Terms of Service

Managed and Non-Managed Hosting Plans

Domain Name Registration/Renewal/Transfers

Some information is required in order for us to register, renew or transfer your domain name or perform other services for you. If you are unfamiliar with the process, please email us with any questions as each client’s needs may differ.

By utilizing our Services, you agree to the full Terms and Conditions of this site.

All CG Design communication is via email. Therefore, you are required to keep a current email address in your contact information at all times. As renewals are non-refundable, CG Design will send an email reminder notice 45 days prior to expiration to the email address on your account. Domain names will be renewed and charged 30 days prior to expiration unless cancelled beforehand in writing.

This Agreement is made
Between

    1. Website or Web Application Owner, the Client; and
    2. Hosting Provider, the Company, CG Design,
      The purpose of this Agreement (hereafter referred to as the “Agreement”) is to precede a longer-term contract arrangement under which Company will provide Web Hosting services on behalf of Client.


Terms

Subject to the terms and conditions of this Agreement, Company will provide Web Hosting services for Client subject to the following terms:

Length of Service.

Client agrees to an initial twelve (12) month contractual term of service (“Term”).

Service Start Date.

The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for such first Term of service or upon a mutually agreed upon alternate date. Monthly payments are due 30 days prior to the following service month, and are base upon a twelve (12) month agreement. Failure to pay on time will result in a suspension or termination in service and may include a termination fee.

Renewal by Client.

This Agreement will automatically renew for successive twelve (12) month Terms 30 days in advance unless canceled in writing by Client at least 45 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes.

The term of this Agreement shall continue in full force and effect as long as you have any domain name registered or hosting plan through Company or as long as you are employing any Service(s).

Terms of Payment

Terms of payment are C.O.D. via check or ACH unless credit approval has been granted by Company. If credit approval has been granted, credit terms are net 10 days upon receipt of invoice and may incur a separate 3% processing fee for credit/debit card payments over $250. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.

Proprietary Information

Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Client or any portion thereof.

Censorship

Company will exercise no control whatsoever over the content of the information passing through the network, email or web site. However, if such content violates or infringes on the reputation (ie. illicit, vulgar, or immoral content) of Company because Client site utilizes backlinks to Company (ie. footer copyrights) or Company promotes the site via portfolio or other outlets for use of promotion, Company has the right to suspend or terminate the site without compensation or reimbursement.

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 Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Company is at Client’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 Client 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.

Trademarks and Copyrighted Material

Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.

Termination

Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Company and Client.

Disputes

If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.

Indemnification

Client shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Client’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.

General

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 North Carolina. 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.

Approval

This Agreement, the referenced agreements, together with all modifications, constitute the complete and exclusive agreement between the Client and the Company. This Agreement may not be amended or modified by the Client except by means of a written document signed by both Client and an authorized representative of the Company.