Please review our service agreement to become familiar with the terms of service for the majority of our services such as, but not limited to, consulting, design, development, maintenance, management and custom / complex hosting configurations, which supplements the standard hosting agreement.
This Agreement sets forth the Standard Terms and Conditions that apply to the use of Mirahost's professional services.
YOUR PAYMENT FOR AND USE OF MIRAHOST SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE.
Terms and Conditions
You agree to familiarize yourself with these terms, and abide by them if you choose to use the services to which such terms apply.
You represent and warrant that you, as the person legally responsible for all use of Mirahost's services, are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to enter our service agreement, and the agreement must be made by a parent or legal guardian, in their own name. You agree to supply Mirahost with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card or method of payment that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
Terms of Payment and Termination
The payment terms very by the service being offered and will often be stipulated for each specific service. Payment for services indicates your agreement to the specific terms of payment and termination.
- Complex / Custom Hosting
Hosting fees are invoiced before the coming service term, which means services are prepaid. Unless specified otherwise, these hosting agreements, even if paid for on a monthly basis, are based on annual service terms. 30 days written notice is required to be received before the annual renewal date to terminate this service agreement. If such notice is not received, or other terms are not arranged before that date, the service will renew on its annual anniversary date, which is the service start date. Any cancellation after this point will require the full payment of the pro-rated remainder of time in the service year.
- Application and Web Design / Development
Payment terms for such services are disclosed in the respective design / development proposal. Generally, the payment terms are 50% of the total project cost due before the start of the project and the remaining balance due before the final project delivery. Larger projects may have its own payment terms specified in the project's detailed development scope and proposal guide. Upon acceptance of said proposal, which is confirmed by the initial payment, you agree to pay the entire amount of the proposal cost regardless of your decision to see the project through. This means you are agreeing to the entire scope of the project and to make the entire total of specified payments, regardless of your change of plans or intentions.
- Application and Website Management and Maintenance
The scope of such services will be specified on a per project basis and detailed in the service offering proposal. Payments for such services are always billed at the end of the monthly service cycle. This means services are post-paid and due immediately upon receipt, with the exception of the first payment, which indicates the acceptance of these terms. Termination of these services requires 60 days written notice, otherwise 60 days service fees will be invoiced after the final invoice is submitted. The final invoice will be sent at the end of the current service month. Mirahost reserves the right to terminate this agreement with you by providing you with 30 days of intent to quit.
- Project Management
Payment terms for such services are disclosed in the respective project management proposal. Generally, the payment terms are based on a percentage of the estimated total project cost, with a defined initial payment due before the start of the project and the recurring payment due each month. These projects will often have payment terms specified in the project's detailed development scope and proposal guide. Upon acceptance of said proposal, which is confirmed by the initial payment, you agree to pay the entire amount of the estimated project management fees, regardless of your decision to see the project through. This means you are agreeing to the entire scope of the project and to make the entire total of specified payments, regardless of your change of plans or intentions. In some cases the project will extend beyond the estimated timeline and recurring payment is due until the project is determined to be complete.
- Consulting Arrangements
Such arrangements will have payment / fee schedules defined in the consulting proposal. Payments for such services are always billed at the end of the monthly service cycle. This means services are post-paid and due immediately upon receipt, with the exception of the first payment, which indicates the acceptance of these terms. Termination of this service requires 60 days written notice, otherwise 60 days service fees will be invoiced after the final invoice is submitted. The final invoice will be sent at the end of the current service month. Mirahost reserves the right to terminate this agreement with you by providing you with 30 days of intent to quit.
Payment for the above mentioned services may be made by check in U.S. currency or the equivalent value of Bitcoin, Ethereum, Litecoin, or Monero, if the amount is greater than $500 USD. Otherwise credit card may be used, and is required for recurring hosting payments. Mirahost accepts American Express, Discover Card, Master Card and Visa. If you pay by credit card, you agree to provide Mirahost with current billing and contact information and authorize Mirahost to bill all account and related charges to the credit card on file. You further agree that until and unless you notify Mirahost of your desire to cancel any or all services received, based on the specified termination terms, those services will be billed on a recurring basis. You agree that prepayments will be billed and charged automatically, that Mirahost may apply the amount due to the provided card at any time, and will issue absolutely no refunds. If your credit card is denied for any reason on the first attempt, we will automatically attempt to resubmit such a card within ten business days of the original attempt. Should the card be denied again, we may terminate the account. All files within the account may be deleted on termination. You may notify us in advance not to bill your card, and to provide for alternative billing arrangements.
Users will have fifteen (15) days of due period to make payment. After fifteen (15) days of due period, Mirahost will charge an additional twenty-five ($25) dollars. After forty-five (45) days of due period, Mirahost will terminate or delete your account.
No receipts or invoices will be sent by regular mail.
All accounts are setup and billed on an anniversary basis.
Mirahost reserves the right to change prices at any time.
All payments are to be made in U.S. currency or the equivalent value of Bitcoin, Ethereum, Litecoin, or Monero.
Mirahost will charge a twenty five ($25) dollar processing fee on all returned checks, a twenty five ($25) dollar processing fee on all wire payments and a fifty ($50) dollar processing fee for each individual chargeback. Mirahost will immediately suspend your account upon receipt of a chargeback. Mirahost will charge a five ($5) dollar credit card resubmission fee if a credit card is declined more than twice within any given year.
The above mentioned services have no refunds and all payments are final.
Disclaimer of Warranties / Limitation of Liability
THE MIRAHOST SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MIRAHOST EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE MIRAHOST SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MIRAHOST, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL MIRAHOST, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE MIRAHOST SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE MIRAHOST SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MIRAHOST RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT MIRAHOST IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM MIRAHOST AND ITS AFFILIATES.
UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
Copyright and Trademarks
All contents of the Mirahost Web Site are proprietary to Mirahost, and/or its suppliers and are protected under Copyright. All rights are reserved. Mirahost reserves any rights not expressly granted herein.
Furthermore, Mirahost retains all rights to the web design provided to you through the Mirahost Hosting Services.
If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of Mirahost, Mirahost is unable to perform in whole or in part its obligations as set forth in this Agreement, then Mirahost shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make Mirahost liable to the User.
Hawaii law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the State of Hawaii or to any Federal Court located within the State of Hawaii.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration before the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New , as the parties to this agreement agree to be governed by the laws of Hawaii. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in California necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney's fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in the state of Hawaii with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party.
Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to one thousand ($1000) dollars.
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
You agree to defend, indemnify and hold harmless Mirahost against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorneys' fees) or claims caused by or resulting indirectly from your use of the Mirahost service, without limitation or exception, including your violation of any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with.
You agree that your sole and exclusive remedy to any issues relating to the Mirahost Hosting Service is to discontinue using the Service.
In the event of a merger or consolidation of Mirahost, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supersedes any prior Agreements between the parties with respect thereto.
The failure of Mirahost to enforce a provision of this Agreement shall not be construed as a waiver or limitation of Mirahost's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Modification of Terms
Mirahost reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the Mirahost Web Site. You are responsible for regularly reviewing these documents. Continued use of the Mirahost Services after any such changes shall constitute your consent to such changes. Mirahost does not and will not assume any obligation to notify you of any changes to these Terms.