1. Authorization

Client authorizes to host and maintain client’s web site on ’s web hosting servers.

2. Description of Service

currently provides the services to the clients for a monthly fee. will host client’s web site on 's servers, provided, however, client abides by the terms and conditions set forth herein and in each of ’s policies and procedures.

3. Maintenance

Client understands that all web hosting will be provided on web hosting server to ensure better Joomla hosting, maintenance, data security and backups. Additionally client will be responsible for updating web site content: basic images, links, text and meta data (content titles and descriptions).

4. Regular Maintenance Plan ($79.99/mo) includes:

• For Joomla website designed or redesigned by .
• Cloud Hosting - CPU, Bandwidth & Storage Fair Usage Applies.
• Backups (Daily Database & Weekly File Backups)
• FTP Account for Uploading Media Files
• Joomla Super Administrator Access with restricted program scripts upload or important site configuration changes.
• Hourly Development, Support, SEO and Training Discount at $50/hr
• Business Email Accounts, Calendar and Doc Sharing
• Google Analytics
• Extended Software Warranty - Extended Software Warranty of the originally developed state of the site. ( only in Regular Maintenance Plan )
• Additional Security & Monitoring - Security Updates, Anti-Hack Protection and Fixing Damage due to Hacking. ( only in Regular Maintenance Plan )
• More Flexible Payment Terms
• No Long-term Commitment

5. Basic Maintenance Plan ($29.99/mo) includes:

• For any qualified Joomla website
• Cloud Hosting - CPU, Bandwidth & Storage Fair Usage Applies.
• Backups (Daily DB & Weekly File Backups)
• FTP Account for Uploading Media Files
• Joomla Super Administrator Access with restricted program scripts upload or important site configuration changes.
• Hourly Development, Support, Security Updates, SEO and Training Discount at $50/hr
• Business Email Accounts, Calendar and Doc Sharing
• Google Analytics
• More Flexible Payment Terms
• No Long-term Commitment

6. Software Updates

Client is aware that web site software updates are mandatory, for security reasons, whether live (released ) or still in development. If client is using the Regular Maintenance Plan, the updates are included in the monthly fee. If client explicitly indicates that web site software updates are not desired, it is in direct breach with this contract, therefore it will be terminated. Client agrees to make arrangements to relocate the web site to a third-party hosting.

7. Maintenance Duration

Web sites developed by have a maximum lifetime span of 3 years before being migrated to a newer CMS version.

Migrations are mandatory, for security and functional reasons. The cost of migration is not covered in any of the maintenance plans, and it will be charged by the current hourly rate. If the client indicates that the site migration is not desired or needed, the client is in the breach of the terms of agreement and client agrees to make alternative arrangements to relocate the web site to a third-party hosting where higher security risk and functionally buggy website operation is allowed.

8. Appropriate Content

The client agrees that all their content is the sole responsibility of client. reserves the right, but shall have no obligation, to pre-screen, refuse or move any inappropriate client’s content available at their web site.

9. Client Joomla Administration

will provide a Super Administrator account to client, related to updating and administering the site content. Client can create additional Super Administrator accounts, as needed. Client is responsible for maintaining the confidentiality of the password and account and designating employees who are authorized to access the account. Client agrees to immediately notify of any unauthorized use of, or access to, the service, the client's password or account, or of any other breach of security. cannot and will not be liable for any loss or damage from client's failure to comply with these security obligations. Client acknowledges and agrees that under no circumstances will be liable in any way for any acts or omissions of client’s or any client generated Joomla accounts including any damages of any kind incurred as a result of such acts or omissions.

10. Privacy & Security

shall take reasonable precautions to prevent and mitigate any disaster that may affect the ability of the client to provide the services to be performed by the client under this Agreement. shall maintain a documented and tested disaster recovery plan (the “DR Plan”) during the term of this Agreement. The DR Plan will: (a) include the location of recovery site(s) for each client's web site at which the services are provided and/or where Customer data is stored; (b) address business continuation, disaster recovery, and crisis management issues; (c) be designed to recover business operations as soon as reasonably practical under the circumstances after a declared disaster; (d) provide for the ongoing testing of such DR Plan; and (e) provide the client with evidence of satisfactory testing as required from time-to-time in order for client to meet and comply with client’s due diligence obligations. further agrees that the client may participate in DR Plan testing at client’s expense. Upon the occurrence of a declared disaster at any of the locations involved in the provision of services under this Agreement or where client data is stored, shall implement the DR Plan and shall notify the client of such implementation. Following recovery of business operations, shall provide to the client a post-incident report that documents the implementation and efficacy of the DR Plan. At client’s request, will provide a summary of the DR Plan (“Summary Plan”) to the client. agrees to release such additional information as may be reasonably necessary to allow the client to develop its own disaster recovery plan to work in concert with the DR Plan. For the avoidance of doubt, the DR Plan, any Summary Plan, and any information provided to the client by in connection with the DR Plan or Summary Plan pursuant to this section shall be considered and treated as Confidential Information of under this Agreement.

In consideration of the promises made by the parties herein, the parties agree that shall hold as secret and confidential any information belonging or relating to the client and to client’s customers/members, including any list of the client’s individual customers/members, (hereinafter “Member Information”) that has been provided by the client to ; and all information defined as being confidential under applicable laws. also agrees it shall not use the client’s Member Information for any purpose outside the scope of services identified by the client. Any Member Information provided by the client to shall at all times, including after termination of this agreement, remain the property of the client. shall fully comply with all applicable federal and state laws, regulations, Interagency Guidelines and/or written governmental agency orders and shall cause any third party with whom it may conduct any business for or on behalf of the client to fully comply with these laws at all times.

Further, represents and warrants that it shall restrict access to Member Information in its possession to those employees and any third parties with whom it may conduct any business for or on behalf of the client, who need to know such information to perform services requested by the client; and that it shall maintain physical, electronic, and procedural safeguards designed to (1) ensure the security and confidentiality of Member Information, (2) protect against any anticipated threats or hazards to the security or integrity of Member Information, (3) protect against unauthorized access to or use of such records or information, (4) ensure the proper disposal of member information and consumer information; and (5) maintains appropriate controls in place to limit user access to client's confidential information on its network and applications . To that end, represents and warrants that it maintains appropriate security in place to limit physical access to the data center and network components, all of which meet or exceed the minimum standards as defined and/or required by applicable laws. In regard to the foregoing, represents and warrants that: (1) it maintains appropriate technical security layers access to use such as authentication of system users, firewalls, and virus and worm scanning; (2) it maintains appropriate software and procedures for detecting security breaches and appropriate software and procedures to respond to breaches; and (3) it maintains appropriate internal and/or third party testing procedures to evaluate the effectiveness of its security program, the executive summary of which will be provided to the client's upon request.

11. Availability of Services

Subject to the terms and conditions of this Agreement, will provide the service twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. Client agrees that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that may undertake from time to time; or (iii) causes beyond the control of or that are not reasonably foreseeable by , including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

12. Service Availability Guarantee

offers a service uptime guarantee for the services of 99.9% ("Service Uptime") of available time. If fails to maintain this level of service availability, client may contact and request a credit of 5% of its monthly hosting fee from for that month. The credit may be used only for the purchase of further products and services from , and is exclusive of any applicable taxes. The credit does not apply to service interruptions caused by (i) periodic scheduled maintenance or repairs that may undertake from time to time; (ii) errors caused by client from custom scripting or coding; (iii) outages that do not affect the appearance of the web site but merely affect access to the web site such as FTP and email; (iv) causes beyond the control of or that are not reasonably foreseeable by ; and (v) outages related to the reliability of certain programming environments. Total Service Uptime shall be solely determined by and shall be calculated on a monthly basis.

13. Information Shared with Partners

As a condition of purchasing and using the Services, client acknowledges and agrees that may provide client’s personal information to their partners, as required to provide the plans for which client is purchasing.

14. Storage and Security

Client is entirely responsible for maintaining the confidentiality of its password and account information. Client is solely responsible for all acts, omissions and use under and charges incurred with client’s account or password or in connection with the site or any of client’s web site content displayed, linked, transmitted through or stored on the Server. 's servers and virtual dedicated services are not an archive and shall have no liability to client or any other person for loss, damage or destruction of any of client’s content. shall have no liability to client or any other person for clients use of the Services in violation of these terms. Client will at all times use the Services as a conventional and/or traditional web site. Client will not use the Service in any way, in 's sole discretion, that shall impair the functioning or operation of 's Services or equipment. Specifically by way of example and not as a limitation, client will not use the Services as (i) a repository or instrument for placing or storing archived files, and/or (ii) placing or storing material that can be downloaded through other web sites.

Client acknowledges and agrees that has the right to carry out a forensics examination in the event of a compromise to client’s server or account. In the event client terminates this agreement, moving client’s web site off of the ’s virtual dedicated servers is client’s responsibility. will assist client by transferring or FTP client’s web site to client or another provider at no cost to the client. In the event client use of the services is terminated, will not transfer or manage client’s services or client’s website content unless all amounts owed to under this Contract have been paid.

15. Termination Rights

Client may terminate this Agreement without any further cost, obligation or penalty upon default in the performance of any material term of this Contract, provided the client first gives written notice of such default and fails to reasonably address and/or cure said default within thirty (30) days or prior to the effective date of any applicable law. Upon material breach hereunder by , the client may (i) cancel this Agreement without further cost, penalty or obligation. Upon such termination each party shall remain obligated with regard to any provision herein that expressly survives termination; and each party is obligated to strictly comply with any conversion or deconversion terms set forth herein. A party hereto shall have cause for termination if:

Any party shall file for bankruptcy, receivership, insolvency, reorganization, dissolution, or liquidation;

Any party shall have bankruptcy, receivership, insolvency, reorganization, dissolution, liquidation or similar proceedings instituted against it and such proceeding shall not be dismissed within sixty (60) days; or

Any party shall breach, in any material respect, any covenant, condition, agreement or obligation specified in this Agreement and such breach shall continue for a period of thirty (30) days after the non-breaching party notifies the other of its breach.

Any party may terminate this Agreement without any further cost, obligation or penalty if the other party fails in any way to comply with applicable federal and state laws, regulations, Interagency Guidelines and/or written governmental agency orders (hereinafter referred to together as “law” or “laws”) and/or where specifically required by a written order or instruction from a government regulatory agency; provided the non-breaching party first gives breaching or subject party written notice of such default/order and the breaching or subject party fails to cure/resolve said default/order within the earlier of thirty (30) days or prior to the effective date of any applicable law or applicable order.

The client may also terminate this Agreement upon thirty (30) days written notice to . The agreement cannot be terminated by client until client's account balance is brought to zero. will not make a refund to client for already made annual payment.

16. Fees

Joomla Hosting and Maintenance fees of $79.99/mo for Regular plan and $29.99 for Basic plan are due monthly. All payments will be made in US funds (10% discount applies on a 1 year purchase). Addition or customization of functionalities on the website may result in adjustment of monthly maintenance fee. Clients will be advised in advance if any changes that they request may result in increased monthly maintenance. Changes and web site improvements requested by the client beyond regular or basic maintenance (hosting, security updates, backups, server log monitoring) will be billed at the discounted hourly rate of $50/hr on servers. Discounted hourly rates are only applicable to Joomla websites hosted on servers.

17. Non-Maintenance Clients

If client does not have one of maintenance plans, client will be charged for all development, training, consulting, project management and other time spent on their project. Non-maintenance clients agree to a regular hourly rate of $100/hour.

18. Limitation of Liability

In no event will be liable for any direct, indirect, special, consequential or punitive damages and including, but not limited to, damages for interruption of use or for loss or inaccuracy or corruption of data and lost profits. In no event shall 's liability for any claim arising out of or relating to this agreement exceed five hundred dollars ($500).