Terms of Service for Gigapress Hosting Services

Effective Date:15th November 2024

Introduction

By accessing, using, or signing up for services provided by Gigapress.net (referred to here as “Gigapress Services”) offered by Creative813, LLC, you agree to comply with these Terms of Service (“Terms”). If you do not agree to these Terms, please refrain from using Gigapress Services. These Terms form a legally binding contract between you and Creative813, LLC (referred to here as “Gigapress”).

If you are agreeing on behalf of an organization, you confirm that you are authorized to accept these Terms on its behalf, and “Client” or “you” refers to that entity.

General Terms

  1. Definitions
    • “Account” refers to your unique profile for using Gigapress Services, created upon selecting a hosting plan.
    • “Administrator” is an individual designated by the Client to manage the Client’s Account.
    • “Client Data” encompasses all digital content and files uploaded to or created within the Gigapress platform.
    • “Credentials” are the login details, such as usernames and passwords, for accessing Gigapress Services.
    • “Plan” is the chosen hosting package that determines functionality and billing.
    • “Billing Cycle” refers to the recurring monthly or annual payment schedule for Gigapress Services.
    • “Third-Party Applications” include applications, software, or services not owned or managed by Gigapress but integrated with the hosting services.
  2. Acceptance of Terms and Modifications
    Gigapress may update these Terms periodically. We will notify you of significant changes through email or the Gigapress platform. Continued use of the Gigapress Services after a modification constitutes your acceptance of the updated Terms.
  3. Eligibility and Authorized Access
    To use Gigapress Services, you must be at least 18 years of age. You agree to maintain the confidentiality of your credentials and promptly notify us of any unauthorized access or security issues.
  4. WordPress Support and Requests
    • Support Ticket Submission: All WordPress-related support requests must be submitted through the support ticket feature in the Client Dashboard. This ensures prompt and organized assistance.
    • Custom Projects and Quotes: For WordPress updates, design changes, or other custom projects, Clients may request a quote from the Gigapress team by submitting a support ticket through the Client Portal.
  5. Backups and Backup Options
    • Weekly Backups: Gigapress performs weekly backups for WordPress sites and server data as part of the hosting service. However, Gigapress does not guarantee the availability or completeness of these backups.
    • Dedicated Backup Option: Clients may purchase a dedicated WordPress backup option for daily backups. This service provides enhanced data recovery options and security, ensuring a recent version is available if needed.
  6. Service Scope and Client Data
    • Hosting Services: Gigapress grants you a limited, non-transferable license to use our hosting services for storing, managing, and serving your website content.
    • Client Responsibilities: You are responsible for the legality, accuracy, and quality of your Client Data, as well as ensuring it does not contain restricted or sensitive information.
    • Prohibited Content and Activities: Gigapress prohibits hosting illegal content, hacking-related activities, and any other content that violates applicable laws. We reserve the right to suspend or terminate services without notice if prohibited content or activity is detected on Client sites.
    • Third-Party Integrations: Gigapress may provide integrations with third-party services. Use of these integrations is subject to the third party’s terms, and Gigapress is not liable for third-party service interruptions or data issues.
  7. Billing and Payment
    • Payment Terms: You must select a Plan upon sign-up. Fees are charged in advance, based on the Billing Cycle (monthly or annually). Failure to pay fees by the due date may result in service suspension or account termination.
    • Plan Adjustments: You may upgrade or downgrade your Plan. Downgrades may result in loss of features and data. Upgrades will be prorated based on the Billing Cycle.
    • Refunds: All payments are non-refundable. If you terminate your account mid-cycle, you may use the service until the end of the billing period but will not receive a refund.
  8. Account Termination and Suspension
    • Client Initiated: You may cancel your account via the Gigapress platform or by contacting support with 30 days notice.
    • Gigapress Initiated: Gigapress reserves the right to terminate or suspend access to any account for breach of these Terms or misuse of the Gigapress Services. Upon termination, access to your Client Data will be restricted, and data deletion may follow within 90 days.
    • In the event of termination, Creative813 shall be compensated for the either the (a) full Agreement fees or (b) the greater of the hourly costs of the Deliverables worked on by Creative813 through the date of termination, to include any advance payment, and Client shall also pay all fees and any Additional Costs incurred through and up to, the date of cancellation, including any credit card Chargeback fees. 
  9. Support Service Level Agreement (SLA)
    Gigapress provides support services to assist with your inquiries. Support requests are managed on working days, and we will respond within 24 hours of receiving a request during these times. While we strive to assist promptly, we do not guarantee resolution within this timeframe.
  10. Data Privacy, Security, and No Warranty on Uptime or Data Loss
    Gigapress will use commercially reasonable efforts to protect the security and privacy of Client Data. However, Gigapress does not warrant or guarantee service uptime or protection against data loss. You are responsible for creating backups of your data, as Gigapress shall not be held liable for any data loss or service interruptions.
  11. Resource Usage and Fair Use Policy

    Gigapress may impose reasonable limits on resource usage to ensure reliable service across shared hosting environments. Clients with unusually high resource consumption may be required to upgrade their plan or, in extreme cases, may experience service limitations. Gigapress reserves the right to impose limits on disk usage, bandwidth, and server resources for clients whose resource consumption adversely affects the overall service.

  12. Ownership of Content

    The Client retains full ownership of all content and data uploaded to their WordPress site. By hosting with Gigapress, the Client represents and warrants that they have all necessary rights to use and distribute such content and that it does not infringe on any third-party rights or violate any laws.

  13. Limitation of Liability for Plugin and Theme Compatibility

    Gigapress is not responsible for conflicts, errors, or issues arising from third-party plugins, themes, or customizations. Clients are responsible for verifying the compatibility of plugins and themes with the hosting environment. Gigapress shall not be held liable for any downtime, performance issues, or security vulnerabilities introduced through third-party software.

  14. Content Delivery Network (CDN) and Caching

    Gigapress uses Cloudflare by default for content delivery and caching to improve website performance and security. Clients may choose to use their own CDN if desired, but Gigapress cannot guarantee support or compatibility for third-party CDN services.

  15. Limitation of Liability
    • Gigapress and Creative813, LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of revenue or data, arising out of or related to the use of Gigapress Services.
    • Gigapress’s total liability for damages shall not exceed the amount you paid for services in the three months preceding the incident that gave rise to the claim.
  16. Indemnification

    You agree to defend, indemnify, and hold harmless Gigapress and Creative813, LLC, including their employees and agents, against claims, damages, losses, and expenses arising out of your use or misuse of the Gigapress Services or your breach of these Terms.

  17. Mandatory Binding Arbitration and Governing Law
    • Governing Law: These Terms are governed by the laws of the State of Florida, USA.
    • Mandatory Binding Arbitration: Any disputes, claims, or controversies arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration in Hillsborough County, Florida. Both parties agree to waive any right to a trial by jury or to participate in a class action lawsuit.
    • Arbitration Venue: The arbitration will be conducted in Hillsborough County, Florida, and the parties agree that venue is proper in Hillsborough County. The arbitration shall be administered by a mutually agreed-upon arbitration provider or, if no agreement is reached, an arbitrator appointed by the American Arbitration Association (AAA).
  18. Entire Agreement
    These Terms constitute the entire agreement between you and Creative813, LLC regarding your use of Gigapress Services and supersede all previous agreements or understandings, whether written or oral.