Hostpal Terms of Service (GSA)

 

Hostpal ™ General Terms of Service
Services Policies and legal notifications are subject to change without any prior notification. Current or prospective customers will be notified of any such changes via our customer user interface prior to any such changes or amendments made. All terms below are to be read carefully prior to any transactions with Hostpal ™. All terms below are relevant to all customers with no exceptions.

 

Indemnification Hostpal aims to provide an error free and professional service. Although Hostpal uses best coding practices and aims to provide a professional service we cannot be held responsible for code errors, third party software failures or browser compatibilities beyond our control. Customer agrees to indemnify and hold harmless Hostpal™ / Partners Hostpal, affiliates, and each of their respective officers, directors, partners , datacenters , agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or our terms or services as indicated by Customer or any person using Customer's data ,Intellectual property , information, template and graphics, licenses , contraventions or the illegal use of copyrighted information regardless of whether such person has been authorized to use the services by Customer. Fees Fees payable for projects that have commenced are non-refundable and subject to reasonable penalties should a customer decide to cancel any projects that have already been edited, designed or started to cover costs already incurred by Hostpal cc.

 

Disclaimer of Warranties
CUSTOMER AGREES TO USE ALL Hostpal™ / Partners Hostpal SERVICES AND ANY INFORMATION OBTAINED THROUGH OR FROM Hostpal™ / Partners Hostpal AT CUSTOMER’S OWN RISK. Hostpal cc / Partners Hostpal DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Hostpal™ / Partners Hostpal DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

 

Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Hostpal ™ / Partners Hostpal AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

 

Termination The Agreement may be terminated without cause by either party, by giving the other party prior written notice within the first 5 days of acceptance of a website / graphic design / editing or coding project pursuant to provisions of CPA. The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Hostpal™ / Partners fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by Hostpal™ / Partners Hostpal prior to the expiration of the Initial Term or any Renewal Term without liability as follows: Without notice if Customer is overdue on the payment of any amount due under the Agreement; if Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within ten (10) days of a written notice from Hostpal™ / Partners Hostpal describing the violation in reasonable detail; Without notice if Customer's service is used in violation of a material term of the AUP more than once, or Upon one (1) days’ notice if Customer violates ANY Terms of Services as indicated.

  1. General Service Agreement (GSA)
  2. Service Level Agreement (SLA)
  3. Acceptable Use Policy (AUP)
  4. South African Terms of Service
  5. International Domains Terms of Service
  6. Hostpal Studios™ Design and works Terms of Service

Scalability. Control. Performance with less impact on the enviroment

Cloud Hosting Simplified. From using only SSD drives in our SAN, it reduces power and cooling needs to be a green and environmentally friendly service.