Terms & Conditions Agreement
For customers utilizing website development, website hosting, or other digital marketing services provided by Hallmark Digital Technologies Limited / Hallmark Digital.
Last Updated: August 02, 2021
The following are terms of services for website hosting, domain registration, and website development services provided by Hallmark Digital Technologies Limited (“Hallmark”). The customer shall provide a billing address and any other information necessary for Hallmark to maintain website hosting and registration services. Any information not provided upon signup will be requested by Hallmark and provided by the customer. Signature on our order form, or submission of an online order for service, indicates agreement to these terms of service.
1. Website Hosting Payment Terms: Billing for website hosting service will commence when the website hosting service is created, prior to the development of a new website project. Billing for all other recurring services will also commence when the service is created. Although Hallmark provides website development, website hosting, and website maintenance under one entity, these services are billed separately and are treated as such. An active and fully paid-up website hosting account is required in order to commence a website development project and to commence a website maintenance and management project. Website hosting services are automatically invoiced indefinitely [usually monthly or annually] for an equivalent period unless terminated by either Hallmark or the customer as outlined below. Payment is due on a preassigned day of the current month’s hosting service. Termination of website hosting services with Hallmark requires a 30-day advance notification in writing. If the customer chooses to activate their domain name through Hallmark, their domain name registration will expire with their hosting service. A significant portion of Hallmark’s operating expenses are denominated in USD, and its prices are also quoted in USD. Hallmark will also convert its prices to JMD for the convenience of customers who pay in JMD. In light of this and the volatile nature of the USD/JMD exchange rate, Hallmark reserves the right to review and to change the USD/JMD exchange rate for transactions by notifying customers 60 days in advance of the effective date of the change. Hallmark also reserves the right to cancel and to refuse its hosting service at any time.
2. Website Hosting Pre-Payment Terms: Hallmark may offer a discount for paying an entire year of hosting service upfront. Refunds will not be issued in the case that a customer cancels their hosting service before the period they have prepaid for.
3. Payment Terms Website Development: Hallmark requires a minimum of 50% downpayment on all website development and design services. Downpayment on website development is non-refundable, and the downpayment amount may be modified at Hallmark’s discretion. The final balance is due upon the completion of the website development project. If Hallmark is developing a website that is not also hosted by Hallmark, the final payment for the project must be received prior to the project launch or the relinquishing of ownership to the customer. Should a development project span more than 30 days, the customer will receive progress billing in the amount of at least 25% of the remaining balance each month, beginning on day 30 of development. Ongoing website maintenance and management [and updates] for a website hosting customer are billed on the same calendar day of the billing date for hosting each month.
4. General Payment Terms: Payment is due upon receipt of an invoice for all services unless otherwise specified on that specific invoice. Accounts are in default and will be suspended [that is, experience service interruption] if payment is not received 7 days after the invoice date. If the customer pays by a cheque that does not clear, the customer is immediately in default and subject to a returned cheque charge of US $35.00. Such service interruption, in any case, does not relieve the customer from the obligation to pay the monthly charge. Accounts in default are subject to an interest charge of US $5.00 or 10% per month on the outstanding balance, whichever is greater. If Jamaican law does not allow an interest rate of 10% per month, the maximum allowable rate for the country will be charged. If you default, you agree to pay Hallmark its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
5. Content Responsibilities: The customer is responsible for all content posted or stored on their web hosting space. Hallmark exercises no control over the content or information contained on the servers used for hosting. Hallmark will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. Hallmark is not responsible for backing up data or recovering data in case of loss on the customer’s behalf. There are no warranties expressed or implied for the services that Hallmark provides or the software used by the customer.
6. Service Interruptions: Hallmark is not responsible for interruptions of service beyond its control. This includes interruptions by its suppliers, natural disasters, or acts of God.
7. Account Credentials: The customer agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a customer believes that his user ID or password has been compromised, the customer agrees to contact Hallmark immediately via email.
8. Governing Laws: Hallmark’s corporate office is located in St. Andrew, Jamaica. This agreement will be performed in and governed by the laws of Jamaica. Any claims or legal action arising out of this Service Agreement must be instituted within one year after the claim or cause has arisen. Hallmark reserves the right to discontinue service for violation of any of the conditions of this service agreement. All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.
9. Third-Party Networks: Any access to other networks connected to Hallmark’s network must comply with the rules appropriate for that other network.
10. Disk Storage and Bandwidth: Hallmark will monitor the customer’s current disk storage and bandwidth. If usage exceeds the amount registered for, Hallmark will contact the customer in an attempt to make an arrangement for additional resources. If the customer does not respond or is unable to be reached, Hallmark shall have the right to take corrective actions for exceeding resources. Such actions may include assessing additional charges, increasing service plan, temporarily discontinuing services, or terminating the current agreement. If the customer feels that more disk storage is required, it is the customer’s responsibility to contact Hallmark via email (firstname.lastname@example.org) to discuss options for increased disk storage.
Hallmark prohibits website hosting customers from participating in pirating unlicensed software, pirating mp3 files, listing hacker programs or archives, hosting warez websites, pornography, and personal files. The customer agrees to indemnify and hold Hallmark harmless from any claims resulting from his/her use of Hallmark’s services that damages the customer or another party. Use of Hallmark’s web hosting and email services to send Unsolicited Commercial E-mail (UCE or “SPAM”) is strictly prohibited and may be cause for immediate account termination. The customer agrees to pay Hallmark any reasonable expenses, including attorney and system administration fees, incurred in responding to complaints and damages caused by the action of sending Unsolicited Commercial E-mail.
12. Adherence to Proposal: It is the responsibility of the customer to review in full all proposals for website development, website design, and other digital marketing and -related services provided by Hallmark. Should services or resources fall above the scope of the original proposal, Hallmark reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall above the scope of the original project is due prior to development and upon receipt, at Hallmark’s discretion.
13. Project Timeline: It is the responsibility of the customer to review the project timeline and adhere to the dates for deliverables on their part. Failure to meet deadlines imposed by Hallmark will result in the delay of the project, or risk putting the project on hold. Projects are considered on hold once Hallmark is expecting a response from the customer via email. Hallmark may invoice the customer for additional resources should the delay of a project interrupt Hallmark’s workflow. Indefinite delay of a project may result in project termination, and a new development agreement must be reached prior to restarting the project. Down payments for services are non-refundable, and will not be returned to the customer should a project be delayed or terminated as a result of the customer failing to adhere to the project timeline.
14. Administrative Access: To prevent malware installation on our servers, full administrative access to a WordPress installation on Hallmark’s hosting services will not be granted to customers. Customers may request access to specific features of a website, and access may be granted at Hallmark’s discretion.
15. Website Copyright:
A. Custom Websites: The copyright on a custom website is transferred to the website purchaser after full payment has been received for the website. If copyright transfer has been processed, the customer may receive a full backup of their website upon cancellation. This backup will include the entire file structure in a .zip file and, if applicable, an SQL file containing the MySQL database dump.
B. Semi-Custom Websites: WordPress login credentials are not available to customers who purchase subscription or layout websites. The copyright on semi-custom website development is transferred to the website purchaser after two (2) years of active subscription service. If a semi-custom website and subscriptions are paid for in advance, the copyright is transferred upon full payment for website development. If copyright transfer has been processed, the customer may receive a full backup of their website upon cancellation. This backup will include the entire file structure in a .zip file and, if applicable, an SQL file containing the MySQL database dump.
16. Website Go Live and Access: A project is considered complete when full development scope has been reached, and the project is approved by the customer. Should the customer request changes beyond what was agreed to in the original proposal, Hallmark may complete these changes at an additional cost. Once a project is considered complete, the customer has 5 business days to launch the website or to provide Hallmark with the credentials necessary to bring the website live. Failure to launch a website within one week of completion of the project may delay the go-live date and may incur additional expenses at Hallmark’s discretion. Once a project is complete, all changes requested will fall under Hallmark’s standard website maintenance schedule, which is a one-year contract that is treated and billed separately. Account access to the website and written or verbal training, as agreed to in the initial proposal, will be granted only after the final payment for the project is received by Hallmark.
17. Termination/Cancellation Policy: Hallmark requires a 30-day notice prior to cancelling a website hosting account. For some of our business website solutions, where the cost of development is broken down into monthly payments rather than a full upfront development charge, a two-year minimum contract is required. If any of these services is cancelled early, the final balance on the remaining months of service becomes due. Two years of consecutive service must be paid for copyright release, or to receive a copy of your website files or an administrative login. Upon cancellation, you will be sent a bill with your final balance (up to 30 days after email notification) after your cancellation request. At the time of cancellation, all website files, email accounts, and emails will be deleted from our server; you are responsible for backing up or requesting a backup of these files should you need them for future use.