Premium Services Agreement

Definitions

  • You, Your, Client
    • means the natural person, company or other legal entity purchasing services from us
  • Us, We, Our, Fire Lite
    • means Fire Lite LLC, a company registered in California, United States.
  • Plan(s), Services Plan(s)
    • is arbitrarily denoting one of many plans that may be defined here.
  • Hosting Plan(s), Hosting Service, Hosting, Host
    • is arbitrarily denoting one of many hosting plans that may be defined here.
  • Web Hosting Plan(s), Web Hosting, Managed Hosting, Managed
    • includes Web Hosting Ember, Web Hosting Bonfire, Web Hosting Campfire, and other web hosting plans we offer.
  • Forum Hosting Plan(s)
    • includes Forum Hosting Ember, Forum Hosting Bonfire, Forum Hosting Campfire, and other forum hosting plans we offer.
  • WordPress-Level Security Service
    • refers to website security option specific to select hosting plans.
  • Support Plan(s)
    • is arbitrarily denoting one of many support plans that may be defined here.
  • Web Support Plan(s)
    • specifically refers to support plans for website related work
  • Design Support Plan(s)
    • specifically refers to support plans for design related work
  • Web + Design Support Plan(s)
    • specifically refers to support plans for website and design related work
  • Server, Webserver, Web Server
    • the underlying operating system and installed software used to operate most services offered by us. This may be a Virtual Private Server or physical server which is used by one or many clients.
  • Load Balancing
    • the hardware, software or service used to distribute traffic between multiple servers
  • Shared Hosting
    • a service where multiple websites reside on one or more servers
  • SSL Certificate
    • a digital certificate which is used to securely authenticate and encrypt Internet traffic
  • Certificate Authority
    • an entity which issues SSL Certificate’s
  • Domain name or domain
    • a unique name which identifies a web site or email address, such as firelite.co.
  • Invoicing system
    • web-based application hosted on Fire Lite’s web server that processes or aids in processing electronic invoices which can be accessed by logged-in clients through the Client Area
  • Client Area
    • status page or control panel where client can view, interact, respond, approve, comment, request support, and perform other actions related to current and past projects engaged with Fire Lite via http://firelite.co/accounts/client_area
  • Ticketing System
    • submit or view tickets at http://firelite.co/accounts/client_area for subscribed support plans
  • Support Ticket or Ticket
    • a written communication method transmitted via emailand also accessible via our ticketing systems used for discussion between you and us
  • Business Day
    • any day which is not a Saturday, Sunday or a public or bank holiday in United States
  • WHOIS
    • a publicly accessible database containing details about the owner of a domain name or IP address
  • Domain Name Registry, Domain Registry, ICANN
    • the entity responsible for maintaining registrations of a domain name database
  • Domain Name Registrar, Domain Registrar
    • a business entity that is a ICANN verified partner, which has permission to issue domains directly to customers or distributors
  • Domain Name Provider, Domain Provider
    • the business entity that sold you your domain name
    • entity may be a domain registrar or distributor
  • Subscription Period
    • a time period starting when your service is provisioned and ending usually 1 month or 1 year after the start date
  • Renewal Date
    • the anniversary of your subscription, usually 1 month or 1 year after your subscription period begins
  • IP Address
    • a unique string of numbers which identifies network devices connected to the Internet
  • IPv4 ­ version 4 of the Internet Protocol as used on the Internet
  • IPv6 ­ version 6 of the Internet Protocol as used on the Internet
  • Regional Internet Registry or RIR
    • an entity which manages the allocation and distribution of IP addresses and AS numbers in a particular region of the world
  • USD or $
    • the official currency of the United States of America, the United States dollar
  • Scheduled Maintenance
    • Any service maintenance which results in service disruption which was performed with more than 24 hours’ notice broadcast widely via our website, client area, status page or social media for any reason but usually for security updates, bugfix updates, to improve service features and functionality or for operational reasons.
  • Emergency Maintenance
    • Any service maintenance which results in service disruption which was performed with less than 24 hours or no notice for reasons such as but not limited to urgent security updates, operational reasons, for reasons outside of our control or if instructed to by a competent legal authority. We will always communicate this to you in advance wherever possible.
  • Storage, SSD Cloud Storage, Web Storage, Disk Storage, Data Storage
    • means the virtual location of where your data is kept and accessed.
  • Transfers, Data Transfers, Bandwidth
    • means the maximum calculated size of transmitted data allowed per monthly cycle.
  • Quota(s)
    • is arbitrarily denoting one of many quotas that may be defined here.
  • Monthly Storage, Storage Quota(s), Data Quota(s)
    • means the maximum calculated size of data stored allowed on host per monthly cycle.
  • Monthly Transfer(s), Monthly Bandwidth, Bandwidth Quota(s)
    • means the maximum calculated size of transmitted data allowed for host per monthly cycle.

Agreements

  • This Agreement incorporates the following sub-agreements in full:
  • For any custom orders or any other design or developer work not included in any of the Hosting or Support Plans you will additionally sign a Proposal, or Statement of Work (SOW), which incorporates this Agreement and all sub-agreements and where any conflict exists between the Proposal or this Premium Services Agreement or any sub-agreement the Proposal shall prevail;
  • Where any conflict exists between any other clauses or agreements it is at our sole discretion which clause shall prevail;
  • Any reference to this Agreement shall be interpreted to mean this Premium Services Agreement and all sub-agreements which it incorporates, and the Proposal which this Premium Services Agreement may be incorporated in;
  • By accepting this Agreement you are confirming that you are legally authorized to act on behalf of the legal entity described above or are acting as a natural person;
  • We will use reasonable endeavors to display these agreements each on one or both of our websites at firelite.co/legal but you are responsible for requesting any agreements from us which you are unable to access on our websites;
  • Terms of this Agreement is subject to change without notice; You are free to terminate this Agreement between Fire Lite and you (the Client) anytime, however, termination and cancellation policies may still apply.
  • Acceptance of this Agreement may be performed electronically when opening an account or ordering a subscription with us online by checking a box in your web browser, by using our services, by continuing to use our services after being notified that this new Agreement will begin to apply to you, or by signing a Proposal electronically or in writing.

Promotional Offers

  • We may occasionally give free months of service for any of our service plans as part of a sponsorship or promotion.
  • We do not provide warranty for any of these sponsored offers (“giveaways”, “freebies”, “free”).
  • We reserve the right to terminate any of these service plans anytime without a specific reason as permissible by law.
  • Discounts may be offered for promotional purposes and will be honored for the its period of validity.

Hosting Plans

General

  • We are committed to offering a reliable, high quality service for our Hosting Plans by providing hosting management, but it may sometimes be necessary for us to restart your services without prior notification during emergency maintenance. Except where operational reasons prevent, we will schedule maintenance in advance if it is likely to cause disruption to your service or puts service at-risk, and will communicate this to you;
  • As a hybrid of shared hosting and managed hosting, this is an unprotected multi-tenant service you will be sharing a physical server with one or more other clients. We will take all reasonable steps to prevent and mitigate against service instability and outages caused by other clients’ websites but due to the nature of the service cannot provide any guarantees.
  • We include technical support and management service with all Hosting Plans. We are not responsible for providing any support beyond the scope of this policy except at our discretion;
  • We reserve the right to upgrade any software installed on a server at any time for reasons such as, but not limited to, installing security patches, bug fixes, providing you with technical support or to ensure compatibility between software;
  • We will take all reasonable precautions to maintain server and network security, but due to rapid emergence of new or unidentified threats, including those within your remit, we cannot take responsibility for any security breach;
  • We do not provide root or administrator access to any clients for any reason in order to ensure we are fully aware of the configuration of your server which allows us to maintain the highest quality of service;
  • You acknowledge that software in general is not error-free and may be prone to bugs. We will use all reasonable efforts to ensure that we provide stable software, but in some cases this may not be possible. You agree that the occurrence of errors in the software we use does not constitute a breach of this Agreement on our part.
  • We do not provide SSH access to hosting service clients for any reason.
  • We may provide FTP access to hosting service clients for reasons we find fit.
  • We will usually provision new subscriptions immediately on receipt of cleared payment in full, but sometimes it is necessary for manual checks to be performed before the order is processed. In all cases we will attempt to provision the order or contact you to request additional information within 1 business day. In the unlikely event that we are unable to provision your services within 1 business day for operational reasons we will attempt to notify you of the delay and will complete provisioning at the earliest possible opportunity. You are exceptionally entitled to request a refund after 1 full business day if we have not provisioned your order due to operational delays. We are not responsible for any delays outside of our control such as those caused by information not being promptly provided from your side and will be unable to provide a refund in such cases.

Domain Names

  • We do not take any responsibility nor offer any registration, transfer, renewal, management, account, usage, nor any other types of support for any domain names linked to any of our hosting services. Please refer to your domain provider’s terms and conditions.

Domain Name Linking

  • In order to activate and use any of our Hosting Plans, you must link your domain name to our web server. This can be done by updating the A Record IP address in your domain’s DNS with our provided web server IP address. Your DNS most likely can be accessed through your domain provider’s control panel.
  • You may request for technical assistance in linking your domain name to our web server, free of charge.

SSL Certificates / SSL Encryption

  • Included in the SSL Encryption option, we will register, renewal, and manage SSL certificates for hosting accounts with the option selected.  We add trust to your website transactions with Comodo SSL. Monthly SSL Encryption subscription fee applies.

Installing Your Own SSL Certificate

  • If you have selected the SSL Encryption option AND you have your own pre-purchased SSL Certificate you wish to use for your website hosted with us, you may request for us to install your SSL certificate free-of-charge provided that it is issued by a Certificate Authority in response to a certificate request placed with us via any accepted method.  Monthly SSL Encryption subscription fee applies.
  • We do not take any responsibility nor offer any registration, transfer, renewal, management, account, usage, nor any other types of support for any SSL Certificates linked to any of our hosts that are were not purchased by us.   If you have purchased your own SSL Certificate, please refer to your SSL Certificate provider’s terms and conditions.

PCI Compliance Scanning and Trust Marks

  • Features and availability may vary by vendor and are not guaranteed. You accept responsibility for independently verifying applicable feature availability and acknowledge that although our description of these services is accurate to the best of our knowledge it remains subject to change by the vendor.

WordPress-Level Security Service

  • As we always provide many areas of support to our hosting plan subscribers, this security service is designed to add a whole new level of protection for you against cyber criminals.
  • We are committed to actively defend your WordPress installation, increase security parameters, patch vulnerabilities, and protect your sensitive data by means of learning new defense techniques and developing stronger security measures.
  • Because of the vast growing number of the internet-based attacks, we can unfortunately cannot guarantee your WordPress installation’s full protection from intrusion, theft, or any other cyber activities but only decrease the chances of occurrences.

Monthly Storage and Transfers

  • Most Hosting Plans will have set Storage and Transfers pre-allocated.
  • Hosting Plans are designed to host most personal, small business and organization websites, thus, we may on occasion offer unlimited bandwidth, unlimited monthly transfers, unlimited data transfers, unlimited disk space, or unlimited websites. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the operation of your website, provided it complies with this Agreement. In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS or dedicated server through us or a third-party vendor, or we may take action to restrict the resources your website is utilizing.

IP addresses

  • We may provide dedicated IPv4, IPv6 or both types of IP address for hosts on our server, in most situations, for issuing SSL certificates.
  • Where IP address is stated without a version, we may be referring to either IPv4, IPv6, or both at our sole discretion.
  • We may remove any IPv4 or IPv6 address assigned to your subscriptions if they are not used in accordance with rules by the Regional Internet Registry who issued the IPv4 or IPv6 address. This currently includes AfriNIC, APNIC, ARIN, LACNIC and RIPE NCC but shall also include any supplementary or successor organizations responsible for assignment, allocation, and or policy.
  • You must be using at least 80% of your existing IPv4 addresses on a subscription before requesting any additional IPv4 addresses from us.
  • We may remove any IPv4 address assigned to you if you are not using at least 80% of your IPv4 addresses within 45 days of these being assigned to your subscription.
  • IPv4 and IPv6 addresses can only be used on the subscription they are assigned to, and are not transferable to other services held with us.
  • IPv4 and IPv6 addresses are to be used on our servers only and will not be transferable to another network for any reason.
  • Only IPv4 and IPv6 addresses provided by us can be used on your services with us.
  • We cannot usually customize IPv4 or IPv6 registry database information upon request but may consider such requests on a case-by-case basis.
  • We may provide submit your account contact information to any Regional Internet Registry subject to their requirements to display in their IP WHOIS database, or supply such information using a RWHOIS server.
  • We may request a usage report from you to confirm which IPv4 or IPv6 addresses are being used by you and for what purpose and you are obligated to reply within a maximum of 14 calendar days. This is required for us to be able to validate that such IPv4 or IPv6 addresses are used in accordance with RIR rules. If we determine that IPv4 or IPv6 addresses are not being used in accordance with Regional Internet Registry rules, or you do not respond to our usage report request, our sole remedy is to remove the applicable IPv4 or IPv6 addresses from your subscription. We may reallocate such IPv4 or IPv6 addresses to another subscription or account immediately without further notice.

Invoicing, Ordering and Payments

General

  • All of our charges for services, one-time items and any type of penalty fees are exclusive of any applicable sales tax, value added tax (VAT) or other tax or duty, which may be imposed by any relevant taxation authority. Proof of your VAT registration status or tax domicile may be required in order to determine the applicable taxes.
  • When any chargeable services are ordered or renewed, one-time items ordered or penalty fees are due we will raise a pro-forma or full fiscal invoice on your account. This must be paid by the due date except where pro-forma invoices are cancelled or full fiscal invoices paid by a credit invoice by us for any reason.
  • Any payments submitted to us will be added to your account and may be automatically or manually applied to any open orders or invoices. Once a pro-forma invoice has been paid we will raise a full fiscal invoice which will be available via your invoicing system and emailed to the invoicing contact registered to your account inside our invoicing system or when registering in our store.
  • All of our hosting and support plans are subscription-based and will automatically renew at the end of your invoicing period (usually monthly or annually) for a period equal to the previous full (not pro-rata) invoicing period unless a invoicing period change was requested via our invoicing system or invoicing team via our ticketing system or if you requested service termination in accordance with our termination policy. If you have a specific invoicing day set on your account, we will pro-rate your subscriptions to your invoicing day and then renew subscriptions on your invoicing day wherever possible.
  • We may change your pricing for any services at any time by serving at least 30 calendar days notice prior to your renewal date, except where our termination policy requires more than 15 calendar days notice of termination in which case we will notify you at least 30 calendar days before the latest date you may submit a termination request. Where insufficient notice is given, the new pricing will begin from the following renewal date;
  • We move clients to new hosting plans only upon request, or after giving them notice of this, we do not automatically move clients to new plans under any circumstances if we introduce comparable plans with different pricing without at least 30 calendar days notice or your express consent. You may opt­-out of such changes, but this may require you to terminate your subscription with us if we are unable to maintain your original hosting plan.
  • We may take written (e.g. email, live chat, text) or verbal (e.g. telephone, voicemail, in person) agreement to order any services.
  • We reserve the right to refuse new service or renewal of a service to any person, organization or other entity for any reason.
  • We may perform a search in relation to you or your company officers in a credit reference database before processing any order or service upgrade or renewal, and keep a copy of the results on file subject to our privacy policy.
  • You agree to ensure your account details and all contact information are kept up-to-date in our invoicing system and that such information may be used for any commercial or operational reasons subject to our privacy policy.

Invoicing Disputes

  • If you believe in good faith that any invoicing charges are incorrect, you must notify us immediately by contacting our invoicing team via our ticketing system. We will investigate the issue and reply to you within 5 business days. Once we send a reply we will either:
    • If we accept or partially accept the dispute: we will cancel a pro-forma invoice or if an invoice was already issued we will issue a credit invoice and apply it to your account. If you do not accept our decision or believe it is still incorrect we will allow you 5 business days to appeal.
    • If we do not accept the dispute: we will notify you that we do not accept the dispute and allow you 5 business days to appeal.
    • If you appeal a manager will review your dispute and make a final decision within 5 business days which cannot be further disputed.
    • If you do not appeal against our decision or after a dispute is closed by a manager then your payment is due within a further 5 business days after which time our late payment penalties will apply from the original due date of the payment.
  • You will check all pro-forma invoices and standard invoices within 30 calendar days and will be deemed to have agreed to the charges if you did not dispute the amount using our dispute process prior to this date.

Payments

General

  • We reserve the right to discontinue acceptance of any payment method at any time, without prior notice, and do not guarantee that all payment methods will be available at all times. We will endeavor to notify you in advance of any changes.

PayPal

  • For all of our Plans, we require clients to subscribe and pay through PayPal.  In order for us to provide the highest level of customer service, Plans payments will automatically recur based on the selected billing cycle (monthly or yearly) until the client cancels.  If at any point you wish to cancel a subscribed service Plan, you can do so by submitting a cancellation request via the ticketing system or email.  You may also cancel payment directly through PayPal’s control panel.  Upon request, we will act as promptly as we can to fulfill your request, while it may take up to 5 business days to process.
  • For other work invoiced, you can submit a payment via PayPal from within our invoicing system. This payment will be added to your account and can be applied to any outstanding invoices or orders.
  • When setting up a PayPal payment we may offer you the option of pre-­approving future payments to us. This option allows us to automatically invoice your PayPal account. If you do not wish to authorize us to automatically invoice your account you can simply leave this box unchecked and submit manual payments via PayPal or another payment method. We will mark this payment method as to be used for recurring payments and also to be used for manual payments (such as if we raise an invoice for an SSL certificate) ­ you can opt­-out of either of these at any time by canceling the authorization through PayPal control panel.
  • For all PayPal payments we deem these to have cleared as soon as they arrive in our account, which is typically instant for standard PayPal payments and 5-10 days for eCheck payments.

Credit or Debit Cards

  • We may offer credit or debit card payments through our invoicing system on a per-instance basis.
  • You can submit a payment via most major credit or debit cards (such as those issued by Visa, MasterCard and American Express) from within our invoicing system.
  • The pay with credit card button in our invoicing system will redirect you to a secure page that is using the Stripe (third-party credit card gateway) API, which is a PCI Compliant payment services provider, where you can enter your credit or debit card details without the full card number being revealed to us. By default you authorize us to automatically invoice your credit or debit card for future payments, though all credit or debit card payments paid directly through our invoicing system are one-off payments.
  • Payments via credit or debit cards are usually deemed to have cleared as soon as they have been processed by our bank but may be subject to banking delays.
  • You agree that if you or your credit or debit card issuer attempt to chargeback a payment made to us, for any reason except if we are in breach of this Agreement, you authorize us to invoice you an additional chargeback fee of $75 (seventy-five dollars). We may pursue payment of this fee by any legal means including charging any payment method setup on your account for automated payments or through a collection agency.
  • You are responsible for all reasonable fees including, but not limited to, collection agency fees, court costs and legal consulting fees.

Bank Transfers

  • Bank transfers are available with prior agreement only;
  • Bank transfers include payments via Automated Clearing House (ACH) and other Electronic Fund Transfer (ETF) methods.
  • We accept the following Bank Transfer methods:
    • Square Cash (preferred method)
    • Wells Fargo SurePay
    • Dwolla
  • Bank transfers are deemed to have cleared on the same or next business day after they arrive in our account;
  • All payments must include a reference number to allow us to correctly identify and allocate your payment correctly:
    • your account number(s) if you would like the payment to be allocated to your account(s) towards any orders or pro-forma invoices at our discretion;
    • your pro-forma invoice number(s) if you would like the payment to be allocated towards one or more specific invoices.
  • You are solely responsible for ensuring that your payment has been applied to your account or subscriptions correctly which can be reviewed via our invoicing system or by asking our invoicing team via our ticketing system;
  • We will charge a payment processing administration fee $15 (fifteen dollars) if the value of your bank transfer is less than $100.00 (one-hundred dollars);
  • For any bank transfers recalled by your bank or an intermediate bank we will charge a recalled bank transfer fee of $25 (twenty-five dollars);
  • We will only credit your customer account by the amount credited to our bank account after any deductions made by your bank, intermediary banks, our bank, and any additional payment processing administration fees;
  • If we are unable to identify the account holder we will hold the payment in our bank account without any interest payable for a period of 180 calendar days during which you may contact our invoicing team via our ticketing system to attempt to identify the payment. If you do not contact us during this period the payment will be irrecoverable;
  • Your payment must be made in the same currency as your account. Payments received in other currencies may incur additional administration charges and are subject to the applicable exchange rates in use by our bank.
  • Although, we will usually send payment requests during invoicing, but it is ultimately your responsibility to ask us for our payment account information in order to pay your invoices on-time.

Check

  • Payment by check is only available with prior agreement;
  • Only checks issued by a US bank in USD, in payment for a customer account operated in USD will be accepted;
  • We may apply a check to your account when we receive the check or once the check has cleared, at our sole discretion. We are not responsible for your services becoming overdue and being suspended or terminated during this period and strongly recommend that check payments are paid well in advance to avoid this;
  • For any check payments returned or later recalled by your bank we will charge a returned check fee of $25 (twenty-five dollars);
  • We will charge a processing fee of $15 (fifteen dollars) before crediting the amount to your account if the value of the check is less than $100.00 (one-hundred dollars) (the processing fee will be paid first by the check, and the remainder can be applied to services).

Refunds and Credits

  • Upon cancellation of this Agreement or of any of our services, we do not issue refunds. For any service credits we decide to issue within the scope of this Agreement or at our sole discretion we will apply credit to your account with us to be used towards other services.

Credit Terms

General

  • We reserve the right to immediately suspend or terminate any services which become overdue, though may offer a grace period before doing so.
  • Charges will continue to accrue for suspended services, and you will not be liable to receive any service period extension, credit, compensation, or refund due to the service suspension.
  • We may request an advance payment towards any one-time services requested by you. Any invoices raised for one-time services after the services are provided are due within 7 days or all subscriptions in your account may be suspended and late payment fees applied.
  • Payment in advance is required for all recurring services ordered, but we may offer more flexible credit terms to an account at our discretion with prior agreement and sufficient volume.

Overdue Payments

  • Your payment is considered overdue if cleared payment is not received in accordance with the credit terms for your service or account. You should contact us immediately if you experience any difficulties submitting your payment on time to determine if we can offer a grace period;
  • Late payment fees for overdue fees corresponding to pro-forma or full fiscal invoices will accrue additional penalties at a rate of 1% of the original amount per day with a minimum amount depending on the number of days overdue as outlined below:
    • 1 ­ 29 days overdue: $25 (twenty-five dollars);
    • 30 ­ 59 days overdue: $50 (fifty dollars);
    • 60 or more days overdue: $175 (one-hundred seventy-five dollars).
  • Late payment fees form part of the overdue amount owed and become due immediately once the original overdue amount is paid and late payment fee calculated. The late payment fee must be paid in full before service is reinstated if service is suspended, or otherwise to avoid subsequent service suspension;
  • If we pass your account to a debt recovery agent any costs added by the agent such as their service fees or any applicable court fees or similar may be added in addition to the late payment fees in this Agreement;
  • You are solely responsible for ensuring that we are paid on time for any service renewals, even if we do not notify you in advance of the renewal;
  • We may pursue payment of any overdue charges by any legal means including charging any payment method setup on your account enabled for payments or automated recurring payments.

Suspension & Termination

  • We may suspend or terminate your subscription or at our discretion suspend or terminate all subscriptions in your account if:
    • any subscription or one-time invoice in the account is in arrears, whether or not the subscription in question is arrears;
    • you exceed your agreed resource limits;
    • you breach this or any other agreement with us;
    • we need to perform scheduled or unscheduled maintenance;
    • not doing so would cause or likely cause disruption to the service of other clients;
    • we believe it would be illegal to continue providing you service;
    • we learn you have become insolvent, enter administration or we have a genuine belief you may not honor any outstanding credit arrangements which are in place;
    • instructed to by a competent legal authority which is binding upon us.
  • Termination requests must be submitted via our ticketing system or email for your security. Any requests not submitted via this method will not be processed and we will treat it as if we had not received a termination request at all;
  • Any termination request must be submitted in advance of the start of your next subscription period by at least the number of days in the Termination Period, or your subscription period will automatically renew;
  • The Termination Period is as follows:
    • Hosting:
      • 30 days for any other service which renews automatically on a subscription basis.
    • Web Support, Design Support:
      • 30 days for any other service which renews automatically on a subscription basis.
  • You will not be able to terminate a subscription if your account is in arrears;
  • If we suspend a service for any reason, we will restore service no later than the end of the next business day following you notifying us, and us agreeing, via our ticketing system that you have resolved the matter which caused us to suspend your service.

General

  • You must be at least 18 years old or of legal age to accept a legally binding contract with us in your country, whichever is higher, in order to subscribe to any of our services;
  • You agree to us using your company name and logo for marketing or pre-sales contact with third-parties and to participate in any case study we create about your use of our services. If you prefer that we ask you on a case-by-case basis for using your company name and logo you must notify us of this preference by sending written notice to our registered office and should agree to not unreasonably withhold any authorization with respect to case-by-case requests we may make;
  • We like to share informal customer appraisal with our prospective clients so they can appreciate genuine raw customer feedback for our work. You agree we may quote on our website and or other marketing materials informal feedback provided to us within tickets providing that we remove any sensitive or confidential information prior to publication. In accordance with our privacy policy we will never publish your name or email address with quoted feedback without obtaining explicit approval on a case-by-case basis;
  • You are solely responsible for remaining within subscription limits, whether or not we notify you for exceeding such limits;
  • Resale of our services is allowed, but we will only deal with you as our direct customer. If an indirect customer comes to us for support, we will make reasonable efforts to put them in touch with you by using the email address on file with us (unless otherwise instructed with a replacement email address or telephone number) but may inadvertently provide a degree of assistance to the customer for which we accept no responsibility. We take no responsibility for anything relating to service provision or liability to any end-user. You indemnify us against any actions the end-user takes and must ensure the end-user is legally bound by these terms and conditions;
  • We will not verify that any material you store on your website is legal, usable, correct or complete;
  • We reserve the right to change our legal agreements anytime without prior notice; although, we will endeavor to notify you in advance of any changes. Your sole remedy for not accepting a new version of these agreements is to keep our current agreements and terminating your subscription at the earliest possible opportunity in accordance with our termination policy (a notice period is usually required).
  • When you receive access to software or hardware for which you are paying one-off, on a subscription basis, or receive bundled with a hosting plan or provided separately, you do not receive any ownership rights for the software or hardware. You also agree with any license agreement for the specific software and to use it for the purpose intended by or accepted by the software developers;
  • You will immediately notify us if you become aware of any unauthorized or illegal use of our services;
  • We do not give any rights to third parties as part of this contract;
  • You agree not to assign any of your rights from this Agreement, and any associated agreements including any Proposals with any third-party, without our prior written consent. Such consent may be requested by contacting our invoicing team via our ticketing system and may be accepted at our sole discretion. Any assignment will require that the newly assigned party agrees to comply with all of the terms of this Agreement.
  • Agreement is governed by the law and courts in United States except where another competent legal authority who is binding upon us forces us to use one of their courts.

Liability

  • We make no guarantee as to the proper functioning of the service we provide;
  • We make no assertion that the service is fit for any specific purpose;
  • We are not liable for any consequential loss, cannot assist in assessing this, and do not insure against it;
  • You are not allowed to use the service for life support or anything where failure of the service may cause loss of life/serious injury;
  • You agree that you accept full liability for any patent infringement incurred as a result of using any software or services we provide to you. If you report any patent infringement to us we will endeavor to provide you with alternative software or services and to cease offering any affected software or services if operational and commercial circumstances allow this;
  • Any insurance policies we have do not cover any loss or theft of customer data or software, however caused. You are responsible for arranging and bearing the cost of any and all insurance you require prior to ordering and for the duration of any service provided by us for which you require insurance. We will provide reasonable assistance in providing information from our side to accommodate this, but may apply a fee at our discretion if the information required is significant;
  • Our maximum liability to any customer is 100% of the monthly cost of the affected subscription (pro-rated if not usually invoiceed monthly) if not further limited by another clause;
  • Any claim must be notified within 10 business days in writing to us.

Congratulations! You’ve reached the end. Thanks for taking the time to learn about Fire Lite’s policies.