Tactus Design Terms of Service
Our motto of “No Surprises” is what we have strived to provide with regard to policies and pricing for services we offer. So before you agree to do business with us, we want you to read and fully understand the following User Agreement / Terms of Service. This way there are no surprises!
This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of web design, web hosting, e-Commerce and other Internet-related services provided by Tactus Design (the “Services”). As used in this Agreement, “we”, “us”, or “our” means Tactus Design and “Client”, “you”, or “your” means you. By clicking on the “Submit Order” or “Sign Up” button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Tactus Design site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “Tactus Design Site” refers to the Site located at the URL http://www.tactusdesign.com, or any other successor Sites owned or maintained by Tactus Design.
Tactus Design reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. Tactus Design strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. This Agreement is imposed to protect you, other Tactus Design customers, and us against harm.
1. APPROPRIATE USE OF THE SERVICES
Tactus Design provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
- Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client – or through Client by a third party – to any Tactus Design server in connection with Client’s use of the Services which:
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Tactus Design or any third party;
- violate any provincial, state, federal or foreign laws or regulations;
- are defamatory, slanderous or trade libelous;
- are threatening or harassing;
- are discriminatory based on gender, race, age, or promotes hate;
- violate any Tactus Design policy posted on the Tactus Design Site including, but not limited to, our Acceptable Use Policy (includes Adult Material Policy), UCE (SPAM) Policy , and CGI Abuse Policy.
- contain viruses or other computer programming defects which result in damage to Tactus Design or any third party.
- Bandwidth. Client may occupy only the amount of disk space on the Tactus Design Server and utilize no more than the network bandwidth that is allotted by Tactus Design. Additional fees, specified in the plans and packages page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
- No “SPAM”. Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Tactus Design, or otherwise, that mention or reference any domain hosted on Tactus Design servers or parked on Tactus Design DNS servers. NOTE: THIS POLICY APPLIES TO ALL DOMAINS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! Refer to our UCE (SPAM) Policy).
- Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
- Back-Up Files. Client will have the ability to reinstate files which are automatically archived by Tactus Design; however, Tactus Design does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client’s Control Panel. If data loss occurs due to negligence of Client in securing their account or by an action of the Client, Tactus Design will attempt to recover the data from the most recent archive for a £50.00 fee.
- Termination. Tactus Design reserves the right to refuse service to anyone. Tactus Design, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact Customer Support.
2. PAYMENT OBLIGATIONS
Full payment is required from Client before any Service is rendered, which includes renewals. All payment-due notices will be sent by e-mail. Invoices can be sent by postal mail on request.
- Prompt Payment. Client must promptly remit payment to Tactus Design when it is due.
- Recurring Payments. Recurring payments are due in advance on or before Client’s billing cycle anniversary date. (ie: If Client is on a 12-month billing cycle, then payment is due every 12 months.)
- Late Payments.
- 14 days. If full payment or credit authorization of payment due is not received or acknowledged by Tactus Design within 14 days of the billing cycle anniversary date, Tactus Design will assess a late fee of £5. Tactus Design may also suspend Services subscribed to by Client under this agreement without notice.
- 21 days. If full payment or credit authorization of payment due is not received or acknowledged by Tactus Design within 21 days of the billing cycle anniversary date, Tactus Design will assess a late fee of £10. Tactus Design may also suspend Services subscribed to by Client under this agreement without notice.
- 28 days. If full payment or credit authorization of payment due is not received or acknowledged by Tactus Design within 28 days of the billing cycle anniversary date, Tactus Design will assess a late fee of £15. Tactus Design may also suspend Services subscribed to by Client under this agreement without notice.
- Suspension of Service. If Services are suspended, then there will be a £25.00 service reinstatement fee imposed, per suspended account, which shall be due along with any late fees and past due amounts, prior to reinstatement of Services.
- Non-Payment / Termination of Service. Any account with an outstanding payment amount due past 14 days will be considered in violation of this agreement and placed in non-payment status. If Client’s account is in non-payment status, Tactus Design reserves the right to delete all of Client’s files and content from Tactus Design servers.
- Tactus Design utilizes the services of collection agencies to collect amounts due and also reserves the right to report delinquent accounts to credit bureaus.
- Domain Names. If Client chooses to register a domain name(s) through Tactus Design, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Tactus Design does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Tactus Design be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Tactus Design from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.
You agree to use all Tactus Design Services and facilities at your own risk. Tactus Design specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Tactus Design be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Client agrees that it shall defend, indemnify, save and hold Tactus Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Tactus Design, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, it’s agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Tactus Design against liabilities arising out of:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tactus Design Services;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customer from Tactus Design’s servers.
Tactus Design shall be the sole judge of what violates this Policy.
4. TERM, TERMINATION & CANCELLATION
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services (“Billing Cycle Date”), and shall automatically renew and continue in effect for the period of time selected during the signup process (“Billing Cycle”) or specified by separate agreement or unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement, however, notification of termination must be received at least ten business days prior to your Billing Cycle Date in order to avoid charges in full for the next Billing Cycle. If Client is terminating this Agreement, Client must request cancellation by emailing the Tactus Design billing department. Tactus Design will respond with a cancellation email, which Client shall retain as proof of termination. It is the Clients Responsibility to secure email confirmation from Tactus Design that account has been cancelled. If the Client has not received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of termination, this balance must be paid in full. Termination does not absolve Client of any outstanding financial obligations. All Client cancellation requests will become effective within 30 days after termination notice has been provided to Tactus Design. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 – 8 shall survive termination or expiration of this Agreement. In case that the Client’s continuing usage of the service is jeopardizing the stability of Tactus Design’s service to other clients, Tactus Design reserves the right to immediately terminate this agreement.
5. PRICE CHANGES.
Tactus Design reserve the right to change the price of any services at any time with a 30 days notice to current Clients. Currents Client will not be affected by any price change throughout any existing contract (“Billing Cycle”) period.
Client will pay and indemnify and hold Tactus Design harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
7. DISCLAIMER OF WARRANTY
THE SERVICES, THE Tactus Design SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE Tactus Design SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. Tactus Design DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Tactus Design SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL Tactus Design BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE Tactus Design SITE OR ANY Tactus Design PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL Tactus Design’S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN THIRTY BRITISH POUNDS (£30 GBP).
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Tactus Design. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees. This Agreement is made under and shall be governed by the laws of the United Kingdom, except with regard to their conflict of law rules. This Agreement and Tactus Design’s policies are subject to change by Tactus Design without notice. Continued usage of the Services after a change to this Agreement by Tactus Design or after a new policy is implemented and posted on the Tactus Design Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Tactus Design Site for any changes or additions.