Clients may halt work and request for a refund within 30 days of the date of a contract by mailing a certified letter to the Clik Focus, Inc. If at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the Client shall be liable to pay for all work completed at the hourly rate agreed upon.
Acceptable Use Policy
Violation of this Acceptable Use Policy (AUP) may result in suspension or termination of your service.
You may not publish or transmit via Clik Focus Inc.’s service any content that Clik Focus Inc. reasonably believes: constitutes child pornography; is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech; is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; is defamatory or violates a person’s privacy; creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; improperly exposes trade secrets or other confidential or proprietary information of another person; is intended to assist others in defeating technical copyright protections; clearly infringes on another person’s trade or service mark, patent, or other property right; promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Clik Focus Inc.; or is otherwise malicious, fraudulent, or may result in retaliation against Clik Focus Inc. by offended viewers.
Content “published or transmitted” via Clik Focus Inc.’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Clik Focus Inc.
Service Level Agreement (SLA) for Managed Support Clients
Terms: This managed support service include: server administration, server software updates and security patches, and interfacing with VPS.net as needed. Any problems not related to the server configuration, or any requirements that are outside of the default, are not included. Consulting of any type in not included in the hosting cost. Drupal or other website specific requirement or issues are not included in any hosting or managed support contracts, unless such problems can be shown to be directly caused by a server misconfiguration. In these specific events of misconfiguration, only repair of the misconfiguration is included.
Payment of Fees: Payment must be made promptly. Payment is due on the 1st day of every month. Customer's billing cycle shall be monthly. Clik Focus Inc. may require payment for the first billing cycle before beginning service. Clik Focus Inc. will invoice Customer via electronic mail to the primary contact listed on the order. Invoice for hosting fees may be issued on or before the 1st day of each billing cycle. If full payment is not received by the 5th day of the month, bills will be considered delinquent and a late fee of $10 per day will be incurred by the Client, not to exceed 100% of the monthly hosting fee. If payment has not been received by the 15th calendar day in the month, the Provider reserves the right to stop service until payment is received and Client’s accounts are current. This may cause down time. Customer is responsible for providing Clik Focus Inc. with changes to billing information. Clik Focus Inc. may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay Clik Focus Inc. reasonable reinstatement fee following a suspension of service for non-payment, and extra time spent trying to collect payment. This includes, but is not limited to e-mails, phone time, removing website from viewing, etc. If collection action is initiated, Client will pay all collection costs to include reasonable attorney fees and costs. Payment will be made to Clik Focus, Inc. at 130 E Kiowa, Suite 202, Colorado Springs, CO 80903.
Fee Increases: Clik Focus Inc. may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least thirty (30) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
Back Up Copy: Customer agrees to maintain a current copy of all content hosted by Provider notwithstanding any agreement by Provider to provide back up services.
Security: You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
Client’s Website: Should any part of the Client’s website, the Client’s company or the Client’s use of the website be unlawful, the Client agrees that Client is solely responsible therefore and holds provider harmless there from.
Client is solely responsible for complying with any and all governing laws, and will hold harmless, protect, and defend the Provider, its subcontractors, officers, directors, members, and assigns from any claim, suit or penalty arising from the Client’s website or use of the website.
Limitations of Liability: Each Party shall indemnify, defend and hold harmless the other Party, its parent, subsidiaries, affiliates, and their respective officers, directors, members, employees and agents from and against any and all third party demands for losses, claims, actions, damages, liabilities, costs and expenses including reasonable attorney fees directly related to or arising from injures to persons, tangible, intangible or real property to the extent caused by the negligence or willful misconduct of a party. A Party’s indemnity and hold harmless obligations as to any claim or suit within the scope of this clause shall be reduced to the extent of any concurrent fault, failure to mitigate damages or negligence by the other Party. The Provider provides no warranty and is not liable for any consulting advice. While Provider, based upon experience and opinions, will attempt to assist the client, Provider is not liable for any such assistance. If an such claim is made, the Indemnifying Party, at its expense shall defend against and pay any and all costs, expenses, including reasonable fees of attorneys and other retained professionals or consultants and damages of any kind arising out of such claim, whether or not that claim is successful, provided that the indemnified party: (a) gives the Indemnifying Party prompt written notice of such claim, and (b) cooperates with the Indemnifying Party, at the Indemnifying party’s expense, in the defense of such claim. The Indemnifying party shall not be responsible for any settlement made by the Indemnified party without the Indemnifying party’s prior written consent. The maximum aggregate liability of Clik Focus Inc. and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be payment of money not to exceed the amount payable by the customer for three months of service.
Disclaimer of Warranties: Clik Focus Inc. does not warrant or represent that the service will be error-free, completely secure, or uninterrupted. To the extent permitted by applicable law, Clik Focus Inc. disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by applicable law, all services are provided on an “as is” basis.
Termination The Agreement: may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Clik Focus, Inc. fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within fifteen (15) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by Clik Focus, Inc. prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon fifteen (15) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Clik Focus, Inc. describing the violation in reasonable detail; or (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once. Either party may terminate this agreement upon fifteen (15) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
Early Termination: Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Clik Focus Inc. terminates the Agreement for Customer's breach of the Agreement in accordance with Termination, or Customer terminates the service other than in accordance with Termination for Clik Focus, Inc.'s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
Refunds: All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law.
Suspension of Service: Customer agrees that Clik Focus Inc. may suspend services to Customer without notice and without liability if: (i) Clik Focus Inc. reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Clik Focus Inc. reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Clik Focus Inc.'s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
Law/AUP: Customer agrees to use the service in compliance with applicable law and Clik Focus Inc.'s Acceptable Use Policy attached agreement (the 'AUP'), which is hereby incorporated by reference in this Agreement. Customer agrees that Clik Focus Inc. may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of Clik Focus Inc.'s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Clik Focus Inc.'s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Clik Focus Inc. and Customer regarding the interpretation of the AUP, Clik Focus Inc.'s commercially reasonable interpretation of the AUP shall govern.