Terms of Service & Use
The person (individual or legal entity) whom purchases our website hosting management service or website management service agrees to the Terms of Service during the set up process or by sending payment for the web hosting management service or website management service. In addition, by purchasing our website hosting management services the Client also agrees to the hosting providers terms of service, and acceptable use policy.
1. Services
Management
Bisstek agrees to manage the website hosting purchased for the use of the client that purchases our website hosting management service so that their website may operate. In addition, if a client purchases the website maintenance plan, Bisstek will agree to perform the monthly maintenance for that website, upon payment.
One time Website Development , Or Design
Bisstek will design and develop a website based on a template or depending on the requirements a semi custom website, or a fully custom website. All custom development, addons, or extra revisions are to be built on an hourly basis. Some tasks such as adding on new pages will be built at a 2 hour minimum charge. Full disclosure of the breakdown of the price should be discussed before any major development begins so both parties are on the same page.
2. Payments
(a) Recurring Fees
Bisstek Inc uses Paypal or Wise for payments. It is your responsibility to manage, and take care of your recurring payments with us. You can cancel at any time.
(b) Payment Terms
When the client agrees to the hosting management services, Bisstek Inc purchases the domain name, shared web hosting space, SSL, plugins, and other things that revolve around the set up of the managed hosting service. For our management services, the initial deposit and the first months payment are non refundable. Nor are none of the other months that you use our management services as we must pay for all of the services we extend to you. However, whether it is the maintenance plan, or the hosting plan, you may cancel at any time. For website design and development, all payment is non refundable and the client pays 50% as a down deposit and then 50% later, unless specified by the terms of the deal or negotiated in writing.
3. Force Majeure
Bisstek shall not be deemed in breach of any obligation under the Agreement if the inability to fulfill said obligation results from circumstances beyond Bisstek’s reasonable control. Such circumstances include, but are not limited to, significant power grid failures, major Internet disruptions, natural disasters, warfare, civil unrest, pandemics, labor strikes, terrorist acts, or other unforeseeable events of a similar nature not typically anticipated in the industry.
4. Limitation of Liability
Neither party shall be held liable to the other for any lost profits or any indirect, special, incidental, consequential, or punitive damages arising in connection with the Agreement, even if such party has been advised or should be aware of the possibility of such damages. We are not to be held liable for any damages, loss of profits, or earnings, from a data breach, security breach, cyber security attack on our systems, or any of the other systems or services we use to serve you.
Notwithstanding any other provision in the Agreement, the maximum aggregate liability of Bisstek and any of its employees, agents, or affiliates, under any legal theory (including breach of contract, tort, strict liability, and infringement) shall not exceed the total amount payable by the Customer for one month of service.
In the event of any lawsuit, arbitration, or legal proceeding arising from the interpretation or enforcement of this Agreement, Bisstek shall be entitled to recover from the other party all costs and expenses, including reasonable attorney’s fees incurred in connection therewith, preparation thereof, and on appeal therefrom. Such amounts shall be included in any judgment rendered therein.
5. Domain Name
when purchasing for our hosting management services, you must give us 3 domain names that you would like to use if you do not already have one. The first domain you give us will be deemed as the one most valued and desirable to use, and the third one will be deemed the least desirable out of the three.
Professional Email Name:
When purchasing our hosting management services you must give us a professional email ending in the domain you would like to use for the email. For example : hello@bisstek.com
Access To Accounts
While managing your email, and web hosting we reserve the right to access them in order to better serve you. Also for our website maintenance plan we will need to have the rights to access your account to make the edits and perform other maintenance tasks.
Data or Security Breach
In the event there is a data breach we are not to be held liable for any damages or losses that may incur from a data or security breach from our systems, or in any of the services or platforms that we use to serve you. We are not to be held liable for any damages in losses that you would incur as a cause of a security breach, or data leak.
Acceptable Use
Website:
Do not post content that is not harmful or illegal.
Email:
Do not send spam email. Do not mass send emails. Do not send anything illegal, sexual, harmful, or immoral. You can only send a maximum of 100 emails per hour. The Client is responsible for managing, and checking and organizing their own email boxes. Failure to follow the restraints could have your email account permanently suspended.
Hosting:
Use the resources, and space of your hosting within the specified limits. Do not abuse the resources of the server. Do not go over the storage space of the server. In the event that you do, we will need to either delete emails or content that is taking up the extra space or upgrade your hosting plan and add on a surcharge.