Terms Of Service

Payments

Invoices for website or graphic projects must be paid either in full or at least 50% of the project total down before AmityDEV can start on any project. The remaining 50% of the project total must be paid before the completion and/or delivery of a project. For larger projects, payment installments may be arranged.

If the customer fails to pay his or her remaining project dues after the customer’s website is live on AmityDEV’s server for 15 days after the hosting account is created, the customer’s account will be suspended. If there is no action (by making a payment or making communication or making any form of contact to AmityDEV) from the customer within 15 days from the suspension date, AmityDEV assumes that the account has been abandoned and/or forfeited and all files become property of AmityDEV and/or are deleted from our servers. If AmityDEV receives failed payments from a customer for hosting services, the customer’s account will be suspended after 15 days of the last payment cycle date. If there is no action (by making a payment or making communication or making any form of contact to AmityDEV) from the customer within 15 days from the suspension date, AmityDEV assumes that the hosting account has been abandoned and/or forfeited and all files become property of AmityDEV and/or are deleted from our servers.

Web and Email Hosting

To ensure high quality maintenance and security of your website, AmityDEV offers self-managed and managed hosting options. We offer affordable Hosting/Support packages to accommodate your needs. Hosting must be paid following the completion date of a web project. Domain name registration must be paid before we register a domain name for you.

AmityDEV provides Internet server space rental to its customers for the express purpose of allowing customers to provide http Internet content to the general public. AmityDEV’s hosting service has a 99.9% uptime guarantee. The hosting service allows AmityDEV”s customers to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. AmityDEV customers will use the provided services in a manner consistent with any and all applicable laws. While AmityDEV provides the hosting service, it makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such hosting services.

AmityDEV is not responsible for any down time caused by any customer’s hardware or network malfunction which is outside of AmityDEV’s capability to directly correct. AmityDEV’s customers are diverse and their web sites and the function of those web sites are diverse and AmityDEV cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.

The customer is found to have violated the terms of service if the customer is storing files for archiving purposes. In such case, the customer’s contents will be removed and while we make best effort to contact customers beforehand, removal of files can occur without notice. Removal of files includes the removal of e-mails should the customer’s e-mail storage be excessive in which our shared server environment has been or will be impacted. It is recommended that our customers archive their emails on a local machine or external hard drive.

Backups:

Backups are made on a nightly basis and are retained for 24 hours for disaster recovery purposes only. This is intended strictly in the case of emergencies, such as file system failures or mass data loss as a result of a system failure. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Customers can request access to their server accounts at any time while their customer account is active. AmityDEV is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.

Self-Managed Hosting/Support Plan

Our Self-Managed Hosting/Support package includes unlimited troubleshooting. This does not include tutorials, training, re-training, or any services listed in the description for the Managed Hosting/Support package. Troubleshooting means that AmityDEV will fix any errors on your site (if any) or if something on your site isn’t functioning properly or if you need username and password assistance.

Managed Hosting/Support Plan

The Managed Hosting/Support package includes a set number of hours of work on your website per month. There is a minimum contract of 3 months required to use the Managed Hosting/Support plan. This work includes any regular maintenance to your site to keep your site updated, such as adding graphics, updating/adding content, sending a newsletter, adding another product to your e-commerce site, etc. It does not include the cost of new applications or custom application development, such as a shopping cart or photo gallery, or any similar or related dynamic content, applications, or graphic design services. If you require any dynamic content, new application, programming services, or graphic design services, this is considered an “add-on” service and is charged at our regular hourly rate. The time to add these features to your website will be deducted from the set number of hours. The set number of hours does not roll over to the next month. In other words, if the customer does not use the entire number of set hours by the end of the month, then the remaining time is forfeited and the time is reset for the following month. If the customer needs more than the indicated set number of hours, AmityDEV can work with the customer in creating a custom set number of hours per month. If the customer”s work request goes over the set number of hours in his or her monthly hosting/support plan, AmityDEV will contact the customer indicating so BEFORE the work is applied to his or her website. Please note that any extra work exceeding the customer”s set number of hours will be billed at AmityDEV’s regular hourly rate.

The minimum amount of time used to apply changes to the customer’s website is 20 minutes. It may take up to 3 business days for AmityDEV to apply changes to a customer’s website. Prices and details of our hosting/support packages are subject to change.

Tiered Managed Hosting Plans

Our Tiered Managed Hosting Plans are designed for larger websites with specific hosting needs. Please speak with one of our representatives to learn more about our tiered plans.

Hosting/Support Plan Payments

Hosting/Support plans must be paid with a credit or debit card as either monthly or annual automatic debits. The customer must provide a reliable email address to receive notifications (for account payments, account alerts, payment failures, etc.) about his or her account at the time of sign up. All notifications are sent electronically by email to the email address on the billing account. Accounts with payment failures will be notified by email and will be temporarily suspended until payment is received If the customer does not take action (by making a payment or making communication or making any form of contact to AmityDEV) within 30 days of the first payment failure, it is assumed that the account has been abandoned and/or forfeited and all files become property of AmityDEV and/or are deleted from our servers.

Facebook Platform Updates and Your Facebook Page Design

Periodically, Facebook updates their platform and occasionally those updates effect the layout / design of customized pages. We will do everything we can to accommodate our customers when these changes occur, however we are not responsible for how these changes / updates affect the display of a customized design. You must notify us immediately if your design has been affected. AmityDEV is NOT affiliated or associated with Facebook.

Custom Software/Programming Use and License

Unless otherwise stated, custom software and custom programming is released to the customer under the GNU/GPL license. While extensive debugging and testing has been provided to ensure the custom programming and software is free from defects, the final-product cannot be guaranteed to work flawlessly and in conjunction with third-party extensions.

Third Party Stock Images, Content, and Software Use

Stock images and software from a third party may be used in the customer’s website or graphic design. If stock images and software are to be used in the customer’s design, the customer is responsible for the cost of the image(s) and software. All warranties are provided by the original manufacturer for any non-AmityDEV software and hardware.

Moreover, it is assumed that any third party images, content, or software given to AmityDEV from the customer to use in the customer’s project are owned or purchased by the customer and the customer has legal rights to use or distribute the images, content, or software. If the customer does not have legal rights to use or distribute the images, content, or software it is the customer’s responsibility to obtain any license from the third party to use or distribute the images, content, or software. If the customer uses or adds any images, content, or software from any third party to his/her website or design without AmityDEV’s knowledge, then the customer is responsible for any and all claims, liabilities, costs, damages, fees and/or expenses (including reasonable attorney fees) arising from any breach of law for the misuse of the third party’s images, content, or software. Moreover, the customer shall indemnify AmityDEV and any of its employees or agents against all claims, liabilities, costs, damages, fees and expenses (including reasonable attorney’s fees) arising from any action based upon any third party images, content, or software on the Web Site that is solely provided by the customer.

AmityDEV is not responsible for the misuse of any images, content, or software license(s) or copyright(s) from any third party obtained from its customers and/or used in the customer’s design or website and/or added or put into the design or website by the customer. AmityDEV does not misuse or infringe the copyright or license of any images, content, or software from third parties. AmityDEV does not condone the infringement of copyrights or license misuse of any third party images, content, or software.

The customer agrees to defend, indemnify, and hold AmityDEV, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, the customer’s misuse of images, content, or software license(s) or copyright(s). The customer agrees to reimburse AmityDEV for any legal and accounting fees resulting from, or alleged to result from, the customer’s misuse of images, content, or software license(s) or copyright(s).

Third Party CMS and Software License Use

All websites need maintenance from time to time. If a customer’s website is using third-party software with a limited-time use license, as part of regular website maintenance, AmityDEV will provide updates to the customer’s website while the license is valid. The cost of the renewal of the license is the responsibility of the customer. After the license is renewed, AmityDEV will continue to provide updates to the third party software to the customer’s website.

AmityDEV will update the customer’s third party content management system (CMS) when stable updates are available. From time to time, the third party CMS will introduce a newer version of its CMS in which all older versions require a special procedure to convert it to the newer version. The cost to convert the older version of the CMS to the newer version is the responsibility of the customer. If the customer is using any third party software for the older version of the CMS, this software may or may not be compatible with the newer version of the CMS. The cost to upgrade this software is the responsibility of the customer.

Refund Policy

Since AmityDEV sells non-tangible services, once we have received payment from the customer, we are unable to issue refunds. However, we do guaranteed our customers 100% satisfaction. We keep working with you to make sure your project is absolutely how you want it.

Proposals & Estimates

All warranties are provided by the original manufacturer (OEM) for non-AmityDEV software and hardware.

Unless otherwise stated, prices and details outlined in our proposals and estimates expire 30 days after the proposal date. If no deposit or initial payment is paid within the 30 days, the prices and details outlined in our proposals and estimates are subject to change.

By using this site and our services, you certify that you have read and agree to our Terms of Service. Our Terms of Service are subject to change at any time with or without notice. AmityDEV reserves the right to refuse service to anyone for any reason at any time.

Fees

Overdue balances are subject to a late fee of 5% of the Total plus $25 every additional month late. Returned check fee is $45 per check. Credit and debit card chargeback fees are $45 per chargeback. The customer is responsible for paying the chargeback fee associated with his or her chargebacks and his or her returned checks.

Privacy Policy

All of AmityDEV’s clients personal information is 100% secure and safe due to the fact that all of its transactions and data transfers are securely encrypted before they are sent to our servers from the clients browser¬† payments are also 100% secure thanks to our Secure Sockets Layer (SSL) certificate you can read more about SSL certificates¬†Here Secure Sockets Layer (SSL)

By visiting https://www.amitydev.com or using any of our services you automatically agree to our updated TOS which can change at any moment without prior notice.