Services Terms and Conditions for MobiSiteMaker.com
- Definitions: definitions.
- Term: commencement of term; end of term (indefinite); each services order form creates distinct contract.
- Hosting Services: creation of hosting services account; grant of right to use hosting services; limitations on use of hosting services account; prohibitions on the use of the hosting services account; prevention of unauthorised access to hosting services account; no administrative access to hosting platform; availability of hosting services and SLA ; hosting services acceptable use policy; no access to hosting platform code; suspension of hosting services.
Customerobligations: general second party obligations; access to computer systems.
- Hosted Data: licence of hosted data; warranties relating to hosted data; right to edit or delete hosted data; back-up of hosted data; restoration of hosted data;
Customerresponsibility for hosted data back-ups; hosted data upon termination.
- No assignment of Intellectual Property Rights: no assignments of intellectual property rights.
- Charges: obligation to pay charges; amounts inclusive or exclusive of VAT (where applicable); variation of charges.
- Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments; interest on late payments.
- Confidentiality obligations: first party confidentiality undertaking; second party confidentiality undertaking; disclosure of confidential information to certain persons; exceptions to confidentiality obligations; disclosures of confidential information mandated by law etc; parties to stop using confidential information upon termination; parties to return or destroy confidential information following termination; confidentiality obligations after termination.
- Data protection: compliance with data protection laws; warranty of
Customer's right to disclose personal data (GDPR); details of personal data and purposes of processing bythe Host(GDPR); duration of personal data processing byHost(GDPR); personal data processed byHoston instructions (GDPR); informingCustomerof illegal instructions (GDPR); personal data processed byHostas required by law (GDPR); confidentiality obligations onHostpersons processing personal data (GDPR); security of personal data processed byHost(GDPR); appointment of sub-processor byHost(GDPR); authorisation forHostto appoint sub-processors (GDPR);Hostto assist with exercise of data subject rights (GDPR);Hostto assist with compliance (GDPR); obligation to notifyCustomerof personal data breach (GDPR);Hostto provide data protection compliance information (GDPR); deletion of personal data byHost(GDPR);Hostto allow audit (GDPR); changes to data protection law.
- Warranties: standard of hosting services; first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
- Indemnities: indemnity upon breach: any provision or specified provisions (with definition); conditions upon first party indemnity; indemnity upon breach: any provision or specified provisions (with definition); conditions upon second party indemnity; limitations of liability vs indemnities.
- Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of use; no liability for loss of opportunities; no liability for loss of data or software (subject to back-up obligations); no liability for consequential loss; per event liability cap upon services contract; aggregate liability cap upon services contract.
- Force Majeure Event: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
- Termination: termination without cause (optionally assymetric); termination by either party without cause; termination upon breach; termination upon insolvency; termination upon non-payment; rights of termination supplemental or exclusive.
- Effects of termination: surviving provisions upon termination; termination does not affect accrued rights; charges on termination of contract (hosting services).
- Notices: methods and deemed receipt of contractual notices; first party contact details for contractual notices; substitute contact details for notices.
- Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
- Assignment: assignment by first party; assignment by second party.
- No waivers: no unwritten waivers of breach; no continuing waiver.
- Severability: severability of whole; severability of parts.
- Third party rights: third party rights: benefit; third party rights: exercise of rights.
- Variation: variation only in accordance with section; variation by signed written agreement; variation on first party's notice.
- Entire agreement: entire agreement: documents; no mispresentation; section subject to caveats to limits of liablity.
- Law and jurisdiction: governing law; jurisdiction.
- Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.
Schedule 1 (Acceptable Use Policy)
- Introduction: definitions for acceptable use policy for hosting services; parties to acceptable use policy; agreement to policy by using services; express agreement to policy.
- General usage rules: no damaging use of services; no unlawful use of services; content must comply with provisions of part.
- Unlawful Content: no unlawful user content: general prohibition; no unlawful user content: specific prohibitions; previous complaints and user content.
- Graphic material: age suitability of user content; no violence in user content; no pornographic user content.
- Marketing and spam: prohibition on marketing activities; no spam in user content; sending spam using email addresses; no promotion of marketing schemes; avoidance of IP blacklisting.
- Regulated businesses: no gambling-related activities; no pharmaceutical activities; no weapon-related activities.
- Monitoring: acknowledgement relating to monitoring.
- Data mining: no data mining.
- Harmful software: no harmful software; no risky software.
Schedule 2 (Availability SLA)
- Introduction to availability SLA: purpose of hosting services availability SLA; informal definition of uptime.
- Availability: uptime commitment; measurement of uptime; reporting of uptime measurements.
- Service credits: earning service credits; amount of service credits; application of service credits; service credits are sole remedy; service credits upon termination.
- Exceptions: list of exceptions to availablity commitment.