Terms & Conditions
AJT Graphics Privacy Statement & Service Agreement
This Agreement sets forth the terms and conditions of your use of AJT Graphics. for web hosting services. You must read and agree to be bound of all terms and conditions of this agreement. By posting 30 days in advance at web page http://www.ajtgraphics.com AJT Graphics is entitled to modify the terms and conditions of this Agreement and or the prices of it’s services offered, as well as discontinue or change the service offered.
Services and Your Obligations
AJT Graphics will provide web hosting services in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the services, AJT Graphics maintains full control and ownership of any and all account information and (“IP”) addresses and numbers that may be assigned to you.
AJT Graphics reserves the right to access any information as permitted by required law, regulation or other governmental request. AJT Graphics will fully cooperate with law enforcement authorities in lawbreakers and reserves the right to report law enforcement authorities of any illegal activity.
You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the “DMCA”) and acknowledge that AJT Graphics is a service provider under DMCA and is immune from liability under the DMCA. AJT Graphics will accommodate standard procedures used to identify and protect copyrighted works.
Websites being hosted by AJT Graphics located on AJT Graphics servers nor the links to other websites are monitored, or screened for approval, or endorsed by AJT Graphics. AJT Graphics is not responsible for any content websites hosted by our servers.
You agree that AJT Graphics is not responsible for any loss of data due to any server issues, network issues, or any other network or server related issues.
AJT Graphics is not responsible for any damages to any client's business. AJT Graphics makes no warranties or guarantees of any kind, expressed or implied for services that we provide. Use of AJT Graphics web hosting and email service is at the client's sole risk. AJT Graphics services are provided on an "as is, as available" basis.
AJT Graphics will not pay or reimburse for any damages for the web site functionality due to server issues, downtime, or any other related issues that could lead to the clients web site being dis-functional or non operational. The client is responsible for locating errors on the web site and notifying an outside party or AJT Graphics per assistance to fix any issues on the web site relating to coding, PHP, MySQL, Miva Merchant errors, SSL errors, ecommerce errors, email related issues. AJT Graphics will help to the best of its abilities to fix these issues. If the issue resumes the client is responsible for any further support hired by any outside 3rd party to resolve the issue, AJT Graphics will not reimburse or credit any fees incurred by a 3rd party contractor to fix issues, or any damages or losses incurred by any issue related on the web site or downtime.
AJT Graphics does not guarantee that our services will be uninterrupted or error free. AJT Graphics will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions.
In no circumstance will AJT Graphics be liable for any claims resulting from the use or inability to use AJT Graphics services including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, loss of design of a web site, loss of marketing or advertising programs, deleted accounts, unauthorized access to AJT Graphics.
AJT Graphics will assume and acquire other hosting firms and accounts. If your account has been assumed by AJT Graphics thru an acquisition or a purchase, in no way is AJT Graphics liable for any contracts, obligations, agreements that was agreed upon with the prior company. Once the acquisition is announced to the client by the initial email or phone call letting client know that the account has been acquired all the terms and conditions and terms of service posted on this page are now in effect to the acquired client. Client will need to contact the previous company for any contractual agreements or obligations that was promised by previous company prior to the acquisition.
Payment Policies, Cancellation Policies
Full payment of amount specified is required before any hosting service is rendered, which includes renewals. All payment requested would be sent via electronic email (“e-mail”). Pre-paid accounts are due at the time of the accounts anniversary, the customer will again be notified by email of payment due date.
The customer is eligible to cancel a non-contract web hosting service at anytime. AJT Graphics offers a 1-year contract agreement, and a 2-year contract agreement, which the user is bound to a 12-month or 24 month contract period with no cancellation policy. All payments must be made in full for all 12-month and 24-month contracts. Once the payment is received for a full 12 month or 24 month period, the refund is no longer valid after 30 days.
The OpenUI Look and Feel module is included with our E-Customized and E-Ultimate eCommerce packages. There is an initial $50 deposit for OpenUI which is taken from your credit card and then refunded back to your card within 6 months if you continue your service with AJT Graphics.
For all monthly accounts, after 30 days of account activation, no refunds will be given to any payments made to the account. We do not pro-rate monthly rates after 30 days of account activation.
Domain registration and setup fees are nonrefundable. The account holder is responsible for all money owed on the account from the time it was established to the time that the customer notifies AJT Graphics of cancellation.
Additional features can be added to your account at anytime. The customer may also upgrade their account at anytime without any penalties. If your web site has an overdue or unpaid balance, AJT Graphics will temporarily suspend your account, till the payment is furnished.
All cancellations must be received with a 30 day notice.
30 Day Money Back Guarantee
We are sure you will enjoy your service with AJT Graphics that is why we include a 30-day money back guarantee with all our hosting packages. If you are dissatisfied with your service for any reason, you will receive a full-refund within the first 30 days of your account activation (minus setup fees.) It is also not possible to refund a Miva license issued with our E-Commerce packages. This money back guarantee is not available after 30 days of the account activation. All cancellations must be received by either email, postage, or by a support ticket prior to 30 days of the account activation.
Indemnification Policy:
You agree to use all AJT Graphics services at your own risk. AJT Graphics disclaims all warranties of merchantability and fitness for a particular purpose. AJT Graphics is not liable for any loss, or loss of data, or commercial damage, including but not limited to special, incidental, consequential or other damages. By accepting this Agreement, you agree to waive and hold AJT Graphics responsible for any claims relating to any action stated above. Customer agrees to defend AJT Graphics from any and all demands, liabilities, losses, costs, claims, including attorney fees asserted against AJT Graphics, it’s employees, agents, customers, officers, that may arise.
Cancellation Policy:
You may cancel your AJT Graphics services at anytime. If your account is on a month-to-month basis with AJT Graphics, you may wish to cancel this service at anytime, by stating a written letter, or an email before the end of billing period. If your account is paid up front, in no means is this amount refundable, unless cancellation is requested 30 days of account activation. Some AJT Graphics packages include a set up fee, even within the first 30 day period, set up fees are non refundable.
AJT Graphics charges a $25.00 fee for returned checks, and a $25 fee for charge backs. For international customers if you are using AJT Graphics services, the amount must be drawn in US dollars.
If client has a balance due at the time of cancellation, this balance must be paid in full. All overdue balances and or financial obligations must be paid in full before the cancellation is considered complete.
Transferring of your domain to another hosting or service provider does not constitute of canceling your account. AJT Graphics must be contacted formally to avoid further charges.
The client is only allowed a full credit excluding setup fees if the account is cancelled prior to the 30th day of service, with a cancellation email to ajtgraphics.com only. If the service is over 30 days, the client is not eligable for a refund. In any case if the client has pointed the Name Servers to another host, a refund for unused days of service is not applicable. Only time when client is fully cancelled from our services is when a formail email or written notice is received requesting cancellation.
Account Changes:
Account maintenance issues can be handled by your high tech state of the art Control Panel.
Account Ownership:
AJT Graphics is only responsible to present owner with web hosting services. We verify ownership by credit card number, address, and other information stated in your account. If this information is given to someone else by the account holder and or owner the account holder is responsible for any abuse. AJT Graphics keeps all information private and confidential and in no means is this information available to anyone except account holder.
Privacy Statement
AJT Graphics collects the following types of personal information: names, billing information, postal and e-mail addresses, phone and facsimile numbers, and support tickets.
AJT Graphics will not use your personal information, billing information other than for the purpose for which it was submitted without your consent. We use your information to reply to inquiries, and billing your information to handle billing charges. No personal information or billing information on file will be used for creating aggregated databases or unlawful uses.
Email Policy:
In no means does AJT Graphics support mass emails, group emails, email bombs, hate email, or Spam. Client is responsible for keeping email storage under control.
AJT Graphics is responsible for an anti-Spamming policy. Under this policy we prohibit Spam, or any unsolicited commercial email, from being sent either, over the AJT Graphics network, by customers or any other users of AJT Graphics including customer’s customers. AJT Graphics has the right to cancel hosting services to any client not following these policies.
Content Policy:
All services provided by AJT Graphics may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State, or City law is prohibited. This includes but not limited to copyrighted material, trademark, material that advocates of calls for the commission of crimes or civil harms to any person, and intellectual property.
WebSite Termination:
If in any reason a web site receives a complaint about copy right, Cease and Desist, or any legal notice for a website to be taken offline, AJT Graphics has a right to take down the site immediately until the issue has been solved by both parties.
Backups:
Full backups are made every night, and backups of new or modified data are made every night. AJT Graphics uses state of the art backup utilities, but the customers is responsible for keeping a backup of their web content, miva merchant shopping cart files, and emails, and or any files or applications stored on AJT Graphics servers. Backup utilities are included in users control panel or by using any FTP software with your FTP account. If loss of data has occurred due to an error of AJT Graphics, we will attempt to recover the data for no charge. Backups are made for server restoration purposes only. AJT Graphics is not responsible for loss of data due to negligence of client, AJT Graphics will still attempt to recover files and data, but not guaranteed. We also provide off-site nightly backups, but these backups are for website files, and miva merchant files only, we do not backup emails and will not restore email accounts. Client is responsible for keeping and restoring email accounts and emails. Email accounts and emails are backuped up once a week and are restored at a per account basis if requested, but it is the clients responsibility to backup emails, AJT Graphics is not responsible for backups of emails and email accounts.
Its the users right to backup there own web site, if in any case the web site files are not restorable by backup, AJT Graphics has no responsibilities for web site files or content, shopping carts, or any other information previously hosted on AJT Graphics servers.
Upon written or verbal cancellation to ajtgraphics.com for a request of cancellation, all files, emails, web site content, MySQL database, shopping carts and all account information including credit card information is removed immediately from all servers of ajtgraphics.com. We do keep a 14 day retention period of data on backups, but after 14 days after the cancellation notice and removal of the account, all data and files and account information are fully removed from the servers and possession. We are not liable for any web site data or files once the customer has requested cancellation of there web hosting account with ajtgraphics.com.
Service Level Agreement and Uptime Guarantee:
We strive to provide great uptime. We offer the following SLA (Service Level Agreement).
AJT Graphics will endevour to provide worldclass web site uptime. "Web Site Uptime" is the percentage of time per month (based on a 30 day month, 43200 minutes) that the content of your Web site is available for access by third parties via HTTP and HTTPS, as measured by AJT Graphics. If your Web Site Uptime is less than 100%, AJT Graphics will issue a credit to your account in accordance with the following schedule. (Credits will be calculated on the basis of the monthly service charge paid for the affected Services):
Web Site Uptime
Credit Percentage
99.9 to 100%
0%
98% to 99.8%
10%
95% to 97.9%
25%
90% to 94.9%
50%
89.9% or below
100%
Web Site Downtime (in minutes)
Credit Percentage
less than 42.2 mins
0%
42.3 - 864 mins
10%
865 - 2160 mins
25%
2161 - 4320 mins
50%
greater than 4320 mins (72 hrs)
100%
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:
Circumstances beyond AJT Graphics control including, war, strike or other labor disturbance, unavailability/interruption/delay in telecommunications, virus attacks and/or hackers, third party software failure (free scripts, ecommerce software, Merchant Gateways), fire, flood, tornado, earthquakes, acts by any governing body, embargo, boycott, or inability to obtain supplies, raw materials, or power used in or equipment needed for provision of this Service Level Agreement
- Failure of access circuits to theAJT Graphics Network, unless the failure is caused solely by AJT Graphics.
- Emergency maintenance, scheduled maintenance, and system upgrades
- Domain name system (DNS) and domain name registration problems outside of the control of AJT Graphics.
- Issues with FTP, POP, IMAP, or SMTP customer access
- Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (ie., PHP, Python, CGI, Perl, HTML, ASP, etc...), any negligence, willful misconduct, or use of the Services in breach of AJT Graphics Acceptable Use Policy;
- Problems elsewhere on the internet that prohibit you from viewing your account. AJT Graphics is not responsible for browser, DNS, or other caching that might make it appear your site is unavailable even though others can still access your information. This guarantee covers areas AJT Graphics controls such as our servers, routers, and switches.
In order to receive credit send us an email to support[at]ajtgraphics.com. The request must be received by AJT Graphics within ten (5) business days after customer's Web Site was not available. If the unavailability is confirmed by AJT Graphics, credits will be applied to the current billing cycles after e-AJT Graphics receipt of customer's credit request.
Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by AJT Graphics and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer's Web site. The SLA applies to all clients that host with AJT Graphics and are current (i.e., not past due) for all accounts and services provided by AJT Graphics.
Contact Us:
You can contact us at support[at]ajtgraphics.com if you have any questions about this policy.
AJT Graphics reserves the right to edit the these terms at anytime.