WEB HOST TERMS
The term ‘Modern Maven Studio’ or ‘Modern Maven’ or ‘us’ or ‘our’ or ‘we’ refers to Modern Maven Studio (ABN 78 621 921 932), the owner of the website. The term ‘you’ or ‘your’ refers to the website user.
MODERN MAVEN STUDIO will not be held responsible for the management of the websites by the hosting agent FLYWHEEL (this includes hacked websites). It is YOUR responsibility to back up your own sites and arrange any necessary security to protect your website. If you sign up for our monthly maintenance WEBSITE CARE PLAN, this will automatically be done for you.
YOU agree to the terms of service outlined by Flywheel.
YOU agree to a 12 month minimum term agreement.
MODERN MAVEN STUDIO reserves the right to amend this Agreement and will notify you of any such changes via electronic mail. Your continued use of the Services after any change to this Agreement constitutes your agreement to be bound by any such changes.
We currently do not offer any e-mail hosting solutions. Customer will need to use a third party to host their e-mail accounts or mail exchange servers.
Client agrees to indemnify, defend, and hold harmless MODERN MAVEN STUDIO, its directors, officers, employees and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of Client’s representations, warranties, or agreements hereunder; (ii) arises out of the negligence or willful misconduct of Client; or (iii) any of the Client Content to be provided by Client hereunder or other material on the Website infringes or violates any rights of third parties, including without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets, and/or licenses.
Upon completion of the term, Client acknowledges and agrees that the term will renew automatically for successive terms of length equal to the prior term unless Client notifies MODERN MAVEN STUDIO of its intent to not renew the Website Services.
Either party may terminate this Agreement if a bankruptcy proceeding is instituted against the other party which is acquiesced in and not dismissed within thirty (30) days, or results in an adjudication of bankruptcy, or the other party materially breaches any of its representations, warranties or obligations under this Agreement, and such breach is not cured within thirty (30) days of receipt of notice specifying the breach, except that the cure period for failures of payment obligations shall be ten (10) days. Flywheel may terminate this Agreement at any time and for any reason by providing written notice of termination to Client and refunding a pro rata portion of fees paid to Client for Website Services not yet rendered on the date of termination.
Upon any termination or expiration of this Agreement, Client shall pay all unpaid and outstanding fees through the effective date of termination or expiration of this Agreement.
Except for the payment of fees by Client, if the performance of any part of this Agreement by either Party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
This Agreement shall be governed in all respects by the laws of the State of Nebraska (United States of America) and the State of New South Wales (Australia) without regard to its conflict of laws provisions, and without regard to the UN Convention on Contracts for the International Sale of Goods.
Client shall designate one (1) person who will act as the primary liaison for all communications regarding the Services.
Client is advised to print a copy of this Agreement for its records, as the Agreement may need be referenced from time to time.
Flywheel, MODERN MAVEN STUDIO and Client desire to facilitate certain transactions pursuant to this Agreement by exchanging documents, records and signatures electronically or by utilizing electronic agents. The use of electronic facilities or agents shall be in accordance with procedures established by Flywheel and governed by the applicable provisions of the Uniform Electronic Transactions Act as adopted in the State of Nebraska, Untied States of America AND New South Wales, Australia.
By clicking the “YES” button, you agree to be bound by the terms of this Agreement and have used your electronic signature to agree to the terms of this Agreement.