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Service Agreement
This agreement ("Agreement") is between
WebTelep Webhosting, ("WebTelep") and the customer ("Customer")
specified in the order form annexed herein by reference ("Order").
The agreement is made effective as of the order date.The parties
agree as follows:OverviewThis agreement is intended to cover any and all webhosting services provided by WebTelep and received by the Customer. This agreement contains the entire understanding between WebTelep and Customer with respect to the services ("Services") described in the Order and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between WebTelep and Customer. Customer acknowledges and agrees that its entire right relating to WebTelep Services are as set forth in this agreement and hereby waives all other rights that it may have by implication of law or otherwise.1. ServicesSubject to the terms and conditions of this agreement, WebTelep agrees to provide the webhosting and/or related services specified in the Order. Subject to Customer's right to terminate this agreement and section 5 of this Agreement, WebTelep may expand or contract the scope of the WebTelep services by issuing to Customer a notification email at least 30 days in advance of such change.2. Initial TermThe initial term of this Agreement is stated in the Order ("Initial Term"). The Initial Term shall not commence until WebTelep accepts the completed order from the Customer and until first payment as set out in the Order is made in full by the Customer for Services to be provided during the Initial Term.3. Renewal TermUnless terminated in accordance with section 5 of this Agreement, this Agreement will automatically renew for successive terms of equal length to the Initial Term at the applicable rate and discounts.4. Fees and PaymentThe Customer agrees to pay WebTelep, without limitation, for its webhosting and related services as specified in the Order and all other fees incurred by the Customer related to supplemental services including, but not limited to: professional, consulting, or support services supplied by WebTelep. These services and fees are outlined at www.WebTelep.com. 4.1 Measuring Usage
- WebTelep will measure usage of the Services in accordance with WebTelep
policies and practices in effect from time to time. 4.2 Charges
- Base Fees (Every Month, Every 3 Month, Every 6 Month and Yearly)
will be charged in advance and Usage Fees and Support Fees will
be charged in arrears. 4.3 Fee Changes
- WebTelep may increase or decrease any of the Customer Fees by issuing a
notification at least thirty (30) days in advance of such changes.5. Customer ObligationsCustomer shall at all times comply with and help ensure that their clients comply with the terms of the current version of the Acceptable Use Policy. Customer agrees that WebTelep may amend the terms of the AUP from time to time by posting a new or different version of the Acceptable Use Policy at www.WebTelep.com. The Customer shall include the terms and conditions set out in the Acceptable Use Policy in an Acceptable Use Policy with its own clients.6. WebTelep Obligations 6.1 99% Network
Uptime Guarantee - WebTelep will provide 100% uninterrupted transit to
the Internet to all webhosting customers who have purchased said service from
WebTelep. Should transit to the Internet become unavailable for a cumulative
period up to one hour in any one calendar month, Customer will receive a refund
equivalent to one day of Customer's pro-rated Recurring Monthly Fees for that
month.This agreement does not cover outages caused by server component failure, equipment and/or events outside our facility. This Service Level Agreement does not cover outages due to scheduled or emergency network and/or facility maintenance, which will be broadcast to all customers in advance. Any and all refunds to Customer will not exceed 50% of the Customer's Recurring Monthly Fees for the month in which the refund is paid. 6.2 Performance Guarantee
- WebTelep will maintain its network in such a manner as to provide to all
customers the best possible performance to the Internet. In order to achieve
this WebTelep makes the following guarantees to all paying customers:
In addition to the above performance guarantees, WebTelep will take all possible measures to insure all Customer traffic reaches its destination in a timely fashion comparable and within reason to any other carrier in the area. These measures include the manipulation of routing tables so as to direct traffic to the Internet using its best possible upstream link. 6.3 Temporary Suspension
- The Customer agrees that it may be necessary for WebTelep to temporarily
suspend Services for technical reasons or to maintain the WebTelep network,
the Equipment or any other facilities, the timing of which will be as determined
by WebTelep. Such suspension of the Services will not be an "interruption"
of the WebTelep Services for the purpose of calculating network availability
or the Customer's entitlement to credit for network interruption. 6.4 Emergency Suspension
- WebTelep may interrupt the WebTelep Services at any time for any duration
of time, without penalty or liability for any claim by Customer, where necessary
to prevent improper or unlawful use of the WebTelep Services, WebTelep's service
facilities or connections or WebTelep's network.7. Termination of AgreementIf Customer breaches any of its obligations under this agreement then WebTelep may terminate this agreement by giving Customer notice of termination, which termination will take effect after notice is given.8. Limitation of LiabilityCustomer acknowledges and agrees neither WebTelep nor any of its members, shareholders, directors, officers, employees or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement. If, despite the foregoing limitations, WebTelep or any of its shareholders, directors, officers, employees or representatives should become liable to Customer or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of WebTelep, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by Customer to WebTelep for one month of service under this agreement.9. IndemnityCustomer will indemnify and save harmless WebTelep and its members, shareholders, directors, officers, employees, agents, contractors, and representatives from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against WebTelep or any of its members, shareholders, directors, officers, employees and representatives in connection with Customer's negligence, activities or omissions, or breaches of its obligations under this agreement, including claims brought by a person using or relying upon any advice given or publication produced and distributed by Customer.10. Governing LawThis agreement shall be interpreted in accordance with and be governed in all respects by the laws of Hungary. The courts of Hungary shall have non-exclusive jurisdiction to entertain any action or proceeding brought by the parties in connection with this agreement or any alleged breach of this agreement. The parties each attorney irrevocably to the jurisdiction of such courts.11. Customer AcknowledgmentCustomer acknowledges that it accepts all risk of any unauthorized or illegal use of the WebTelep Network or any inter-connected network by third parties. WebTelep will use reasonable commercial efforts to assure a reasonable level of security for its network, however it provides no warranties, makes no representations, and accepts no liability for the unauthorized or illegal access or interference with the Customer's network unless such access or interference is caused by the intentional unlawful acts of WebTelep, its agents or employees.12. Electronic CommerceThe Customer is solely responsible for all aspects of their online store or e-business. This includes, but not limited to:
13. IP Address OwnershipAll IP addresses remain the property of WebTelep and if necessary can be altered or exchanged with 24 hours notice by email or other means for the purposes of network management. This is very unusual and is normally only done at the request of an upstream provider. |
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