Epiphany1.com

Contractual Agreement

Overview
This agreement is intended to cover any and all web hosting services provided by Epiphany1 and received by the Customer. This agreement contains the entire understanding between Epiphany1 and Customer with respect to the services ("Services") described in the Order and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between Epiphany1 and Customer. Customer acknowledges and agrees that its entire right relating to Epiphany1 Services are as set forth in this agreement and hereby waives all other rights that it may have by implication of law or otherwise.

1. Services
Subject to the terms and conditions of this agreement, Epiphany1 agrees to provide the web hosting and/or related services specified in the Order. Subject to Customer's right to terminate this agreement and section 5 of this Agreement, Epiphany1 may expand or contract the scope of the Epiphany1 services by issuing to Customer a notification email at least 30 days in advance of such change.

2. Initial Term
The initial term of this Agreement is stated in the Order ("Initial Term"). The Initial Term shall not commence until Epiphany1 accepts the completed order from the Customer and until first payment as set out in the Order is made in full by the Customer for Services to be provided during the Initial Term.

3. Renewal Term
Unless terminated in accordance with section 5 of this Agreement, this Agreement will automatically renew for successive terms of equal length to the Initial Term at the applicable rate and discounts.

4. Fees and Payment
The Customer agrees to pay Epiphany1, without limitation, for its hosting and related services as specified in the Order and all other fees incurred by the Customer related to supplemental services including, but not limited to: professional, consulting, or support services supplied by Epiphany1. These services and fees are outlined at www.Epiphany1.com.

4.1 Measuring Usage - Epiphany1 will measure usage of the Services in accordance with Epiphany1 policies and practices in effect from time to time.

4.2 Charges - Monthly Base Fees will be charged in advance and Usage Fees and Support Fees will be charged in arrears.

4.3 Fee Changes - Epiphany1 may increase or decrease any of the Customer Fees by issuing a notification email at least thirty (30) days in advance of such changes.

5. Customer Obligations
Customer shall at all times comply with and help ensure that their clients comply with the terms of the current version of the Acceptable Use Policy (AUP) posted here. Customer agrees that Epiphany1 may amend the terms of the AUP from time to time by posting a new or different version of the Acceptable Use Policy at www.Epiphany1.com. The Customer shall include the terms and conditions set out in the Acceptable Use Policy in an Acceptable Use Policy with its own clients.

6. Epiphany1 Obligations

6.1 A 99% Uptime Guarantee - Epiphany1 endeavors to provide the most reliable network infrastructure possible to its Customers. To Customers in good financial standing with Epiphany1 we guarantee that our network is available 99% of the time in a given month, excluding scheduled maintenance. The network is defined as all network infrastructure excluding the services and software running on your server. Network downtime is measured from the moment the Customer notifies a Epiphany1 support representative of a network failure to the time the Customer's server responds to an external "ping" request. Notification of network failure must occur at the time of the outage and not after the fact. If network downtime is the result of: a) scheduled maintenance b) circumstances beyond Epiphany1's reasonable control, including, but not limited to: war, fire, flood, sabotage, labour disturbance, acts of government and c) breaking this Agreement or Epiphany1's Acceptable Use Policy, Epiphany1 can not be held responsible.

6.2 Temporary Suspension - The Customer agrees that it may be necessary for Epiphany1 to temporarily suspend Services for technical reasons or to maintain the Epiphany1 network, the Equipment or any other facilities, the timing of which will be as determined by Epiphany1. Such suspension of the Services will not be an "interruption" of the Epiphany1 Services for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.

6.3 Emergency Suspension - Epiphany1 may interrupt the Epiphany1 Services at any time for any duration of time, without penalty or liability for any claim by Customer, where necessary to prevent improper or unlawful use of the Epiphany1 Services, Epiphany1's service facilities or connections or Epiphany1's network.

6.4 Daily Backups - Epiphany1 offers daily backups of critical data files. We make every effort to ensure the reliability of this process. However, because of technical issues regarding backups on live servers and the possibility of data corruption on backup and restore, Epiphany1 cannot guarantee any data can be fully restored. The Customer will hold Epiphany1 without penalty or liability for any claim resulting from a failed backup and/or restore procedure. Our restore service is for the entire server and cannot be performed on a per domain basis.

7. Termination of Agreement
If Customer breaches any of its obligations under this agreement then Epiphany1 may terminate this agreement by giving Customer notice of termination, which termination will take effect when notice is given.

8. Limitation of Liability
Customer acknowledges and agrees neither Epiphany1 nor any of its members, shareholders, directors, officers, employees or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement. If, despite the foregoing limitations, Epiphany1 or any of its shareholders, directors, officers, employees or representatives should become liable to Customer or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of Epiphany1, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by Customer to Epiphany1 for one month of service under this agreement.

9. Indemnity
Customer will indemnify and save harmless Epiphany1 and its members, shareholders, directors, officers, employees, agents, contractors, and representatives from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against Epiphany1 or any of its members, shareholders, directors, officers, employees and representatives in connection with Customer's negligence, activities or omissions, or breaches of its obligations under this agreement, including claims brought by a person using or relying upon any advice given or publication produced and distributed by Customer.

10. Governing Law
This agreement shall be interpreted in accordance with and be governed in all respects by the laws of the United Kingdom. The courts of the United Kingdom shall have non-exclusive jurisdiction to entertain any action or proceeding brought by the parties in connection with this agreement or any alleged breach of this agreement. The parties each attorney irrevocably to the jurisdiction of such courts.

11. Customer Acknowledgment
Customer acknowledges that it accepts all risk of any unauthorized or illegal use of the Epiphany1 Network or any inter-connected network by third parties. Epiphany1 will use reasonable commercial efforts to assure a reasonable level of security for its network, however it provides no warranties, makes no representations, and accepts no liability for the unauthorized or illegal access or interference with the Customer's network unless such access or interference is caused by the intentional unlawful acts of Epiphany1, its agents or employees.

12. Electronic Commerce
The Customer is solely responsible for all aspects of their online store or e-business. This includes, but not limited to:

• The accuracy of statements and materials related to your products and/or services.
• The accurate calculation and application of shipping and sales tax.
• Processing Customer orders, inquiries and complaints.
• Maintaining the confidentiality of your Customer's credit card numbers and private information.
  

13. IP Address Ownership
All IP addresses remain the property of Epiphany1 and if necessary can be altered or exchanged with 24 hours notice by email or other means for the purposes of network management. This is very unusual and is normally only done at the request of an upstream provider.