Service Agreement

Payment

In exchange for the Services’ provision, the Client will make advance payments to Vivihosting.com according to the amounts specified in Vivihosting.com customer database. These figures may be adjusted periodically and will cover the Services throughout the duration of this Agreement.

The Client bears responsibility for all activities and associated charges arising from their utilization of the Services. The Client consents to cover all expenses, including fees, bandwidth charges, connect time charges, surcharges, and other charges outlined in the monthly billing statement. In case of a security breach, the Client remains accountable for any unauthorized usage of the Services until the Client informs Vivihosting.com by sending an email containing their account details to sales@Vivihosting.com.

The current rates for utilizing the Services can be found on our website at www.vivihosting.com. Vivihosting.com maintains the authority to modify existing fees and surcharges or introduce new fees without prior notice. Furthermore, Vivihosting.com may introduce special trial offers occasionally, and these will be detailed in the confirmation letter sent to the Client upon signing up. All hosting services renew automatically.

Responsibilities

Vivihosting.com will offer the Client Vivihosting.com hosting services, as outlined on www.vivihosting.com. Vivihosting.com possesses the authority to oversee and determine the approach, process, and method through which the hosting services are executed. Throughout the term of this Agreement, Vivihosting.com will supply the Client with a reasonable level of technical support through email or LiveChat.

“Uptime” pertains to the duration during which the Services are accessible, as determined exclusively by Vivihosting.com internal monitoring systems. We will not acknowledge third-party uptime monitoring systems as valid proof for compensation claims. “Downtime” signifies the duration when the Services are not accessible, as gauged solely and exclusively by Vivihosting.com internal monitoring systems. Vivihosting.com commits to ensuring a 99% uptime for networking and service connectivity on an annual basis.

Responsibilities of client

The Client affirms and guarantees the following: (i) the Client is at least eighteen (18) years old, (ii) the Client possesses the legal capacity and authority to enter into this Agreement, and (iii) the execution of the Client’s responsibilities and the use of the Services by the Client, its customers, and users will not infringe upon any relevant laws, regulations, or rules, nor lead to a breach of any agreements with third parties, or unreasonably disrupt the use of Services by other Vivihosting.com Clients. The Client assumes all risks associated with transaction processing in electronic commerce. The Client also agrees to provide Vivihosting.com with precise, complete, and up-to-date information required for registering the Vivihosting.com hosting service (Client Registration Data), including the Client’s legal name, address, telephone number(s), and relevant payment details (such as credit card number and expiration date).

The Client is accountable for covering all expenses, charges, and fees imposed by third parties in connection with the provision of Services. These expenses encompass, but are not restricted to, the fees associated with registering and upkeeping domain names, which are subject to a separate agreement between the Client and a third-party domain name registrar.

The Client is prohibited from utilizing the Services to transmit unsolicited advertising, promotional materials, or any form of solicitation to Vivihosting.com clients or other Internet users, unless explicit consent has been obtained from these individuals. Additionally, the Client must not employ unsolicited advertising methods to promote a website hosted on the Vivihosting.com network. Furthermore, the Client is not allowed to collect or “harvest” usernames of Vivihosting.com clients or other Internet users without their prior expressed consent. Vivihosting.com retains the right to block or filter bulk email solicitations sent from websites hosted on the Vivihosting.com network.

Management of site

The Client holds sole responsibility for all the content accessible on or through its website and must adhere to the terms outlined in this Agreement, Vivihosting.com standard Terms of Service (“TOS”), and any generally applicable guidelines and service standards provided by Vivihosting.com. The Client affirms that its website hosted on the Vivihosting.com network will:

(i) Comply with the Vivihosting.comt TOS attached as Exhibit A; (ii) Not infringe upon, or contain any content that infringes upon, any third-party copyright, patent, or other rights; and (iii) Not include content that contravenes any relevant laws, rules, or regulations.

Vivihosting.com is not obligated to manage or oversee the content available on any site hosted on the Vivihosting.com network, including the duty to review it. Vivihosting.com maintains the right to block any website that violates the aforementioned terms, or which, at Vivihosting.com sole discretion, is deemed objectionable, offensive, or in violation of any law or Vivihosting.com policy.

The Client commits to utilizing the Services exclusively for legal purposes and in alignment with the terms specified in this Agreement. The Client will consistently adhere to all relevant laws and regulations, as well as the Terms of Service (TOS) as periodically updated by Vivihosting.com. The TOS are considered an integral part of this Agreement and are incorporated herein by reference. Vivihosting.com reserves the right to modify the TOS with prior notice, which may be conveyed by posting the updated TOS on the Vivihosting.com website. The Client affirms that they have read and comprehended the latest version of the TOS.

Unless otherwise specified, any work conducted by Vivihosting.com in the context of this Agreement is the exclusive property of Vivihosting.com, and all rights, title, and interest therein shall be vested in Vivihosting.com. In cases where, due to legal provisions, the title to such works may not automatically vest in Vivihosting.com, all rights, title, and interest are hereby unconditionally assigned to Vivihosting.com. These materials are the exclusive property of Vivihosting.com, and Vivihosting.com holds the right to secure and maintain copyrights, trademarks, registrations, or any other appropriate protections in its name, including extensions and renewals thereof. The Client agrees to provide reasonable assistance, at the expense of Vivihosting.com, to perfect the rights as delineated in this paragraph, as requested by Vivihosting.com or any designated individual.

Limitation of liability

Limitation. In the event that any limited guarantees are provided by Vivihosting.com, such limited guarantees are null and void if Client fails to follow Vivihosting.com TOS and other policies or otherwise breaches this Agreement in any respect.

Vivihosting.com conducts nightly backups of WordPress Hosting servers for administrative purposes. It’s important to note that these backups are not guaranteed in any way. Customers are responsible for maintaining their own backups on their personal computers. In the event that backups fail to function correctly, even if it results from negligence on Vivihosting.com part, we do not offer compensation for lost or incomplete data. While we strive to ensure comprehensive and accurate backups, we do not accept responsibility for this function. It is always advisable to back up your site to your personal computer. Please be aware that we cannot guarantee the availability of backups.

No Other Warranty. Vivihosting.com does not monitor or exercise control over the content of the information transmitted through its facilities. The use of the Services or any information obtained through them is undertaken at the Client’s own risk. The Services are provided on an “as is” basis, and the Client’s utilization of the Services is at their own risk. Except as explicitly provided in the order form(s), Vivihosting.com does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and title. This disclaimer extends to any warranties arising from a course of dealing, usage, or trade practice. Vivihosting.com does not represent or warrant that the Services will be uninterrupted, error-free, or completely secure.

Disclaimer of Actions Caused by and/or Under the Control of Third Parties. Vivihosting.com lacks the ability to regulate the transmission of data to or from the Vivihosting.com network and other sections of the Internet. The efficiency of this data flow heavily relies on the services provided or managed by third parties. On occasion, the actions or inactions of these third parties may hinder or interrupt the Client’s Internet connections (or parts thereof). Vivihosting.com cannot assure that such occurrences will not happen. Therefore, Vivihosting.com disclaims any and all liability stemming from or associated with these events.

Indemnification

The Client consents to indemnify, defend, and safeguard Vivihosting.com and its affiliates, agents, employees, and licensors (including third-party service providers) from any and all claims, demands, losses, costs, or expenses, including attorney’s fees, brought forth by any individual as a result of the Client’s contravention of this Agreement, state or federal securities laws or regulations, or any other person’s rights, including but not limited to copyright infringement or violation of proprietary or privacy rights.

Under no circumstances, including but not limited to negligence, shall Vivihosting.com or its affiliates, agents, employees, or licensors (including third-party service providers) be held liable for any damages of any nature arising from the utilization of, or the inability to utilize, the Services, even if any such party has been alerted to the potential for such damages.

In no circumstance will Vivihosting.com or its third-party service providers be held liable to the Client or any third party for any tort, contract, or any other form of liability arising in connection with the use of the Services or reliance on any information or services provided by Vivihosting.com. Vivihosting.com and its third-party service providers shall, under no circumstances, be liable to the Client and/or any third party, irrespective of the nature of the action, for any loss of profits, goodwill, use, data, or other intangible losses, or for any direct, indirect, special, consequential, incidental, or punitive damages of any kind, even if Vivihosting.com or its third-party service providers were informed about the possibility of such damages. These damages may result from:

(i) The use or inability to use the Services; (ii) The timeliness, deletion, misdelivery, or failure to store any user data, communications, or personalization settings; (iii) The cost of obtaining substitute goods and services, resulting from any products, data, information, or services purchased or obtained, or messages received, or transactions entered into through or from the Services; (iv) Statements or conduct of anyone on the Services; (v) The use, inability to use, unauthorized use, performance or non-performance of any third party, even if the third party was previously advised of the possibility of such damages; or (vi) Any other matter related to the Services.

The Client agrees not to hold Vivihosting.com responsible in any way for any selection or retention of, or the actions or omissions of, third parties (including third-party service providers) in connection with the Client Services.

Termination

This Agreement may be terminated by either party at any time during any Renewal Term for any reason or without providing a reason, with the condition that either party gives the other no less than five (5) days’ prior notice of termination via email. Upon termination, all payment obligations of the Client under this Agreement for Service(s) provided up to the date of termination will immediately become due. The Client will also be required to prepay for any portion of the Services that have not been paid for and are scheduled to be provided during this five (5) day notice period.

GENERAL

At Vivihosting.com, we consistently prioritize treating our customers with the highest level of respect. In return, we anticipate the same courtesy from you. If our staff perceives that you are consistently engaging with them in a disrespectful or impolite manner, we may suspend your account, and you may be requested to seek hosting services elsewhere. In the event that we terminate service due to support abuse, customers will be provided with a ten (10) day notice period to find an alternative hosting provider.

Vivihosting.com and its affiliates, agents, employees, or licensors (including third-party service providers) shall not be held responsible for failing to fulfill any obligation under this Agreement if such failure is due to circumstances beyond the reasonable control of the party, including but not limited to events such as fire, flood, strikes, other industrial disturbances, transportation failures, accidents, wars, riots, insurrections, acts of God, or orders from governmental agencies. Performance will resume as soon as feasible after the cessation of such causes. Nevertheless, if the inability to perform persists for a duration of fifteen (15) days, the other party may terminate this Agreement without incurring any penalties or further notice.