This agreement ("Agreement") is between
WebTelep Hosting, ("WebTelep") and the customer ("Customer")
specified in the order form annexed herein by reference ("Order").
The agreement is made effective as of the order date.The parties
agree as follows:
Overview
This agreement is intended to cover any and all web hosting services
provided by WebTelep and received by the Customer. This agreement contains
the entire understanding between WebTelep 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 WebTelep and Customer. Customer acknowledges and agrees
that its entire right relating to WebTelep 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, WebTelep 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, WebTelep may expand or contract the scope of the WebTelep 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 WebTelep 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 WebTelep, 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 WebTelep. These
services and fees are outlined at www.WebTelep.com.
 4.1 Measuring Usage
- WebTelep will measure usage of the Services in accordance with WebTelep
policies and practices in effect from time to time.
4.2 Charges
- Base Fees (Every Month, Every 3 Month, Every 6 Month and Yearly)
will be charged in advance and Usage Fees and Support Fees will
be charged in arrears.
4.3 Fee Changes
- WebTelep may increase or decrease any of the Customer Fees by issuing a
notification 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. Customer agrees that WebTelep 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.WebTelep.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. WebTelep Obligations
6.1 99% Network
Uptime Guarantee - WebTelep will provide 100% uninterrupted transit to
the Internet to all hosting customers who have purchased said service from
WebTelep. Should transit to the Internet become unavailable for a cumulative
period up to one hour in any one calendar month, Customer will receive a refund
equivalent to one day of Customer's pro-rated Recurring Monthly Fees for that
month.
This agreement does not cover outages caused by server component failure, equipment and/or events
outside our facility. This Service Level Agreement does not cover outages due to scheduled or
emergency network and/or facility maintenance, which will be broadcast to all customers in advance.
Any and all refunds to Customer will not exceed 50% of the Customer's Recurring Monthly Fees
for the month in which the refund is paid.
6.2 Performance Guarantee
- WebTelep will maintain its network in such a manner as to provide to all
customers the best possible performance to the Internet. In order to achieve
this WebTelep makes the following guarantees to all paying customers:
- 99% guaranteed uninterrupted transit to the Internet
- Zero packet loss internal to WebTelep network
In addition to the above performance guarantees, WebTelep will take
all possible measures to insure all Customer traffic reaches its destination in a timely fashion
comparable and within reason to any other carrier in the area. These measures include the manipulation
of routing tables so as to direct traffic to the Internet using its best possible upstream link.
6.3 Temporary Suspension
- The Customer agrees that it may be necessary for WebTelep to temporarily
suspend Services for technical reasons or to maintain the WebTelep network,
the Equipment or any other facilities, the timing of which will be as determined
by WebTelep. Such suspension of the Services will not be an "interruption"
of the WebTelep Services for the purpose of calculating network availability
or the Customer's entitlement to credit for network interruption.
6.4 Emergency Suspension
- WebTelep may interrupt the WebTelep 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 WebTelep Services, WebTelep's service
facilities or connections or WebTelep's network.
7. Termination of Agreement
If Customer breaches any of its obligations under this agreement then
WebTelep may terminate this agreement by giving Customer notice of termination,
which termination will take effect after notice is given.
8. Limitation of Liability
Customer acknowledges and agrees neither WebTelep 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, WebTelep 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 WebTelep, 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 WebTelep for
one month of service under this agreement.
9. Indemnity
Customer will indemnify and save harmless WebTelep 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 WebTelep 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 Hungary. The courts of Hungary 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 WebTelep Network or any inter-connected network by third
parties. WebTelep 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 WebTelep, 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 WebTelep 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.
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