Terms and Conditions

Webapps Hosting is solely owned by Get Technologies, a California-based company
Get Technologies Inc. Terms & Conditions of Use and Notices

AGREEMENT BETWEEN YOU AND GET TECHNOLOGIES

These Terms & Conditions constitute a legal agreement between you and Get Technologies. You must accept without modification all of the terms, conditions, and notices contained in these Terms & Conditions in order to access and use the services Get Technologies provide. If you do not accept these Terms & Conditions in their entirety, you may not access or use the services provided by Get Technologies.

Get Technologies provides internet services, Get Technologies reserves the right to suspend or cancel any customer's access to any or all services provided by Get Technologies when Get Technologies decides that the account has been inappropriately used or otherwise.

These are the terms and conditions for use of the Internet services provided by Get Technologies. By purchasing services from Get Technologies, you (subscribers) agree to abide by these terms and conditions. We reserve the right to change this agreement at any time without notice.

 

MODIFICATION OF THESE TERMS OF USE

Get Technologies may wish to update or change the terms, conditions and notices for the service provided from time to time to reflect changes in the service, changes in the laws affecting the Services, or for other good reasons. You understand that Get Technologies reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions and notices. Continued access to or use of the Services provided by Get Technologies after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Get Technologies Services shall be subject to the Terms & Conditions, as modified from time to time.


LAWFUL USE

Get Technologies accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away the services of their account to other parties even if it was for free or non-profitable.

You are responsible for conforming to all federal, state, and local laws regarding the Internet and electronic communication. You must respect the intellectual property and copyrights of resources provided by others on the net. You may not participate in any illegal activities while using your account. We cannot and do not monitor or control traffic content to/from our service. You are responsible for keeping your activities legal, and for censoring yourself and colleagues. Subscribers are not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Get Technologies. Should the posted material fall into this category, we reserve the right to immediately refuse or terminate service.

Get Technologies does not allow any of the following contents to be stored on any of its servers:
- Illegal Material - This includes copyrighted works, commercial audio, video, or music files and any material in violation of any Federal, State or Local regulation.
- Anti-government or anti-social ethnic group Material - Should the posted material fall into these categories, we reserve the right to immediately refuse or terminate service.
- Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Get Technologies.
- Warez - Includes pirated software, ROMS, emulators, freaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

Get Technologies will terminate any account that contains any of the above mentioned contents without any warning and without refunding any payments.


DATA PROTECTION

1. By acceptance of the agreement, client grants Get Technologies the right to market herself as a service provider to client.

2. Subject to and in accordance with relevant data protection legislation, the Client hereby consents to allow Get Technologies to collect data regarding Get Technologies' use of the Services and to provide such data to any governmental or regulatory body for the purpose of Get Technologies' compliance with any applicable laws and regulations.

3. Each party shall for the duration of any Agreement governed by these Terms and Conditions comply with the provisions of the Data Protection Act 1998, (including the data protection principles set out in that Act) and any similar or analogous laws, regulatory requirements or codes of practice governing the use, storage or transmission of personal data and shall not permit anything to be done which might cause or otherwise result in a breach by either party of the same.

4. Get Technologies possesses the right to communicate with the Client regularly via, but not limited to, electronic means.

5. Get Technologies has the right to deny Customer Support to the Client if the Client fails to demonstrate to the Get Technologies representative upon receipt of a phone call or e-mail by Get Technologies that they are indeed the Client and therefore authorized to request that changes be made on the account. The Client acknowledges that it may not always be possible for Get Technologies to guarantee that breaches will not occur and therefore agrees to cooperate with Get Technologies staff in its requests for Client authentication.


HIGH RESOURCE USER POLICY

Resources are defined as bandwidth, disk space and/or processor utilization.
Get Technologies may implement the following policy to its sole discretion:
When an account is found to be monopolizing the resources available Get Technologies reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.


DATA AND BACKUP

While we do backup all data within our own internal systems we are not liable for any loss of data which may adversely affect your business. This means that if you have uploaded your product data and/or built up a database of clients and/or orders, you must keep a backup on your own machine. Subscribers agree that Get Technologies has the right to delete all data, files, or other information that is stored on Get Technologies' servers upon termination of services, or cancellation of account due to non-payment or breaking of any of these terms by subscriber.


SECURITY

While Get Technologies makes all efforts to ensure the services we provide are both secure and robust, we make no claims about this security. If someone gains unauthorized access to your account they may/may not have access to customer details such as payment information, this is your responsibility. Hacking is a serious crime and effects most businesses. Should Get Technologies and/or any system provided by Get Technologies suffer a breach of security we cannot be held responsible. It is the client’s responsibility to delete credit card information after processing it.


HOLD HARMLESS

Subscribers will indemnify and hold Get Technologies harmless (including officers, employees, agents, and shareholders) of any and all claims, costs, expenses or liability resulting from any damage to Subscriber’s business, service, equipment, network, operations, or reputation resulting from Get Technologies' actions. Indemnification includes, but is not limited to, any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other sort.


PAYMENT POLICY

Get Technologies reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of one year from the purchase of your account, excluding government charges such as tax which can change out of the control of Get Technologies.

In addition, Get Technologies reserves the right to suspend other services until the outstanding balance is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a cancellation request; the Customer can request cancellation of their account and will be billed up to the first day of the following month.

Any failure by the Client to pay any fees due under these Terms and Conditions on the date specified shall be deemed to be a "material breach" of these Terms and Conditions.


CANCELLATION AND REFUNDS

Get Technologies reserves the right to cancel the service at any time. Customer refund requests are to be sent via email to: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it and will only be processed in the cases of service non-performance that might be caused by Get Technologies' side, Refund requests will be refused if requested for any cause that is out of Get Technologies' side.

Should you wish to cancel your account with Get Technologies you must write to us 7 days before your next billing date. On requesting a cancellation we will reply with confirmation that your cancellation request has been actioned.


CUSTOM GRAPHICS DESIGN

1. Web Application Hosting and Custom Web Design Service:

Get Technologies, Inc. a California based company, will design custom graphics or host web applications for you (the “Client”) according to the Client's specifications as set forth in a client order to be completed and submitted to Get Technologies by Client (the “Client Order”) and subject to these Terms and Conditions (this “Agreement”).

Get Technologies engages in Web application hosting service. Except for custom web design work, all art works, design and data will be hosted by Get Technologies.

In the case of custom web design work, upon fulfillment of the Client Order, Get Technologies will deliver the work via FTP download or email zip archives or CDROM.

A copy of these Web Pages Design Terms and Conditions and Client Order must be signed by all Clients at the time of submission of the Client Order to Get Technologies, indicating agreement to and acceptance of these Web Design Terms and Conditions.


2. Right to Refuse Orders.

Get Technologies will not design or construct web page(s) containing "adult content,” promoting violence of any kind, including an intolerance for race, lifestyle, or faith, or that constitutes harassment, defamation, libel, slander, or promotes the commission of a crime or any unlawful conduct. Get Technologies shall have the right to refuse any Client Order or do business with any person or entity without liability and without explanation.

3. Delivery, Review and Additional Work.

Get Technologies will install and publicly post the Client’s pages by the date agreed upon by both Client and Get Technologies, unless a delay is specifically requested by the Client.

For application hosting service, unless otherwise agreed by Get Technologies, the method of delivery for completed works, under this Agreement, shall be made through hosting on the web server chosen by Get Technologies. All application codes are the properties on Get Technologies. They are separated from client’s data.

Get Technologies will provide the Client with an opportunity to review the appearance and content of Web site materials in a Beta Version prior to finalization of the pages (the “Beta Pages”).

The Beta Pages will be deemed to be accepted and approved unless the Client otherwise notifies Get Technologies at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it within (5) business days of the date the Beta Pages are made available to the Client. Upon notice of requested changes, Get Technologies will make changes to the Beta Pages to the extent such requested changes are within the scope of the Client Order. Following any changes to the Beta Pages as requested by Client, Get Technologies will provide Client the completed pages (the “Final Pages). Get Technologies will not be obligated to make any changes to the Final Pages unless the Client demonstrates the Final Pages do not comply with the Client Order. When requested by Client, the parties shall in good faith negotiate Additional Client Orders, each of which upon signing, shall be deemed a part of this Agreement.

5. Payment.

Charges for services to be provided by Get Technologies are defined in the Client Order Form, which Client shall receive, execute and return to Get Technologies via facsimile or email.

Payment for services is due by check or bank transfer, and all payments are subject to these Terms and Conditions and the Terms and Conditions posted on Get Technologies site at www.webapps-hosting.com pertaining to payment for use of Get Technologies services.

6. Changes in Pricing.

Get Technologies reserves the right to change prices without notice. However, price changes, other than those relating to on-going maintenance service, shall not be changed with respect to previously executed Client Orders.

7. Termination.

(a) During the construction process and not after the Final Pages are released (with the exception of the Client's failure to make payment), the Client Order will terminate automatically upon either party providing written notice to the other indicating that the notifying party wishes to terminate the Client Order.

(b) If Get Technologies initiates termination, with the exception of the Client's failure to make any payments owed, Get Technologies agrees to reimburse the Client in full either by check within thirty (30) days of termination, or by canceling any the credit card transaction(s), and Get Technologies shall have no further obligations to Client nor any obligation to provide Client work that had been commenced or completed prior to termination.

(c) Termination of the Client Order by Client must be sent by email to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . If Client terminates the Client Order within forty eight (48) hours after signing of contract, Get Technologies shall refund twenty five (25%) percent of the total down payment received. If Client terminates the Client Order at any time following commencement of work there under but prior to release of the Final Pages, Get Technologies has a right to charge Client for design work performed prior to the date of first notice of cancellation based (at Get Technologies discretion) upon either the hours worked up to the date of termination or for all accepted milestones and a prorated amount for partially completed deliverables. Client may not terminate this Agreement after release of the Final Pages.

8. Non-Payment or Late Payment.

Get Technologies will not commence work with respect to any Client Order or, if work has commenced, will not continue any work on the Client Order, if it is unable to charge the Client’s credit card or to receive payment from the Client within (3) business days after Get Technologies notifies Client by email concerning non-payment. If the Client Order has been completed, Get Technologies will not release the Final Pages or if the Final Pages have already been released, will remove the Client's page(s) off of the server until payment is received. Get Technologies will reinstate all pages after payment in full has been received. If Get Technologies found a server for Client, and the Client has not paid Get Technologies before termination and before Get Technologies found the server, Client's server account will also be deleted. If Get Technologies releases the Final Pages but Client fails to make all payments due under the Client Order, Get Technologies also has the right to keep all payments the Client has made at any time and to pursue all collection efforts and legal remedies for unpaid work under the Client Order.

Get Technologies may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees..

9. Copyright.

Client retains the copyright to data, files and graphic logos provided by the Client, and grants Get Technologies the rights to publish and use such material in fulfillment of the Client Order. Artwork and graphic logos designed by Get Technologies for use in the Client’s Web presentation will remain the property of Get Technologies; and at its discretion and under separate agreement, Get Technologies will grant the Customer rights to use such material in formats other than Web presentations. Client must obtain permission and rights to use any information or files that are copyrighted by a third party and for Get Technologies to include such materials in fulfillment of the Client Order. Client agrees to indemnify and hold harmless Get Technologies from any and all claims resulting from the Client's negligence, intentional failure or inability to obtain proper copyright permissions. Client represents and warrants to Get Technologies that all such permissions have been obtained, and evidence of all necessary permissions may be requested from Client.

10. Standard Media Delivery.

Unless otherwise specified in the Client Order, this Agreement assumes that all text will be provided by the Customer in electronic format (ASCII text files delivered on CD via overnight courier or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg or .tiff format. Additional expenses may be incurred and will be invoiced accordingly for corrective work, conversion of media or outside facility charges. Although a reasonable attempt shall be made by Get Technologies to return to the Client any images or printed material provided for use in creation of the Client’s Web site, such return cannot be guaranteed. The Final Pages will be posted to a global access or FTP. Get Technologies will provide the client with the user name and password. The Client may have the option to upload Web site to a host of his/her choice or provide Get Technologies with the access code.

11. Access Issues.

(a) If Client’s Web site is to be installed on a third-party server, Get Technologies must be granted the necessary access to the Client's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

(b) Client agrees that Get Technologies shall have the right to remove from Client’s Web Site any web pages Get Technologies has designed which upon or following posting fail to adhere to the terms of these Web Design Terms and Conditions, including violation of any licensing agreements or failure to pay fees duly assessed.

 


FRAUD FIGHTING

For Those Thinking About Committing Fraud :
1. Card fraud is a crime and a felony punishable by heavy fines and jail time. Fraudulent behavior will be prosecuted aggressively and with a passion to the fullest extent of the law.
2. The ID and address of your computer and your ISP provider have been determined, and recorded as a safeguard against fraudulent behavior and may be used by Get Technologies or legal entities to prosecute guilty parties.
3. All information must match card account records as provided by the card-issuing bank. Inputting intentionally false information is fraud and will not be tolerated and may subject you to prosecution.
4. Card numbers are transmitted directly to the banking network for authorization. Get Technologies considers fraud a direct and serious threat to our business profitability. We do not take any effort to defraud lightly and will prosecute whenever and wherever possible to the fullest extent of the law.


INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold Get Technologies harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Get Technologies, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Get Technologies against liabilities arising out of:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Get Technologies' server.
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
(3) copyright infringement.
(4) any defective products sold to customer from Get Technologies' server.

 

FORCE MAJEURE

Neither party shall be deemed in default of this Agreement or the Client Order to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, or any other cause beyond the reasonable control of such party; provided, that the party whose performance is affected by any such event gives the other party written notice thereof within ten (10) business days of such event or occurrence.

DISCLAIMER

Get Technologies will not be responsible for any damages your business may suffer, Get Technologies makes no warranties of any kind, expressed or implied for services we provide.
Get Technologies disclaims any warrantor merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Get Technologies and its employees.

Get Technologies reserves the right to revise the above mentioned policies at any time.

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