GENERAL TERMS AND CONDITIONS

Confluence Internet Services Inc. is a professional information technology services organization that is committed to providing the highest level of service to each and every client. To insure that we are able to honor this commitment, limit confusion about our services and to establish fundamental guidelines, the following is provided for your review. Using this site means you accept its terms.

TERMS

Term: Hosting, managed servers and co-location Clients term will run for a period of one-year commencing the day that the service is launched unless a different time period was stipulated as part of an agreement.
Fee Term: Client fees will not increase during the term of the contract, which is one year from the launch date unless amended as part of a separate agreement.
Terms: Terms for all work is due and payable upon receipt of the invoice.
Advance Payment: Hosting, Managed Servers and Co-Location are paid one month in advance.
Rate Schedule: Confluence Internet Services Inc. reserves the right to modify its rate schedule at any time. If the rate schedule is changed we will notify all Clients at least thirty (30) days in advance of changes.
Automatic Renewal: Client's contracts will renew automatically at the rate schedule in force at the time of renewal. Notification of renewal is communicated via email and will begin thirty (30) days in advance of the renewal date. If no response has been received you will again be notified at fifteen (15) days before the renewal date. If no response has been received by the renewal date you will receive a notification that your service will be taken down if notification and payment are not received within five (5) days of the renewal date.
Domain Names: Each Client is responsible for the renewal of their domain name(s) and all fees associated with maintaining their domain name (s). Any domain name registered on Client's behalf will be made in Client's name for both the billing and administrative contacts. The technical contact is generally required to be the hosting ISP or Confluence Internet Services Inc.. Web Designer will not register domain names in Web Designers name. No Client or Customers of the Client shall attempt to use, modify or change the CIS Network Solutions handle or technical contact.
Liability: The account holder will indemnify and hold harmless Confluence Internet Services Inc. against any loss, damage, cost and expense which Confluence Internet Services Inc. may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, trademark or trade name infringement, domain name disputes, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the account holder's use of the service including, without limitation, the expense and cost of defending any and all such claims and actions, except where such claims result solely from the negligence of Confluence Internet Services Inc. failure to perform its obligations under this agreement. The provisions of this paragraph shall survive termination of this agreement.
Copyright or Trademark Infringement: If Confluence Internet Services Inc. is informed of an alleged copyright or trademark infringement involving an account, Confluence Internet Services Inc. will attempt to notify the account holder of those allegations and secure a response. Confluence Internet Services Inc. may, in its sole discretion, remove or terminate the account containing, on a temporary or permanent basis, materials which Confluence Internet Services Inc. believes may create, constitute, or contribute to copyright or trademark infringements. Account holder expressly waives the right to assert any claims against Confluence Internet Services Inc. for any such removal or termination. To inform Confluence Internet Services Inc. of a possible infringement please send an email to ron@confluence-is.net
Large Files: Hosted Clients who maintain their own web services will be required to reduce image file sizes that are unnecessarily large to reduce excess bandwidth usage. If contracted megabyte space usage exceeds the contracted amount, a pro-rated charge will be assessed over and above the contracted fee.
First Contact: Clients first contact for technical help will be through the "Help Desk" form on the CIS web site. We maintain a level of support to help you find solutions in a timely manner. More information on the metrics of this service and priority levels are found on the CIS web site, under "Help Desk".
Non CIS Clients: Your Customers contacting CIS "directly" for technical support or other consulting will cause you the Client to be billed for CIS's time for phone calls, emails, faxes or other communication at the current billing rate for those services.
Billing Method: CIS Invoices all Clients electronically using email. Invoices will be mailed via United States Postal Service on request only.
Interruption of Service: If there is an interruption of service to Managed Server Clients or Co-locate Clients for late or non-payment of services and the Client requests that service be continued, a reconnection fee of $300.00 will be assessed.
Termination: Either party through formal written notification and mailed via United States Postal Service may terminate this relationship. This notification must be submitted at least thirty (30) days prior to the requested termination date.
Indemnification: Client warrants that everything it puts on the Hosted Web Site, Managed Server, or Co-Located Server is legally owned or licensed to the Client. Client agrees to indemnify and hold Confluence Internet Services Inc. harmless from any and all claims brought by any third party relating to any aspect of the data, including, but without limitation, any and all demands, liabilities, losses, costs and claims including attorney's fees arising out of injury caused by Client's products/services, material supplied by Customer, copyright infringement, and defective products sold via the Web Site.
Attorney's Fees: In the event Confluence Internet Services Inc. employs an attorney to enforce any of the terms of an Agreement, Confluence Internet Services Inc. shall be entitled to recover its actual attorney's fees and costs, including expert witness fees.
Transfer of Rights: In the event a Client is unable to continue maintenance of a web site non-exclusive rights to the web site will be granted to Confluence Internet Services Inc.
No Responsibility for Theft: Confluence Internet Services Inc. has no responsibility for any third party taking all or any part of any Clients data, text, content, images or web site.
Use of Web Site for Promotional Purposes: Client grants Confluence Internet Services Inc. the right to use any Web Site for promotional or demonstration purposes and/or to cross-link it with other web sites.