Terms of Service
These Terms of Service ("Terms") apply to all web hosting, managed website, and design services provided by ConfusionDesign ("we", "us", "our"). By ordering or using our services, you ("you", "the customer") agree to these Terms and to our Acceptable Use Policy. If you don't agree, please don't use our services. Our Privacy Policy explains how we handle personal information.
1. Our services
We offer web hosting, a Managed Website plan (design, build, hosting, and ongoing care), and custom web work quoted per project. The features and limits of each plan are the ones described on our Services page when you purchase or renew. We may update the technology behind our services, as long as the change doesn't materially reduce what your plan includes.
2. Your account
- Keep your contact details accurate so we can reach you about billing, security, and service notices.
- You're responsible for keeping your control panel, email, and other passwords secure, and for all activity under your account.
- Tell us right away if you believe someone has accessed your account without permission.
3. Billing and renewal
- Hosting plans are billed yearly in advance.
- Managed Website is billed monthly in advance, plus a one-time setup fee billed before work begins.
- Plans renew automatically at the end of each billing period unless you cancel before the renewal date.
- We'll give you at least 30 days' notice before a price change. The new price applies from your next renewal.
- If a payment is overdue, we may suspend your services after notifying you, and we'll restore them once the balance is paid.
4. Refunds
- Hosting: if you cancel within 30 days of your first purchase, we'll refund it in full. Renewals, and cancellations after 30 days, aren't refundable.
- Managed Website: the setup fee is non-refundable once design work has started. Monthly fees aren't refundable.
- No refund is due when services are suspended or ended because of a breach of these Terms or the Acceptable Use Policy.
5. Cancellation
- Hosting: you can cancel at any time. Your service continues until the end of the period you've paid for.
- Managed Website: there is a 3-month minimum commitment. After that, the plan continues month to month and you can cancel with 30 days' notice.
- When your services end, we keep your files, email, and databases for 14 days and then permanently delete them. Download anything you want to keep before your service ends.
6. Resource limits and fair use
Each plan includes limits on storage, bandwidth, email, databases, and other resources. If your account goes over a limit, we'll contact you first so you can upgrade or reduce your usage. If an account affects server performance or other customers, we may limit or suspend it to protect the service, with notice where we reasonably can.
7. Access to your account
Hosting accounts are managed through the HestiaCP control panel and its file manager. Shell (SSH) and SFTP access are not included with hosting-only plans.
8. Backups
We make automatic backups as a safety net. We don't guarantee that any backup will be complete, current, or restorable, so please keep your own copies of your website, email, and data.
9. Your content
You keep ownership of the content you put on our services, and you're responsible for it, including making sure you have the right to use it. You give us permission to store, copy, and serve your content only as needed to provide the services to you.
10. Domain names
Domain names we register for you are registered in your name, and you can transfer them at any time. If your plan includes domain registration, we renew the domain while your plan is active and paid. After your plan ends, renewing the domain is your responsibility.
11. Availability and maintenance
We aim for 99.9% uptime, but we can't promise the services will be uninterrupted or error-free. We schedule planned maintenance for low-traffic hours where we can, and we give notice before planned work that we expect to cause downtime. Urgent security or stability work may happen without notice.
12. Suspension and termination
We may suspend or end your services if you break these Terms or the Acceptable Use Policy, if you don't pay, or if the law requires it. If your account puts the server, other customers, or the public at risk, we may act immediately. Otherwise, we'll give you notice and a reasonable chance to fix the problem.
13. Disclaimer
Except as stated in these Terms, our services are provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
14. Limitation of liability
To the fullest extent the law allows, we aren't liable for indirect, incidental, special, or consequential damages, including lost profits, lost revenue, or lost data. Our total liability for any claim relating to the services is limited to the amount you paid us for those services in the 12 months before the claim arose.
15. Indemnity
You agree to cover any claims, losses, and reasonable legal costs brought against us because of your content, your use of the services, or your breach of these Terms or the Acceptable Use Policy.
16. Changes to these Terms
We may update these Terms from time to time. For material changes, we'll email you or post a notice at least 30 days before they take effect. If you keep using the services after that date, you accept the updated Terms.
17. Contact
Questions about these Terms? Reach us at bryan@confusiondesign.com.