing address is stored on our secure website management consul. We do not store or record credit card details for any clients.
We take your privacy very seriously, and as such, will not sell your personal information to any third party, and will take all reasonable commercial steps to keep it from being disclosed to any third party.
By proceeding to use our service you consent that we may process the personal data (including sensitive personal data) that we collect from you in accordance with our Privacy Policy. In particular, we may use information we hold about you for the purposes of [internal review, to improve the content of our website, to customize the content and/or layout of our web page for each individual visitor].
When the Services Will be Available
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them.
Sometimes, however, for a number of reasons, the services may be unavailable to you.
You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences.
Thirtypointfour Design Services shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site.
Please see section Disclaimer of Warranties & Limitation of liability for further information.
Note: We have not promised to provide you with uninterrupted service.
Accessing our server from overseas
Thirtypointfour Design Services accepts no liability for interruptions or inability to access your website or emails whilst traveling abroad.
For security reasons we block a number of countries from accessing secure areas of your hosting account including email and wordpress admin areas.
Please contact our support team to receive our IP whitelisting tool prior to travelling overseas.
We highly recommend utilising Google Apps for email if you spend large amounts of time abroad.
We can migrate your existing email account to Google as part of a paid addon service.
Note – Our servers are designed for Australian based customers and as such we reserve the right to maintain the highest level of security possible for customers accessing the site within Australia.
Backups
We will make every attempt to retain nightly & weekly backups. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on a periodic basis.
The User is solely responsible for making back-up copies of the User Web site and User Content.
Thirtypointfour Design Services does not maintain backup copies of User Web sites or e-mails stored on any of our servers. Thirtypointfour Design Services cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a back-up of a Web site will always be available.
Users should always copy all content (including emails) of a Web site to a local computer and Thirtypointfour Design Services strongly suggest that Users make an additional copy (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of the files. Please contact our studio if your require help setting up this process.
Acceptable Use/Illegal Activity
Thirtypointfour Design Services strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:
Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card “phishing” techniques are also prohibited.
Hosting of files or other data that infringes on another’s copyright or other intellectual property rights.
Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
Uploading or linking to any content that violates another’s right of publicity or privacy.
Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
Hosting large amounts of data not specifically tied (“linked”) to your hosting account. Thirtypointfour Design Services encourages users looking for file storage/backup solutions to seek other services that specialize in this.
Product Warranty
Thirtypointfour Design Services makes every effort to provide clients with a quality product.
All products are quality checked prior to launching ( being made publicly available on the internet ).
It is however the sole responsibility of the User to fully check every element of their website prior to launch and on a regular basis once launched. Failure to notify Thirtypointfour Design Services of errors within 7 days of launch may result in the loss of any bug fixing warranty applied to you account.
It is the sole responsibility of the User to notify Thirtypointfour Design Services of any issues on their website as soon as possible. Thirtypointfour Design Services will do its utmost to help the User to resolve those issues as soon as studio resources are available.
We provide no warranty on any Open Source programs used in the creation of your sites.
Thirtypointfour Design Services accepts no liability for errors within website that may directly or indirectly effect the Users business or third parties associated to your business.
Third Party Servers
Thirtypointfour Design Services does not provide adhoc support for client websites hosted on third party servers unless part of an ongoing support contract.
Thirtypointfour Design Services offers no product warranty where websites are hosted or moved to third party servers.
All costs associated with trouble shooting issues on third party servers are billed at $120 AUD per hour.
Email and Web Services Migration
Thirtypointfour Design Services does not offer migration services to third party servers other than paid migration to Google Apps.
Unless stated all costs associated with migrating email and web services to a third party (including Google Apps) are billable in full.
API Changes
Thirtypointfour Design Services is not responsible for changes in any thirdparty API’s and as such any works required to update the Users website to comply with changes in those API’s will be charged at the normal studio development rate or as quoted.
Terms of Usage
All services provided by Thirtypointfour Design Services may only be used for lawful purposes.
Thirtypointfour Design Services services, including all related equipment, networks and network devices are provided only for authorized customer use.
The customer agrees to indemnify and hold harmless Thirtypointfour Design Services from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email us as soon as possible with the information required.
Examples of unacceptable material on all servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
Offering video and/or audio streaming or downloads, MP3 Files, Games and shareware is also not permitted on any Thirtypointfour Design Services server.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
Examples of unacceptable material on servers include:
Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
Account Monitoring
Thirtypointfour Design Services systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Thirtypointfour Design Services system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to infringement emails from us within 48 hours may result in the suspension or termination of all of your services.
If in doubt regarding the acceptability of your site or service, please contact us via telephone or email and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice and their account will be terminated with no refund.
Violations will be reported to the appropriate law enforcement agency.
Server Security
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure random password and we strongly advise changing this password on a regular basis. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. All files over 10MB must be linked from files within the same account and also publically available through any domain name attached to your account. Large files (files over 10MB) should not take up more than 40% of the data on your hosting account. Thirtypointfour Design Services reserves the right to update/change any User login to any script, User Website or Program hosted on our server to maintain security. Thirtypointfour Design Services will make every step to notify the client of these changes but reserves the right to make changes at our desecration without prior notification to maintain the integrity or our servers.
It is the Users sole responsibility to update or arrange for the update of any programs installed on the server. Thirtypointfour Design Services has update plans available and to utilise this service please contact us for further details. Failure to keep software up to date can lead to a reduction in the server security and possible compromise of your User account and website. Failure to maintain the security of the server may also result in the suspension of the User account.
Thirtypointfour Design Services accepts no liability for damage, restoration or loss of business due to malicious attacks of any kind. We also reserve the right to charge in full all costs associated in restoring a clients User account and website at the current studio rate.
Third Party Developer & Virtual Assistant Access
It is the sole responsibility of the account user to make sure any works carried out by a third party contractor are done in a safe, secure and professional manner.
If you require a third party developer to do works on your behalf, please contact us for a list of approved local developers.
Any works deemed as contravening our terms and conditions listed on this page will be suspended until those breaches have been resolved.
It is the sole responsibility of the user to notify Thirtypointfour Design Services of any changes to their server account including the installation of new software and the update and removal of software previously installed by Thirtypointfour Design Services.
Where changes have been made without prior permission we reserve the right to suspend that account without prior written notice. In such instance all guarantees, warranties and technical support is suspended for that account. Thirtypointfour Design Services accepts no liability for loss of business due to the suspension of a users account.
Thirtypointfour Design Services accepts no liability for any breaches in security where a non approved third party contractor has been used to design, develop and install media on our server. If a server breach is shown to have originated from actions of the third party, the restoration of all accounts effected on the shared environment, will be billed directly to the user.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Please read our generalized mail policy. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, SMS, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Thirtypointfour Design Services reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Thirtypointfour Design Services reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Thirtypointfour Design Services.
Unlimited Bandwidth, Disk Usage, Email and FTP accounts and other Unlimited Resources.
Thirtypointfour Design Services provides Users with bandwidth, disk space and other resources, such as e-mail, mysql databases, and/or file-transfer-protocol (“FTP”) accounts, the amount of which is defined in Thirtypointfour Design Services’s web pages describing the package of Services purchased at the time of purchase. In some cases, Thirtypointfour Design Services may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as “Unlimited”. In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Thirtypointfour Design Services reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User’s plan. User agrees that such usage shall not exceed the amounts set by Thirtypointfour Design Services for the Services purchased (the “Agreed Usage”) and is additionally subject to normal usage guidelines established by Thirtypointfour Design Services as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User’s active electronic mail services related solely to User’s web hosting account(s) with Thirtypointfour Design Services.
Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Thirtypointfour Design Services will monitor User’s use of bandwidth, disk usage and other resources. Thirtypointfour Design Services, in its sole discretion, shall have the right to take any corrective action if User’s utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, resource usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User’s Web site, User Content, User’s electronic mail and e-mail services and/or other materials and services or termination the User’s account and of this Agreement, which actions may be taken in Thirtypointfour Design Services’s sole and absolute discretion.
Unlimited Domains
Unlimited domains refers to subdomains, parked domains and add-on domains. In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Thirtypointfour Design Services reserves the right to suspend, discontinue or delete the accounts of Users whose use of unlimited subdomains, parked domains and add-on domains results in or presents the risk of degradation of service to other customers, regardless of the amount of domains included in the User’s plan. User agrees that such usage shall not exceed the amounts set by Thirtypointfour Design Services for the Services purchased (the “Agreed Usage”) and is additionally subject to normal usage guidelines established by Thirtypointfour Design Services as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User’s active electronic mail services related solely to User’s web hosting account(s) with Thirtypointfour Design Services.
If Thirtypointfour Design Services takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User’s Web site, User Content and/or User’s electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If Thirtypointfour Design Services learns or discovers that User is violating any law related to User’s Web site, User Content and/or User’s electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, Thirtypointfour Design Services may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User’s Web site, User Content and/or User’s electronic mail.
User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement. Thirtypointfour Design Services will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but Thirtypointfour Design Services does not take responsibility if e-mail notification(s) is not received by the User. Thirtypointfour Design Services reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment.
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server’s CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
Joining Thirtypointfour Design Services
When you sign up, your Thirtypointfour Design Services account will be enabled with auto renewal, which means that when your renewal date arrives, your hosting plan and domain names will be renewed. When it is time for renewal, you will be notified 14 days in advance. If you wish to cancel any of your services please notify us in writing within 14days.
If you fail to cancel 14 days prior to renewal, your account will be renewed for a new term.
If more than 30 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means that your data, files and website will become in-active and cannot be accessed.
If in the following 30 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately. You must have an active method of payment upon you account for your autorenewal at all times, failure to do so can result in you account being suspended or cancelled automatically.
If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, Thirtypointfour Design Services shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 60 days behind in making payments, your data will be deleted. You hereby acknowledge that this is Thirtypointfour Design Services’s policy when it comes to data retention, and waive all rights in and to your data in these situations.
Invoices for renewals will be issued and charged up to 7 days in advance to ensure the we receive cleared funds for the continued hosting service and domain renewal.
Refund Policy
Please read “When the services will be available” above.
All of our hosting plans are prepaid for the time duration that you sign up for, If you terminate your website or host space prior to expiry of your contracted hosting term you will not be entitled to a refund for remaining time.
At the discretion of Thirtypointfour Design Services, we may offer a 48 hour “cooling off period” on new accounts for new clients where we will cancel the new installation if it is cancelled within 48 hours of the initial order. Applications for a refund must be made in writing (email is fine) to mark [at] thirtypointfour.com.au.
Termination of hosting services
The client may terminate their hosting account at any time by providing thirty (30) days written notice.
Thirtypointfour Design Services does not provide migration of email and website services to another party.
Any costs incurred liaising with a third party in the migration of email and web services will be billed to the client.
Please see refund policy above for further information.
These Terms of Service May Change
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made. We therefore advise that Users re-read our terms and conditions regularly to be fully aware of our terms of service.
Our Terms of Service is available online and is linked to on all invoices and contracts, and quotations.
Indemnification
If Thirtypointfour Design Services is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if Thirtypointfour Design Services is found liable or pays to settle the dispute. In legal terms, this is called “indemnification.” Not only do you agree to reimburse Thirtypointfour Design Services for what it pays to satisfy a judgment or settle a case, you also agree to pay Thirtypointfour Design Services’s reasonable legal fees and all other costs Thirtypointfour Design Services incurs in defending itself.
Disclaimer of Warranties
Thirtypointfour Design Services EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Thirtypointfour Design Services MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Thirtypointfour Design Services DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
The following section, in short states that should if something goes wrong, Thirtypointfour Design Services cannot be held liable for it.
IN NO EVENT SHALL Thirtypointfour Design Services BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Thirtypointfour Design Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of Thirtypointfour Design Services due to your enrolment in the affiliate program,
When These Terms Take Effect
This agreement becomes effective once you submit your order with us or open an account with us for web hosting services of any kind (dedicated, vps, shared, etc.). If you are an existing customer, and you do not agree with the terms herein, please let us know as soon as possible. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to call us for clarification.