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terms of this agreement (MangoCare™)

PAYMENT

Monthly MangoCare™ payments begin at the time of subscription and renew monthly on that date, or the previous business day in the event of weekends/holidays. A credit card or bank account is required for a MangoCare™ subscription. Late payments will be subject to a 5% late penalty for every 5 days past due.

Any overages (hours or expenses) beyond the scope of this contract will be billed on the 30th of the month. You will never be billed for work completed without your prior consent.

TERMINATION

This Agreement shall be effective as of the date the Client signs up for Maintenance Services. This Agreement may be terminated by either party upon 30-day written notice to the other if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice.

If the client chooses to host the website with another hosting company, but still requires MangoCareTM services, the client will need to provide full access to their hosting cPanel or control panel in order for us to do our job properly. This means you will have to share login credentials for your hosting account. There is no discount if you choose to host elsewhere. Also, the FREE SSL certificate offered in your Maintenance Plan will not be installed on outside servers. That is reserved for clients hosting on our servers only. You will need to obtain an SSL certificate from your hosting provider.

This Agreement may be terminated by Mango Weblab immediately if the client fails to pay any fees hereunder; or if the client fails to cooperate with Mango Weblab in the performance of maintenance services hereunder, including cutting off access to, or changing passwords without our knowledge to, services we use in our maintenance tasks.

Indemnification

Client shall indemnify and hold harmless Mango Weblab(and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by Mango Weblab as a result of any claim, judgment, or adjudication against Mango Weblab related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Client to Mango Weblab (the “Client Content”), or (b) a claim that Mango Weblab use of the Client Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, Mango Weblab must: (i) give Client prompt written notice of a claim; and (ii) allow Client to control, and fully cooperate with Client in, the defense and all related negotiations.

Disclaimer of All Other Warranties

Except as otherwise specified in this agreement, Mango Weblab provides its services “as is” and without warranty of any kind. The parties agree that (a) the limited warranties set forth in this section are the sole and exclusive warranties provided by each party, and (b) each party disclaims all other warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, relating to this agreement, performance or inability to perform under this agreement, the content, and each party’s computing and distribution systems. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Limited Liability

In no event shall Mango Weblab be liable to the client for any indirect, special, exemplary or consequential damages, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance, lost profits, whether or not foreseeable or alleged to be based on breach of warranty, contract, negligence, or strict liability, arising under this agreement, loss of data, or any performance under this agreement, even if such party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy provided herein. There shall be no refunds. Mango Weblab makes no warranty of any kind, whether express or implied, with regard to any third party products, third party content or any software, equipment, or hardware obtained from third parties.

APPLICABLE LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of California.

agreement

Please complete this form and make a payment to indicate your acceptance of this agreement.