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Tiger Computer
Systems
Service Terms & Conditions Agreement
This agreement is between Tiger
Computer Systems (PROVIDER) and the party as
specified in the Paypal payment on-line application
and/or the party who hired the services of Tiger
Computer Systems (CLIENT).
Tiger Computer Systems - Design Terms and Conditions
1. Website design, Business Card, Flyer,
Logo design, and software development services only.
This agreement covers the web design, software
development, website services, web hosting, web
maintenance services, and any website related matter
related to the PROVIDER’s company and with relation
of the involved party (CLIENT). Other services by
the same PROVIDER are available at
www.TigerComputerSystems.com and are subject to
another agreement. |
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2. Professional design services (flat
fee). Includes any plan offered by PROVIDER
available at
www.TigerComputerSystems.com Those are
discounted services based on preliminary designs.
CLIENT has the right to choose from the preliminary
designs on non-exclusive basis offered or presented
by PROVIDER. The design service includes
customization of the web site with client’s name,
logo, text, images and colors; however, the
discounted price does not include customizations and
modification to the initial design. |
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3. Policies. CLIENT agrees to
abide by PROVIDER’S "Acceptable use policy" and
"Copyright infringement policy". PROVIDER reserves
the right to change the policies from time to time
to reflect the dynamic nature of the Internet. Both
policies are available on-line at any time or as a
hard copy by request only. |
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4. Limitations. There are
certain limits to each plan. Those include number of
pages, number of color schemes, number of
coordination steps, number of items in the shopping
card etc. PROVIDER has explained the terms and
listed the limitations at his web site. CLIENT
agrees to abide by those limitations. CLIENT agrees
to pay additional fee if he chooses to exceed such
limitations. PROVIDER will not100% CLIENT about such
extra charges and will proceed only with CLIENT’s
approval. |
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5. Custom design (per hour charge).
CLIENT has the option to order any kind of web
design, software design, software programming, logo
design on a full custom basis. In this case customer
pays per hour. The hourly rates are listed at the
web site. Some custom work carries minimal hours.
CLIENT understands that design is not exact science
and that results may vary. CLIENT trusts PROVIDER
based on his own research, review of previous work
etc. CLIENT will be responsible for the payment of
the hourly fees regardless how satisfied or
unsatisfied with the result he is. Estimates may not
be accurate. CLIENT pays per actual hours not per
estimate. CLIENT may set limits and the work will
stop when the limit is reached. |
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6. "Add on". PROVIDER offers a
number of standard “add on” features at flat rate.
CLIENT agrees to pay such flat rate for the feature
“as is”. If client requires additional features he
agrees to pay for the extras on per hour basis. |
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7. Ownership. License to use.
PROVIDER grants to CLIENT one license to use any of
the aforementioned products including but not
limited to professional designs, custom designs, add
on products, software, e-commerce stores, data base
designs etc. One license means installation at one
domain for the design and installation and use of
one instance of the software. |
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8. Maintenance. PROVIDER is
offering and CLIENT has the option to subscribe for
web site maintenance services. Maintenance plans
vary depending on the needs of the CLIENT. The
maintenance plans are based on monthly fees and may
very according your needs with specific time and
amount of labor. |
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9. Tiger Computer Systems logo placement.
CLIENT agrees the text and link “Contact the
webmaster at
Tiger Computer Systems” to be placed at the
bottom of each and every web page designed by
PROVIDER. |
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10. Copyright. CLIENT is the
copyright owner of the content (text, pictures etc.)
unless CLIENT uses someone else’s copyrights with
permission. |
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11. On-line subscription. If
CLIENT makes an on-line, paperless subscription for
the services. CLIENT acknowledges that all the
information he submits on-line is true and correct
to the best of his knowledge. CLIENT agrees that the
act of submitting his subscription Paypal form
on-line is equivalent to his/her signature. |
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12. Price change. PROVIDER has the
right to change the price of the services to reflect
a change in the cost of the service, or other
reasons. |
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13. Start of services. Services
will typically start on the next business day after
CLIENT submits the content. |
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14. Content submission. PROVIDER
will accept every reasonable communication like
e-mail, Postal Service, etc. Special human
coordinator is available to CLIENT 8 hours per day,
5 days a week to facilitate the content submission
and to answer questions. It is CLIENT’s
responsibility to provide all the content in a
timely manner. Design work will not start before all
content is submitted. |
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15. Quality of Services. PROVIDER
will apply the best efforts to provide the best
possible quality. |
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16. Fees. CLIENT agrees to pay for
the services and fees as specified at
www.TigerComputerSystems.com CLIENT agrees to
pay the full website project costs as specified on
www.TigerComputerSystems.com, if he cancels his
hired services or hosting before the expiration of
the agreement. |
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17. Delivery. PROVIDER will
deliver (install) the design to a valid web address.
(Business Cards and Flyers: Local Pick up only,
Printouts may take up to 14 business days to be
ready. Colors may be vary in printouts. After your
design has been sent to printing, changes mean a new
order.) |
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18. Web hosting services. CLIENT
understands and agrees that he has to have active
web hosting in order to be able to accommodate the
web design. |
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19. Acceptance and acceptance by default.
CLIENT agrees to accept the design within 3 business
days after the notification of delivery. Mechanical
errors could be reasons for non acceptance
(rejection). Examples: someone else’s web site was
delivered by mistake, missing pages, broken links,
missing content etc. If client does not respond to
inquiry for acceptance within 3 business days the
work will be considered done and accepted by
default. |
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20. Termination. This agreement is
terminated upon the acceptance of the design work by
the CLIENT, however the obligations of client to pay
remain after the termination of this agreement until
all fees due are paid in full. This agreement will
not terminate if CLIENT has purchased maintenance
plan, or monthly plans. In this case, the Agreement
will remain in full force as long as CLIENT has his
account current. If CLIENT has purchased a bundled
hosting product, it will carry a term of 12 months,
or as specified at
www.TigerComputerSystems.com If the client
cancels before the end of the term they will be
charged the full remaining balance of their
subscribed plan which will be prorated accordingly. |
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21. Payments. . CLIENT agrees to
pay for Website Design Packages 50% of the project
price to start and the reminder 50% to finish and
get the project delivered. CLIENT agrees to pay
upfront for all “flat fee” services and upon
receiving of invoice for all hourly bills. Monthly
charges are due upfront for the first payment and on
the account anniversary date each month thereafter
until the expiration of the payment term. |
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22. Late Payment OR Not Sufficient Funds
Payments. CLIENT agrees to pay additional
late fee of 15% per month or the maximum permitted
by the law of the amount due and non paid. A Non
Sufficient Funds payment will incur in a charge of
$20.00 or 15% whichever higher. |
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23. No refunds. PROVIDER will not
refund collected fees. |
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24. Collections. PROVIDER has the
right to disable CLIENT’s web site and to block the
transfer of web content, software and/or domain name
in order to collect money owed from CLIENT to
PROVIDER. PROVIDER has the right to charge CLIENT
depending on the chosen plan CLIENT did for the
website project. |
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25. No solicitation. CLIENT agrees
not to approach PROVIDER's employees with proposals
to hire them as his own employees or contractors. If
CLIENT were to hire any of PROVIDER's employees,
CLIENT agrees to pay PROVIDER for each employee thus
hired customary fees charged by top employment
agencies plus 30% surcharge. |
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26. LIMITED LIABILITY. PROVIDER
SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY
SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THIS AGREEMENT OR THE PRODUCT, INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE,
LOST DATA, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY
EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON
PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR
OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES
OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY
LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL
PURPOSE OR OTHERWISE. FURTHER, PROVIDER WILL NOT
CENSOR ANY CONTENT ON THE INTERNET. IT WILL BE
CLIENT'S RESPONSIBILITY FOR THE USAGE OF HIS CONTENT
AND ANY CONSEQUENCES OF THIS USAGE. |
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27. Indemnification. CLIENT shall
indemnify, defend by counsel reasonably accepted by
PROVIDER, protect and hold PROVIDER harmless from
and against any and all claims, liabilities, losses,
costs, damages, expenses, including consultants' and
attorneys' fees and court costs, demands, causes of
action, or judgments directly or indirectly arising
out of or related to the web design and other
services provided by PROVIDER to the CLIENT. |
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28. Entire Agreement. This
Agreement constitutes the entire understanding and
contract between the parties and supersedes any and
all prior and contemporaneous, oral or written
representations, communications, understandings and
agreements between the parties with respect to the
subject matter hereof, all of which representations,
communications, understandings and agreements are
hereby canceled to the extent they are not
specifically merged herein. The parties acknowledge
and agree that neither of the parties is entering
into this Agreement on the basis of any
representations or promises not expressly contained
herein. |
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29. Modification. This Agreement
shall not be modified, amended, canceled or in any
way altered, nor may it be modified by custom and
usage of trade or course of dealing, except by an
instrument in writing and signed by both of the
parties hereto. |
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30. Waiver. Performance of any
obligation required of a party hereunder may be
waived only by a written waiver signed by the other
party, which waiver shall be effective only with
respect to the specific obligation described
therein. The waiver by either party hereto of a
breach of any provision of this Agreement by the
other shall not operate or be construed as a waiver
of any subsequent breach of the same provision or
any other provision of this Agreement. |
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31. Severability. If any provision
of this Agreement shall be unlawful, void, or for
any reason, unenforceable, it shall be deemed
severable from, and shall in no way affect the
validity or enforceability of, the remaining
provisions of this Agreement, which shall remain
valid and enforceable according to its terms. |
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32. Governing Law. This Agreement
was entered into in the State of Florida and its
validity, construction, interpretation and legal
effect shall be governed by the laws and judicial
decisions of the State of Florida applicable to
contracts entered into and performed entirely within
the State of Florida. |
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33. Authority to Execute. Each of
the parties to this Agreement represents and
warrants that it has full power to enter into this
Agreement and that it hasn't assigned, encumbered,
or in any manner transferred all or any portion of
the claims covered by this Agreement. |
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34. Benefit of Successors and Assigns.
This Agreement shall be binding upon and inure to
the benefit of each of the parties hereto, and
except as otherwise provided herein, their
respective legal successors and permitted assigns. |
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35. Cumulative Remedies. Except as
specifically provided herein, no remedy made
available to either party hereunder is intended to
be exclusive of any other remedy provided hereunder
or available at law or in equity. |
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36. No Partnership or Agency.
Nothing in this Agreement shall be construed as
creating a joint venture, partnership, agency,
employment relationship, franchise relationship or
taxable entity between the parties, nor shall either
party have the right, power or authority to create
any obligations or duty, express or implied, on
behalf of the other party hereto, it being
understood that the parties are independent
contractors vis-a-vis one another. |
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37. No Third Party Beneficiaries.
Nothing contained in this Agreement, express or
implied, shall be deemed to confer any rights or
remedies upon, nor obligate any of the parties
hereto, to any person or entity other than such
parties, unless so stated to the contrary. |
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38. Excused Performances. PROVIDER
shall not be deemed to be in default of or to have
breached any provision of this Agreement as a result
of any delay, failure in performance or interruption
of the Services, resulting directly or indirectly
from acts of God, acts of civil or military
authority, civil disturbance, war, strikes or other
labor disputes and disturbances, fire,
transportation contingencies, shortages of
facilities, fuel, energy, labor or materials, or
laws, regulations, acts or order of any government
agency or official thereof, other catastrophes, or
any other circumstances beyond PROVIDER's reasonable
control. In the event of any such delay or failure,
performance of the Services shall be deferred to a
date and time mutually agreeable by the parties. |
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39. Counterparts. This Agreement
may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which
together shall constitute one and the same
instrument. |
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40. Captions. The section headings
and captions contained herein are for reference
purposes and convenience only and shall not in any
way affect the meaning or interpretation of this
Agreement. |
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41. Gender. Where the context so
requires, the masculine gender shall include the
feminine or neuter, and the singular shall include
the plural and the plural the singular. |
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42. Recitals. The recitals above
set forth are incorporated herein by reference. |
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43. Arbitration. Any dispute
arising under this agreement shall be resolved by
binding arbitration in the city of Kissimmee,
Florida and under the rules of the American
Arbitration Association. |
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Tiger Computer Systems - Hosting Terms and
Conditions
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Length of
contract
If you pay annually then your contract runs for
12 month from the date you first ordered.
Details of how to cancel the contract can be
found below.
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Server abuse
Any attempt to
undermine or cause harm to a server, or
customer, of Tiger Computer Systems is strictly
prohibited. Offenders will be prosecuted to the
fullest extent of the law.
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The content of
your web site
All services provided by Tiger Computer Systems
may be used for lawful purposes only.
Transmission, storage, or presentation of any
information, data or material in violation of
any United States, or any International laws is
prohibited.
The following list is not exhaustive, but
it will indicate the sort of material you are
not permitted to host:
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Copyright material.
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MP3
files containing copyright music, unless you
created the music yourself and own the
copyright.
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Material we judge to be threatening or obscene.
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Material protected by trade secret and other
statute.
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Pornography and sex-related merchandising,
including sites that link to such content.
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Pirated software, also known as warez.
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Hacker programs or archives, including sites
that link to such content.
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Hate
propaganda.
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Products designed to defraud others, e.g.
satellite hacking equipment.
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Promotion of illegal activities.
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Content that may be damaging to our servers or
any other server on the internet.
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Web
sites promoted by spam or involved in spamming
or selling spam related software or bulk email
lists.
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IRC
or IRC bots.
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The content of
your emails
Spam is "Unsolicited junk e-mail sent to large
numbers of people to promote products or
services". We have a zero tolerance policy
towards spam and we monitor our mail servers to
ensure they are not being used for spamming. If
we allowed customers to spam then our mail
servers would be blacklisted and none of our
customers would be able to send and receive mail
reliably. It is in all customers’ interests that
we stop spam.
We do not permit:
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The
sending of spam through our servers.
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Sending out spam through another providers mail
server which includes links to web pages or
email addresses hosted on our servers.
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Web
sites promoted by spam or involved in spamming
or selling spam related software or bulk email
lists.
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As delegated by our
upstream providers, any sites using spam or
selling of spam related software or bulk email
content will be closed.
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If you spam, we
will see you doing it, your account
will be terminated and you will not
get a refund.
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If we receive a spam
complaint about your account we will.
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Suspend your account to prevent any further
violations.
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Contact you to ensure you will not do it again.
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Either reactivate the account or terminate it.
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Protecting server
resources
Each server has a limited amount of processing
power and memory. We have found most our
customers to stay within "reasonable limits",
but sometimes people do cause problems for other
users by using too many resources. If you are a
shared hosting customer you may not:
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Provide hosting for third parties, unless you
have a proper reseller account.
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Link
to cgi scripts running on your account from
other domains (e.g. banner exchanges).
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Use
more than 10% of system resources on the server.
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We do not allow
clients to install their own cgi or php chat
rooms. These tend to be a large drain on system
resources and we cannot allow it as an account
option. However, we provide chat systems which
you may use free of charge.
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Bulletin boards
are permitted, provided they stay within the 10%
server usage limit explained above.
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We allow you
(subject to a suitable hosting plan) to run
programs to run continually in the background
(cron jobs). However, these must not overload
the server or affect other users sites.
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If you go over
any of the limits described above we will
suspend your account and contact you to resolve
the situation. We may offer dedicated server
hosting for an additional charge. If you do not
move to a dedicated server or reduce your system
usage we will terminate your account to protect
other customers.
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Specific
programs/scripts not permitted.
We do not permit the use of:
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The
webmail part of PHP nuke or any of its
derivatives as this allows anyone to send out
email and will be abused by spammers.
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Formmail.pl from Matts Script archive. We have a
secure version already installed on our servers,
use it instead.
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Formmail.php. Use the secure formmail.cgi which
we have already installed on the server.
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Bandwidth usage
Each hosting plan Tiger Computer Systems
provides has a set amount of bandwidth available
per month. We monitor this usage and if your
site goes over the limit it will be suspended
until the second day of the next month. If you
do not wish to wait until the next month you can
upgrade your hosting plan to one with more
bandwidth. If you are concerned about going over
your limit you should check your bandwidth usage
in the control panel in the middle of the month
and contact us if you think you will go over.
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99.9% uptime
guarantee
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IP Addresses and
DNS delegation
We provide IP
address information in your welcome email. This
is provided to allow access to the web site and
control panel until the domain name has been
transferred to our DNS servers. Customers are
not permitted to link to their site or address
via an IP address based link once the transfer
is complete. This is for your own safety as it
prevents links becoming out dated if we change
your IP address. All customers must change their
domain names' DNS servers to those specified on
their welcome email. We do not permit customers
to use external DNS management tools because of
the likelihood of failure if we change an IP
address. If you decide to use an external DNS
service then you agree to absolve Tiger Computer
Systems of all liability should your site fail
due to DNS errors or the IP address changing at
a later date. All IP addresses remain the
property of Tiger Computer Systems or its
upstream providers and are provided according to
ARIN and RIPE rules and only when required for
technical reasons.
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DNS modifications
We do not provide DNS management services. If
you require changes to DNS records (A, MX etc)
we will do our best to carry them out but we
cannot provide a warranty that the changes will
continue to work in the future.
Billing
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Annual Billing:
We will not bill your card automatically.
We will send a renewal notice to the email
address you provided us with when you signed up
approximately one month before the renewal date.
However, because 40% of our customers do not
tell us when they change email addresses and
because many ISP's spam filters remove emails
which mention web hosting services we cannot
guarantee delivery of these emails. We recommend
that you make a note in your diary one year from
the date you ordered the hosting originally. If
we do not receive the renewal payment by the due
date then we will suspend the account. If
payment is still not received within 7 days we
will assume the account is no longer required
and delete it.
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Data integrity
and backups
We will endeavor to keep backups of your data in
order to restore the server if we have a disk
failure. However, we provide no guarantee that
we will be able to do so. It is in your own
interests to keep a copy of your web site backed
up on your own computer. You can do this by
simply uploading changes from a copy you hold or
by using the backup tool provided with most of
our web hosting accounts. If you have an
accident with your site we will do our best to
help, but we may not be able to restore your
files for you. It is impossible to have too many
backups. Keeping a local copy at your location
is the best way to protect your data. If you are
a dedicated server customer then we do not
keep any backups of your files. If you have
paid us for a backup drive then you have the
hardware and software necessary for making
backups, but it is your responsibility to make
sure you have it turned on. Again, we can make
no guarantees about he integrity of backups.
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Passwords
We will provide you with a username and password
for accessing your account. This will be sent to
the email address you entered into our order
form. If you lose your password we can resend it
to the same email address. If your email address
has changed you will need to supply proof of
your identity before we will provide the
password. The reason for this is that a large
percentage of password requests we receive are
from people trying to gain unauthorized access
to customers accounts. It is in your interests
that we verify your identity before issuing a
password.
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Indemnification
By ordering
services from us you agree to indemnify and hold
harmless Tiger Computer Systems from any claims
resulting from the use of the service which
damages the subscriber or any other party.
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Limitation of
liability
Your use of Tiger Computer Systems’s services
are at your sole risk. All Tiger Computer
Systems services are provided on an "AS IS"
basis WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS, IMPLIED, CONSTRUCTIVE, OR STATUTORY,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT
OR FITNESS FOR A PARTICULAR PURPOSE. Some
jurisdictions do not allow the exclusion of
implied warranties, so this exclusion may not
apply to you in full. Tiger Computer Systems
makes no guarantee of availability of service
and reserves the right to change, withdraw,
suspend, or discontinue any functionality or
feature of the Tiger Computer Systems service.
IN NO EVENT WILL Tiger Computer Systems BE
LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE Tiger Computer Systems 's
SERVICES OR ANY
CONTENT THEREON. THIS DISCLAIMER APPLIES,
WITHOUT
LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER
FOR
BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED
BY
ANY FAILURE OF PERFORMANCE; ERROR; OMISSION;
INTERRUPTION; DELETION; DEFECT; DELAY IN
OPERATION OR
TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION;
COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM
OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED
ACCESS
TO, ALTERATION OF, OR USE OF ANY RECORD.
The formation, construction and interpretation
of this agreement shall be controlled by the
laws of Unites States. The U.N. Convention of
Contracts for the International Sale of Goods is
expressly excluded from any interpretation of
this Agreement.
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Legal
jurisdiction
These terms and conditions are exclusively
governed by United States law and by ordering
services from Tiger Computer Systems you submit
to the exclusive jurisdiction of the United
States courts.
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Legal disputes
If you intimate that you are entering into legal
action against us we will suspend your account
until the legal dispute has been resolved.
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Explanation of
the above
We will do our best to keep the service running
reliably but we will not be held responsible for
any losses you incur through your use of it. If
you are in business you should ensure you have
adequate business insurance and we recommend you
contact an insurance broker.
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Changes to these
terms and conditions
Tiger Computer Systems reserves the right to
change or amend these Terms of Service at any
time without prior notice.
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Enforcement
Violations of these Terms of Service should be
referred by email to
support@tigercomputersystems.com. All
complaints will be investigated promptly.
Violations of these terms and conditions can be
ground for immediate account deactivation
without refund.
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