Vella.Web Terms and Conditions
Vella.Web - Web hosting with a personal touch
1. General Terms. In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions: 1.1. Customer agrees to pay, in advance of each annual service term, for hosting services to be rendered.
1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order Vella.Web’s service for a certain minimum period of time.
1.3. Non-Payment of services shall result in a 7-day notice of disconnection. All payment failures must be cured within 7 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 30 days.
1.4. Vella.Web is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for Vella.Web’s services.
2. Agreement for Services. 2.1. Vella.Web will provide, and Customer will purchase and pay for, the Web hosting services (the “Services”), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.
3. Payment. 3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to Vella.Web.
3.1.1. Customer must pay in full for the Services before Vella.Web begins to provide the Services to Customer.
3.2. Payment is due on the defined annual recurring billing date of each year. Service will be interrupted on accounts that reach 7 days past due. Accounts that are not collectable by Vella.Web may be turned over to an outside agency for collection.
4. Delinquent Accounts. Vella.Web may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which Vella.Web may be entitled under this Agreement or under applicable law.
5. Account Cancellation. Customers may voluntarily cancel their account at any time, for any reason or for no reason, by contacting Support. Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees. PayPal paying customers cancelling their PayPal subscription payment does not warrant cancellation of service. All cancellations must go through us. Customer can terminate their account for any reason or for no reason. Vella.Web will refund any full unused months on cancellation if the customer is paying monthly. If the customer is paying annually, it will be up to Vell.Web's discretion if a refund is to be made.
6. Refunds and Disputes.
All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in Vella.Web's sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service. Without waiving any of its other rights under this Agreement, Vella.Web offers to its Customers a 14-day money-back guarantee on fees for hosting services only (the “14-Day Guarantee”). If for any reason you cancel your account by contacting support within fourteen (14) days of the beginning of your service, Vella.Web will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 14-Day Guarantee. If you have ever previously obtained a refund under the 14-Day Guarantee, your account will be canceled, but no money will be refunded to you. Please note that the amount refunded to you will be the amount you paid for hosting services only, and will not include any of the following fees: Setup fees,
Fees for domain name registrations - Domain fee's can be found on the order page and will be excluded from any refund given. If no domain name was registered or transferred at the time of purchase, a full refund of the hosting package will be provided.
Fees charged for exceeding your allotted disk storage space or bandwidth,
SSL certificate fees,
Web design fees,
Web site marketing fees,
Any add-on services, features, software, and
Any other fees for services involving a third party.
The 14-Day Guarantee is subject to all of the following limitations: You are entitled to a maximum of one (1) 14-Day Guarantee.
If you do not cancel your account within fourteen (14) days of the beginning of your service, your right to the 14-Day Guarantee shall expire forever and may not be revived under any circumstances, without the prior express written approval of Vella.Web.
You may not transfer or assign the 14-Day Guarantee to any third party.
You agree that you will not circumvent the restrictions on the 14-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:
Creating multiple accounts, using the same customer name or different customer names;
Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
Knowingly providing false or misleading information when you register for your account; or
Requesting a refund under the 14-Day Guarantee at any time after you have already received a refund under that guarantee.
If you violate any provision of any of the following policies of Vella.Web, you will not be eligible for the 14-Day Guarantee:
Terms and Conditions;
Acceptable Use Policy (AUP); or
No-Spam Policy (NSP).
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 14-Day Guarantee. The 14-Day Guarantee applies to your first order of Web hosting services from Vella.Web and does not apply to any changes to your service at any time. 7. Customer agrees not to engage in any activity that violates any international or local laws applicable to the service terms described in this Agreement. 8. Vella.Web reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following: 8.1. the Acceptable Use Policy, or 8.2. the No-Spam Policy.
9. Backups. 9.1. In order to allow us to provide the best service to you, Vella.Web accounts are backed up daily and weekly. However, these backups are intended for Vella.Web’s administrative purposes only, to allow us to provide excellent service to our customers. As part of its commitment to first-rate customer service, Vella.Web always seeks to create complete and accurate backups of customer accounts. 9.2. Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. THEREFORE, VELLA.WEB DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups. 9.3. Customers are responsible for maintaining their own backups on their own personal computers or other computers. 9.4. Vella.Web does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that Vella.Web’s backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of Vella.Web or any of its employees or agents, and regardless of whether Vella.Web had been informed of the possibility of such malfunction, or any fault or negligence that might cause it. 9.5. In the event that you need to recover data from a backup, Vella.Web will use reasonable efforts to restore data to your account from the appropriate backup. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE BACKUPS. AGAIN, VELLA.WEB DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF ITS BACKUPS. 9.6. You understand and agree that Vella.Web’s backup policy does not create any warranties for whose breach Vella.Web can be held liable.
- Customer agrees to defend, indemnify, and hold harmless Vella.Web, and the parents, subsidiaries, successors, assigns, employees and agents of Vella.Web against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
- VELLA.WEB SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF VELLA.WEB’S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR 11.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
- VELLA.WEB PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. VELLA.WEB DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND VELLA.WEB SHALL HAVE NO LIABILITY THEREFOR.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, VELLA.WEB DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
- VELLA.WEB DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.
- No Waiver of Rights by Vella.Web. Any failure by Vella.Web to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of Vella.Web’s rights.
- Entire Agreement. This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and Vella.Web, and supersedes any prior or previous agreements between you and Vella.Web with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which Vella.Web notifies you from time to time, pursuant to this Agreement.
- Force Majeure. Vella.Web shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of Vella.Web.
- Severability of Terms of this Agreement. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.
- Limitation of Actions Arising Under this Agreement. Any cause of action you may have with respect to Vella.Web’s performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.
- Denial of Service Vella.Web reserves the right to refuse or discontinue service to anyone at our sole discretion.