Terms of Service Agreement
In order for us to have a good relationship with our clients it is important that we make clear our understandings with each other. Please take a moment to read this Agreement...vToko Hosting
1. Privacy. Lutung Enterprises Ltd. has implemented strict security measures to protect against loss, alteration, or misuse of data collected. However, clients are responsible for ensuring that only they or their authorized designees utilize their accounts. Suspected incidents of unauthorized use of a client account should be reported immediately to our vToko Support department: support [at] vtoko.com.
2. Hosting Restrictions. Lutung Enterprises Ltd. does not allow our clients to host Pornographic, Hate or Copyright infringed content on any of our hosting plans! Violations of these rules will result in the account being suspended or closed immediately!
3. Payment of fees. In order for Lutung Enterprises Ltd. to remain in business, payments must be made promptly. Delinquent bills may result in account being suspended, Lutung Enterprises Ltd. reserves the right to remove web pages from viewing on the Internet until outstanding bills have been received in full by Lutung Enterprises Ltd. If the client can not be reached in a period of three (3) months and has not paid their fees the account may be closed and all files and databases removed. Note there will be a $15 (plus GST if applicable) reactivation fee on suspended accounts. Please keep your contact information current.
4. Copyrights and Trademarks. The client represents to Lutung Enterprises Ltd. and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork hosted on Lutung Enterprises Ltd. hosting plans are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Lutung Enterprises Ltd. from any claim or suit arising from the use of such elements.
5. Copyright of vToko (software). Lutung Enterprises Ltd. assigns it's hosting clients the rights to use vToko software in accordance with this Agreement. Copyright of vToko software, it's design, applications and source code are specifically not transferred to the client, and remain the property of their respective owners.
6. Legal Stuff. In no event will Lutung Enterprises Ltd. be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the web pages or web site, even if Lutung Enterprises Ltd. has been advised of the possibility of such damages. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
7. Closing Accounts. If the client no longer wishes to host with vToko Hosting they are to inform our billing department at least 30 days prior to their next billing: billing [at] vtoko.com. If the client does not contact the billing department to notify us of their wishes to close the account by email at least 30 days prior of their next billing, the client will be billed at the regular amount.
vToko Software, Web Sites, Design and Development
1. Privacy. Lutung Enterprises Ltd. has implemented strict security measures to protect against loss, alteration, or misuse of data collected. However, clients are responsible for ensuring that only they or their authorized designees utilize their accounts. Suspected incidents of unauthorized use of a client account should be reported immediately to our vToko Support department: support [at] vtoko.com.
2. Payment of Fees. In order for Lutung Enterprises Ltd. to remain in business, payments must be made promptly. Lutung Enterprises Ltd. reserves the right to remove web pages from viewing on the Internet until outstanding payments have been received.
3. Assignment of Project. Lutung Enterprises Ltd. reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
4. Legal Stuff. In no event will Lutung Enterprises Ltd. be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the web pages or web site, even if Lutung Enterprises Ltd. has been advised of the possibility of such damages. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
5. Sole Agreement. The Agreement contained in our web site contract constitutes the sole Agreement between Lutung Enterprises Ltd. and the client regarding the web site. Any additional work not specified in the contract must be authorized by a written change order. All prices specified in the contract will be honoured for three (3) months after the client digitally signs this contract. Continued services after that time will require a new Agreement.
6. Refunds. If the client halts work and applies by registered letter for a refund within 30 days, to the Director of Lutung Enterprises Ltd. work completed shall be billed at the hourly rate of $50/hour, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 7 days of digitally signing this contract.
7. Copyrights and Trademarks. The client represents to Lutung Enterprises Ltd. and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Lutung Enterprises Ltd. for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Lutung Enterprises Ltd. and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
8. Copyright of Software and Web Pages. Upon final payment of this contract, the client is assigned rights to use as a web site the design, graphics, and text contained in the finished assembled web site. Rights to photos, graphics, source code, work-up files, and software are specifically not transferred to the client, and remain the property of their respective owners. Lutung Enterprises Ltd. and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
This Legal Agreement constitutes the entire Agreement between you and Lutung Enterprises Ltd. with respect to the Products and Services at vToko.com.
This Terms of Service may be amended, at any time, at the discretion of Lutung Enterprises Ltd. All accounts are required to comply with any changes made to these policies. Notification of any major changes to the policies will be emailed to the email addresses we have on file for all account holders. You are required to keep a valid and current email address on file with us, in your billing account: billing [at] vtoko.com
If you have any questions regarding this Agreement please contact our sales department: sales [at] vtoko.com.
