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Website Hosting Agreement

This Website Hosting Agreement (“Agreement”) is hereby entered into between you, your employees, and agents (collectively, “Client”) and applies to the purchase of all Website Hosting Services (hereinafter collectively referred to as “Hosting Services”) ordered by Client from Nora Kramer Designs (“Provider”).

Term and Termination

This Agreement shall become effective upon Client’s signup for Hosting Services and shall remain in effect until terminated by either party in accordance with this Agreement.

Either party may terminate this Agreement upon 30 days’ written notice to the other party if the other party breaches any material obligation provided hereunder and fails to cure such breach within thirty (30) days of receipt of written notice.

This Agreement may be terminated by Nora Kramer Designs immediately if:

  1. Client fails to pay any fees due hereunder;
  2. Client fails to cooperate with Nora Kramer Designs, including providing necessary access credentials or cooperation required to maintain the hosting environment; or
  3. Client engages in activities that violate our Acceptable Use Policy (outlined below).

Hosting Services

Nora Kramer Designs agrees to provide Client with Hosting Services as described below:

  • 10GB Storage Space
  • 10GB Monthly Bandwidth
  • Free SSL Certificate
  • WordPress-Optimized Hosting Environment
  • PHP updates, as needed

All Hosting Services are designed for WordPress websites and optimized for performance, reliability, and security. Hosting accounts are maintained on professionally managed servers monitored 24/7. To keep our hosting servers safe, we do not host clients sites that are not also on our Website Maintenance Program.

Billing and Payments

Client agrees to pay all fees in accordance with this Agreement and the rate schedule provided at the time of signup.

  • Hosting is billed on a monthly basis via automatic payment using the credit card on file.
  • Clients may choose to prepay yearly at a discounted rate. Yearly prepayments are non-refundable but guarantee the rate for the term paid.
  • Invoices are sent via email and processed through Nora Kramer Designs’ billing system.
  • If payment is not received within 15 days of the due date, of fails three tries to capture payment via our automated billing system, hosting services may be suspended.
  • A $75 reconnection fee may apply to restore suspended services.
  • Continued non-payment beyond 30 days may result in termination of the account and deletion of files.
  • Clients are responsible for ensuring payment information is current.

Account Ownership and Access

All hosting accounts are provisioned and maintained under Nora Kramer Designs’ managed hosting infrastructure.

  • Nora Kramer Designs retains administrative control of hosting accounts for security and performance purposes.
  • If clients require cPanel access for content management they must let us know in advance of provisioning so we can place them on what of our servers that offers cPanel access.
  • Clients with cPanel access may not modify system-level configurations, DNS, or server settings.
  • Unauthorized modifications to hosting configurations may result in additional fees for recovery billed at $149/hour.

Website Migration and Termination

If Client wishes to move their website to another hosting provider, Client must provide written notice at least 30 days prior to termination of Hosting Services.

  • Client may have their new provider handle the migration of their website. Website migrations performed by Nora Kramer Designs incur a $500 migration fee, payable before transfer begins.
  • Clients terminating Hosting Services will receive a WP-All-In-One Migration backup of their website upon request.
  • If the website size exceeds the limits of the free version of the plugin, Client must purchase the Unlimited Extension from servmask.com in order to install it elsewhere.
  • Upon termination, Nora Kramer Designs will remove all website files and data from its servers. Client is solely responsible for securing a backup and new hosting before termination to avoid downtime.

Data Usage and Resource Limitations

  • Each Hosting Plan includes 10GB storage and 10GB monthly bandwidth.
  • Accounts exceeding these limits may be automatically upgraded to the next plan level, which will come with additional fees, or billed for overage usage.
  • Excessive use of server resources, including spam, mass mailing, or CPU abuse, may result in suspension or termination of services.

Backups and Data Security

  • Daily backups are maintained for 30 days for disaster recovery purposes only.
  • While Nora Kramer Designs employs best practices to protect client data, and has thus far never been able to recover from a backup, no guarantee of data recovery is provided.
  • Nora Kramer Designs is not responsible for loss of data due to hacking, third-party plugin conflicts, software errors, or client actions.

Acceptable Use Policy

Client agrees not to use Hosting Services for activities including, but not limited to:

  • Hosting or distributing illegal, infringing, or obscene materials;
  • Engaging in spam, phishing, or bulk unsolicited email campaigns;
  • Hosting malware, viruses, or malicious code;
  • Operating resource-intensive applications that interfere with server stability;
  • Using hosting services for cryptocurrency mining, file sharing, or proxy operations.

Violation of this policy may result in immediate suspension or termination of service without refund.

Service Availability

Nora Kramer Designs strives to maintain 99.9% uptime and provides continuous server monitoring and proactive maintenance.

  • Periodic maintenance may require short downtime, for which reasonable notice will be provided when possible.
  • Nora Kramer Designs is not liable for outages caused by external factors such as weather, network issues, datacenter failures, or client-side errors.

Fees; Limitations on Refunds and Cancellation Fees

Client agrees to pay all fees due as billed. The fees must be received prior to the start of Hosting Services.

All payments are non-refundable.

In the event of termination by Client, no refunds shall be issued. Client further agrees to pay any outstanding amounts due for overage usage or additional services requested.

Nora Kramer Designs is hereby authorized to charge Client’s credit card or other payment method on file for any amounts owed.

Client Responsibilities

For the purposes of providing Hosting Services, Client agrees:

  • To provide all necessary access credentials in a timely manner.
  • To maintain current contact and billing information on file.
  • To comply with all applicable laws and Nora Kramer Designs’ Acceptable Use Policy.
  • To ensure any software, plugins, or themes installed do not compromise server performance or security.
  • To notify Nora Kramer Designs immediately if unauthorized access or compromise is suspected.

Indemnification

Client agrees to indemnify and hold harmless Nora Kramer Designs, its officers, employees, and subcontractors from any and all claims, damages, or expenses (including attorney’s fees) arising from the use of Hosting Services, Client’s content, or violations of this Agreement.

Disclaimer of Warranties

Nora Kramer Designs provides Hosting Services “as is” and makes no warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. Client assumes all responsibility for use of Hosting Services.

Limited Liability

In no event shall Nora Kramer Designs be liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, or business interruption, arising out of or related to this Agreement.

Total liability shall not exceed the total hosting fees paid by Client during the three (3) months preceding the claim.

Confidentiality

Both parties agree to maintain confidentiality regarding each other’s proprietary or sensitive information, including account credentials, business data, and trade secrets. This obligation shall remain in effect for three (3) years following termination of this Agreement.

Force Majeure

Neither party shall be held liable for delays or failures due to causes beyond their reasonable control, including but not limited to natural disasters, labor disputes, power failures, or internet outages.

Relationship of Parties

Nora Kramer Designs is anindependent contractor. Nothing in this Agreement constitutes a joint venture, partnership, or employment relationship between the parties.

Jurisdiction and Disputes

  • This Agreement shall be governed by the laws of the State of Florida.
  • All disputes shall be resolved through arbitration in Hernando County, Florida, under the Commercial Arbitration Rules of the American Arbitration Association.
  • The arbitrator’s decision shall be final and binding. Each party agrees to bear its own legal costs.

Read and Understood

By purchasing Hosting Services, Client acknowledges that they have read, understood, and agreed to all terms and conditions contained in this Agreement.

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