For customers utilising services provided by Digital Alchemist
Following are terms of services for website hosting, domain registration, and website development services provided by Digital Alchemist. The customer shall provide billing address and any other information necessary for Digital Alchemist to maintain website hosting and registration services. Any information not provided at sign-up will be requested by Digital Alchemist and provided by the customer. Signature on our order form, or submission of an online order for service, indicates agreement to these terms of service.
1. Website Hosting Payment Terms: Billing for website hosting service will commence when the website hosting service is created, prior to development of a new website project. Website hosting services are invoiced monthly. Payment is due by the 15th of the current month’s hosting service. Termination of Website Hosting Services with Digital Alchemist requires a 30-day advance notification via phone or e-mail. If a customer chooses to activate their domain name through Digital Alchemist, their domain name registration will expire with their hosting service. Digital Alchemist reserves the right to change the rates by notifying customers 60 days in advance of the effective date of the change. Digital Alchemist reserves the right to cancel hosting service at any time.
2. Website Hosting Pre-Payment Terms: Digital Alchemist may offer a discount for paying an entire year of hosting service up front. Refunds will not be issued in the case that a customer cancels their hosting service before the period they have pre-paid for.
3. Payment Terms Website Development:
Website Development: Digital Alchemist requires a minimum of 50% down payment on all custom website development and design services. Down payment on website development is non-refundable, and the down payment amount may be modified at Digital Alchemist’s discretion. The final balance is due 15 days from completion of website development project. If Digital Alchemist is developing a website that is not also hosted by Digital Alchemist, final payment for the project must be received prior to project launch or relinquishing ownership to customer. Ongoing website maintenance and updates are billed on the 1st calendar day of the following month.
4. General Payment Terms: Payment is due 15 days after the date of an invoice for all services. Accounts are in default if payment is not received 20 days after the invoice date. Accounts in default may be subject to service interruption. Such interruption does not relieve you from the obligation to pay the monthly charge. Accounts in default are subject to an interest charge of $5.00 or 1.5% per month on the outstanding balance, whichever is greater. If you default, you agree to pay Digital Alchemist its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
5. Content Responsibilities: The customer is responsible for all content posted or stored on their web hosting space. Digital Alchemist exercises no control over the content or information contained on the servers used for hosting. Digital Alchemist will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. Digital Alchemist is not responsible for backing up data or recovering data in case of loss on the customer’s behalf. There are no warranties expressed or implied for the services Digital Alchemist provides or the software used by the customer.
6. Service Interruptions: Digital Alchemist is not responsible for interruptions of service beyond its control. This includes, but is not limited to, interruptions by its suppliers and natural disasters.
7. Account Credentials: The customer agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a customer believes that his user ID or password has been compromised, the customer agrees to contact Digital Alchemist immediately via e-mail or telephone.
8. Governing Laws: Any claims or legal action arising out of this Service Agreement must be instituted within one year after the claim or cause has arisen. Digital Alchemist reserves the right to discontinue service for violation of any of the conditions of this service agreement.
All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.
9. Third Party Networks: Any access to other networks connected to Digital Alchemist’s network must comply with the rules appropriate for that other network.
10. Disk Storage and Bandwidth: Digital Alchemist will monitor the customer’s current disk storage and bandwidth. If usage exceeds the amount registered for, Digital Alchemist will contact the customer in an attempt to make an arrangement for additional resources. If customer does not respond, or is unable to be reached, Digital Alchemist shall have the right to take corrective actions for exceeding resources. Such actions may include assessing additional charges, increasing service plan, temporarily discontinuing services, or terminating the current agreement. If the customer feels that more disk storage is required, it is the customer’s responsibility to contact Digital Alchemist to discuss options for increased disk storage.
Digital Alchemist prohibits website hosting customers from participating in pirating unlicensed software, pirating mp3 files, listing hacker programs or archives, hosting warez websites, pornography. The customer agrees to indemnify and hold Digital Alchemist harmless from any claims resulting from his/her use of Digital Alchemist’s services that damage the customer or another party. Use of Digital Alchemist’s web hosting and e-mail Services to send Unsolicited Commercial E-mail (UCE or “SPAM”) is strictly prohibited and may be cause for immediate account termination. The customer agrees to pay Digital Alchemist any reasonable expenses, including attorney and system administration fees, incurred in responding to complaints and damages caused by the action of sending Unsolicited Commercial E-mail.
12. Adherence to Proposal: It is the responsibility of the customer to review in full all proposals for website development, website design, and other services provided by Digital Alchemist. Should services or resources fall above the scope of the original proposal, Digital Alchemist reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall above the scope of the original project is due prior to development or net 15 days, at Digital Alchemist’s discretion.
13. Project Timeline: It is the responsibility of the customer to review the project timeline and adhere to the dates for deliverables on their part. Failure to meet deadlines imposed by Digital Alchemist will result in delay of project, or risk putting the project on hold. Digital Alchemist may invoice customer for additional resources should the delay of a project interrupt Digital Alchemist’s workflow. Indefinite delay of a project may result in project termination, and a new development agreement must be reached prior to restarting the project. Down payments for services are non-refundable, and will not be returned to customer should a project be delayed or terminated as a result of the customer failing to adhere to project timeline.
14. Administrative Access: To prevent malware installation on our servers, full administrative access to a WordPress installation on Digital Alchemist’s hosting services will not be granted to customers. Customers may request access to specific features of a website, and access may be granted at Digital Alchemist’s discretion.
15. Website Copyright:
A. Custom Websites: The copyright on a custom website is transferred to the website purchaser after full payment has been received for the website. If copyright transfer has been processed, customer may receive a full backup of their website upon cancellation. This backup will include the entire file structure in a .zip file and, if applicable, an SQL file containing the MySQL database dump.
B. Semi-Custom Websites: WordPress login credentials are not available to customers who purchase subscription or layout websites. The copyright on semi-custom website development is transferred to the website purchaser after one (1) year of active subscription service. If a semi-custom website is paid for in advance, the copyright is transferred upon full payment for website development. If copyright transfer has been processed, customer may receive a full backup of their website upon cancellation. This backup will include the entire file structure in a .zip file and, if applicable, an SQL file containing the MySQL database dump.
C. Product Websites: For websites built using core products built and owned by Digital Alchemist, such as our pre-built CMS or CRM systems, the copyright of the product’s code will remain with Digital Alchemist and will not be passed to the client. These products belong to and are built and maintained by Digital Alchemist, so they are not given away to each client for free use and duplication. The copyright for the content of the website is transferred to the client after full payment has been received and as such, a MySQL database dump can be provided to the client upon cancellation. The codebase, however, remains the property of Digital Alchemist and cannot be duplicated or sold as full copyright laws apply.
16. Website Go Live and Access: A project is considered complete when the full development scope has been reached, and the project is approved by the customer. Should the customer request changes beyond those agreed to in the original proposal, Digital Alchemist may complete these changes at additional cost. Once a project is considered complete, if the customer is hosting the site, then the customer has one business week to launch the website, or provide Digital Alchemist with credentials necessary to bring the website live. Failure to launch a website within one week of completion of the project may delay go live date, and may incur additional expenses at Digital Alchemist’s discretion. Once a project is complete, all changes requested will fall under Digital Alchemist’s standard website support service. Account access to the website and written or verbal training, as agreed to in the initial proposal, will be granted only after the final payment for the project is received by Digital Alchemist.
17. Termination/Cancellation Policy: Digital Alchemist requires a 30-day notice prior to canceling a website hosting account. For business website solutions, where the cost of development is broken down into monthly payments rather than an upfront development charge, a one year minimum contract is required. If service is cancelled early, the final balance on remaining months of service is due. Two years of consecutive service must be paid for copyright release, or to receive a copy of your website files or an administrative login. Upon cancellation, you will be sent a bill with your final balance (up to 30 days after notification) after your cancel request. At the time of cancellation, all website files, email accounts, and e-mails will be deleted from our server; you are responsible for requesting a backup of these files should you need them for future use.