Terms of Service Agreement
For customers utilizing website hosting, website development, or other services provided by Camden Agency, Inc.
Following are terms of services for website hosting, domain registration, and website development services provided by Camden Agency, Inc. The customer shall provide billing address and any other information necessary for Camden Agency, Inc. to maintain website hosting and registration services. Any information not provided at sign-up will be requested by Camden Agency, Inc. and provided by the customer. Signature on our order form, or submission of an online order for service, indicates agreement to these terms of service.
1. Website Hosting Payment Terms: Billing for website hosting service will commence when the website hosting service is created, prior to development of a new website project. Website hosting services are invoiced yearly. Payment is due by the 15th of the renewal month. Termination of Website Hosting Services with Camden Agency, Inc. requires a 7-day advance notification via phone, e-mail or postal mail. If a customer chooses to activate their domain name through Camden Agency, Inc., their domain name registration will expire with their hosting service. Camden Agency, Inc. reserves the right to change the rates by notifying customers 7 days in advance of the effective date of the change. Camden Agency, Inc. reserves the right to cancel hosting service at any time.
2. Website Hosting Pre-Payment Terms: Camden Agency, Inc. may offer a discount for paying an entire year of hosting service up front. Absolutely no refunds.
3. Website Development Payment Terms:Camden Agency, Inc. requires a minimum of 50% down payment on all website development and design services. Down payment on website development is non-refundable, and down payment amount may be modified at the discretion of Camden Agency, Inc. The final balance is due 7 days from completion of website development project. If Camden Agency, Inc. is developing a website that is not also hosted by Camden Agency, Inc. , final payment for the project must be received prior to project launch or relinquishing ownership to customer. Should a development project span more than 60 days, customer will receive progress billing in the amount of at least 25% of the remaining balance each month, beginning on day 60 of development. Ongoing website maintenance and updates are billed on the 1st calendar day of the following month.
4. General Payment Terms: Payment is due 7 days after the date of an invoice for all services. Accounts are in default if payment is not received 30 days after the invoice date. If customer pays by check that does not clear, the customer is immediately in default and subject to a returned check charge of $35. Accounts unpaid 45 days after date of invoice will be subject to service interruption. Such interruption does not relieve you from the obligation to pay the monthly charge. Accounts in default are subject to an interest charge of $1.00 or 1.5% per month on the outstanding balance, whichever is greater. If your state law does not allow an interest rate of 1.5% per month, the maximum allowable rate for your state will be charged. If you default, you agree to pay Camden Agency, Inc. its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
5. Content Responsibilities: The customer is responsible for all content posted or stored on their web hosting space. Camden Agency, Inc. exercises no control over the content or information contained on the servers used for hosting. Camden Agency, Inc. will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. Camden Agency, Inc. is not responsible for backing up data or recovering data in case of loss on the customer’s behalf. There are no warranties expressed or implied for the services the Camden Agency, Inc. provides or the software used by the customer.
6. Service Interruptions: Camden Agency, Inc. is not responsible for interruptions of service beyond its control. This includes interruptions by its suppliers and natural disasters.
7. Account Credentials: The customer agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a customer believes that his user ID or password has been compromised, the customer agrees to contact Camden Agency, Inc. immediately via e-mail or telephone.
8. Governing Laws: Camden Agency, Inc. Web Design’s corporate office is located in Miami, FL. This agreement will be performed in and governed by the laws of the State of Florida. Any claims or legal action arising out of this Service Agreement must be instituted within one year after the claim or cause has arisen. Camden Agency, Inc. reserves the right to discontinue service for violation of any of the conditions of this service agreement.
All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.
9. Third Party Networks: Any access to other networks connected to Camden Agency, Inc.’s network must comply with the rules appropriate for that other network.
10. Disk Storage and Bandwidth: Camden Agency, Inc. will monitor the customer’s current disk storage and bandwidth. If usage exceeds the amount registered for, Camden Agency, Inc. will contact the customer in an attempt to make an arrangement for additional resources. If customer does not respond, or is unable to be reached, Camden Agency, Inc. shall have the right to take corrective actions for exceeding resources. Such actions may include assessing additional charges, increasing service plan, temporarily discontinuing services, or terminating the current agreement. If the customer feels that more disk storage is required, it is the customer’s responsibility to contact Camden Agency, Inc. (email@example.com or 561-900-6240) to discuss options for increased disk storage.
Camden Agency, Inc. prohibits website hosting customers from participating in pirating unlicensed software, pirating mp3 files, listing hacker programs or archives, hosting Warez websites, pornography. The customer agrees to indemnify and hold Camden Agency, Inc. harmless from any claims resulting from his/her use of Camden Agency, Inc. services that damage the customer or another party. Use of Camden Agency, Inc. web hosting and e-mail Services to send Unsolicited Commercial E-mail (UCE or “SPAM”) is strictly prohibited and may be cause for immediate account termination. The customer agrees to pay Camden Agency, Inc. any reasonable expenses, including attorney and system administration fees, incurred in responding to complaints and damages caused by the action of sending Unsolicited Commercial E-mail.
12. Adherence to Proposal: It is the responsibility of the customer to review in full all proposals for website development, website design, and other services provided by Camden Agency, Inc. . Should services or resources fall above the scope of the original proposal, Camden Agency, Inc. reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall above the scope of the original project is due prior to development or net 7 days, at Camden Agency, Inc. discretion.
13. Project Timeline: It is the responsibility of the customer to review the project timeline and adhere to the dates for deliverables on their part. Failure to meet deadlines imposed by Camden Agency, Inc. will result in delay of project, or risk putting the project on hold. Camden Agency, Inc. may invoice customer for additional resources should the delay of a project interrupt the workflow of Camden Agency, Inc. Indefinite delay of a project may result in project termination, and a new development agreement must be reached prior to restarting the project. Down payments for services are non-refundable, and will not be returned to customer should a project be delayed or terminated as a result of the customer failing to adhere to project timeline.
14. Administrative Access: To prevent malware installation on our servers, full administrative access to a WordPress installation on Camden Agency, Inc. hosting services will not be granted to customers. Customers may request access to specific features of a website, and access may be granted at the discretion of Camden Agency, Inc.
15. Website Go Live and Training: A project is considered complete when full development scope has been reached, and project is approved by the customer. Should customer request changes beyond what was agreed to in the original proposal, Camden Agency, Inc. may complete these changes at additional cost. Once a project is considered complete, customer has one business week to launch the website, or provide Camden Agency, Inc. with credentials necessary to bring the website live. Failure to launch a website within one week of completion of the project may delay go live date, and may incur additional expenses at the discretion of Camden Agency, Inc. Once a project is complete, all changes requested will fall under the standard Camden Agency, Inc. website maintenance schedule. Account access to website and written or verbal training, as agreed to in the initial proposal, will be granted only after final payment for the project is received by Camden Agency, Inc.
17. Termination/Cancellation Policy: Camden Agency, Inc. requires a 7-day notice prior to canceling a website hosting account. For Business Website Solutions, where the cost of development is broken down into monthly payments rather than an upfront development charge, a one year minimum contract is required. If service is cancelled early, the final balance on remaining months of service is due. Two years of consecutive service must be paid for in order to be eligible for a free website design upgrade. Upon cancellation, you will be sent a bill with your final balance (up to 30 days after notification) after your cancel request. At the time of cancellation, all website files, email accounts, and e-mails will be deleted from our server; you are responsible for requesting a backup of these files should you need them for future use.
18. Violation Network Security
Client is prohibited from violating or attempting to violate the security of the network. Violations of system or network security may result in civil or criminal liability in addition to immediate termination of Client’s agreement. Host will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Clients who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for the Client or logging into or attempting to login to a server or account that the Client is not authorized to access.
- Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any Client, host or network, including, without limitation, via means of overloading, “flooding,” “mail bombing,” or “crashing”.
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which the Client is not entitled.
18. Termination without cause
- Host may terminate this Agreement at any time, for any reason, by providing written or e-mail notice of termination to Client’s primary website e-mail contact address no less than 7 days prior to the service termination.