The terms and conditions (the "Agreement") described herein govern your purchase and use in any manner of all products and services ordered by the Client and provided by Black Pearl Hosting (the "Company").
By purchasing and using the services you agree to all of the terms and conditions outlined here.
Black Pearl Hosting reserves the right to modify any of the terms and conditions contained within this agreement at anytime and for any reason. Black Pearl Hosting can make modifications to the terms and conditions without notice to the Client. The continued use of the service implies you agree with the changes and agree to be bound by them.
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
Client agrees to pay for service using credit card and any future renewals will be billed to the same card unless otherwise canceled. Payment will be billed monthly or annually depending on the package selected and agreed upon. Payment will be made for the selected term.
This Agreement is effective from the date services are purchased and will continue until terminated by either party. Client has the right to terminate services at anytime. Company has the right to terminate services for any reason but also inluding failure to pay or breach of the terms and conditions.
Upon termination for any reason, all data stored on the Client account will be deleted and cannot be restored.
In some circumstances, the Company can transfer your website from your old host. You may be eligible to receive a free transfer within thirty (30) days of account activation depending on the type and size of your website. Outside of the initial thirty (30) day timeframe, please contact the Company to receive a quote to transfer your website. The Company is not responsible for any loss of data during the transfer. It is your responsibility to maintain a current backup of your website including content and data at all times.
By purchasing services you agree you are eighteen (18) years of age or older as the services provided are solely intended for users eighteen years of age or older. Any registration or use of the account by anyone under the age of eighteen (18) is in violation of this agreement.
If the provided service is used by another party on behalf of the client, as the other party you agree to be bound to this Agreement and to use the service responsibility as intended by the Client.
We will reach out to you in the event that there is a problem or issue with your account that requires your attention. It is your responsibility to keep your contact information up-to-date. The Company cannot be held responsible for your inaccurate or out-of-date information.
You are responsible for any and all use on your account. It is your responsibility to keep your account confidential. In the event of non-payment, the Client is not permitted to use the website in any manner. Accounts cannot be used to host websites not owned by the Client. The Client does not have the right to resell any portion of the account.
The Company provides support through the email helpdesk and by phone. You can expect a response within 24 hours and you should expect a response during standard business hours. Phone support is available on our premium packages and is available for an additional fee on basic packages.
Client agrees to only store information on their account in agreement with the terms and conditions. The Company does not monitor the data on any website and the Client is solely responsible for any sensitive information displayed or submitted on the website.
The Company has the right to remove any portion of a website to take corrective action at the sole discretion of the Company. The Company also has the right to suspend or terminate services without a refund in the Client is found to be in violation of the terms and conditions. The Company does not hold any liability for any corrective action that was required to be taken.
The Company has the right to refuse any subject matter it deems inappropriate.
Company makes no warranties or representations of any kind for the service provided. Company is not responsible for any loss or damages that may be suffered by Client from delays or errors of the Client. It is the Client's responsibility to maintain a regular back-up of any data stored in the Client's account including website, database, files and any other data.
Company does provide back-up services at an additional fee to assist the Client with back-up of data if desired.
Company works hard to maintain all equipment associated with the service so it performs optimally, however, as with all technology on occassion there may be disruptions of service. In the event of service failure, the Company is limited to damages of the pro-rata monthly charge during the time of service interruption.
The Client agrees to indemnify and hold harmless the Service Company against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
Client may not assign or transfer this Agreement. In the event that Client assumes a new owner due to sale of the company or any other reason, the Client shall notify Company in writing at least 30 days prior to the effective date.
The Company may provide referrals to third party products and services. It is the Client's responsibility to confirm the terms and conditions of the third party products and services as the Company is not an agent or representative of any kind of any third party. The Company is also not responsible for any content displayed on on third party websites.
Both Client and Company agree to defend each party against any third-party claim or suit alleging and breach in accordance with these terms and conditions. Customer shall indemnify for all losses, damages and liabilites including all reasonable expenses incurred by the Company Name as a result of the claim. The Company shall also indemnify the Client for for all losses, damages and liabilites including all reasonable expenses incurred by the Client as a result of the claim.
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Coahuila, Mexico. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.
The liability of Black Pearl Hosting shall not exceed the amount paid by the customer during the 3 months prior to the date of the claim. The Company is not liable for any loss of use, data or interruption in business or service whether the cause was direct or indirect.
Revised: Aug. 29, 2018