Terms of Service

  1. ORDERING SERVICES

1.1 Customer’s use of the Services is governed by these Terms of Service, which are incorporated by reference in the terms of your Order.

1.2 Customer’s use of the Services includes a representation that the individual placing the Order for Customer has the legal authority to enter into contractual commitments and make purchases for the Customer.

1.3  Liquid Web’s obligation to begin providing Services is contingent on Customer’s satisfying Liquid Web’s credit approval criteria. Further, Liquid Web may, in its sole discretion, accept or reject any Order Customer submits.

1.4  Customer warrants and represents that the Order is placed on behalf of a business and not a consumer.

 

  1. human digital solutions co.,ltd OBLIGATIONS

human digital solutions co.,ltd will provide Services to Customer subject to these Terms of Service.

 

  1. CUSTOMER OBLIGATIONS

3.1  Customer agrees: (i) comply with applicable law and these Terms of Service, (ii) pay the fees for the Services when due, (iii) cooperate with human digital solutions co.,ltd’s investigation of service outages and any suspected breach of these Terms of Service

 

  1. ACCEPTABLE USE

4.1  Customer shall use the Services in compliance with all applicable state, federal, or international laws, statutes or codes, specifically including data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages.

 

  1. TERMINATION FOR VIOLATION OF ACCEPTABLE USE

5.1 human digital solutions co.,ltd has the right to investigate potential violations of paragraph 4. If human digital solutions co.,ltd determines that a breach has occurred, then human digital solutions co.,ltd may, in its sole discretion:

 

  1. Restrict Customer’s and its users’ access to the Services;

 

  1. Remove or require removal of any offending Content;

 

  1. Terminate this Agreement for cause;

 

  1. Exercise any other rights and remedies it may have, at law or in equity.

 

5.2  Except in an emergency or as may otherwise be required by law, before undertaking the actions in paragraph 5.1, human digital solutions co.,ltd will attempt to notify Customer by any reasonably practical means under the circumstances, such as, without limitation, by telephone or e-mail. Customer will promptly notify human digital solutions co.,ltd of any event or circumstance related to this Agreement, Customer’s or any user’s use of the Services, or content of which Customer becomes aware, that could lead to a claim or demand against human digital solutions co.,ltd, and Customer will provide all relevant information relating to such event or circumstance to human digital solutions co.,ltd at human digital solutions co.,ltd’s request.

 

  1. TERM AND RENEWAL

6.1  Term. The initial term for each Order begins on the effective date stated in an Order or, if no effective date is stated, the initial term shall be begin on the date human digital solutions co.,ltd makes the Services available for Customer’s use (“Effective Date”) and continues for the period stated in the Order. If no period is stated in the Order, then the initial term shall be one (1) month. Upon expiration of the initial term, the Order will automatically renew for successive renewal terms of one (1) month each, unless and until either party gives the other a written notice of non-renewal prior to the expiration of the initial term (or then-current renewal term, as applicable, following the process in 6.2 below.

6.2  Cancellation/Non-Renewal. Customer may give notice of non-renewal or cancellation by emailing lynn@designbyhuman.com and submitting a cancellation request. No other form of cancellation will be effective and the month-to-month agreement for services is automatically renewed each month until such notice of cancellation email is provided.

 

  1. BILLING AND ACCOUNT SET-UP

7.1  human digital solutions co.,ltd will charge Customer and Customer agrees to pay when due the fees for the Services in accordance with its Order.

7.2  human digital solutions co.,ltd may increase fees for the Services provided under an Order upon thirty days advance written notice as follows:

  1. For Services provided on a month-to-month term, human digital solutions co.,ltd may, increase fees effective the first day of the next month following the notice period.
  2. For services provided over a term greater than one month, human digital solutions co.,ltd may, increase fees for the services provided under an Order as of the first day of the next renewal term beginning more than thirty (30) days from the date following the notice period.

 

7.3  human digital solutions co.,ltd may suspend all Services (including services provided under multiple Orders or other contracts with Customer) if charges to Customer’s credit card or other payment facility are rejected, or Customer fails to make payment by an agreed upon alternative payment method. human digital solutions co.,ltd may charge interest on overdue amounts at 1.5% per month (or the maximum legal rate if it is less than 1.5%).

 

7.4 In the event human digital solutions co.,ltd brings a legal action or engages a collection agency to collect Customer’s unpaid balances, Customer will be liable for payment of all reasonable costs of collection, including legal fees and court costs. Any “credit” that liquid Web may owe Customer, such as a credit for failure to meet a Service Level Agreement, will be applied to fees due from you for Services, and will not be paid to you as a refund.

 

7.5  If there is a dispute with respect to any portion of an invoice, Customer shall pay the undisputed portion of the fees when due and provide written details specifying the basis of any disputed portion of the invoice.

 

7.6  Charges that are not disputed within sixty (60) days of the date charged are conclusively deemed accurate.

 

7.7  Customer authorizes Liquid Web to obtain a credit report on Customer at any time during the term of an Order.

 

  1. SUSPENSION OF SERVICES

 

8.1  human digital solutions co.,ltd may suspend some or all of the Services without liability to Customer if Customer (i) fails to pay the applicable fees for the Services when due (ii) the Services are being used, have been used, or will, with commercially reasonable certainty, be used in breach of these Terms of Service; (iii) Customer fails to cooperate with an investigation of any suspected breach of the Acceptable Use provisions of these Terms of Service; (iv) human digital solutions co.,ltd reasonably believes that the Services have been accessed or utilized in any way by a third party without Customer’s consent, or (v) suspension of services is reasonably necessary to protect human digital solutions co.,ltd’s hosting environment and/or its customers.

 

8.2  human digital solutions co.,ltd will provide Customer reasonable advance notice of a suspension based on a violation of these Terms of Service and a chance to cure the violation on which the suspension is based, unless human digital solutions co.,ltd determines, in its reasonable commercial judgment, that an immediate suspension is necessary to protect human digital solutions co.,ltd’s network and its customers’ data from an imminent, significant operational, network integrity or security risk.

 

8.3  Suspensions based on Customer’s breach of these Terms of Service will not relieve Customer’s obligation to pay for the suspended Services during the period of suspension. Any suspension imposed under this paragraph will be terminated upon Customer’s cure of the breach causing the suspension. In the event the Customer is unable to cure the breach within fifteen (15) days from the date on which the breach occurred, the suspension may be treated as a termination for Cause. If Customer’s Services are compromised, then Customer must resolve the cause of the compromise before human digital solutions co.,ltd will reinstate service.

 

8.4  In the case that Service is suspended for Customer’s breach of these Terms of Service human digital solutions co.,ltd shall have the right to deny access to, and/or, destroy data stored on the compromised server or account. human digital solutions co.,ltd may at its own discretion allow access to a suspended account.

 

  1. TERMINATION FOR CAUSE

 

9.1  Customer may, upon written notice, terminate an Order for breach of these Terms of Service if human digital solutions co.,ltd (i) materially fails to provide the Services as agreed and does not remedy that failure within fifteen (15) days of your written notice describing the failure; (ii) materially fails to meet any other obligation stated in the Order and does not remedy that failure within thirty (30) days of Customer’s written notice describing the failure.

 

9.2 human digital solutions co.,ltd may, upon written notice, terminate an Order if Customer (i) provided materially inaccurate or incomplete information of the purpose of obtaining the Services; (ii) Customer did not have the legal right or authority to enter the Order; (iii) Customer fails to make payment of any invoiced overdue amount within five (5) Business Days of our written notice of delinquency; (iv) Customer made payment arrangements via credit card or other third party, and the third party refuses to honor or reverses human digital solutions co.,ltd’s charges; (v) Customer is in breach of the Acceptable Use provisions of these Terms of Service and (v) Customer fails to comply with any other obligation stated in the applicable Order and does not remedy the failure within fifteen (15) days of human digital solutions co.,ltd’s written notice to Customer describing the failure.

 

9.3  Either party may terminate an Order with immediate effect on written notice if the other party (or we reasonably believe that the other party) (i) is unable to pay its debts; (ii) enters into compulsory or voluntary liquidation; (iii) convenes a meeting of its creditors; (iv) has a receiver or manager or an administrator appointed (or an application is made to the court for the same); or (v) ceases for any reason to carry on business or takes or suffers any similar action which means that it may be unable to pay its debts (each an “Insolvency Event”). Notwithstanding anything to the contrary in the Order, the fees for the Services shall become due immediately upon the occurrence of an Insolvency Event.