for Antamedia HotSpot
SSL registration and domain hosting facilities are provided by Marc Smith Consulting and subject to the following Standard Service Agreement.
1. GENERAL - This Agreement ("Agreement") is between the firm of Marc Smith Consulting and the customers, ("Customers") of their services, ("Services"). The parties agree as follows.
2. SERVICES - Subject to the terms and conditions of this Agreement, Marc Smith Consulting will provide services, ("Services") to the Customer. These Services will comprise either: (i.) The Services detailed in the published list of services offered by Marc Smith Consulting from time to time and made available through their Internet web site, (www.hotspotssl.net) or other associated web-sites; OR (ii.) Such other Services, offered by Marc Smith Consulting from time to time, not described in the published list of services, but detailed in a separate written proposal, ("Proposal") prepared by Marc Smith Consulting and submitted to the Customer; OR (iii.) Such other Services, offered by Marc Smith Consulting from time to time, not described in the published list of services, but outlined in verbal discussions between the Customer and Marc Smith Consulting and confirmed by a subsequent Order, ("Order").
The specific plan of Services to be provided initially to the Customer shall be as detailed above and thereafter as established through correspondence between Customer and Marc Smith Consulting.
3. REJECTION - Marc Smith Consulting reserves the right to reject any Order from a Customer for any or no reason.
4. TERM & RENEWAL - The initial term of this Agreement ("Initial Term") will reflect the specific Services provided to the Customer. The Initial Term shall begin upon commencement of Services to the Customer and payment to Marc Smith Consulting in accordance with Section 5 below.
After the Initial Term of an Agreement involving ongoing Services, the Customer will have the option to renew the Agreement for successive terms of length as mutually agreed with Marc Smith Consulting, ("Renewal Period"). The option to renew will be notified to the Customer approximately 30 (thirty) days before the expiry of the Initial Term. Marc Smith Consulting will provide a fixed price quotation, which reflects their current pricing for the Services required during the Renewal Period. Marc Smith Consulting will only renew the Agreement on receiving written confirmation from the Customer and payment to Marc Smith Consulting. The Initial Term plus all successive Renewal Periods shall be collectively referred to as the "Term."
Complimentary domain names supplied under Marc Smith Consulting's own domain, [hotspotssl.net] are provided strictly for use within the Hotspot application made by Antamedia for the sole purpose of SSL authentication. No ongoing rights are implied or granted for the continued use of any third level name nor may the name be used for any other but the intended purpose.
5. FEES AND PAYMENT - Marc Smith Consulting may at any time amend the Services and/or the rates and fees it charges for Services. All fees rendered or provided to the Customer shall be in accordance with either: (i.) The price list then in effect and detailed in the published list of services offered by Marc Smith Consulting from time to time and made available through their internet web site, (www.hotspotssl.net) or other associated web-sites; OR (ii.) The price quoted in a separate written proposal prepared by Marc Smith Consulting and submitted to the Customer; OR (iii.) The price quoted in a verbal discussion between the Customer and Marc Smith Consulting and confirmed by a subsequent Order.
All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Marc Smith Consulting) shall be paid by Customer.
6. REFUNDS - No refunds are available to a Customer for Services agreed to be provided.
7. CONTENT & CUSTOMER RESPONSIBILITY - Marc Smith Consulting will not be responsible for any errors or omissions in converted or published material. Marc Smith Consulting will exercise no control whatsoever over, nor have any responsibility or liability for the content of the information contained on web sites, e-mail or any other media provided by a Customer and hosted or passing through any computer network utilised by Marc Smith Consulting. Furthermore, Marc Smith Consulting shall make no effort to validate any information passing through its network for content, correctness, usability or for any other reason.
8. TRADEMARK ABUSE - Prior to requesting Domain Name Registration as part of the agreed Services, the Customer explicitly asserts that to the best of their knowledge, they are not abusing any trademark or any other statutes. If in doubt, the Customer should seek independent legal advice. In addition to the general indemnity provided under Section 11, the Customer specifically indemnifies Marc Smith Consulting in respect of action arising out of any dispute between a trademark owner and a Customer. Marc Smith Consulting cannot arbitrate between two disputing parties over a Domain Name and Customers are advised that procedures for disputes are already in place with the Internet naming authorities.
9. NO WARRANTY - The Customer agrees to use all Services and facilities provided by Marc Smith Consulting and any information obtained through or from Marc Smith Consulting at the Customer's own risk.
The Customer acknowledges and understands that neither Marc Smith Consulting, nor any of its partners, employees, representatives, agents or the like, warrant that the Services offered or provided hereunder will not be interrupted or be error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Agreement. Where permitted by law, Marc Smith Consulting specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the Service it is offering or providing hereunder.
Marc Smith Consulting reserves the right to utilise a range of third party Internet service providers and related services as part of the Services provided under this Agreement. Marc Smith Consulting will not be responsible for any loss or damages caused by any failure of a third party provider.
10. LIMITED LIABILITY - Under no circumstances, including negligence, shall Marc Smith Consulting, its partners, officers, agents or anyone else involved in creating, producing or distributing Services be liable to a Customer or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages, that result or have alleged to have resulted from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorised access to Marc Smith Consulting's records, programs or services. Marc Smith Consulting further shall have no responsibility whatsoever to the Customer or any third party for the accuracy or quality of information obtained through or in connection with its Services. Notwithstanding, the Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, delict including negligence, or otherwise, shall not exceed the aggregate amount which the Customer paid to Marc Smith Consulting during the 12 (twelve) months immediately preceding the claim or the term of this Agreement, whichever is less.
11. INDEMNIFICATION - The Customer shall defend, indemnify, save and hold Marc Smith Consulting harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable legal fees, compensatory damages, punitive damages, trebled damages, and statutory damages (hereinafter "Liabilities") asserted against Marc Smith Consulting, its partners, agents, customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by Customer, its agents, employees or assigns or any product distributed, offered or sold by Customer, its agents, employees or assigns.
11. PROHIBITED USES - The customer shall not use, nor permit the use by any person of the Customer's Web space, e-mail or any part thereof, including any links to other Web space, in violation of these Terms and Conditions. Services provided by Marc Smith Consulting may NOT be used for any illegal purpose.
12. THIRD-LEVEL DOMAIN NAME - At the sole discretion of Marc Smith Consulting, the domain name HOTSPOTSSL.NET may be used to provide Customers with a third-level domain name for the purpose of SSL certificate registration. Use of this third level domain may only be used in conjunction with the HotSpot server software made by Antamedia and may only be used for the duration of a non-espired SSL certificate and/or Service provided through Marc Smith Consulting. HOTSPOTSSL.NET and all third-level names remain the sole property of Marc Smith Consulting.
13. TERMINATION - This Agreement may be terminated: (i.) By either party, without cause, by giving the other party 30 days prior written notice; (ii.) By Marc Smith Consulting, at any time, upon 20 days prior notice if in the sole judgement of Marc Smith Consulting, Customer breaches any material provision of this Agreement and has not cured same by the end of the 20 days; (iii.) By Marc Smith Consulting in the event of non payment by the Customer as provided in Paragraph 3 above; and (iv.) By Marc Smith Consulting, at any time, without notice, if, in Marc Smith Consulting sole judgement, the Customer is in violation of any terms or conditions of the Usage Policy.
14. ACCEPTANCE - The customer acknowledges that they have received and reviewed a copy of these Terms and Conditions. Marc Smith Consulting reserves the right to amend these Terms and Conditions from time to time and the Customer shall be bound by any such amendments. The Customer shall have the obligation to periodically visit the Marc Smith Consulting Web Site, (www.hotspotssl.net) to review these Terms and Conditions and to make certain the Customer is in full compliance therewith.
15. NOTICE - All notices must be sent either in writing or by email. All notices to Marc Smith Consulting shall be delivered to its address stated above or its email address as provided. All notices to the Customer shall be delivered to its mailing address or email address as provided. The parties may change their respective address by notice delivered to the other party.
16. MISCELLANEOUS - This Agreement sets forth the entire agreement between Marc Smith Consulting and the Customer with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the parties. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect. The Customer may not transfer or assign this Agreement without prior written consent from Marc Smith Consulting. The laws of England shall govern this Agreement and all claims concerning this Agreement shall be brought exclusively in courts located in England. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defences concerning said forum. The Customer is deemed to have agreed to this Agreement, when commencing use of any of Marc Smith Consulting's services.