Terms of Service
For customers utilizing website hosting, website development, or other services provided by xy.consulting LLC / Boost by xy.consulting
Following are terms of services for website hosting, domain registration, and website development services provided by xy.consulting LLC (“xy”). The customer shall provide billing address and any other information necessary for xy to maintain website hosting and registration services. Any information not provided at sign-up will be requested by xy and provided by the customer. Signature on our order form, or submission of an online order for service, indicates agreement to these terms of service.
1. Website Hosting Payment Terms:
Billing for on-going website design & hosting service will commence 14 days after onboarding. Project timelines vary, and the customer payment may be due prior to the launch of a new project. Website hosting and design services are invoiced monthly. Payment is due 14 days after onboarding and on a 30-day rolling basis after the first payment. Termination of Website design and hosting services with xy requires a 30-day advance notification via phone, e-mail or postal mail. If a customer chooses to activate their domain name through xy, their domain name registration will expire with their hosting service. xy reserves the right to change the rates by notifying customers 60 days in advance of the effective date of the change. xy reserves the right to cancel hosting service at any time.
2. Website Hosting Pre-Payment Terms:
xy may offer a discount for paying an entire year of hosting service up front. Refunds will not be issued in the case that a customer cancels their hosting service before the period they have pre-paid for.
3. Payment Terms Website Development:
Custom Website Development: xy requires a minimum of 100% down payment on all custom website development and design services onboarding fees. Onboarding fees on website development are non-refundable, and down payment amount may be modified at xy’s discretion. The final balance is due immediately at project start.
As an xy client, you are reserved two (2) hours of website maintenance and updates a month that are included with your design and hosting fee. Ongoing website maintenance and updates that surpass two (2) hours in a given month are billed at an hourly rate of $75/hour, unless a customized project quotation is established and agreed upon.
4. General Payment Terms:
Payment is due 1 day after the date of an invoice for all services. Accounts are in default if payment is not received within 7 days after the invoice date. If customer pays by check that does not clear, the customer is immediately in default and subject to a returned check charge of $35. Accounts unpaid 14 days after date of invoice will be subject to service interruption. Such interruption does not relieve you from the obligation to pay the monthly charge. Accounts in default are subject to an interest charge of $5.00 or 1.5% per month on the outstanding balance, whichever is greater. If your state law does not allow an interest rate of 1.5% per month, the maximum allowable rate for your state will be charged. If you default, you agree to pay xy its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
5. Content Responsibilities:
The customer is responsible for all content posted or stored on their web hosting space. xy exercises no control over the content or information contained on the servers used for hosting. xy will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. xy is not responsible for backing up data or recovering data in case of loss on the customer’s behalf. There are no warranties expressed or implied for the services the xy provides or the software used by the customer.
6. Service Interruptions:
xy is not responsible for interruptions of service beyond its control. This includes interruptions by its suppliers and natural disasters.
7. Account Credentials:
The customer agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a customer believes that his user ID or password has been compromised, the customer agrees to contact xy immediately via e-mail or telephone.
8. Governing Laws:
xy.consulting’s corporate office is located in Carmel, Indiana. This agreement will be performed in and governed by the laws of the State of Indiana. Any claims or legal action arising out of this Service Agreement must be instituted within one year after the claim or cause has arisen. xy reserves the right to discontinue service for violation of any of the conditions of this service agreement.
All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.
9. Third Party Networks:
Any access to other networks connected to xy’s network must comply with the rules appropriate for that other network.
10. Disk Storage and Bandwidth:
xy will monitor the customer’s current disk storage and bandwidth. If usage exceeds the amount registered for, xy will contact the customer in an attempt to make an arrangement for additional resources. If customer does not respond, or is unable to be reached, xy shall have the right to take corrective actions for exceeding resources. Such actions may include assessing additional charges, increasing service plan, temporarily discontinuing services, or terminating the current agreement. If the customer feels that more disk storage is required, it is the customer’s responsibility to contact xy (firstname.lastname@example.org or 833.284.5399) to discuss options for increased disk storage.
All services provided by xy may be used only in accordance of the law. Storage, documentation, transmission, or presentation of information or data that violates US Federal, State, or City law is strictly prohibited. This includes, but is not limited to, copyrighted or plagiarized material, racist or threatening material, material that is obscene, pornography, “adult only” content, or material protected by other statute.
xy prohibits website hosting customers from participating in pirating unlicensed software, pirating mp3 files, listing hacker programs or archives, hosting warez websites, pornography. The customer agrees to indemnify and hold xy harmless from any claims resulting from his/her use of xy’s services that damage the customer or another party. Use of xy’s web hosting and e-mail Services to send Unsolicited Commercial E-mail (UCE or “SPAM”) is strictly prohibited and may be cause for immediate account termination. The customer agrees to pay xy any reasonable expenses, including attorney and system administration fees, incurred in responding to complaints and damages caused by the action of sending Unsolicited Commercial E-mail.
12. Adherence to Proposal:
It is the responsibility of the customer to review in full all proposals for website development, website design, and other services provided by xy. Should services or resources fall above the scope of the original proposal, xy reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall above the scope of the original project is due prior to development or net 15 days, at xy’s discretion.
13. Project Timeline:
It is the responsibility of the customer to review the project timeline and adhere to the dates for deliverables on their part. Failure to meet deadlines imposed by xy will result in delay of project, or risk putting the project on hold. xy may invoice customer for additional resources should the delay of a project interrupt xy’s workflow. Indefinite delay of a project may result in project termination, and a new development agreement must be reached prior to restarting the project. Down payments for services are non-refundable, and will not be returned to customer should a project be delayed or terminated as a result of the customer failing to adhere to project timeline.
14. Administrative Access:
Xy will remain the primary administrator of all active websites and hosting products.
15. Website Copyright:
The copyright of website content and images contained within the custom website design are owned by the customer. xy retains ownership of the website design and content containers, unless the design is purchased form xy at the customer's cancellation of website design and hosting services.
See cancellation policy for more details on site transfer after cancellation.
16. Website Go Live and Access:
A project is considered complete when full development scope has been reached, and project is approved by the customer. Should customer request changes beyond what was agreed to in the original proposal, xy may complete these changes at additional cost. Xy will first attempt to complete the changes within the 2 hour, monthly budget allotted to the client. If the changes cannot be met within this budget, a separate project scope must be agreed upon or the client may be billed at an hourly rate of $75/hour. Once a project is considered complete, customer has one business week to launch the website, or provide xy with credentials necessary to bring the website live. Failure to launch a website within one week of completion of the project may delay go live date, and may incur additional expenses at xy’s discretion. Once a project is complete, all changes requested will fall under xy’s standard website maintenance schedule. Account access to website and written or verbal training, as agreed to in the initial proposal, will be granted only after final payment for the project is received by xy.
17. Termination/Cancellation Policy:
xy requires a 30-day notice prior to canceling a website design and hosting account. A minimum of 1 year of subscription payments is due at the time of cancellation if the website design and files are to be transferred to customer for continued use.c1 year of consecutive service must be paid for copyright release, or to receive a copy of your website files or an administrative login. Upon cancellation, you will be sent a bill with your final balance (up to 30 days after notification) after your cancel request. At the time of cancellation, all website files, email accounts, and e-mails will be deleted from our server; you are responsible for requesting a backup of these files should you need them for future use.