This agreement covers the standard level of service that all hosting Clients can expect from Plastic Surgery Studios, and explains all remedies we offer if we fail to deliver. This long-term contract states that Plastic Surgery Studios will provide web hosting services for Client once all deliverables are received. It’s recommended for Client to review this agreement every fiscal year, in lieu of review the current agreement will remain in effect. Amendments may occur as necessary upon mutual agreement from both primary stakeholders. Hosted websites are not constantly monitored for functionality as it is affected by use, maintenance, and updates. It is therefore the responsibility of Client to ensure that the website is operating properly.
- Server Availability
Plastic Surgery Studios guarantees a 99.9% monthly average uptime of scheduled server availability as long as Client is in good financial standing at the time of a service outage. Server downtime is defined as any unplanned interruption during which Client is unable to access the services described in this agreement. The interruption must be caused and confirmed by Plastic Surgery Studios. Plastic Surgery Studios does not monitor the availability of individual sites and pages, but the server ability as a whole. Plastic Surgery Studios is not responsible for any downtime due to third-party software failures. Scheduled server downtime may occur with an electronic 24-hour notification.
If the monthly availability of the servers is below the guaranteed level Plastic Surgery Studios will extend a performance credit to Client following the schedule outlined below.
- Server Availability 99.0% – 99.8% [Credit 5%]
- Server Availability 98.0% – 98.9% [Credit 10%]
- Server Availability 95.0% – 97.9% [Credit 25%]
- Server Availability 90.0% – 94.9% [Credit 50%]
- Server Availability below 89.9% [Credit 100%]
For a Client to receive a performance credit on their account they must specifically request it within seven (7) days following the experienced downtime. Clients must request credit by sending an email providing all dates and times of service unavailability, Client account username, and other Client identification to legal@plasticsurgerystudios.com. A credit will only be issued if the downtime warranting the credit is confirmed with the server availability monitoring data that Plastic Surgery Studios maintains. Credits are normally applied within thirty (30) days of an approved request. Performance credits are the sole and exclusive remedy in the event of downtime. Credits will not be issued if Client’s account is past due, suspended, or pending termination.
Certain exclusions apply to performance credits and will not be awarded if server downtime is caused by any of the following problems:
- Failure of any network or infrastructure not owned and managed by Plastic Surgery Studios
- Failure of Client’s application, software, or operating system
- Action by a Third Party beyond the control of Plastic Surgery Studios
- Act of God
- Scheduled server maintenance
- Storage Capacity
Plastic Surgery Studios is a shared web hosting provider. Each account is allotted storage capacity according to project specifications. Storage space abuse is not tolerated in any form. It is inappropriate to use the account primarily for online storage or archiving. 90% of your web pages must be linked with files stored on Plastic Surgery Studios’s servers, violations are subject to termination. Storage allotments may be increased for additional charges up to the maximum amount allowed. Once the maximum amount is reached, servers may no longer accept, process, or deliver data, leading to server unavailability or data loss. Plastic Surgery Studios is not liable for such unavailability or losses.
- Data Ownership
All data created and stored by Client within Plastic Surgery Studios’s servers belong to Client and is for Client’s exclusive use unless explicitly stated otherwise. Plastic Surgery Studios will allow access to data by authorized personnel in compliance with the privacy policy. Plastic Surgery Studios does not claim any web content or data contained in Client’s server space.
- Data Integrity
Plastic Surgery Studios takes all necessary precautions to ensure the integrity of the data stored on its servers to prevent data loss in the event of a system failure. Backups are performed only in the case of emergencies and not upon Client’s requests. Should data integrity be compromised, Plastic Surgery Studios will make efforts to restore data from server backups but is not liable for any lost or corrupted data or site content. It is recommended that all Clients maintain local copies of all data.
- Termination
Plastic Surgery Studios shall not retain any Client data following account termination. Upon termination, all data is deleted from servers and backups. Plastic Surgery Studios reserves the right to terminate services or deny access to anyone who violates policies or terms without warning or prior notice. No refunds will be issued upon account termination due to policy violation. Unacceptable uses that may result in termination include, but are not limited to, unsolicited emailing, spamming, server abuse, illegal content, or copyright infringement. Client may terminate the web hosting agreement under the following circumstances:
- Plastic Surgery Studios’s failure to comply with any of the described terms
- Bankruptcy
- Mutual written agreement
- 30-day written notice of termination
- Technical Support
Plastic Surgery Studios provides Clients with technical support pertaining to web hosting servers, access, and other closely related issues. Plastic Surgery Studios does not provide support for third-party software, web applications, scripts, or components developed by Client. Support agents are available as listed in the support section on Plastic Surgery Studios’s website. We aim to reply to all messages and concerns in a timely and efficient manner, but unforeseen circumstances or high demand periods may cause delayed responses.
- Privacy Statement
Plastic Surgery Studios values your privacy. Please refer to Plastic Surgery Studios’ Privacy Policy for more details.
- Severability
If any provisions are deemed by a court or other competent authority invalid, unlawful, or for any other reason unenforceable under applicable law it shall be deemed severable and will not impact or affect the validity or enforceability for the remaining provisions. Any invalid, unlawful, or unenforceable provisions will be deemed as such and deleted, the rest of the provisions will continue to be in effect.
If you have any questions or concerns regarding this Hosting Agreement, please contact us using the information below.
https://www.plasticsurgerystudios.com/
8659 Haven Avenue, Suite 200, Rancho Cucamonga, CA 91730
legal@plasticsurgerystudios.com
Last Edited on March 2, 2021
