1. Introduction

This website is operated by Creative Web. The terms “we”, “us”, and “our” refer to Creative Web. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.

  1. Use of our Website

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract. You agree to not use our website to conduct any activity that would constitute a civil or criminal offense or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems. You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

  1. General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.

  1. Products or Services

All purchases through our website are subject to its availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products and services to any person, household, geographic region or jurisdiction. Prices for our products and services are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in US Dollar. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

  1. Use Comments, Feedback, and Other Submissions

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership. You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content. You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party. We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

  1. Your Personal Information

Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

  1. Errors and Omissions

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law. We do not undertake to update, modify or clarify information on our website, except as required by law.

  1. Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free and that defects will be corrected. The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website. In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

  1. Indemnification

You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

  1. Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

  1. Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

  1. Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

  1. Questions or Concerns

Please send all questions, comments and feedback using the Contact Us form.

Breach of our Terms & Conditions may result in account suspension or termination without refund.

  1. Hacking, Denial of Service, Sniffing and Spoofing

Creative Web do not permit any type of hacking, denial of service, distributed denial of service, sniffing, spoofing, password cracking or similar malicious activities to be performed on or by its services. Creative Web will remain the sole arbiter in what constitutes any of these activities. You acknowledge that participation in any of these activities will result in immediate termination without refund. Creative Web may involve law enforcement authorities if we deem necessary.

  1. Spam, Warez, Piracy, Phishing, Crypto Currency Mining and Illegal Activities

Creative Web does NOT permit any of its services to be used for illegal purposes. These include but are not limited to spam, unsolicited commercial email, warez hosting, piracy, crypto currency mining and hacking related activities. We don’t allow collection of user information such as email addresses without the consent of the person identified (phishing). Use of the Services in connection with fraudulent activities Storage or transfer of, or linking to, content that violates trade secrets, copyrights, trademarks, patents, or other intellectual property rights, or contributes to the said violations Storage or transfer of, or linking to, content that is harassing or excessively violent, inciting to hate or violence, or threatening with violence.

Creative Web will remain the sole arbiter in what constitutes any of these illegal activities. You acknowledge that participation in any of these activities will result in immediate termination without refund. We may involve law enforcement authorities if we deem necessary.

  1. Pornography

If Creative Web discovers pornography on any services provided to You, your account will be immediately terminated without refund. If it involves child pornography, your personal details will be passed to law enforcement authorities and we will assist fully with law enforcement authorities around the world to seek charges against You.

  1. Backup restoration

If your account was cancelled or suspended for non-payment and you still need your data to take with you there is a $10 per incident charge for all inquiries regarding previous services and / or support. We generally keep backups available for a period of 30 days after account cancellation, but can provide no guarantees on the actual length of availability of a backup.

  1. Web Hosting Services

Creative Web has strict resource usage restrictions on Web Hosting Services. These are designed to maintain the integrity, security and performance of our web servers. Failure to abide by these restrictions may result in account suspension or termination without refund.

  • No script or piece of software may use 25% or more of system resources for 60 seconds or longer for the Starter, Startup and Basic Hosting Plans. No script or piece of software may use 35% or more of system resources for 60 seconds or longer for the Business Plan.
  • No user may have above 5,000 opened files at any moment (the limit does not apply to overall number of existing files, owned by the user) for the Starter, Startup and Basic Hosting Plans.
  • The number of emails sent from all email accounts at the same domain name cannot be more than 200 per hour for the Starter, Startup and Basic Hosting Plans. The number of emails sent from all email accounts at the same domain name cannot be more than 500 per hour for the Business Plan.
  • Running stand-alone, unattached server side processes/daemons is strictly prohibited
  • Running any type of web spider / indexer (Google Cash / Ad Spy) is strictly prohibited
  • Running any bit-torrent / P2P application is strictly prohibited
  • Running cron scripts with intervals of less than 15 minutes, or setting up more than 5 simultaneous cron jobs is strictly prohibited
  • Running of public file exchange services is strictly prohibited

Disk Usage Provision. Data under your account can not occupy more than 250,000 inodes on disk. Cumulative automatic backups of your data on default local automatic backup storage cannot occupy more than 20 Gigabytes of space. User initiated data backups are intended for download and cannot be stored under user’s home directory longer than 14 days.

  1. Fees, Payment and Refund

As consideration for the products and/or services provided to you by Creative Web, you agree to pay us at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the term of service. Creative Web expressly reserves the right to modify pricing and will provide an advanced notice of changes through email notification and/or notice on its website.

As a limited exception to the foregoing, you may receive a refund within the initial 30 days after sign up if you cancel a web hosting plan.

IMPORTANT NOTICE: All Payments To Creative Web Are Non-Refundable. Creative Web agrees to furnish services to the Subscriber, subject to the following TAC (Terms and Conditions). Use of our Service constitutes acceptance and agreement to Creative Web’s TAC. The Terms and Conditions may be changed from time to time at the discretion of our Company. Subscriber understands that change to the TAC by our Company shall not be grounds for early contract termination or non-payment.

  1. Hacking, Denial of Service, Sniffing and Spoofing

Creative Web do not permit any type of hacking, denial of service, distributed denial of service, sniffing, spoofing, password cracking or similar malicious activities to be performed on or by its services. Creative Web will remain the sole arbiter in what constitutes any of these activities. You acknowledge that participation in any of these activities will result in immediate termination without refund. Creative Web may involve law enforcement authorities if we deem necessary.

  1. Spam, Warez, Piracy, Phishing, Crypto Currency Mining and Illegal Activities

Creative Web does NOT permit any of its services to be used for illegal purposes. These include but are not limited to spam, unsolicited commercial email, warez hosting, piracy, crypto currency mining and hacking related activities. We don’t allow collection of user information such as email addresses without the consent of the person identified (phishing). Use of the Services in connection with fraudulent activities Storage or transfer of, or linking to, content that violates trade secrets, copyrights, trademarks, patents, or other intellectual property rights, or contributes to the said violations Storage or transfer of, or linking to, content that is harassing or excessively violent, inciting to hate or violence, or threatening with violence.

Creative Web will remain the sole arbiter in what constitutes any of these illegal activities. You acknowledge that participation in any of these activities will result in immediate termination without refund. We may involve law enforcement authorities if we deem necessary.

  1. Pornography

If Creative Web discovers pornography on any services provided to You, your account will be immediately terminated. If it involves child pornography, your personal details will be passed to law enforcement authorities and we will assist fully with law enforcement authorities around the world to seek charges against You.

  1. Unmetered Bandwidth & Use of servers for bandwidth intensive purposes

Using our services to host applications that produce high bandwidth usage patterns is prohibited without the prior consent of Creative Web. We don’t allow using the Service to download or transmit torrents and running Plex or similar media server/service. Please contact us before signing up. Failure to contact us may result in your server being rate-limited or turned off.

  1. Tor, VPN or Proxy service

If you are running a Tor, VPN or Proxy service, you are responsible for the sub-users that connect to it. There is no way to tell the difference between abuse from a user and abuse from sub-users, so malicious activity from your sub-users will flag your account. This can lead to us suspending your account and destroying your virtual servers. Because of the risk to your account, we do not recommend running open services where any user can connect. While we do not restrict the software you choose to install, you are responsible for how it is used and how freely available you make the service.

  1. Disruptive Use of Services

The Customer may use, investigate, and modify the operating environment of the Services only within the limits of the user instructions. The Customer may not use the Services in any way that causes security risks to the Service or Creative Web infrastructure, or interferes with the operation of the Services or our infrastructure. For example, Creative Web considers the following actions to be disruptive on the operation of the Services/Creative Web infrastructure:

Intentional or careless use of the Services in excess of a typically expected server load, such as continuously high CPU or I/O use rate.

Intentional or careless use of the Services to host applications that produce high bandwidth usage patterns.

Intentional or careless configuration of servers that enables unauthorized third party access or otherwise lacks adequate security requirements.

  1. Service Level Agreement

Scope

This service level agreement (SLA) is an integral part of the Contract between Creative Web and the Customer.

Service Guarantee

Creative Web will guarantee 99.95% virtual server and network availability to the Customer. The network will be deemed available if Creative Web’s routers and switches are available and responding properly. For all unscheduled interruptions in the provision of the Services, which are due to hardware or telecommunications failures that last longer than 5 minutes, Creative Web shall offer compensation to the Customer.

Scheduled Interruptions

Creative Web will notify the Customer by e-mail or on Creative Web’s website about scheduled interruptions in the provision of the Services at least 24 hours in advance, with the exception of important security updates and patches which Creative Web may deploy without prior notice.

Error Notifications

In case of an interruption in the Services, the Customer has to notify Creative Web by support ticket or email. The interruption is deemed to begin when the failure starts to affect the Customer’s use of the Services, and to end when the failure has been corrected.

Compensation

When a failure in the Services has been corrected, Customer may request compensation via a support ticket. The compensation will be paid to the Customer’s service account in the form of credits and may not be exchanged for cash or other forms of payment.

Amount of Compensation.

The amount of compensation will be as follows:

  • 99.8% – 99.4% uptime = 5% credit
  • 99.3% – 98.9% uptime = 10% credit
  • 98.8% – 98% uptime = 15% credit
  • 97% – 94% uptime = 25% credit
  • Less than 94% uptime = 100% credit

The maximum amount of compensation for an individual interruption is 100% of Creative Web’s charges for the Services during 30 calendar days preceding the interruption.

Sole Remedy

The above-mentioned payment of compensation will be the sole remedy of the Customer for interruptions or other failures in the Services. In case of a disagreement over the amount of the compensation payable to the Customer, Creative Web’s decision on the issue will be binding and final.

Exemptions from Service Guarantee

The following situations will be exempted from Creative Web’s service guarantee:

  • Scheduled interruptions
  • Failures caused by errors in third party software utilized in the Services
  • Failures in products or services which are not included in the Services
  • Failures caused by the Customer’s actions contrary to user instructions or resulting from the Customer’s operating systems or application software used within the Services
  • Violations of Creative Web’s Terms and Conditions
  • Failures due to hostile actions by third parties such as denial-of-service attacks
  • Interruptions resulting from law and public authority enforced activities
  • Customer does not have sufficient pre-paid balance on the Customer’s service account for the use of the Services at the time of the interruption in the Services.
  • No compensation will be payable to the Customer during a free-of-charge trial period.

Completion

Creative Web and the Customer must work together to complete the project in a timely manner. Creative Web agrees to work expeditiously to complete the project no later than the Launch Date indicated on the Project Timeline (start date depends on the date of acceptance of agreement and the Web Development payment).

Means of Project Delivery

At the start of the project, Creative Web must provide 3 Header layouts to choose from. The templates and layouts below the header are customizable and can easily be changed using the Page Builder so no need to show. Creative Web will make a dummy website in their server to layout and show the features using dummy content wherein the Customer can propose changes. Once the Dummy website is complete, the Customer must provide the real content and images to be uploaded in the website.

Maintenance & Support

Creative Web makes website that is maintenance free since the WordPress CMS, Themes, Plugins and Apps are automatically updating to the latest technology. Furthermore, Creative Web automatically optimizes regularly the database, scripts, CSS and HTML in the Server and CDN to ensure that the website will not be bloated due to continuous revision and upgrade. For any issue that may arise, the Customer can contact Creative Web support.

Legal & License

Creative Web warrants that the functionality contained in the project will meet the Customer requirements and that the operation will be reasonably error-free. In no event will Creative Web be liable to the Customer or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the website, even if the Customer has been advised of the possibility of such damages.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrights & Trademarks

The Customer represents to Creative Web and unconditionally guarantees that any elements furnished to Creative Web for inclusion in the project are owned by the Customer, or that the Customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Creative Web and its subcontractors from any claim or suit arising from the use of such elements furnished by the Customer.

Copyright to Project

Creative Web guarantees that all aspects of design and construction of the project will be disclosed to the Customer upon completion, and full code, copyrights and ownership will be the sole property of the Customer. Creative Web retains the right to display graphics and other design elements as examples of its work in its portfolio.

Sole Agreement

The agreement contained in the Contract constitutes the sole agreement between the Customer and Creative Web regarding the project. Any additional work not specified in the contract must be authorized by a written change order. All prices specified in the contract will be honored for three (3) months after both parties sign the contract. Continued services after that time will require a new agreement.

Revision after Website Launch

The Customer may be charged additional fees if it decides to make changes after the Website Launch.

Payment & Refund Policy

The agreement begins with the web development payment indicated in the pricing table. If the Customer halts work and applies for a refund within 4 days, work completed shall be billed at the hourly rate of $20, together with the costs of plugins, applications, etc. already purchased and deducted from the initial payment, the balance of which shall be returned to the Customer. No portion of the initial payment will be refunded unless requested within 4 days of signing the contract.