AGREEMENT: This Service Contact is made by The Client, upon the first payment for services to Micro Concepts of Chesterfield and between the payee of services (hereinafter referred to as the “The Client”) and Micro Concepts of Chesterfield (hereinafter referred to as MCWS with its Mailing address at P.O. Box 1769, Midlothian, VA 23113-1769. Who wishes to use the services of MCWS in accordance with MCWS’s Web Hosting Options.
WHEREAS: MCWS has been commissioned and hired by The Client to provide Web hosting for the Client’s existing or soon to be existing Website site at a pre-determined Domain Name and billing structure and will obide by this Service Contract.
A: SERVICE DESCRIPTION: As a World Wide Web service provider, MCWS provides dedicated servers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. The Client wishes to connect to the World Wide Web utilizing the hardware and software resources of MCWS to establish an Internet web presence on one of MCWS’s server computers.
B: CONDITIONS: The application and this Agreement constitute a binding contract between MCWS and the Client and does not extend to any other person or entity. Client may resell to third parties but is responsible for third party activities and content, and is bound by the terms under this Agreement. Cancellations after the application is received and web space is set-up will still hold the Client responsible for costs incurred by MCWS concerning the set-up of the web space.
C: WARRANTIES: With respect to the service to be provided herein, the Client acknowledges that MCWS makes absolutely no warranties whatsoever, express or implied. As a result, the Client agrees that MCWS shall not be liable to the Client for any claims or damages which may be suffered by the Client, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
D: INFORMATION: The utilization of any data or information received by the Client from the utilization of the service to be provided by MCWS is at the Client’s sole and absolute risk. MCWS specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
E: DOMAIN NAME: If MCWS shall acquire an Internet Domain Name on behalf of the Client, then in such case the Client hereby waives any and all claims which it may have against MCWS, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by MCWS for any reason. MCWS will also transfer the registar of the Domain Name to the preferred registar of MCWS. MCWS will register the domain name under the our legal name and make the yearly payments. The yearly fees will then be passed on to the Client for payment. MCWS will insure the yearly registration fees do not exceed the standard set by Network Solutions. In most cases, the fee will be less. It is the responsibility of the client to notify MCWS at least three months prior to your renewal if you wish NOT to have your domain name renewed. We normally renew domain names in batches to keep costs down and this could take place up to two months prior to your expiration date.
F: PAYMENT: The set-up fee and first payment are due at the time the application is filled out, and returned to MCWS. Subsequent payments are due according to the selected fee schedule following the establishment of the web space on the Internet. Web space will be billed a monthly or other agreed timeframe in advance depending on the selected fee schedule. Subsequent payments are due on the 1st day of each month as per the selected fee schedule. In the event that the Client fails to pay for such services in advance, MCWS shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made. MCWS will also have the right to sell the Domain Name for collection of unpaid fees, attorney fees, collection fees, and administration fees. Any return-check fees, credit card chargeback fees, or other fees charged to MCWS directly related to an action of the client or their finical institution will be billed back to the Client. Since MCWS prefers all accounts to be automatically billed month to month using a credit card, any accounts manually billed and paid in advance for service are not recoverable upon cancellation of services. Any outstanding balances can be applied to other domains that are owned by the client and hosted by MCWS for the client.
G: UNILATERAL SERVICE REVOCATION: In the event that MCWS may at any time believe that the service is being utilized for unlawful purposes by the Client or in contravention with the terms and provisions herewith, to but not limited to unsolicited email, hacking, and pornography. MCWS may immediately discontinue such service to the Client without liability. MCWS will also turnover to law agencies any and all records dealing with illegal use.
H: INDEMNIFICATION: The Client shall indemnify and hold harmless MCWS from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against MCWS on the grounds that the web space content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.
I: CHANGES IN TERMS OF AGREEMENT: MCWS reserves the right to make changes to the terms and conditions of this Agreement upon thirty (30) days notice to the Client, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Client has prepaid. Utilization of the service by the Client following the effective date of such change shall constitute acceptance by the Client of such change(s).
J: ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
K: ISP CHARGES: The Client understands and realizes that this contract does not provide ISP (Internet Service Provider) services. Micro Concepts does provide local and national ISP access at an additional fee. These services are not covered under these Terms of Services on this page.
L: SPAMMING, MISUSE & ABUSES: MCWS Does Not Host Adult Oriented Sites and Does Not Allow Sending of Unsolicited Email or SPAMMING. MCWS Shall monitor, log and track all emails, for checking against spamming, or misuse of our servers. the Client shall not use any of MCWS’s Servers or systems to send any illegal information or files over the Internet ( such as, but limited to; worms, virus, spam, illegal images, or files that could be used as a attack or harm against any other system). MCWS reserves the right to cancel your service with NO refunds should any of the above occur. Usage for bandwidth are set at time of service with the client. Micro Concepts does not support large sites that require large bandwidth. We are a small business that supports small businesses. Bandwidth will be monitored and if it becomes a problem, we will help identify possible ways to reduce the usage or request you pay additional hosting fees by upgrading your service.
M: UNDERSTANDING OF CONTRACT AND TERMS: The Client understands and agrees with these terms that are listed. The Client, by hiring MCWS and going into this agreement, acknowledges that he/she has read this contract and will be bound to the terms of it. The Client acknowledges that MCWS has the right to make this contract, and to terminate it if the terms hereasabove are broken by the Client. MCWS will not give refunds or exchanges for any terminated or canceled contracts. If the contract is terminated for any reason, the Client shall be billed for work not yet paid for, that was done by MCWS. The Client will also be required to pay a three (3) month cancellation fee. Upon payment of all outstanding invoices, including any administration fees, MCWS will release the Domain Name to the Client. The Client will be responsible for creating their own account and requesting the transfer from the new registar. Any return-check fees, credit card chargeback fees, or other fees charged to MCWS directly related to an action of the client or their finical institution will be billed back to the Client. Billing and hosting services will continue until written notice is provided MCWS by the Client that hosting is no longer requested. There will be NO REFUNDS in funds if the client no longer needs hosting services. Since MCWS prefers all accounts to be automatically billed month to month using a credit card, any accounts manually billed and paid in advance for service are not recoverable upon cancellation of services. Any outstanding balances can be applied to other domains that are owned by the client if hosted by MCWS for the client. If the Client wishes to cancel hosting services and billing to their account, a support ticket must be created at least 3 months prior the date the client wishes servers terminated. All requests for cancellation must be acknowledged by Micro Concepts of Chesterfield, if an acknowledgement is not received it is your responsibility to contact again until it is acknowledged. If you are unable to contact us using the form or a support ticket, please send an email to sales@mcws.net.
N: GOVERNING LAW: This agreement shall be binding upon the heirs and assigns of the parties and shall be governed by and interpreted according to the laws of the State of Virginia. Any legal action brought with regard to this contract shall be brought only in Chesterfield County, in the State or Federal Court of appropriate jurisdiction within the State of Virginia.
O: HEADINGS: Headings used in the agreement are for convenience only and shall not be used to interpret or construe its provisions.
P: NOTICES: All notices or other documents under this agreement shall be in writing and delivered personally or fax received, or mailed by certified mail, postage prepaid, addressed to MCWS and the Client at their last known addresses, or emailed to the client and/or posted on the MCWS web site. Any extras that are added on by the Client, will be billed by either an hourly or page rate. All additions must be approved before, by the Client and submitted to MCWS in writing and delivered personally or fax received, or mailed by certified mail, postage prepaid, addressed to MCWS.
Q: IN WITNESS WHEREOF: The parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.
MCWS Additional Billing and Payment Terms
A: Introduction to Paying: Introduction to Paying: MCWS like all other businesses that like to stay in business, needs to be paid from it’s Client’s promptly and in full. Otherwise MCWS will go out of business. MCWS does not practice giving away it’s work or services for free. Even though The owners of MCWS understand that nobody likes to pay for anything, we must charge our Client’s for our services. At MCWS we try to make it as easy and painless as possibly for our Client’s to pay us. By providing reasonable fees, payment plans and payment incentives to our all of our Client’s.
B: Payment and Billing Terms: All orders and maintenance contracts must be accompanied by at least 50% of the overall order when submitted. All extra maintenance and additions that are billed at an hourly rate shall be billed to the Client at the end of each month. All invoices must be paid within fifteen days(15) of invoice date. All maintenance fees must be paid at least fifteen days(15) before termination of the maintenance contract. All delinquent accounts will be assessed a $25 charge if payment is not received within 15 days of the invoice date. If an account remains delinquent 15 days after its invoice date, an additional 10% penalty will be added for each month of the delinquency. MCWS reserves the right to remove or make unattainable any webpage or Website or portion of the work, of a delinquent account until full payment is received. (A setup and installation fee of $15.00 would apply for returning the Client’s Website. Final payment of the balance shall be made within 15 days of submission of the final invoice date (If no other conditions apply, such as payment plans or long term contracts) as hereinabove set forth and MCWS shall be entitled to reasonable legal fees in the event the services of an attorney or collection agency are necessary for collection. Checks, Money Orders, and Credit Card payments made out to MCWS. he Client will pay all appropriate taxes that would apply State and Federal included. All maintenance plans of six (6) months or less must be paid within thirty (30) days of hiring MCWS. All maintenance plans of seven (7) months or more can have a payment plan worked out for either a quarterly or half year payment schedule. Any return-check fees, credit card chargeback fees, or other fees charged to MCWS directly related to an action of the client or their finical institution will be billed back to the Client.
If you have any questions concerning our Service Contract please open a Support Ticket on our Help Desk.