WEB AND SOFTWARE DEVELOPMENT TERMS OF SERVICE
The Terms of Service Agreement (“Agreement”) governs the terms of use of the web and software development service (“Service”) described on this website (“http://www.appliedtactics.com”) and (“http://www.atihosting.com”) for use by Customers (“Customer”) offered by Applied Tactics Inc. (“Provider”). The Agreement is made between Customer and Provider whenever Service is requested or ordered by Customer. The Agreement is maintained independently of any other agreement between Provider and Customer, even if Provider and Customer are engaged in other Service Agreements or arrangements. Changes to this agreement can be made by the Provider at any time. Change notices will NOT be sent out to the Customer.
Scope of Work
Initial Development. The scope of work and agreed upon costs for web or software development projects can be accepted over email, in-person, phone, fax, or mail.
Scope of Work Changes. Any scope of work project changes can be accepted over email, phone, fax, or mail. Additional fees may apply. Client may be notifed of these fees by email, in-person, phone, fax, or mail.
Customer Agreement
Cancellation. Customer must understand that once agreed to have Applied Tactics start working on the Customer website, that Customer cannot back out of the agreement. The Customer must follow through until the end of project completion. If for some reason the Customer backs out of the agreement, there will be a cancellation fee of up to $500. Payment of additional billable hours may apply.
Needed Materials. It is the Customer responsibility to provide Applied Tactics with any materials needed for any web and software development project (images, text, sounds and music). If the Customer does not have any content for Applied Tactics to use, and would like Applied Tactics to create them, an additional cost will be discussed. If any modifications or additions are required after the website is created, an additional cost will be discussed, if necessary.
Conduct. Applied Tactics reserves the right to suspend or terminate Applied Tactics Services or Contracts and remove or prevent access to any material from Client’s website at any time, without prior notice or liability, for any conduct that Applied Tactics in its sole discretion, believes is otherwise harmful to Applied Tactics’s interests or the interests of other accountholders. Applied Tactics also reserves the right to comply with the take down provisions of the DMCA and to seek injunctive, declaratory, interpleader or other judicial or equitable relief (and, pending such action, to suspend all access to Client’s website) if any third party claim is made that Client’s website content or use violates any of the Acceptable Use Policy or Client’s obligations or representations described in this Agreement.
Project Acceptance. Applied Tactics reserves the right not to accept certain projects.
Applied Tactics Portfolio. Applied Tactics reserves the right to include in the Applied Tactics portfolio any projects created or developed by Applied Tactics.
Limitation of Liability
Damages. Under no circumstances, including, but not limited to, negligence, shall Applied Tactics be liable for any special or consequential damages that result from any actions implemented by Applied Tactics in the support of the Customer.
Project Delay or Termination. Applied Tactics reserves the right to delay or stop any project development for any reason without liability. Applied Tactics will notify the Customer immediately of any changes of project development status, and make appropriate arrangements. If a stoppage in development is caused by Applied Tactics, the client will be refunded the deposit minus any billable hours.
Web and Software Development Late Fees
There are absolutely no refunds; unless Applied Tactics has stopped or delayed the Customer’s project development if for whatever reason. Applied Tactics will not take the Customer’s website offline (or remove deployed work) in exchange for the Customer’s money back. If payment is not received within a month (or the stated invoice due date), a late fee of $30 will be charged to the Customer per week.
If Applied Tactics pursues reimbursement from the Customer through legal or a 3rd party collection agency, the Customer will be responsible for all of expenses Applied Tactics incurs (to include all expenses that might be incurred in the collection of the debt).
HOSTING AND EMAIL TERMS OF SERVICE
The Terms of Service Agreement (“Agreement”) governs the terms of use of the web hosting service (“Service”) described on this website (“http://www.appliedtactics.com”) and (“http://www.atihosting.com”) for use by Customers (“Customer”) offered by Applied Tactics Inc. (“Provider”). The Agreement is made between Customer and Provider whenever Service is requested or ordered by Customer. The Agreement is maintained independently of any other agreement between Provider and Customer, even if Provider and Customer are engaged in other Service Agreements or arrangements such as professional services, software development, or web development. Changes to this agreement can be made by the Provider at any time. Change notices will NOT be sent out to the Customer.
Definitions
Web Hosting. An Internet web hosting service rendered by Provider that includes the installation, maintenance, repair, and the 24 hour Internet connection of one or more shared or physical computers for use by Customer.
Network Transfer. A finite amount of Provider’s network transfer (bandwidth) capability for use by Customer using the Services requested by Customer.
Technical Support. Technical phone and electronic support is provided only to Customer’s authorized Contacts (“Contacts”) as listed within Customer’s account. Technical Support does not include computer training, software training, or any other general technical or Internet training.
Fees
Setup Fee. Customer agrees to pay in full the amount of any non-recurring non-refundable one-time setup fees listed in the Service description prior to any server provisioning, equipment acquisition or installation by Provider.
Recurring Fee. Customer agrees to pay any recurring fees listed in the Service description one term in advance each anniversary date.
Network Transfer Overage Fee. Should Customer exceed the total amount of combined network transfer as described in the Service description, Customer agrees that overage fees will apply and be due immediately. Current bandwidth are:
Term. This Agreement shall be effective as long as Customer or Customer’s contacts continue to use Provider’s Service. Customer shall pay any applicable federal, state or local use, franchise, excise, sales or privilege taxes, duties, fees or similar liabilities chargeable to or against Provider resulting from the services furnished by Provider.
Acceptable Use. Customer’s use of Provider’s services is further governed by the Provider’s Web Hosting “Acceptable Usage Policy” (“AUP”) which promotes safe computing practices. Provider may at its sole discretion change, update and revise the AUP. Notice of change will be sent to the primary email address contacts in Provider’s Customer database. Notification will not be delivered by phone or US Mail.
Account Ownership
Account Owner. The highest authority of a single specific Account is the Account Owner. Individual Services that are associated with an Account are controlled by the Account and its Account Owner. The Account Owner is established at the time the Account is created. The details of an Account Owner must be that of a real person. It is not permitted to use non-factious or “fake” names for the details of an Account Owner. Accounts containing non-factious or “fake” names, and contact details that do not reflect the details of a real person may be suspended or terminated without notice.
Transfer. The Account Owner role can be transferred only to an existing Contact on an Account and only with the permission of the current Account Owner. If the Account ownership role is transferred to another Contact, the previous Account Owner is no longer privileged beyond the basic privileges of their new role.
Money Back Guarantee
Following is a list of services that qualify for the money back guarantee program: Qualifying Services / Initial Periods
Shared Server 30 Days
Dedicated Server 7 Days
The person issuing the cancellation must be available by telephone to confirm the action.
Money Back Guarantee program does not apply to items or services including but not limited to Setup Fees, Domain Registrations, SSL Certificates, and/or Installation/Setup of Custom Applications.
Accounts cancelled/terminated by Applied Tactics for violation of the Acceptable Usage Policy will not qualify for the money back guarantee.
Example; if your service is cancelled due to a spamming violation, you will not qualify for the money back guarantee refund.
Cancellations can be made over phone and or email.
Please allow 7 days for refunds made by credit card.
Please allow 4-6 weeks for refunds made by check or money order payments.
99.9% Uptime Guarantee
We guarantee that we will replace any failed hardware within one hour. If we take longer you will receive 5% off your monthly bill for every additional hour of downtime (up to 100% off).
Cancellation
Security measures have been put in place to insure the safe cancellation of all customer related services. In the event that a Service or Account needs to be closed, customers may contact Billing by email thirty days (30) prior to the account termination. To ensure that cancellations are legitimate Applied Tactics might require sensitive information such as but not limited to your account username, password, and/or specific billing information.
Prior to cancellation and returning of any client’s equipment, clients account needs to be current and paid in full for all services rendered by Applied Tactics Inc.
Shared Hosting Account Backups. Applied Tactics will make and keep for 1 week backups of individual websites.
Other
Compliance with Law. Customer will use the Services offered by Provider in a manner consistent with all applicable local, state and federal laws and regulations.
Common Carrier. Provider and Customer agree that Provider is solely acting as a common carrier in its capacity of providing services hereunder, is not a publisher of any material or information and has no right to edit or censor the material at the Servers in use by the Customer. Provider is not responsible nor pre-approves any of Customer’s website content. All material submitted by Customer for publication will be considered publicly accessible. Provider does not screen in advance Customer’s material submitted to Provider for publication. Provider’s publication of material submitted by Customer does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.
Availability of service. Customer understands and agrees that interruptions of Web Hosting Services may occur due to scheduled maintenance and repair by Provider, or by strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other causes beyond Provider’s control, as defined by standard practices in the industry. Customer agrees that under no circumstances will Provider be held liable for any financial or other damages due to such interruptions. In no event shall Provider be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Such failure or delay shall not constitute a default under this Agreement.
Limitation/Disclaimer of Liability. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or services its customers may utilize. Applied Tactics is not responsible for data lost due to cancellation of hosting or email services. It is the Customer responsibility to back up all data and email before service is discontinued.
DISCLAIMER OF WARRANTIES. PROVIDER’S SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER’S SERVICE TO CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CUSTOMER TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
Indemnity. (a) Customer agrees to defend, indemnify and hold Provider harmless from and against any and all claims, obligations, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) incurred by Provider arising from or due to claims made by third parties (including customers of Customer) that are related to or arising out of: (a) false advertising claims against Customer (or customers of Customer), (b) liability claims for products or services sold by Customer (or Customer’s customers) any other transactions between Customer and third parties, or (c) any content submitted by Customer for publication by Provider. The preceding sentence excludes any third party claims due to the negligence of Provider in connection with providing products or services to Customer under this Agreement.
(b) Provider agrees to defend, indemnify and hold Customer harmless from and against any and all claims, losses, liabilities and expenses (including reasonable attorneys’ fees and costs ) incurred by Customer arising from or due to claims made by third parties (including customers of Customer) relating to (a) claims alleging Provider’s infringement of the proprietary rights of third parties; or (b) Provider’s contractual relationship with any third party providers of services or products to Provider in connection with the services and products provided under this Agreement. The preceding sentence excludes any third party claims due to the negligence of Customer in connection with the transactions contemplated by this Agreement.
Force Majeure. Provider shall not be liable to Customer or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts , power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.
Liability of Customer. Any mistakes, accidents, omissions, interruptions, delays, errors or defects in transmission or Service which are caused or contributed to, directly or indirectly, by an act or omission of the Customer or by the use of Customer-provided facilities or equipment, or by the use of facilities or equipment furnished by any other person using Customer’s facilities which are connected to Provider’s facilities, shall not result in the imposition of any liability upon Provider and Customer shall pay to Provider any reasonable costs, expenses, damages, fees or penalties incurred by Provider as a result thereof, including costs of local exchange company, labor and materials.
Nondisclosure. Provider and Customer shall use their best efforts to keep the provisions (including price) of the Agreement from the public, competitors, or others who may gain benefit from such knowledge unless required by law to divulge such information to regulatory authorities or unless required in connection with enforcing that party’s rights hereunder.
Governing Law/Venue. This Agreement shall be governed by the laws of the State of Virginia. Venue for any action hereunder shall be in Loudoun County, Virginia.
Relationship of the Parties. The parties intend that an independent contractor relationship will be created by this Agreement, and that no additional partnership, joint venture or employee/employer relationship is intended – unless otherwise specific in a special agreement.
Taxes. If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Provider to Customer under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Provider may pass the direct amount of such cost on to Customer, and Customer shall promptly pay such cost.
Waiver. Any party’s failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
Attorneys’ Fees. If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys’ fees and costs that the prevailing party incurred prior to commencing the proceeding.
Notices. Any notice under this Agreement may be e-mailed, delivered personally or mailed by registered mail to the addresses written below, or to such other places as the parties may designate in writing.
Data Back-up. Customer is responsible for independent backup of data stored on Provider’s servers; unless the Customer’s Web Hosting Service Order includes backup services in which case data backup will be performed under the terms of the specific data backup plan chosen by Customer.
Domain Names. Throughout the course of service rendered to Customer by Provider, Customer will remain the full owner and controlling entity for the Customer’s established domain name. Registration and modification of domain name status, including name server location is handled by independent domain name registrars.