Thank you for choosing Get Primed for your managed website hosting!
These terms and conditions explain the details of the agreement you are entering into when hiring Get Primed to host a website(s), or part thereof, and/or emails for the price and term outlined in your proposal, quote or estimate.
1. ESTIMATE / PROPOSAL
Your quote forms part of these terms and indicates the term and cost of the plan you have selected. Your quote is valid for fourteen (14) days from its issue date, unless otherwise specified.
2. PROJECT SCHEDULE
We know you are excited to transfer your hosting ASAP, so we will get to work on the agreed commencement date and will continue industriously until the transfer is completed. We pride ourselves on meeting our agreed deadlines wherever possible, and to help us to do that, we need your assistance! To complete the transfer we may need to contact your previous hosting provider and/or obtain account information, and as such we rely on you to provide us with everything we need to complete the project. We recognise that in some cases former hosts may stall the process of sharing the information required, so time is not of essence in this contract.
3. SUPPORT INCLUSIONS
Our support specialists will go above and beyond to ensure that your website is performing optimally while hosted with us. Websites built by Get Primed will enjoy full support on all aspects of the website. Websites that are not built by Get Primed may include components (such as plugins and themes) that are not supported by Get Primed. Significant changes and additions to your website may incur additional fees.
4. PAYMENT TERMS
They say nothing good in life is free, and our expertise is no exception. To ensure uninterrupted service, payments for website and domain name hosting should be made prior to expiry. Should your website hosting renewal lapse, your website may go offline until payment has been received in full.
For domain names, there is a 30 day grace period after expiry in which a domain name can still be renewed at the regular rate. After this time, there is a further 45 day redemption period, during which you may still renew your domain but at significant extra cost ($200 at time of writing). If the renewal is still not completed, your domain name will become available to the public at the regular rate, at which time we cannot guarantee we will be able to recover your domain name.
5. EXPENSES PAID ON YOUR BEHALF
If applicable, you agree to reimburse Get Primed for costs incurred in fulfilling the requirements of your hosting. Most commonly this relates to third party license fees, for example for use of images or software required for correct operation of your site.We will estimate these charges in advance to the best of our knowledge, and will include an itemised list of charges on our invoices to you so you know exactly what was incurred.
Your secrets are safe with Get Primed! In the course of our work, we focus on really getting to know you and your business so we can help you achieve the best results possible. This means we may have access to or information about your proprietary information (like trade secrets, know-how, or any other confidential information that is not publicly available). We promise we will keep your data safe and won’t sell any of your proprietary information to a third-party, no matter how much they offer us!
We understand that sometimes it’s impossible to reply to emails and messages promptly, and so we don’t expect you (or us) to always do so. At the same time, communication is essential to our mutual success and we’ve found that keeping momentum going produces the best results for everyone. We need your input to keep your project on schedule, and without it, your project will stall. We ask simply that you stay in touch and respond in a timely fashion to our calls and emails, as we will do for you.
8. LIMITS ON LIABILITY
Your liability to us is only for the costs payable under this agreement. You will not be liable to us, or any third-party, for damages like lost profits, lost savings, incidental damages, consequential damages, or special damages.
While our aim is always to deliver top quality services and absolute client satisfaction, there are some things we are unable to accept responsibility for. We provide hosting to you on an as-is basis, and we make no promise or guarantee of up-time or security, as all websites are, under the right circumstances, vulnerable to ever-evolving security breaches. We cannot and do not promise or guarantee that services or products purchased or licensed from third party vendors will be free from interruption or failure or that they will remain available for use for any specific period. We will not be liable to you for lost profits or other special or consequential damages of any kind, nor will we be liable to you for direct damages unless caused by our gross negligence or fraud.
The maximum damages payable to you in any event will not exceed the amount of fees actually invoiced and paid to Get Primed in connection with the project in question. Specifically, we will not be responsible or liable to you for damages or loss caused by:
- Your use of the designs and deliverables in ways that are not covered by the licences we grant to you;
- Anything done by Get Primed on your instructions, or using material you provided to us;
- Any breach of these terms and conditions by you; and/or
- Any legal, governmental, contractual or other approvals that were required but which you did not obtain.
You will keep Get Primed indemnified for all damages, costs, fees, expenses and legal fees that we incur due to any of these specific actions and omissions.
9. NO TRANSFER OF THIS CONTRACT
The parties may not assign the responsibilities that they have under this agreement to anyone else unless both parties agree to the assignment in writing.
This agreement will automatically renew unless you select an option to terminate this agreement. We would really hate to see you go, but if you decide we aren’t your cup of tea, you may end this agreement by giving us a fourteen (14) day written notice and, if you haven’t already done so, paying Get Primed in full for the services that we have completed.
11. FORCE MAJEURE
Neither you nor Get Primed shall be liable for failure to perform our part of the contract, if the failure is due to force majeure events (including but not limited to fire, flood, earthquake, storm, hurricane, natural disaster, pandemic, war, civil war, invasion, act of foreign enemies, hostilities, rebellion, terrorist activity, government sanction, change of law, strike, lockout, industrial action, embargo, sabotage, interruption or failure of electricity service, interruption or failure of transport networks or other public utilities, interruption or failure of internet or other communication service).
12. REFUND POLICY
For prepaid subscriptions such as hosting, early cancellations will incur a cancellation fee equal to three months’ payment, and the balance will be refunded upon request within 14 days.
13. DISPUTE RESOLUTION
In extremely rare cases it’s possible that our Ts and Cs miss something that leads to a dispute. Our resolution process is as follows:
- Negotiation: We want to work this out. In the event of a dispute, both parties agree to work towards a resolution through good faith negotiation.
- Mediation/Arbitration: If talking it over doesn’t go well, either party may initiate mediation or binding arbitration in a forum mutually agreed to by the parties.
- Litigation: If litigation is necessary, this agreement will be interpreted based on the laws of the State of Victoria, Australia, regardless of any conflict of law issues that may arise. The parties agree that the dispute will be resolved at a court of competent jurisdiction in the State of Victoria, Australia.
- Legal Fees: The prevailing party, or “winner” as non-lawyers call it, will be able to recover its attorney’s fees and other reasonable costs for a dispute resolved by binding arbitration or litigation.
If any section of this agreement is found to be invalid, illegal, or unenforceable, the rest of the agreement will still be enforceable.
15. COMPLETE CONTRACT
This agreement puts the parties entire understanding of the services to be performed and anything else the parties have agreed to in black and white (literally). This agreement supersedes any other written or verbal communications between the parties. Any subsequent changes to this agreement must be made in writing and signed by both parties.
All formal notices under this agreement must be sent by either email with return confirmation of receipt, or certified or registered snail mail with return receipt requested.