Cambio Hosting and Maintenance Terms of Service
The use of services from Cambio , hereafter referred to as "Company", constitutes agreement to these terms. This Hosting and Maintenance Agreement governs Customer’s purchase and use, in any manner, of all Web Site Hosting and Maintenance, ordered by Customer and accepted by Company and describes the terms and conditions that apply to such purchase and use of the Services. Customer AGREES TO BE BOUND BY THE TERMS OF SERVICE CONTAINED HEREIN. Company reserves the right to change or modify any of the terms contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Company may make changes or modifications to referenced policies and guidelines without notice to Customer. Customer’s continued use of the Services following Company's posting of any changes or modifications will constitute Customer’s acceptance of such changes or modifications. View our Privacy Policy .
1. Term.
- Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
- At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing at least 30 days prior to the renewal date. Renewal prices are subject to change. Renewal of services by Customer indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically charged to Customer’s account.
2. Authorization.
Customer is engaging Company for the Hosting and Maintenance of an existing World Wide Web Site. The Customer hereby authorizes Company to access this account, and authorizes the Internet Service Provider to provide Company with "write permission" for the Customer's web page directory, cgi-bin directory, and any other directories or programs, which need to be accessed by Company for this service.
3. Web Site Maintenance and Changes.
Company will provide minor updates to the Web Site. Minor updates should not exceed more than 20% content change of any single page. Maintenance and changes shall not exceed one (1) hour per month, the hourly Maintenance rate will be applied thereafter. No other parties shall have the right to change the Web Site during the maintenance period. If the Customer or an agent other than Company attempts updating the web pages, time to repair web pages will be assessed at the hourly rate, and is not included as part of the updating time.
4. Web Site Hosting
Company will host Web Site and Email Service on a shared third-party server. The use of this service is at Customer’s sole risk. Company’s backup service runs once a week, overwrites any of the previous backups made, and only one week of backups are kept. Company is not responsible for files and/or data residing on Customer’s account. Customer agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored by Company.
5. Bandwidth Usage
Customer is allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package Customer purchases. Should Customer’s account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until Customer upgrades to a higher level of package, terminate the account and/or charge Customer an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
6. Email Service
Customer is allocated a number of email accounts depending on the hosting package purchased. Additional email accounts can be purchased for an additional fee. Each email account is allocated an amount of storage. Additional storage can be purchased for an additional fee. Company will set up email accounts for Customer at Customer’s request. Customer agrees to use a secure password and keep password protected. Company is not responsible for stolen passwords, loss of passwords, or emails. In the event of account cancellation, Company will make all attempts to help with the transfer process but makes no guarantees or warrantees on a successful transfer. Customer agrees that prior emails may be lost and there may be down time associated with the email service transfer and holds Company harmless to any claims regarding the Email Service and transfer.
7. Domain Name.
Any domain name registered on Customer’s behalf will be made in Customer’s name for both the billing and administrative contacts. The technical contact is generally required to be the hosting ISP. Company will not register domain names in Company name. One domain name is included with yearly Hosting and Maintenance. Additional domain names can be purchased for an additional fee.
8. Consultation.
Company will provide up to two (2) hours of consultation in a twelve (12) month period. The hourly Consultation rate will be applied thereafter.
9. Compensation.
- For all of Company’s services under this Agreement, Customer shall compensate Company a Hosting and Maintenance fee. In the event Customer fails to make any of the payments, Company has the right, but is not obligated, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) immediately stop all works-in-progress or remove unpaid for material, (3) bring legal action.
- Customers paying by credit card understands that each purchase will appear in credit card statement under the name of Cambio. Company choses Stripe.com as the Credit Card processor and No credit card details are ever stored at Company’s web servers.
- On account of credit card declination, Company will attempt to charge credit card again for three consecutive times. After third failed attempt, account will be suspended. Customer will have 14 days to restart a suspended account with successful payment. If no payment is received, account will be terminated. Customer agrees that upon account termination, Web Site, Email Service, and Domain Name will no longer be hosted by Company.
10. Scope of Service.
10.1 Company will:
- Edit, revise, update or create new content on existing pages based on Customer request.
- Provide consultation service for any projects that impact the Web Site and/or projects defined in the project specified above.
- Provide disaster recovery from backup and maintain a current file library of all assets, graphics, source code and revision history for Customer's Web Site.
- Offer advice and guidance on Web Site management & marketing.
- Liaise with hardware engineers, hosting customer support, and other affiliate service entities.
10.2 Company will not:
- Create new graphics, content, code, scripts, media, or other additional elements without which are not outlined in Sect. 3 and 4.
- Be responsible for errors and omissions contained in Web Site content.
11. Additional Services.
Any revisions, additions or redesign Customer wishes Company to perform which is not specified in this document shall be considered "additional" and will require separate Agreement and payment. Company shall advise Customer on any requested work that falls within these bounds.
12. Proprietary Information.
Proprietary information exchanged here under shall be treated as such by Customer. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Customer further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Customer or any portion thereof.
13. Censorship.
Company will exercise no control whatsoever over the content of the information passing through the network, email or Web Site.
14. No Responsibility for Loss.
Company is not responsible for any down time, lost files, improper links, email loss, or any other loss that may occur in the operation of the Web Site, Domain Name, and Email Service.
14. Warranties.
Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Customer. Use of any information obtained by way of Company is at Customer's own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
15. Trademarks and Copyrighted Material.
Customer warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service. Customer warrants that everything it gives Company to put on the Web Site is legally owned or licensed to Customer. Customer is responsible for all content on Web Site. From time to time, at Customer’s request, Company may provide content such as forms and third-party links to Customer as a courtesy. Customers may use such information on Web Site at Customer’s own risk and agrees to defend, indemnify, hold harmless Company from any and all claims brought by any third-party relating to such content.
16. Transfer of Agreement.
Customer may not assign or transfer this Agreement, in whole or in part without the prior written consent of Company. In the event that Customer contemplates whole or partial sale of its business, ownership change, or change in jurisdiction, Customer shall notify Company by mail, facsimile or email no less than 60 days prior to the effective date of the event.
17. Cancellation / Termination.
Customer may cancel Hosting and Maintenance at any time with a minimum of 30 day written notice to billing@cambiomed.com. Customer agrees that upon account termination, Web Site, Email, and Domain Name will no longer be hosted by Company. Company will provide Customer with Web Site files if requested by Customer in writing before the termination of the Customer account.
Company may terminate this Agreement at any time with a minimum of 30 day written notice to Customer’s email on record.
18. Arbitration
By using any Company services, Customer agrees to submit to binding arbitration. If any disputes or claims arise against Company or its subsidiaries, such disputes will be handled by an arbitrator of Company’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in Orange County, California. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Customer is also responsible for any and all costs related to such arbitration.
19. Indemnification.
Customer agrees to defend, indemnify and hold Company harmless from any and all claims including claims brought by any third-party relating to any aspect of the Web Site, Domain Name, and Email Service, including, but not limited to Web Site content, handicap accessibility, and HIPAA privacy practices of Customer or Customer’s business associates, any and all demands, liabilities, losses, costs and claims including attorney’s fees arising out of injury caused by Customer’s products/services, material supplied by Customer, copyright infringement, and defective products sold via the Web Site. Further, customer agrees to indemnify Company from responsibility for problems/disruptions caused by third-party services that Customer may use such as merchant accounts, shopping carts, email software, email services, shipping, real time credit card processing and other services that relate to the ownership and operation of the Web Site or multimedia project.
20. Entire Understanding.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of California. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
