TERMS AND CONDITIONS
Welcome to 1HostCMS. The following Terms and Conditions, which include the Site Policies, are a contractual agreement between you and 1HostCMS (including our corporate subsidiaries). The Terms and Conditions together with the Site Policies are collectively referred to as the Terms and Conditions. By visiting or using the services available from the domain and sub-domains of www.1HostCMS.com (the Site), you are agreeing to be legally bound by these Terms and Conditions. If you do not accept these Terms and Conditions in their entirety, you may not access or use the 1HostCMS marketplace
We reserve the right to revise these Terms and Conditions and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.
1. MEMBER ELIGIBILITY AND OBLIGATIONS
To access Site Services through our Site, you must be a legal entity, or an individual in business 18 years or older who can form legally binding contracts. To register for an Account with 1HostCMS and become a Member, you must accept all of the Terms and Conditions. By becoming a Member, you agree to: (a) abide by the 1HostCMS Terms and Conditions and the processes, procedures, and guidelines described throughout the Site; (b) be financially responsible for your use of the Site and the purchase or delivery of Provider Services; and (c) perform your obligations as specified by any Terms that you accept, unless such obligations are prohibited by law or by the 1HostCMS Terms and Conditions. 1HostCMS reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone.
1.1 REFUND POLICY
Each of 1HostCMS.com service includes a full 30-days money back guarantee. If Customer is not completely satisfied with our services within the refund time period of 30 days, then Customer has the right to a full refund (excluding any Set Up Fees, Domain Name Registration Fees and / or Overages). No refund is available after that period. Accounts cancelled/terminated for violating the Terms Of Service do not qualify for the 30-day money back guarantee. Only first-time accounts are eligible for a refund. Refunds are processed in the same manner payment was made and may take up to 5-15 business days to complete.
To become a Member and access Site Services through our Site you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.
Member represents, warrants, and agrees to grant access to the Account only to Users authorized to act on behalf of the Member and only in accordance with these Terms and Conditions. Additionally, Member represents, warrants, and agrees to be fully responsible and liable for any action of any User who uses the Account. You agree (a) not to use any Account, username, or password of another User of the Site that you are not authorized to use and (b) not to allow others who are not authorized to do so to use the Account at any time.
You authorize 1HostCMS to assume that any person using the Site with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.
3. RELATIONSHIP BETWEEN BUYERS AND PROVIDERS
3.1. Member Contracts
The dealing, contracting and fulfillment of an Assignment is between a Buyer and a Provider. Upon acceptance of a bid, the Buyer agrees to purchase, and the Provider agrees to deliver the Provider Services in accordance with the following agreements: (a) the agreement between Buyer and Provider including the bid and Terms as accepted on the Site, (b) these Terms and Conditions, and (c) any other contract uploaded to the Site by the parties (collectively, the Member Contract). You agree not to enter into any contractual provisions in conflict with these Terms and Conditions. Any provision of a Member Contract in conflict with these Terms and Conditions is void. Buyer is responsible for managing, inspecting, accepting and paying for satisfactory Provider Services in accordance with the Member Contract in a timely manner. Provider is responsible for the performance and quality of the Provider Services in accordance with the Member Contract in a timely manner. Client and Provider each covenants and agrees to act with good faith and fair dealing in performance of the Member Contract.
3.2. Independent Contractors
Buyer and Provider each acknowledges and agrees that their relationship is that of independent contractors. The Provider shall perform the Provider Services as an independent contractor and nothing in these Terms and Conditions shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Provider and Client or between 1HostCMS and any Provider or Buyer.
4. RELATIONSHIP WITH 1HostCMS
1HostCMS is not a party to the dealing, contracting and fulfillment of an Assignment between a Buyer and a Provider, including the Provider Services. 1HostCMS has no control over and does not guarantee the quality, safety or legality of Provider Services advertised, the truth or accuracy of Postings, the qualifications, background, or abilities of Members, the ability of Providers to deliver Provider Services, the ability of Buyers to pay for Provider Services, or that a Buyer or Provider can or will actually complete a transaction.
All rights and obligations for the purchase and sale of Provider Services are solely between Buyer and Provider. Buyer and Provider must look solely to the other for enforcement and performance of all the rights and obligations arising from Member Contracts and any other terms, conditions, representations, or warranties associated with such dealings.
5. USER CONTENT
You are solely responsible for content or any other information provided to the Site. You understand and agree to the following:
1HostCMS is only acting as a venue for the online distribution and publication of User Content. However, no warranties as to the actual distribution or publication of User Content are made or implied. 1HostCMS has the right (but no obligation) to take any action deemed appropriate with respect to User Content if it is believed that such content may create liability for 1HostCMS, harm our business operation or reputation, or cause 1HostCMS to lose the services of our suppliers.
You represent and warrant that User Content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about You or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
6. Account Termination and Suspension
These Terms and Conditions shall become effective as your contractual agreement upon your acceptance or your use of the Site, and shall continue until your Account is terminated by 1HostCMS or you as provided for under the terms of this Section.
1HostCMS reserves the right to temporarily suspend, indefinitely suspend or terminate your Account or an Assignment with no prior notification, and refuse to provide any or all Site Services to you if : (a) you breach the letter or spirit of any terms of these Terms and Conditions or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole discretion that your actions may cause legal liability for you, our Members or for 1HostCMS or are contrary to the interests of the Site or the 1HostCMS user community.
Any termination of an Account will automatically lead to the termination of all related Accounts. Once indefinitely suspended or terminated, you must not continue to use the Site under the same Account, a different Account, or reregister under a new Account.
In the event your Account is automatically terminated (a) you will not receive any credit or payment from 1HostCMS unless irregularities are cleared from your side; (b) 1HostCMS shall continue to perform those 1HostCMS Services necessary to complete any open transaction between you and another Member; and (c) you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to 1HostCMS for any Site Services and to any Providers for any Provider Services.
Without limiting 1HostCMS's other remedies, to the extent you engage in actions or activities which circumvent the 1HostCMS Site or otherwise reduce fees owed 1HostCMS under these Terms and Conditions, you must pay 1HostCMS for all fees owed to 1HostCMS and reimburse 1HostCMS for all losses and costs (including any and all 1HostCMS employee time) and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with all your previous posts and proposals.
In addition, violations of these Terms and Conditions may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
You are responsible for creation, storage, and backup of your business records. These Terms and Conditions and any registration for or subsequent use of this Site will not be construed as creating any responsibility on 1HostCMS's part to store, backup, retain, or grant access to any information or data for any period.
8. MISCELLANEOUS TERMS
You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. 1HostCMS will not be considered to have modified or waived any of our rights or remedies under these Terms and Conditions unless the modification or waiver is in writing and signed by an authorized representative of 1HostCMS. No delay or omission by 1HostCMS in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of these Terms and Conditions is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms and Conditions to anyone without the express written permission of 1HostCMS, and any attempt to do so will be null and void. 1HostCMS may assign these Terms and Conditions in its discretion.
Server Consulting Group Ltd
Serm-mit Tower, Sukhumvit 22Road (Asoke), Klongtoey Nua, Wattana
Tel: +852 8175 3617
Our maximum respond time to any query is 48 hours.