Convirtio Terms and Conditions / Terms of Service Agreement
For customers utilizing website hosting, website development, and/or other services provided by convirtio, inc. | convirtio, and it’s affiliates and partners
LAST UPDATED JANUARY 15, 2020
Following are terms of conditions and terms of service for website hosting, domain registration, website design and web development services provided by Convirtio, Inc. (“Convirtio). The customer shall provide billing address and any other information necessary for Convirtio to maintain website hosting and registration services. Any information not provided at sign-up will be requested by Convirtio and provided by the customer. The clients signature on our contract, proposal, order form, or submission of an online order for service, indicates agreement to these terms of service.
1. Website Hosting Payment Terms: Billing for website hosting service will commence when the website hosting service is created, prior to development of a new website project. Website hosting services are invoiced monthly or yearly via the clients credit card of choice. Payment is due by the 15th of the current month’s hosting service. Termination of Website Hosting Services with Convirtio requires a 30-day advance notification signed by the client and delieverd via e-mail or postal mail. If a customer chooses to activate their domain name through Convirtio, their domain name registration will expire with their hosting service. Convirtio reserves the right to change the rates by notifying customers 60 days in advance of the effective date of the change. Convirtio reserves the right to cancel hosting service at any time.
2. Website Hosting Pre-Payment Terms: Convirtio may offer a discount for paying an entire year of hosting service up front. Refunds will not be issued in the case that a customer cancels their hosting service before the period they have pre-paid for.
3. Payment Terms Website Development: Website Design & Development: Convirtio requires a minimum of 50% down payment on all custom website development and design services. Down payment on website development is non-refundable, and down payment amount may be modified at Convirtio’s discretion. The final balance is due within 90 days from the original agreement date or at the completion of website development project, whichever comes first. If Convirtio is developing a website that is not also hosted by Convirtio, final payment for the project must be received prior to project launch or relinquishing ownership to customer. Should a development project span more than 90 days, the customer will start to accure additional hourly fees for Convirtio’s extra time, beginning on day 30 after the initial 90 day term is up. Ongoing website maintenance and updates are an extra fee and are are billed on the 1st and 15th of each calendar day of the month.
4. General Payment Terms: Payment is due 15 days after the date of an invoice for all services. Accounts are in default if payment is not received 20 days after the invoice date. If customer pays by check that does not clear, the customer is immediately in default and subject to a returned check charge of $50. Accounts unpaid 60 days after date of invoice will be subject to service interruption. Such interruption does not relieve you from the obligation to pay the monthly charge. Accounts in default are subject to an interest charge of $200 or 2% per month on the outstanding balance, whichever is greater. If your state law does not allow an interest rate of 2% per month, the maximum allowable rate for your state will be charged. If you default, you agree to pay Convirtio for it’s expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
5. Content Responsibilities: The customer is responsible for all content posted or stored on their web hosting space. Convirtio exercises no control over the content or information contained on the servers used for hosting. Convirtio will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. Convirtio is not responsible for backing up data or recovering data in case of loss on the customer’s behalf, unless otherwise agreed to by the customer and Convirio for a seperate fee. There are no warranties expressed or implied for the services the Convirtio provides or the software used by the customer.
6. Service Interruptions: Convirtio is not responsible for interruptions of service beyond its control. This includes interruptions by its partners, suppliers and natural disasters.
7. Account Credentials: The customer agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a customer believes that his user ID or password has been compromised, the customer agrees to contact Convirtio immediately via e-mail or telephone.
8. Governing Laws: Convirtio, Inc.’s corporate office is located in Sheridan, Wyomibg. This agreement will be performed in and governed by the laws of the State of Wyoming. Any claims or legal action arising out of this Service Agreement by the client must be instituted within one year after the claim or cause has arisen. Convirtio reserves the right to discontinue service for violation of any of the conditions of this service agreement.
All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.
9. Third Party Networks: Any access to other networks connected to Convirtio’s network must comply with the rules appropriate for that other network.
10. Disk Storage and Bandwidth: Convirtio will monitor the customer’s current disk storage and bandwidth if requested by the client. If usage exceeds the amount registered for, Convirtio will contact the customer in an attempt to make an arrangement for additional resources. If customer does not respond, or is unable to be reached, Convirtio shall have the right to take corrective actions for exceeding resources. Such actions may include assessing additional charges, increasing service plan, temporarily discontinuing services, or terminating the current agreement. If the customer feels that more disk storage is required, it is the customer’s responsibility to contact Convirtio (info@convirtio.com or 888-851-3319) to discuss options for increased disk storage.
11. Content and Terms of Use: All services provided by Convirtio, Inc. may be used only in accordance of the law. Storage, documentation, transmission, or presentation of information or data that violates US Federal, State, or City law is strictly prohibited. This includes, but is not limited to, copyrighted or plagiarized material, racist or threatening material, material that is obscene, pornography, “adult only” content, or material protected by other statute.
Convirtio prohibits website hosting customers from participating in pirating unlicensed software, pirating mp3 files, listing hacker programs or archives, hosting warez websites, pornography. The customer agrees to indemnify and hold Convirtio harmless from any claims resulting from his/her use of Convirtio’s services that damage the customer or another party. Use of Convirtio’s web hosting and e-mail Services to send Unsolicited Commercial E-mail (UCE or “SPAM”) is strictly prohibited and may be cause for immediate account termination. The customer agrees to pay Convirtio any reasonable expenses, including attorney and system administration fees, incurred in responding to complaints and damages caused by the action of sending Unsolicited Commercial E-mail.
12. Adherence to Proposal: It is the responsibility of the customer to review in full all proposals for website development, website design, and other services provided by Convirtio. Should services or resources fall above the scope of the original proposal, Convirtio reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall above the scope of the original project is due prior to development.
13. Project Timeline: It is the responsibility of the customer to review the project timeline and adhere to the dates for deliverables on their part. Failure to meet deadlines imposed by Convirtio will result in delay of project, or risk putting the project on hold. Convirtio may invoice customer for additional resources should the delay of a project interrupt Convirtio’s workflow. Indefinite delay of a project may result in project termination, and a new development agreement must be reached prior to restarting the project. Down payments for services are non-refundable, and will not be returned to customer should a project be delayed or terminated as a result of the customer failing to adhere to project timeline.
14. Administrative Access: To complete your project to the best of our ability, Convirtio must recieve full administrative access to your Hosting and/or WordPress installation. Convirtio hosting services are availabile for an additional fee and will not be granted to customers as apart of their web project. Customers may request access to specific features of a website, and access may be granted at Convirtio’s discretion.
15. Website Copyright:
A. Custom Websites: The copyright on a custom website is transferred to the website purchaser after full payment has been received for the website. If copyright transfer has been processed, customer may receive a full backup of their website upon cancellation. This backup will include the entire file structure in a .zip file and, if applicable, an SQL file containing the MySQL database dump.
16. Website Go Live and Access: A project is considered complete when full development scope has been reached, and project is approved by the customer. Should customer request changes beyond what was agreed to in the original proposal, Convirtio may complete these changes at additional cost. Once a project is considered complete, customer has one business week to launch the website, or provide Convirtio with credentials necessary to bring the website live. Failure to launch a website within one week of completion of the project may delay go live date, and may incur additional expenses at Convirtio’s discretion. Once a project is complete, all changes requested will fall under Convirtio’s standard website maintenance schedule. Account access to website and written or verbal training, as agreed to in the initial proposal, will be granted only after final payment for the project is received by Convirtio.
17. Termination/Cancellation Policy: Convirtio requires a 30-day notice prior to canceling a website hosting account. For Website Design / Web Development solutions any deposit shall become non-refundable and termination/cancellation is subject to Convirtio’s approval. If service is cancelled early, the final balance on remaining contract or balance of hosting, partner services or monthl software service is due. Two years of consecutive service must be paid for copyright release, or to receive a copy of your website files or an administrative login. Upon cancellation, you will be sent a bill with your final balance (up to 30 days after notification) after your cancel request. At the time of cancellation, all website files, email accounts, and e-mails will be deleted from our server; you are responsible for requesting a backup of these files should you need them for future use.