HB Jamaica desire is to delight the client. One way is to make clear our understandings with each other.

BY USING THIS WEBSITE OR SERVICES IN ANY MANNER OR BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY HBJAMAICA.COM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS & CONDITIONS SUPERSEDE ALL EARLIER VERSIONS.  The terms “we”, “us” or “our” shall refer to HBJamaica. The terms “you” , "customer", "client" and “your” shall refer to any individual or entity who accepts this Agreement.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, except where specifically granted herein.

Please read these terms and conditions carefully, as they describe your legal rights and obligations. This agreement shall become effective as of the date of (1) use of this Website or Services in any manner (2) your electronic signature on or acceptance of this agreement , (3) the activation of your account (4) at the point that you pay your deposit or make any payments to HBJamaica or (5) your receipt of an e-mail from HBJamaica confirming your order, whichever happens first. 

Any of these listed method (numbered 1 -5 above) firmly mean that you have agreed to this Terms of  Agreement and it signifies that you have also read, understand, acknowledge and agree to be bound by HBJamaica Terms and Agreement, which is incorporated herein by reference.

Acceptance. By using the Website or Services in any manner, you are bound by these Terms of Service, as well as the Incorporated Terms identified below (collectively, the “Terms”). If you do not agree to the Terms, then do not use the Website or Services. If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that (a) you are authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c) neither you nor the entity are barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.

THIS AGREEMENT, UNLESS OTHERWISE PROVIDED, IS EFFECTIVE AT THE POINT OF USE OF HBJAMAICA WEBSITE.  IN ADDITION, UPON MAKING A PAYMENT TO HBJAMAICA AND THIS AGREEMENT IS AUTOMATICALLY RENEWABLE FOR SUCCESSIVE TERMS.  EITHER YOU OR HBJAMAICA MAY TERMINATE THIS AGREEMENT (AND YOUR ACCESS TO YOUR ACCOUNT) AT ANY TIME WITH 30 DAYS NOTICE, OR HBJAMAICA MAY TERMINATE THIS AGREEMENT OR SUSPEND YOUR ACCOUNT WITH NO NOTICE FOR A BREACH OF THIS AGREEMENT.  ANY AND ALL OUTSTANDING FEES (INCLUDING WITHOUT LIMITATION THOSE THAT MAY BE OWED UNDER AN EXTENDED TERM PACKAGE) SHALL BE DUE AND PAYABLE UPON TERMINATION, ALL AS MORE FULLY DESCRIBED IN SECTION 6 AND 10.

These are the terms of our agreement together:

Authorization and User Content.  

License. We do not claim any intellectual property rights over the content you provide to HBJamaica. All of your content remains yours.  All content provided to HBJamaica must be emailed to our official email address hbinfo@hbjamaica.com. When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "IP Rights") you have in that content or associated with your web store in connection with our provision of the Services, in any media known now or developed in the future.

No Assignment by You. You may not assign your rights or obligations under these Terms without the prior written consent of HBJamaica, which HBJamaica may refuse in its sole discretion. Any attempted assignment without prior written consent from HBJamaica will be deemed null and void. HBJamaica may assign its rights and/or obligations under these Terms at any time. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their respective successors and permitted assigns.

Third-Party Service Integration. Certain Third-Party Products may be integrated with the Services. HBJamaica may, in its discretion and without liability to you, decide to no longer support such integration and migrate your Services subscription to a different integration.

Representations and Warranties. You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with these Terms, does not and will not infringe any IP Rights of any third party. HBJamaica takes no responsibility and assumes no liability for any content provided by you or any third party.

Name and Marks. HBJamaica shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store(s) to promote the Services in our HBCommerce System and HBCMS System.

Custom Design Services.  HB Jamaica as an independent contractor for the specific project of developing and/or improving you web store on our HBCommerce system; and web pages on our HBCMS system. For projects that HBJamaica accepts for other third systems, the client hereby authorizes HB Jamaica to access this account, and authorizes the web hosting service to provide HB Jamaica with "write permission" for the client's web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. All custom design orders will be done according to the invoice paid by client to HBJamaica.  If a feature is not stated in the invoice emailed and paid for by the client, then it is NOT included in the work order or final design or programming services ordered. Orders placed after January 1, 2009 will include an administration panel for the customer to be able to maintain their own web store or web pages changes and updates. Once the client approves the web store or websites design under our HBCMS system or third party systems and it's launched at their domain name, no additional updates will be allowed for free.

Independent Contractors. No agency, partnership, joint venture or employment relationship is created by these Terms or your use of the Services, and you do not have any authority of any kind to bind HBJamaica in any respect whatsoever.

KeyPhrase Optimization & Meta Tag Generation is not included in any order unless the customer pays for SEO services.  HB Jamaica will, however, submit the URL of all client site to Google and MSN at no additional cost, at the end of the design process. 

No Warranty. HBJamaica makes no representations or warranties with respect to any forums, blogs, private messages, emails, or other electronic discussion mediums made available through or in connection with the Services offered by HBJamaica. Your use of, or reliance upon, any such information or materials is at your sole risk.

Registration. In order to use the Services, you must establish a Services account (“Account”) by registering with HBJamaica. You may be required to submit a valid means of payment for which you are authorized to purchase Services. You will provide true, accurate, current, and complete information when registering for an Account and will update the information as necessary to keep your Account and payment information current. As part of the registration process, you will be provide by HBJamaica with a user name and password for your Account (together “Account Credentials”). BigCommerce reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

Security. You are responsible for maintaining the security of your Account Credentials and for all Services ordered, accessed, or otherwise used in connection with your Account Credentials and all actions taken in association therewith. You will not share your Account Credentials with any third party.

2a. ALL Website Design Services.

The content (text and graphics) of the web pages will be supplied by the client and executed as specified by the client in the "Website Questionnaire."  All requests made by the client in the Questionniare or in writing will be completed ONLY if it matches the features and specific terms as outlined in the final invoice.  The Client has chosen and agreed to pay for the plan chosen as noted on the official invoice or quotation sent.  If your invoice does not stated a charge for logo design service or for Search Engine Optimization (SEO) or any other marketing services, they will NOT be included in your order.  These services (logo, SEO and marketing services) as well as any features NOT listed in your invoice requires an additional payment for these specific services.  A deposit is required before any work begins.  In some cases, full payment will be required to begin services.  Where custom graphic work (beyond the scope of the "Custom Graphics Package" detailed above) is requested, it will be billed at the hourly rate or the Client may upgrade to another plan and pay the additional cost associated with the upgrade.

Within the eCommerce Packages, each item is counted by the amount of different prices to be entered within the database.  Cost of plan chosen WILL NOT vary as long as the Client stays within the perimeter of the original chosen plan.  Please note that normal page length, for design purposes, will not exceed 8 1/2 x 11 without additional cost.  You can, however, add additional design and text to a page, AFTER we have completed our work, and the page will lengthen, automatically.  All hosted Versions of HB Jamaica Content Management System Websites are properties of HB Jamaica. Upon ending the terms of the hosted period, clients must reinstate their hosting plan to continue with the hosting services of HBJamaica and use of website and email service  For any gateway options that the Client chooses to transact with from our HBCommerce system, the Client MUST direct all questions of a transaction nature to their gateway provider.  HBJamaica is NOT a gateway nor do we transact any orders online.  The transaction (approval or denial of an order) is done by your chosen gateway provider such as Paypal, Stripe, NCB Gateway, etc. In essence, we simply connect our HBCommerce system to direct your buyers to complete their transaction online using your gateway of choice.  If any issues, denial, or questions arrive while the customer is transacting online, then these types of inquiry MUST be directed to your gateway of choice and NOT HBJamaica.  We only offer technical support to the HBCommerce web store and not the payment gateway that you choose to transact your orders online.

Please note that HBJamaica brands all websites designed by hbjamaica.com.  The branding of the site will remain unless an additional fee is paid of US$350.00 for removal of our brand on Front-end of website only (the part visible to the public). Unauthorized removal or changes made to color of HBJamaica's branding so that is not visible to the public, will result in automatic suspension of your hosting plan, and you will have to pay US$350 before the service is restored.  In addition, you will not receive any files, email service or use of your domain during the suspension period.  Please note that Website Design cost will reflect HB Jamaica website design services, in the setting up of the website, and NOT the ownership price nor the transfer of ownership rights of the website or web store, in any part, including source codes or administration panel of our HBCMS and HBCommerce system (see ownership clause below).

2b. LIMITATIONS

Reasonable Expectations.  We strive toward providing Services that meet your expectations. However, we do not guarantee expectations will be met if requests are unreasonable or unable to be completed within the scope of the Service.

Yours or HBJamaica Delay.  Our completion of the Services depends upon your timely feedback and approval in the Client Support Ticket area within your account. We are not responsible for additional fees, time, or expenses incurred because of delays caused by your lack of or untimely response, feedback or approval, including your failure to initiate the design process by emailing to us ALL content needed for the design process. Any delays in receiving ALL content by you, for whatever reason, will cause a delay and a change in your due date, AUTOMATICALLY.  ALL DATES GIVEN BY HBJAMAICA ARE ESTIMATED DATE and not an ACTUAL DATE. We always strive to meet the estimated dates given. Please note, however, that sometimes delays may occur for a number of days for various reasons which may include power or service issues from utility companies, COVID related illness among our staff that requires them to be sent home, by LAW, so again, the date given is an estimated date and not an actual date. If delays occur, we will careful to notify you by email.  HBJamaica is not liable or responsible for any delays that occurs beyond our control. We also DO NOT count weekends, holidays nor emergency office closures in your due date.  We DO NOT count these delays within your overall due date, since they occur due to reasons beyond our control, and we would be unable to work. We will try our best to meet your initial date given, but it is not a guaranteed due date.  No refund will be allowed for delays that occur during the design process.

Limits on Content.  We reserve the right to refuse any direction to create a Design that exploits children, contains pornography or other tasteless images, contains copyrighted or trademarked materials of others or infringes on the intellectual property rights of another, harasses, defames or slanders another, or for any other reason that we, in our sole discretion, decide.

No Obligation to Back-Up.  We have the right, but not the obligation, to back up or archive your Design before delivery or in the event of cancellation.

Backup Storage. For its own operational efficiencies and purposes, HBJamaica from time to time back up data on its servers, but is under no obligation or duty to you to do so under these Terms or otherwise. IT IS SOLELY YOUR DUTY AND RESPONSIBILITY TO BACKUP SEPARATELY YOUR FILES AND DATA THAT MAY RESIDE ON HBJAMAICA SERVERS. UNDER NO CIRCUMSTANCES WILL HBJAMAICA BE LIABLE TO YOU, YOUR USERS, OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, FOR LOSS OF FILES AND/OR DATA ON ANY HBJAMAICA SERVER.

Limitations on Design Services.  The following services are not included in any of the initial Design plans, but may be purchased separately as Updates: (i) any revisions beyond the revisions included in your applicable Design plan; (ii) illustration or custom graphics, such as category graphics; and (iii) photo manipulation services, such as cutting the image out from the background, adding shadows, cleaning up the image from dust and scratches, making images a uniform size, and adjusting levels/brightness to match. The following photo manipulation services are not available, even as Updates: Color correction or making a low-resolution image a higher resolution.

Integration with Hosting Platform.  Websites (HBCMS) and Web Stores (HBCommerce) designed by us are built on and integrated with our hosting platform, and any attempt to migrate or otherwise transfer any such website (HBCMS) or web store (HBCommerce) to another hosting provider is a violation of this Agreement. 

No Endorsement. We do not endorse any of the Designs built using the Services, and expressly disclaim any and all liability or responsibility regarding the same.

Security of Account.  You are responsible for maintaining the security of your account. You are also solely responsible for the activity that occurs on your account, whether authorized by you or not. You must keep your account information and passwords secure. We expressly disclaim any responsibility or liability for any unauthorized use of or access to your account.

Confidentiality.

Definition. “Confidential Information” means the business, technical and financial information disclosed to one party (the “Receiving Party”) by the other party (the “Disclosing Party”) pursuant to these Terms and includes all information marked by the Disclosing Party as confidential and any other information, whether written or oral, that the Receiving Party should reasonably understand is confidential to the Disclosing Party.     

Obligations. The Receiving Party will: (i) hold the Confidential Information of the Disclosing Party in trust and confidence and not disclose or release the Confidential Information to any third party except as provided herein; and (ii) not use the Confidential Information for any purpose except for the purposes described in these Terms. The disclosure of Confidential Information pursuant to these Terms is not intended in any way to transfer or grant any right, title or interest in or to such Confidential Information to the Receiving Party unless otherwise expressly indicated by the Disclosing Party in writing.  

Standard of Care. The standard of care imposed on each party pursuant to this Section will be the same degree of care as it uses to avoid the unauthorized use, disclosure, or dissemination of its own Confidential Information of a similar nature, but not less than a commercially reasonable degree of care.  

Limitation. Each party will disclose the Confidential Information of the other party only to those of its employees, consultants and contractors (“Personnel”) who have agreed, either as a condition of employment, representation or in a written agreement, to be bound by terms and conditions substantially as protective as the confidentiality terms and conditions applicable to the Receiving Party under this Section.  

Exclusions. Confidential Information excludes information that is (i) rightfully in the Receiving Party’s possession without obligation of confidentiality prior to receipt from the Disclosing Party, (i a matter of public knowledge through no fault of the Receiving Party, (iii) rightfully furnished to the Receiving Party by a third party without restriction on disclosure or use; or (iv) independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information. 

Requests for Confidential Information. A Receiving Party may disclose Confidential Information pursuant to a valid court order or order of an authorized government agency, provided that (if not legally prohibited) the Receiving Party has given the Disclosing Party prompt notice so that the Disclosing Party will have an opportunity to defend, limit or protect against such disclosure and the Receiving Party limits such disclosure to only that Confidential Information subject to the applicable order.  

Survival. The terms of this Section will survive for as long as the Confidential Information remains confidential. 

3. Maintenance and Hourly Rate.  Selected Accounts HTML ONLY with no admin panel.

This agreement includes minor web page maintenance to regular web pages for customers, of selected packages (HTML ONLY wtih no admin panel), that are hosting with HBJamaica.  It does not include removing nearly all the text from a page and replacing it with new text. The update period commences upon the date the client's web site is officially published to the web and all monies paid. Once the client’s site has been published to their domain name, design work will incur an additional cost, however customers may use their FREE update hours towards maintenance at no additional cost.  The updates will be completed within 24 - 48 hours unless otherwise indicated to the Client.  All update requests MUST be submitted by email in the exact wording to be added to the site. Images to be replaced MUST be submitted in its final format as a .jpg file.  HB Jamaica will not change any text or images for customer that are under our HBCMS or HBCommerce systems, without client incurring additional charges. Customers not hosting with us will not receive any free updates.  Effective, January 1, 2009, update management services will be billed at J$500/hour, given that all customers will have an administration panel to be able to manage their own website, at no additional cost. 

4. Changes to Submitted Text.

Please send us your final text. You are fully responsible for submitting all the text information for your website. We will not reword any of your text submitted. If you require our service of rewording or originating the text for your website, please notify us.  We offer copywriting services at an additional cost.

5a. Completion Date.

HB Jamaica and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website within the time frame noted, in your invoice-agreement, from the point of receiving ALL information (complete text and graphic content) and payments for this website project. This project completion date is affected by the date the initial deposit is received, as well as HB Jamaica receipt of complete text and graphic content from the client. The completion date counting will begin after  HB Jamaica has received ALL information (complete text and graphic content) and payments for this website project. If the client does not supply HB Jamaica complete text and graphics content all web pages contracted for within three weeks of the date the invoice deposit or full payment was received, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within six weeks after the receipt of the deposit for the order, an additional continuation fee of 10% of the total invoice price will also be assessed each month until the website is published. If the client has not supplied needed information within 6 months after the initial deposit, for the completion of the website, HB Jamaica reserves the right to cancel the account and permanently delete all website files from the server.  The client will not receive a refund of any deposit paid, and would have to enter into a new agreement to build a new website. 

HBJamaica is not responsible for any delays in the website design process, hosting services or email services due to reasons beyond their control such as power outages and internet service interruption issues.  Since HBJamaica uses local utility companies for it's electricity, internet and phone service, there may be occasions that we may experience service interruptions, from the utility companies, for any given reason.  HBJamaica will not be responsible for delay that occurs due interruption in their services provided by various utility companies and will not issue any refunds due to these delays.  The customer will not be entitled to a refund nor speedy service for delays that occur due to reasons beyond the control of HBJamaica, such as power, telephone or internet interruption issues or file corruption.  In addition, the time period that the client takes to respond to requests by HBJamaica will not be considered to be a part of the period estimated to complete the website design process, since this is reasons beyond the control of HBJamaica.  The completion date given are ESTIMATES and not EXACT dates.  HBJamaica, however, will work in a timely manner to try to achieve the estimated completion dates given for not only milestones such as Framework Design, but also for FINAL Design Completion dates.  HBJamaica will not be responsible nor issue, loss of revenue by client,  loss of use of website by the client, nor for any refund if the estimated completion date is not met due to reasons beyond our control or for reasons foreseen or unforseen or for reason within our control.

5b. YOUR OBLIGATIONS

Reasonable Requests.  You agree that all requests will be reasonable in nature and within the scope of the Services purchased.

Obligation to Maintain Subscription.  All Services, including any free products or services included in your plan, must be associated with a specific website (HBCMS) or web store (HBCommerce) at the time of purchase and are not transferable to other accounts, websites or web stores thereafter.  Provision of all Services, including any free products or services included in your plan, is dependent upon your active subscription to the Services. Failure to maintain your account in good standing will result in termination of any outstanding or pending Services, including any free products or services included in your plan, without refund or credit. Recurring billing for your Services plan will begin on the date of purchase. 

Provision and Timing of Design Services.  After your initial purchase of a Website (HBCMS) or Web Store (HBCommerce) Design plan, you will be required to (i) complete an interview form, and (ii) submit your content in the Client Area of our Billing System. Upon completion of the interview form, we will create an optional “Coming Soon” page for your site, which is available on all plans. Upon receipt of all of your content, we will begin building your Website (HBCMS) or Web Store (HBCommerce).

Submission of Content.  You are responsible for submitting all copy, images, and other content for your Design. All provided content should be copies and not the originals. You agree to respond to any request for content, feedback or approval within ten (10) days.   All content must be submitted electronically and we will not return any materials you provide. Arrangements may be made for the delivery of files that are too large to be transmitted electronically, but additional fees may apply and the quoted completion date may be extended.   We may in our sole discretion, require you to re-submit images if we determine that the images are not of high enough quality. We will not begin work on your Design until all requested materials and assurances of rights have been received from you. It is your responsibility to maintain independent back-up copies of any materials you submit. We expressly disclaim any liability or responsibility for any loss, damage or destruction of any content or materials you submit.

Automatic Publication.  Within ten (10) days of receiving notice that your Website (HBCMS) or Web Store (HBCommerce) is ready for review, you must either (i) provide us with your revisions, or (ii) notify us that you have no revisions. If you fail to take either such action within ten (10) days, your Website (HBCMS) or Web Store (HBCommerce) will be published on your behalf without further review and you will be billed for the final balance due.  Any time after publication, you may elect to de-publish your site by changing to the “Coming Soon” page option.

Completion of Service.  Publication of your Design is acknowledgement of your satisfaction with the Services provided to date and releases us from any obligation for further revisions or alterations.  Update Management services are available at an additional cost, upon request. You also acknowledge and agree that once your Design is published, you will not be entitled to any credits or refunds for any reason including, but not limited to, dissatisfaction with your Design.

Cancellation Policy.  Failure to complete the interview form or submit content for your initial Design within six (6) months of purchasing your plan may result in the cancellation of your Service. See Refund Policy below 11.a1.5.

Failure to provide any other requested content, feedback or approval within thirty (30) days of our request also may result in cancellation of your Service. If we have commenced work on your Design (which means any commencement of the creative process), you may be eligible for a refund of the fees associated with the remaining time on your plan (See Refund Policy below 11.a1.5), but you will be charged for the work completed to date, plus a cancellation fee at the following rates:

     HBCMS Plans - US$400.00

     HBCommerce Plans - US$600.00

     Update Services – Fees paid are non-refundable

Any unfinished Designs at the time of cancellation may be archived and may require additional activation fees to recover.

6. Payment of Fees.

Fees to HB Jamaica are due and payable on the following schedule: 50% upon signing this contract, 50% when the web pages have been constructed and proofed according to the client's original written specifications unless other arrangements have been agreed upon.  In some cases, 70% is required as a down payment with the balance due upon completion.  If full payment of balance due is NOT made in a timely manner, per due date on invoice, then customer hosting account will be suspended pending final balance paid in full.  If after suspension, customer has not paid final balance nor entered into an approved payment arrangment with HBJamaica then hosting account is subject to permanent termination and customer account will be referred to the Jamaica Credit Bureau.  The web site will be published on the World Wide Web once all monies due are paid and admin panel access will ONLY be given after final payment has been received and verified. Once a deposit or any payment on website design services has been received by hbjamaica.com, either online or manually through authorized payment locations, this is confirmation that the Client agrees with the terms of agreements on hbjamaica.com.  Please note that payment to HBJamaica using Paypal will result in higher exchange rate, since additional cost will apply to have funds settle in Jamaica.   Please ensure you agree with the amount paid before submitting payment, since NO Refund will be allowed.  To avoid this increase in the exchange rate, please use the options that we offer for making payment within Jamaica, such as RTGS, JN Money Shop, Drop Boxes and Online Bill Payment in Scotia and JNBS.

6a. Hosting and Domain Renewal Fees
All hosting charges must be prepaid (based on the Client’s chosen plan).  For Cloud Hosting customers, each hosting plan has minimum of 6-month hosting cycle (semi-annual).  For customer's on our HBCommerce or HBCMS system, hosting plans requires a minimum billing cycle of 3-months.  Payment options are available upon request and approval and requires a new invoice detailing the new payment option before the next renewal period. Customers that exceed or exhaust their plan resource in either disk space or bandwidth, will be charged additional fees for overage or will have to go to the next plan at a new hosting rate.  Accounts that exceed their bandwidth limit will be billed at J$2,500 per 100GB.  Once a payment of hosting fees or domain renewal fees have been received by hbjamaica.com, either online or manually through authorized payment locations, this is confirmation that the Client agrees with the terms of agreements on hbjamaica.com.  The Hosting and Domain Renewal Fees are due in advance of the provision of services.  Domains must be paid on an annual basis before HBJamaica registers or renews the domain for the client.  In the event that HB Jamaica determines that the services of a collection agency are necessary or appropriate to collect amounts due under this paragraph, which determination shall be made in HB Jamaica's sole and unfettered discretion, any and all collection agency fees and other costs of collection shall be added to any amounts due under this provision.

You shall pay all costs of collection, including reasonable attorney's fees and costs, in the event any invoice requires collection efforts. All accounts referred to a collection agency shall be subject to an MINIMUM additional fee of J$5,000 or higher, which must be paid in full before the account is reactivated.
 
The pre-paid hosting charges are non-refundable since that area of our server has been reserved for the client for that period. After approval of framework or final site design, all payment made are non-refundable.  All domain registration fee is non-refundable.  Hosting and domain registration prices are subject to change at the end of your pre-paid period with notice. Renewed hosting period, renewed domain period and additional design request, made by client to HBJamaica, will be subject this agreement. PLEASE MAKE YOUR PAYMENT IN A TIMELY MANNER AT JAMAICA NATIONAL BILL PAY or SCOTIA ONLINE BILL PAYMENT.  We accept Cash, Cheques, and all major credit cards via PayPal including EChecks. ALL CHEQUE PAYMENTS WILL BE MADE IN JA FUNDS MADE OUT TO HB Jamaica.

Hosting Services. HBJamaica has entered into arrangements with one or more third parties for hosting services that are essential to the Services, incorporated within the Services and without which the Services could not be provided to you.

7. Legal.

HB Jamaica does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will  HB Jamaica be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if  HB Jamaica has been advised of the possibility of such damages. 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.

You may add any content that you desire to your website as long as you do not violate any spamming laws or place any illegal or copyrighted information on your website.  Adult Content or links to Adult Content, of any nature, are not permitted on hbjamaica.com servers.  Violation of these as well as the detail list below will result in automatic suspension of services.

a.  Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);

b.  Infringe HBJamaica's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

c.  Sell counterfeit goods;

d.  Act in a manner that is defamatory, trade libelous, threatening or harassing;

e.  Provide false, inaccurate or misleading information;

f.  You represent and warrant that your domain name does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your domain name is otherwise in compliance with the terms of this agreement.

g.  Termination as Domain Registrant: HBJamaica reserves the right to NOT RENEW any domain for any reason, if HBJamaica no longer desires to be the domain Registrant.  In those, cases, the customer will be notified to locate a new domain registrant at least 20 days in advance before it expires to allow the customer ample time to do a transfer to a NEW REGISTRANT.

h.  Migration of Servers: You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.

i.  Termination of Hosting Services: You acknowledge and agree that upon expiration or termination of your Hosting Services, you must discontinue use of the Hosting Services and relinquish use of the IP addresses and server names assigned to you in connection with Hosting Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Hosting Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, we will delete all such content and we will not be able to provide a copy of such content.

j.  Free Products Credits: Upon termination of the Hosting Services, all free products provided as part of the Hosting Services will be cancelled or revoked.

k. Notice Regarding Licensed Images on Migration or Export (where available): Subject to all other applicable licenses terms and conditions, images available and licensed for use are intended for HBJamaica hosted customers only and are subject to the terms and conditions of third-party intellectual property rights and licensing restrictions. To the extent you wish to export or migrate your hosted product or service to another service provider (if available as an option), it is solely your responsibility to ensure your continued right to use any images incorporated therein, and you acknowledge and agree that HBJamaica does not warrant and shall have no responsibility for any claims resulting from your continued use after migration and/or termination (whichever occurs first).

l.  Storage Capacity: The total amount of usable storage capacity for your particular Hosting Service(s) may differ from the represented capacity, as there is required space for the operating system(s), system file(s), and other supporting file(s).

m.  Abusive Activities and Other Threats. You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, HBJamaica, our customers, or third-parties. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Service Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Service Agreement. You further acknowledge and agree that HBJamaica reserves the right to scan your hosted account for malicious content (e.g., malware), and that, in the event any such content is discovered, it may be removed in HBJamaica's discretion for security purposes.

n. Storage and Security. You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers.

Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Hosting Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Hosting Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.

o.  Website/Server Content. You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Hosting Services.

p.  Terms and Conditions Applicable to all Software and Operating Software. You may use the Software and Operating Software solely as part of the Services. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Software. Additionally, you may not sell, modify, re-use reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Software.

HBJamaica may provide your personal information to third-party providers as required to provide the third-party Software. HBJamaica reserves the right to modify, change, or discontinue provision of the Software at any time.

HBJamaica makes no representations or warranties about any third-party Software offered in connection with the Hosting Services, and expressly disclaims any liability.

You will indemnify, defend, and hold harmless HBJamaica from and against any and all claims imposed upon or incurred by HBJamaica directly or indirectly arising from your use or misuse of the third-party Software. The providers of the third-party Software are third-party beneficiaries to this Services Agreement for purposes of enforcing their rights under this Services Agreement.

The Hosting Services will only be operated in Linux® environments.

We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Hosting Services. You may not use the Third-Party Software outside of the Hosting Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).

If access to a third-party hosting website is required in the provision of any Service, you represent and warrant that you are authorized to provide us with access to the third-party hosting account for the purposes of this Service Agreement. You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.

If you request that we install any Third Party Software (defined below) not provided as part of the Hosting Services, you represent and warrant that (1) you have the right to use and install the Third Party Software, (2) you have paid the applicable licensing fees for the Third Party Software, and (3) the Third Party Software does not and shall not infringe on the intellectual property rights of any other person or entity

Nothing in this Agreement is intended by the Parties to create or constitute an agency, joint or collaborative venture, or partnership of any kind between HBJamaica and you, nor shall anything in this Agreement be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between HBJamaica and you. HBJamaica shall have no control or ownership interests of any kind in your business. HBJamaica shall have no direct financial interest pertaining to your use of the HBJamaica Services or HBJamaica's Equipment. HBJamaica's relationship to you shall be restricted to matters pertaining to the provision of the HBJamaica Services as set forth in this agreement.

You confirm that you have unilaterally decided to enter the online and/or Web Site service business and that these are high risk businesses. You further confirm, understand, acknowledge and expressly agree that neither HBJamaica, any agent or representative of HBJamaica, nor any other person is currently representing or otherwise directly or indirectly communicating in any manner herein or otherwise, nor has at any time in the past, represented to you or has otherwise directly or indirectly communicated in any manner to you any guarantee, reassurance or any other communication of any kind regarding the potential profitability, marketability, or likelihood of success of your endeavors through the use of the HBJamaica Services or HBJamaica's Equipment as set forth herein or otherwise.

You expressly acknowledge and agree that the success of any business endeavors which involve your use, in any manner, of the HBJamaica Services and/or HBJamaica's Equipment pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the effectiveness of its advertising and promotion, your administrative capabilities, etc., and that the ultimate success or failure of your business rests with you and not HBJamaica. You further expressly agree not to raise any claim of any kind against HBJamaica and to hold HBJamaica harmless from any claim of financial investment or other loss to you directly or indirectly resulting from your decision to use the HBJamaica Services and/or HBJamaica's Equipment pursuant to this Agreement.

NO WARRANTIES BY HBJamaica.

THE SERVICES OFFERED BY HBJAMAICA ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE HBJAMAICA SERVICES IS AT YOUR SOLE RISK. HBJAMAICA DOES NOT WARRANT THAT THE HBJAMAICA SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES HBJAMAICA MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE HBJAMAICA SERVICES. NO WARRANTY IS MADE BY HBJAMAICA REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND HBJAMAICA HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO YOUR SERVICES AND YOUR WEB SITE; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HBJAMAICA DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE HBJAMAICA SERVICES WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU REGARDING THE POTENTIAL VOLUME OF PATRONAGE OF YOUR WEB SITE OR ANY OTHER PERSON'S OR ENTITY'S WEB SITE OR WEB PAGE.

HBJAMAICA'S LIMITED LIABILITY.

YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL HBJAMAICA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE HBJAMAICA SERVICES. SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES OR JURISDICTIONS, HBJAMAICA'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, HBJAMAICA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE HBJAMAICA SERVICES, AND HBJAMAICA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE HBJAMAICA FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY OF HBJAMAICA FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO HBJAMAICA IN THE SIX MONTHS PRECEDING SUCH ALLEGED BREACH, BUT IN NO EVENT TO EXCEED J$5,000 JAMAICAN DOLLARS.

7.a Domain Registration.

Should you choose to register a domain name through HBJamaica, HBJamaica will register a second level domain name on your behalf, provided such domain name is available for registration, and payment is made by customer. HBJamaica acts only as an intermediary between you and the organization providing the domain name, and has no influence over the assignment of domain names. The registration of your domain name is subject to the terms and conditions of those third-party registrars, and is also subject to the terms of the Uniform Domain Name Dispute Resolution Policy ("UDRP"). You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions of the UDRP in effect at the time of the dispute. HBJamaica assumes no liability in the event the domain name is unavailable or otherwise not assigned to you, and does not warrant or guarantee that assigned domain names do not infringe the rights of third parties, or that you will retain the rights to that domain name for any period of time. Upon payment in full of any and all registration fees, HBJamaica shall not own or otherwise legally control any domain name registered on your behalf. You agree that you are responsible for any and all fees and costs related to the registration of your domain name, and you authorize HBJamaica to bill you for any such fees and costs which MUST be paid prior to renewal of the domain. Unless terminated, at the end of each term your domain name will NOT be renewed.  Should the customer fail to renew the domain in a timely manner before the domain expires, HBJamaica may, in its sole discretion, release, cancel, or otherwise dispose of or pay to renew and utilize Your domain name as it sees fit, with no obligation to You (the customer) whatsoever.  You will then lose ownership of the domain.  The MUST renew the domain in a timely manner to maintain ownership.

The registration of your domain name is subject to the terms and conditions of ICANN
http://www.icann.org/en/resources/registrars/transfers

and is also subject to the terms of the Uniform Domain Name Dispute Resolution Policy ("UDRP").
http://www.icann.org/en/help/dndr/udrp

Transfer request of domain can be limited to certain circumstances, as follows:

* Evidence of fraud
* Uniform Domain-Name Dispute Resolution Policy (UDRP) action
* Court order
* Reasonable dispute over the identity of the person authorizing the transfer
* Domain name is on hold due to payment owed for a previous registration period or hosting services
* Domain name that were registered free with your initial order will require a transfer fee to be paid prior to conducting a transfer.
* Express written objection or cancellation request from the domain name holder
* Domain name is in 'Lock' status (Registrars must provide a readily accessible and reasonable means for name holders to remove the lock status. Contact your registrar for assistance.)
* Domain name is within 60 days of initial registration
* Domain name is within 60 days of a previous transfer

* On December 1st, 2016, a new policy regarding domain transfers will go into effect. The Transfer Policy has been mandated by ICANN to all accredited registrars. This new policy, briefly, states that any “material” change to a domain’s registrant, organization, or email address will trigger a new Change of Registrant process.  Any time a change is made to the above-mentioned registrant information, HBJamaica will act as the “designated agent” and auto-approve the change. We will then send out a confirmation email to all parties. The domain will then be placed in a 60-day transfer lock.

7. b Domain Registration and Transfers.  Hosting and Firewall Plans

You agree to pay any and all prices and fees (including any registration fees required by ICANN) due for Services purchased at this Site, hbjamaica.com, at the time you order the Services.  All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.  HBJamaica expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.  If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal and will be outlined in the invoice that details the new billing charges.

1. Manual Renewal.  Domain name are not automatically renewed.  You have the responsibility of paying for the renewal of the domain PRIOR to the expiration date (should you in fact want the domain name to be renewed).  Billing for the renewal of the domain are sent out 30-days before they are due to give you ample time to make a timely payment for renewal.  If you fail to renew the domain before the expiration date, the domain name will be cancelled and you will no longer have use of that name. You agree that HBJamaica will not be responsible for cancelled domain names that you fail to renew in the timeframes indicated in this Agreement, as well as your invoice date.  In any case, if you fail to renew your domain name in a timely fashion, additional charges may apply. If you fail to renew your domain name in the timeframes indicated in this Agreement, you agree that HBJamaica may, in its sole discretion, renew your expired domain name. If HBJamaica decides to renew your expired domain name, ownership of the domain will revert to HBJamaica.com, and you will no longer maintain ownership of the domain.  All domain registered with HBJamaica will be list the registrar information using HBJamaica's email address, physical address and phone number.  This, ID protection, is automatically done on every domain purchase and renewal to protect the ownership information of the domain.  ID protect works in the same way as having your phone number "unlisted". It ensures that your private contact information is protected.
   
   
2. The ownership of the domain will remain with the customer, as long as they make TIMELY payments to renew the ownership of the domain, annually.  If a the cusotmer does not pay to renew the domain ON TIME when they are billed to renew it, by the due date stated on the invoice, and HBJamaica pre-pays for it to be renewed to avoid the domain from expiring, then ownership of the domain changes to be owned by HBJamaica.com and it no longer owned by the customer.  At it's descretion, HBJamaica may allow the customer to renew the domain, and regain ownership, by re-imbusing HBJamaica, if they allow the domain to expire without renewing it in a timely manner (before expiration).  Once the customer re-imburses HBJamaica for the domain renewal and any other additional fees that apply, the ownership rights of the domain will be transferred back to the cutomer.  Timely payment is required in order to maintain ownership of the domain.  Should the customer fail to renew the domain in a timely manner before the domain expires, HBJamaica may, in its sole discretion, release, cancel, or otherwise dispose of or pay to renew and utilize Your domain name as it sees fit, with no obligation to You (the customer) whatsoever.  You will then lose ownership of the domain.  The MUST renew the domain in a timely manner to maintain ownership.
   
   
3. For domain that has has been paid and registered (not from a free promo under HBCMS or HBCommerce system), it does not have to be added to a paid hosting environment with HBJamaica for domain management services in order to have use of the domain for email and hosting services. The customer may choose to host their website or email services elsewhere. In addition, they will have DNS Management Services to manage the DNS for the Parked Domain. If ID Protection is desired, an additional cost will apply. HBJamaica does offer Parked Domain services.
   
   
4. If the customer emails to us a cancellation of domain hosting or website hosting, we will terminate the domain hosting on the date provided by the customer.  In addition, their account will be closed and all notice (invoice and renewal notices) for domain registration or website hosting will cease since the customer explicity stated to proceed with the cancellation.  This cancellation of domain hosting and website hosting will cease on the date given by the customer and there should be no further expectation of notifications or services to be supplied for domain hosting or website hosting by HBJamaica to the customer AFTER the cancellation date.
   
   
5. Domain renewal notices are provided as a courtesy reminder and HBJamaica is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date, unless written cancellation of domain hosting is provided to HBJamaica by the customer.  Registrant acknowledges that it is the Registrant's responsibility to keep records and maintain reminders regarding the expiry of any Domain. As a convenience to the Registrant, and not as a binding commitment, we may notify the Customer, via an email message sent to the contact information associated with the Customer as shown in the Client Area of HBJamaica, about the expiry of the Domian. Should renewal fees go unpaid for a Domain, the Domain will expire.
   
   
6. Registrant acknowledges that after expiration of the term of an Domain, Registrant has no rights on such Domain, or any information associated with such Domain, and that ownership of such Domain now passes on to the Registrar.  Registrar and Service Providers may make any modifications to said Domain or any information associated with said Domain.  Registrar and Service Providers may intercept any network/communication requests to such Domain and process them in any manner in their sole discretion. Registrar and Service Providers may choose to monetize such requests in any fashion at their sole discretion. Registrar and Service Providers may choose to display any appropriate message, and/or send any response to any user making a network/communication request, for or concerning said Domain. Registrar and Service Providers may choose to delete said Domain at anytime after expiry upon their sole discretion. Registrar and Service Providers may choose to transfer the ownership of the Domain to any third party in their sole discretion. Registrant acknowledges that Registrar and Service Providers shall not be liable to Registrant or any third party for any action performed under this clause.
   
   
7. Registrar at its sole discretion may allow the renewal of the Domain after the Domain expiry, and such renewal term will start as on the date of expiry of the Domain, unless otherwise specified. Such process may be charged separately at the price then prevailing for such a process as determined by the Registrar in its sole discretion. Such renewal after the expiry of the Domain may not result in exact reinstatement of the Domain in the same form as it was prior to expiry.
   
   
8. Registrar makes no guarantees about the number of days, after deletion of an Domain, after which the same Domain will once again become available for purchase.
   
   
9. This Agreement for domain hosting or website hosting shall terminate immediately in the event:
   
   (a) Registrar's contract with the Service Providers for the fulfillment of such Domain is terminated or expires without renewal;
   
   (b) Registrar's contract with the Registry Operator is terminated or expires without renewal;
   
   (c) Registry Operator ceases to be the Registry Operator for the particular TLD;
   
   (d) of Registrant-Registrant Transfer as per Section e and f below;
   
   (e) Upon Termination of this Agreement, Registrar may delete/suspend/transfer/modify the Domain and suspend Users' access to the Client Area with immediate effect, upon the sole discretion of Registrar.
   
   (f) Neither Party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms, unless specified otherwise. The Registrant however shall be liable for any damage arising from any breach by it of this Agreement. 

FREE DOMAIN PROMOTIONS

For HBCMS or HBCommerce packages ONLY that are purchased from HBJamaica, that includes FREE domain registration, the customer does not own the domain.  These domains are owned by hbjamaica.com, since HBJamaica paid to register the domain.  In order for the customer to own the domain name, they MUST purchase the domain from HBJamaica, at current market appraisal price.  After renewal of the hosting for a minimum of 3 years and HBJamaica has been paid for the domain, at market appraisal rate, the ownership rights of the domain will be transferred to the customer, as long as the customer does not owe HBJamaica for any other ordered services.  All account must be in good standing.  At no time will HBJamaica transfers this ownership rights of the domain, until the customer has paid for the domain, current market appraisal price.  Customers may opt to NOT order our free domain promotion and, instead, purchase the domain from HBJamaica at the current market price.  Ownership under this situation, remains with the customer and not HBJamaica, as long as the customer does not owe HBJamaica for any other ordered services.  All account must be in good standing before the domain can be transferred away from HBJamaica.  In addition, customers may opt to NOT order our free domain and, instead, purchase the domain from another service provider and point it to HBJamaica for hosting.  Ownership under this situation, remains with the customer and not HBJamaica, since the domain was NOT purchased by HBJamaica under the free promotion plan nor did the customer purchase the domain from HBJamaica.  Simply put, if you purchase the domain outside of HBJamaica, you will continue to own the domain.

If a free domain registration comes with a website plan, the customer will not be able to move or transfer the domain until it has been paid for, at current market appraisal price, and their account must be in good standing.  If a customer has used a portion of time on any hosting plan, it must be paid in FULL (minimum of one quarter or 3-months) before your account is considered to be in good standing.  If a customer use any portion of days within a hosting cycle, the entire billing cycle of hosting fee is due, whether it is due quarterly, semi-annually or annually.  We do not offer pro-rated billing.  FREE domains cannot be transferred until it has been paid for at current market appraisal price and your hosting services payment is up to date.  The current market appraisal price will be determined at the point of the request made by customer to purchase the domain.   Customers that desire to move or transfer the domain and close their hosting account MUST make final payment with one of the following options:  Online Scotia Bill Payment, Online JNBS Bill Payment, JN Money Shop or directly within the bank.  NO CREDIT CARD PAYMENT WILL BE ACCEPTED ON FINAL BALANCES OWED.

FREE TRANSFER FOR NEW HOSTING ACCOUNT FROM OLD HOST PROVIDER

HBJamaica is committed to making it easy to transfer your site to your new hosting account FROM your previous old host provider.  We do not offer the service of assisting you in transfering files to a new service provider, should you desire to cancel you hosting account with HBJamaica. We can transfer website files, databases, scripts, and domains TO HBJamaica's server.  This transfer service DOES NOT include websites designed within HBJamaica's HBCMS or HBCommerce Platform (for more details read Section 11.)  The HBCMS and HBCommerce Platform are owned by HBJamaica and cannot be transferred to a new host provider.

HBJamaica provides free transfers for new accounts within 30 days of sign-up TO HBJamaica within an approved, paid hosting plan, and to newly upgraded accounts. For upgraded accounts it must be an inter-server upgrade to qualify. Please note that downgraded accounts do not qualify for free transfers.

Depending on which type of account you sign up for, we offer differing numbers of free transfers. While we can do unlimited cPanel to cPanel transfers for you, depending on your account, you will have a limited number of Manual Transfers.  Full cPanel transfers include all domains, Addon Domains, Subdomains, and cPanel settings. This will also include your emails and email accounts. Please note that this does require that your old host's cPanel backup generator to be active.  HBJamaica will not backup any files from your old hold provider for any reason.

OBLIGATIONS OF THE REGISTRANT

• The Registrant agrees to provide, maintain and update, current, complete and accurate information of the Whois Record and all the data elements about the Domain in the Client Area during the term of the Domain.  Registrant agrees that provision of inaccurate or unreliable information, and/or Registrant's failure to promptly update information, or non-receipt of a response for over five (5) calendar days to inquiries sent to the email address of the Registrant or any other contact listed for the Domain in the Client Area concerning the accuracy of contact information associated with the Order shall be constituted as a breach of this Agreement and a basis for freezing, suspending, or deleting that Order or Domain.

• The Registrant acknowledges that in the event of any dispute and/or discrepancy concerning the data elements of the Domain in the Client Area, the data element in the Client Area records shall prevail.

• The Registrant acknowledges that the authentication information for complete control and management of the Domain will be accessible to the Registry Operator, Service Providers, Resellers and the Customer. Any modification to the Domain by the Resellers, Customer or Service Providers will be treated as if it is authorized by the Registrant directly. Registrar is not responsible for any modification to the Domain by the Customer, Resellers, Registry Operator, or Service Providers.

• The Registrant acknowledges that all communication about the Domain will be only done with the Customer or the Resellers of the Domain. Registrar is not required to, and may not directly communicate with the Registrant during the entire term of the Order.

• The Registrant shall comply with all terms or conditions established by Registrar, Registry Operator and/or Service Providers from time to time.

• The Registrant must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN (http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm) and the Registry Operator.

• During the term of this Agreement and for three years thereafter, the Registrant shall maintain the following records relating to its dealings with Registrar, Resellers and their Agents or Authorized Representatives:

  • in electronic, paper or microfilm form, all written communications with respect to the Domain;

  • in electronic form, records of the accounts of the Domain, including dates and amounts of all payments, discount, credits and refunds.

• The Registrant shall make these records available for inspection by Registrar upon reasonable notice not exceeding 14 days.
  
  

REPRESENTATIONS AND WARRANTIES

Registrar and Registrant represent and warrant that:

• They have all requisite power and authority to execute, deliver and perform their obligations under this Agreement.

• This Agreement has been duly and validly executed and delivered and constitutes a legal, valid and binding obligation, enforceable against Registrant and Registrar in accordance with its terms.

• The execution, delivery, and performance of this Agreement and the consummation by Registrar and the Registrant of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate:

  • any provision of law, rule, or regulation;

  • any order, judgment, or decree;

  • any provision of corporate by-laws or other documents;

  • any agreement or other instrument.

  • The execution, performance and delivery of this Agreement has been duly authorized by the Registrant and Registrar.

  • No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made in connection with the execution, delivery, and performance of this Agreement or the taking of any other action contemplated hereby.

• The Registrant represents and warrants that:

• the Registrant has read and understood every clause of this Agreement;

• the Registrant has independently evaluated the desirability of the service and is not relying on any representation agreement, guarantee or statement other than as set forth in this agreement; and

• the Registrant is eligible, to enter into this Contract according to the laws of his country.

RIGHTS OF REGISTRAR, REGISTRY OPERATOR AND SERVICE PROVIDERS

• Registrar, Service Providers and Registry Operator may change any information, of the Domain or transfer the Domain to another Registrant, or transfer the Domain to another Customer, upon receiving any authorization from the Registrant, or the Customer, or Resellers as maybe prescribed by Registrar from time to time.

• Registrar, Service Providers and Registry Operator may provide/send any information, about the Registrant, and the Domain including Authentication information:

  • to the Registrant;

  • to any authorised representative, agent, contractee, employee of the Registrant upon receiving authorization in any form as maybe prescribed by Registrar from time to time;

  • to the Customer, Resellers, Service Providers and Registry Operator;

  • to anyone performing a Whois Lookup for the Domain.

• Registrar in its own discretion can at any point of time with reasonable notification temporarily or permanently cease to sell any Registrar Products.

• Registrar and the Registry Operator, in their sole discretion, expressly reserve the right to deny any Domain or cancel an Domain within 30 days of processing the same. In such case Registrar may refund the fees charged for the Domain, after deducting any processing charges for the same.

• Notwithstanding anything to the contrary, Registrar, Registry Operator and Service Providers, in their sole discretion, expressly reserve the right to without notice or refund, delete, suspend, deny, cancel, modify, take ownershipof or transfer the Domain, or to modify, upgrade, suspend, freeze access to Client Area or to publish, transmit, share data in the Client Area with any person or entity, or to contact any entity in the Client Area or Domain Manager, in order to recover any Payment from the Registrant, Customer or Resellers, for any service rendered by Registrar including services rendered outside the scope of this agreement for which the Registrant, Customer or Reseller has been notified and requested to remit payment, or to correct mistakes made by Registrar, Registry Operator or Service Providers in processing or executing the Domain, or incase of any breach of this Agreement, or incase Registrar learns of a possibility of breach or violation of this Agreement which Registrar in its sole discretion determines to be appropriate, or incase of Termination of this agreement, or if Registrar learns of any such event which Registrar reasonably determines would lead to Termination of this Agreement or would constitute as Breach thereof, or to protect the integrity and stability of the Registrar Products, Client Area, Domain Manager, and the Registry or to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution process, or in accordance/compliance with any agreements executed by Registrar including but not limited to agreements with Service Providers, and/or Registry Operator, and/or Customers and/or Resellers, or to avoid any liability, civil or criminal, on the part of Registrar and/or Service Providers, and/or the Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees, or if the Registrant and/or Agents or any other authorized representatives of the Registrant violate any applicable laws/government rules/usage policies, including but not limited to, intellectual property, copyright, patent, anti-spam, Phishing (identity theft), Pharming (DNS hijacking), distribution of virus or malware, child pornography, using Fast Flux techniques, running Botnet command and control, Hacking (illegal access to another computer or network), network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.), illegal pharmaceutical distribution, or Registrar learns of the possibility of any such violation or upon appropriate authorization (what constitutes appropriate authorization is at the sole discretion of Registrar) from the Registrant or Customer or Reseller or their authorized representatives, or if Registrar, Registry Operator or Service Providers in their sole discretion determine that the information associated with the Domain is inaccurate, or has been tampered with, or has been modified without authorization, or if Registrar or Service Providers in their sole discretion determine that the ownership of the Domain should belong to another entity, or if Reseller/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Registrar, Service Providers, ICANN, the Registrar, the Registry Operator or for any appropriate reason. Registrar or Registry Operator, also reserve the right to freeze the Domain during resolution of a dispute. The Registrant agrees that Registrar, Registry Operator and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator and Service Providers, are not liable for loss or damages that may result from any of the above.

• Registrar and Service Providers can choose to redirect an Domain to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetization, if an Domain has expired, or is suspended, or does not contain valid Name Servers to direct it to any destination. Registrant acknowledges that Registrar and Service Providers cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, trademark rights, of Registrant or any third party, or that the content displayed due to such redirection is inappropriate, or in violation of any federal, state or local rule, regulation or law, or injurious to Registrant or any third party, or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection.

• Registrar and Registry Operator has the right to rectify any mistakes in the data in the Client Area or Domain Manager with retrospective effect.

DISPUTE PROCESS

The Registrant agrees that, if the use of the Domain is challenged by a third party, the Registrant will be subject to the provisions of the appropriate Dispute policy for that Domain as mentioned in the appropriate area of this terms and agreement in effect at the time of the dispute. The Registrant agrees that in the event a dispute arises with any third party, the Registrant will indemnify and hold Registrar, Registry Operator and Service Providers harmless in all circumstances, and that Registrar, Registry Operator and Service Providers will have no liability of any kind for any loss or liability resulting from any such dispute, including the decision and final outcome of such dispute. If a complaint has been filed with a judicial or administrative body regarding the Registrant's use of the Domain, the Registrant agrees not to make any changes to the Domain without Registrar's prior approval. Registrar may not allow the Registrant to make changes to such Domain until:

• Registrar is directed to do so by the judicial or administrative body; or

• Registrar receives notification, in a manner prescribed by Registrar from time to time, by the Registrant and the other party contesting the Registrant registration or use of the Order, that the dispute has been settled.

8. Copyrights and Trademarks.

The client represents to  HB Jamaica and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to  HB Jamaica for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend  HB Jamaica and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

9. Laws Affecting Electronic Commerce.

From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend  HB Jamaica and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce. Client agrees not to send any Spam email.

10. Late Fees and Penalties.

In order for HB Jamaica to remain in business, payments must be made promptly. Delinquent bills will be assessed a J$250 charge if payment is not received within 10 days after the due date. HB Jamaica reserves the right to remove web pages from viewing on the Internet until final payment (including late charges) is made.   A fee of J$3,000 is required to be paid for websites that have been suspended or "turned off from public viewing, due to non-payment in order to restore the account to an active status.  If an amount remains delinquent 30 days after its due date, an additional fee of $3,000 will be assessed and 15% penalty will be added for each month of delinquency and the website will remain "turned off from public viewing with a Splash Page stating that the web site is undergoing routine maintenance, until all fees have been paid.

Any statement from the client that payment will not be made in the future, then HB Jamaica reserves the right to "turn off " the web site at any given time past the actual due date.  A restoration fee of J$3,000 is require to re-activate the account to an active status.  If an amount remains delinquent 7 days after your account has been suspended or 30 after its due date immediately after the website design process, then all files will be permanently removed from the server and no duplication rights or usage will be granted.  In case collection proves necessary, the client agrees to pay all fees incurred by that process. Please pay on time. Please note that hosting fee calculation will begin upon the launching of the framework to the client’s domain name. If customer website is "turned off" due to delinquent unpaid balances, then HBJamaica has the right to utilize the website for showcase purposes and all data, text, images will become the property of HBJamaica unless arrangements are made for the customer to re-enter a new hosting agreement with HBJamaica.com. In addition, if a client does not renew their domain prior to its expiration, and HBJamaica decides to renew the domain at their cost, then the domain will become property of HBJamaica.com.  This ownership of the domain can be reverted back to the client, if the client pays all outstanding balance and re-enters into another YEARLY hosting plan with HBJamaica.com.  If a customer has used a portion of time on any hosting plan, a minimum of one month hosting fee must be paid in FULL before your account is considered to be in good standing.   Customers that desire to move the domain and cancel their hosting services MUST make final payment, on any open invoices, with one of the following options before they are given access to the domain:  Online Scotia Bill Payment, Online JNBS Bill Payment, JN Money Shop or directly within the bank.  NO CREDIT CARD PAYMENT WILL BE ACCEPTED on final balances owed.

11. Ownership of Website.

 11.a Content Management Systems.

Restrictions. All rights not expressly granted by HBJamaica to you in these Terms are hereby reserved by HBJamaica. There are no implied rights. You may not use, imitate, or copy, in whole or in part, any HBJamaica trademark, service mark, trade dress, logo, or other branding (collectively, “Marks”) without, in each instance, HBJamaica’s prior written consent, in HBJamaica’s discretion. All permitted use of HBJamaica’s Marks will inure to the benefit of HBJamaica.

Ownership. As between the parties, the Website and Services, including, without limitation, any and all APIs, Software, documentation, images, video, content, logos, page headers, custom graphics, design and user interface elements, scripts, and other materials contained therein or provided in connection therewith, and all modifications, enhancements, and updates thereto, as well as all IP Rights associated with any of these materials (collectively, "HBJamaica IP") are owned by HBJamaica and/or its third party sponsors, partners, and suppliers. You have no right or license in or to the HBJamaica IP other than the right to use the Services, in compliance with the Terms, during the applicable subscription period.

11.a1.1  Hosted Version CMS WEBSITES. (Any Website Designed By HB Jamaica with Content Management Panels)
Customers contracted to use HB Jamaica  Hosted Version Ecommerce (HBCommerce) and Website Plans (HBCMS), are NOT allowed to purchase the website.  All admin panel and designs are the sole properly of HBJamaica.com and/or its affiliates.  No editing or alterations or access to our source codes will be allowed. The websites created using our content management system (HBCMS and HBCommerce) are built on and integrated with HBJamaica’s hosting platform, and any attempt to migrate or otherwise transfer any such website to another hosting provider is a violation of this Agreement.

By submitting content for your Design to us, you grant us an unrestricted license (i) to use the content for the purpose of creating your Design, and (ii) to display screenshots of your Design online, in marketing materials, or in any other manner we desire.

Except for the content provided by you, Designs created on your behalf by us belong to us, and all such Designs and copies are subject to copyright, trademark, patent, and other intellectual property laws of the Jamaica, United States and all foreign countries. We grant you an unrestricted license to use the Design created for you so long as your Services subscription or Hosting Plan chosen remains active and in good standing with HBJamaica.com and/or its affiliates.  Cancellation of your Services subscription or Hosting service terminates your license to use the Design created for you as well as use of our content management system (HBCMS and HBCommerce).

You agree to prevent any unauthorized copying of your Design. Unless otherwise specifically provided in this Agreement, no right or license under any copyright, trademark, patent, or other intellectual property right or license is granted by this Agreement. We reserve all rights not expressly granted herein.

11.a1.2  CMS Hosting

By purchasing HBCMS or HBCommerce website design services with our Hosting Service, you agree not to overuse our Server Resources. You should understand that you are on a Shared Environment & all resources are equally distributed among Customers. As Our Aim is to provide Quality Shared Hosting to Every User, there are some processor/ram usage on HBJamaica Shared Hosting. If your website starts over-usage or emails uses for spam work, we will suspend the account temporarily & inform the Customer to upgrade his/her Hosting as required. After acknowledgement of the customer, Services will be resumed. You may not use resource-intensive programs which negatively impact other customers or the performances of HB Jamaica Servers. HB Jamaica reserves the right to terminate or limit such activities any time. 

11.a1.3   Other Policies

Spamming, Phishing, Virus or any stuff related to Hacking or non-legal activities are not tolerated in our Servers. The account found involved or containing such materials will be Suspended immediately without Notice.  NO more than 5 GB of a shared hosting account can be allocated to any archive files.  Violation of this rule will result in automatic suspension.  Backups created manually will be stored for 28 days. Once this period is over, backup copy will be removed from the server. Since our hosting service is not intended for storing backup files and other data not related to the websites operation itself, be advised to download backup files to your local device if you need to store them more than 28 days.

11.a1.4  Failure to Pay

HB Jamaica may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Your Invoice will be generated 30 days before next due date and you have 3 days to pay your unpaid bill. If subscriber unable to pay the bill then on 3rd day, we will temporarily suspend their Hosting and after one month we will delete all their accounts and data.  Failure of Reseller to pay annual fee will result in a termination of Reseller Services.  Future orders from Resellers with a terminated account will be dealth with in the same manner as the general public.

11.a1.5   Refund Policy.

If the client halts work and applies by email for a refund within 30 days from (1) the point that you pay your deposit or make any payments to hbjamaica.com or (2) your receipt of an e-mail from HBJamaica confirming your order, whichever happens first, then, work completed shall be billed at the hourly rate of J$7,500 per hour, and deducted from the refundable portion of the payment. The balance of which shall be returned to the client, if any, after appropriate charges are assessed, including cancellation fees.  If, at the time of the request for refund, work has been completed (which means any commencement of the creative process) beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate of J$7,500.  No portion of the initial deposit will be refunded unless HB Jamaica has not begun working on the site (which includes any commencement of the creative process).  No portion of any payments for website design services will be refunded unless a written request is made within 30 days of making a payment of deposit to HBJamaica.  This possibility of a refund, after written request, ONLY applies if HBJamaica has not begun any work on the project ordered.  Written request made after the first 30 days will NOT result in any refunds.  A written request will NOT be considered to be received, until HBJamiaca sends an email notification that said cancellation request was received.  There will be NO EXCEPTION to this rule. NO REFUND will be allowed after the mockup or final design has been published, approved or paid in full.

No Refund on hosting fees collected.  No refund on Domain Registration Fee. No refund on design updates and update management services.  No refund on Rush Jobs.  This includes all design and coding services done AFTER the initial website design has been completed.  No Refund on Email Marketing, SEO Services, SEM Services, All Marketing Services and SMS Messenging services.  No Refund on Annual Reseller Registration Fee.  If customer cancel an order where a FREE DOMAIN was registered as a part of their plan, the customer will be charged for one year domain registration, before any approved refund, by management, is processed.  NO Refund after questionnarie has been submitted via form or by email.  Please note that by submitting the answers to our website design services questionnaire, you are agreeing to our terms and conditions for any design project, since our team will begin working IMMEDIATELY upon receipt of your answers at your domain or a TEMP site location.  No refund on website design service deposit collected or hosting fee prepaid or collected due to delays by acts of God, such as hurricane, flood or bad weather, or any other delays known or unknown to HBJamaica including delays due to reasons beyond our control such as utility failures or file corruption. If the acts of God causes interruption in internet or power service, no refund will be given due to such delays, for any ordered service for which as deposit or payment has been received by HBJamaica either online or within the approved authorized payment centers or local banks.

All approved refunds are REQUIRED to be processed as follows: 

(a) Credit Card Refund and Paypal Refund will be process back to the same credit card that was used when the initial order was placed.  If Paypal was used to process your payment, the refund will be applied to the same account that the initial transactions occurred, as well.  Please allow 7-14 business days for the refund to your credit card or Paypal account to be completed.  This time will be dependent upon the credit card company.  HBJamaica will, however, submit the approved refund request within 24-48 hours.

(b) For all other types of approved refunds, where the customer made the payment via (cash, cheque, bill payment, manual bank deposits, online bill payment, JN Money Shops) the customer MUST login their client area, which is secured and encrypted with an SSL Certificate to, and submit their bank account information via our ticket system.  The approved refund will be deposited by HBJamaica in to the customer's bank account ONLY, within 72 business hours, after the customer's bank detail is emailed to HBJamaica using RTGS method.  A fee of J$2,000 will be deducted from the approved refund amount for the cost to send payment via RTGS.  The bank account must bear the customer's name BEFORE the refund can be processed.  Once HBJamaica deposits the approved refund in the customer's bank account, the customer will be emailed a notification that the refund was deposited.  After this notification is emailed, the customer account will be closed.

(c) Option for approved refund by manager's cheque is allowed if the customer made the initial payment via: cash, cheque, bill payment, manual bank deposits, online bill payment, JN Money Shops.  There is a fee for this option of J$2,900.  This fee is for the cost of utilizing Tara Courier Service and for the cost of preparing the manager's cheque.  If the customer desires this option they MUST login their client area, which is secured and encrypted with an SSL Certificate to, and submit their mailing address via our ticket system. The fee of J$2,900 will be deducted from the approved refund and the remaining balance will be refunded within the manager's cheque.  This option will require 3-5 business days to be fully processed.  The customer is required to sign the delivery receipt, for this service, and present their ID to verify delivery.

11.a2.1  HOSTED VERSION  NON-CMS WEBSITES

Non-CMS websites (HTML Designs ONLY with NO admin access) design by HB Jamaica must have a minimum of consecutive 2 years hosting on our Hosting Server prior to receiving their website zipped and emailed for free.  This term affect only orders placed before January 1, 2009. After two years of hosting, only HTML website pages will be given to client and NOT any administrative panels, cpanel nor editing software within the cpanel such as the html editor. Only one copy will be given to the client upon written request from the client.  Additional copies will incur a cost. Client has full ownership of domain name and website once their account is in good standing.

12. SEVERABILITY.

In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision.

13. NON-ENFORCEMENT DOES NOT CONSTITUTE WAIVER.

Failure of HB Jamaica at any time to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this Agreement shall be valid unless made in writing and signed by duly authorized representative of HB Jamaica.

14. NOTICES.

HB Jamaica may provide notice to you via e-mail sent to the e-mail address provided by you upon registration or as subsequently provided by you to HB Jamaica. Such notice is deemed effective whether you receive it or not and shall be deemed written notice for the purposes of this Agreement.

You MUST provide any and ALL notices to HB Jamaica in the following way:  By e-mail to ONLY legal@hbjamaica.com

Such notice, statement or other document so delivered to HB Jamaica, except as this Agreement expressly provides otherwise, shall be conclusively deemed to have been given when first personally emailed, on the date of delivery or on the first date of receipt, AND only after HBJamaica notifies you by email that it has been received. Notice by e-mail to HB Jamaica shall be deemed ineffective, null and void unless you receive a response from HBJamaica via email that we have received your notification with an assigned case number. Notice by e-mail to HB Jamaica shall be deemed ineffective, null and void unless it has been sent to ONLY legal@hbjamaica.com.  Any such e-mail notice to HB Jamaica shall be deemed effective as of the date on which HB Jamaica replies via email that we have received the email from you, and have assigned to you a case number.

You agree and warrant that the contact information you have provided to HB Jamaica is complete and accurate, and you further agree to notify HB Jamaica within fifteen days of a change to any such contact information. Contact information includes your full legal name, e-mail address, and mailing address and the name, mailing address, telephone number, facsimile number, and e-mail address of the technical and administrative contacts for your domain, if any.

15. STATUTE OF LIMITATIONS.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

16. YOUR ADDITIONAL OBLIGATIONS AND WARRANTIES.

16a.  You agree and warrant that Your Data shall be solely for business, entertainment and/or educational purposes and that you shall assume the sole responsibility and duty to ensure that all such data, visual materials, advertising and other matter shall be transmitted exclusively to willing adults and only to places in which such materials comply with contemporary community standards.

16b.   You agree and warrant that Your Data shall not violate any Laws concerning obscenity and shall not contain or link to any pornography, or depictions of bestiality, rape, sexual assault, violence, torture or disfigurement, or other content deemed objectionable by HB Jamaica, in its sole discretion.

16c.   You agree that if, in HB Jamaica's sole and exclusive judgment, HB Jamaica concludes that Your Web Site displays, contains or links to any harmful matter or indecent materials or communications which are available to, or accessible by, minors, or displays or contains any material that consists of child pornography or which could otherwise result in harm to minors; then HB Jamaica may, without prior notice to you and in HB Jamaica's sole and exclusive discretion, either remove and erase the material from Your Web Site, and/or disable public access to the material on Your Web Site, and/or cease hosting Your Web Site, without any liability of any kind to HB Jamaica from either you or any third party.

16d.   You agree that in the event that HB Jamaica is informed by any party that your domain name or any material on Your Web Site infringes the copyright of any party, or violates the right of publicity or privacy of any party, or consists of any other claim or violation of intellectual property rights of any kind, then HB Jamaica may, without prior notice to you and in HB Jamaica's sole and exclusive discretion, either remove the material from Your Web Site, and/or disable public access to your domain name or the material on Your Web Site, and/or terminate this Agreement, without any liability of any kind to HB Jamaica from either you or any third party.  In addition, you waive any and all claims you may have, now and forever, against HB Jamaica relating to any action taken in response to the claim that you have infringed the intellectual property rights of a third party, and agree to indemnify and hold harmless HB Jamaica from and against any such claims.

16e.   You affirmatively represent, agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in Jamaica and throughout the world, to reproduce and disseminate, via the Internet, Your Data or Content which you otherwise promote, advertise, disseminate and/or distribute to anyone by your direct or indirect use of the HB Jamaica Services or HB Jamaica's Equipment, prior to and at all times during the time such materials are promoted, advertised, disseminated or distributed through any direct or indirect use of the HB Jamaica Services or HB Jamaica's Equipment.

16f.   You agree and warrant that Your Data shall not constitute or contain or link to material which is libelous, slanderous, defamatory, or which will violate or infringe upon or will otherwise give rise to any adverse claim with respect to any common law or other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights. You agree not to collect the personally identifiable data of any person without that person's consent, records of which shall be maintained throughout the term of this Agreement and for three years afterward. If you collect this data through Your Web Site you shall do so only pursuant to a posted privacy policy disclosing any and all uses of such identifiable data and in compliance with applicable law.

16g.   You agree and warrant that Your Data shall not contain or link to any material which is harmful, violent, threatening, abusive or hateful.

16h.   You agree and warrant that Your Data and any and all material(s) of every kind which you transmit using HB Jamaica's Services or Equipment shall at all times be free from any and all damaging software defects, including, but not limited to, software "viruses", "worms", "Trojan Horses," and other source code anomalies, which may cause software or hardware disruption or failure, reduced computer operating speed, or compromise any security system. You agree that you will not attempt to access the HB Jamaica Equipment or Web Site or another customer's Web Site without authorization, or use the HB Jamaica Services to it carry out, or assist in the carrying out of, any "denial of service" attacks on any other website or internet service.

16i.   You agree and warrant that you shall not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of "spamming," "phishing," or "mail bombing," and HB Jamaica reserves the right to block mail from any source which HB Jamaica believes, in its sole discretion, is being used to send such unsolicited e-mail, including but not limited to open mail relays.

16j.   You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of the HB Jamaica Services or HB Jamaica's Equipment.

16k.  You shall at all times use Web Site Space exclusively as a conventional Web Site. You shall not use the Web Site Space or Your Services in any way which may result in an excessive load on the HB Jamaica Equipment, including but not limited to installing or running web proxies, using your allotted space as online backup or storage, or mirroring mass downloads. Use of Web Site Space and Your Services shall be in a manner consistent with this Agreement and shall not in any way impair the functioning or operation of HB Jamaica's Equipment or network. Should your use of the HB Jamaica Services result in an overly high load on the HB Jamaica Equipment, in HB Jamaica's sole discretion, HB Jamaica may suspend your account until the cause of any such overload is determined and resolved.

16l.   You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of the HB Jamaica Services and that no taxing authorities shall have any claim against HB Jamaica or any persons affiliated therewith for the payment of such taxes.

16m.  You agree not to use your IMAP or POP account for the storage of files other than in the course of normal e-mail usage.

17.    SECURITY MEASURES on Hosting Space.

HBJamaica have an extensive custom firewall rule and large mod_security rulesets protecting our servers. If we do experience heavy flooding, we have our datacenter enable network level flood protection. Our datacenters are all highly secure facilities with restricted access.  Our other security methods and precautions are confidential.

You are responsible for the security of the hosting space provided to you by HBJamaica.  By hosting on HBJamaica servers, you have agreed to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.   

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method.  This includes all softwares and Wordpress websites.   When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.

Being aware of these responsibilities is important, as an account that is found to be compromised may be disabled and/or terminated.  Failure to clean your account after being notified by HBJamaica of an ongoing issue may result in having your account disabled.

What Can You Do to be More Secure?  

HBJamaica recommends a number of actions and services which can help you maintain security on your website. The following security tips are offered in order to help our clients maintain site security and protect their accounts:

Update Scripts and CMS Installations

The vast majority of account compromises are caused by malicious users who have found exploits in scripts installed on an account. Therefore, the best advice we can offer is to make sure that all CMS installations, as well as any related themes, plugins and other add-ons, are kept up-to-date.  If you are using our HBCMS or HBCommerce system, then, HBJamaica will be responsible for this updating our systems.  For other systems such as Wordpreess, Joomla, Drupal, etc, you, the client is responsible for its maintenance.

Brute Force Compromise

In a brute force compromise, the attacker will repeatedly guess the password until the correct combination is guessed. While our servers do have certain amounts of brute force protection enabled, we suggest creating a complex password made up of at least three of the four major character types.

• Uppercase Letters (A-Z)
• Lowercase Letters (a-z)
• Numbers  (0-9)
• Special characters (-_.,!@#$%^&*)

When updating passwords, we also suggest that you do not use previously used passwords. This is due to the fact that once a password has been compromised, it will remain that way indefinitely. So, if a password is reverted back, the account will most likely be compromised again.

Viruses and Malware

Another form of password compromise occurs when account passwords are stolen using viruses/malware located on local computers from which accounts are accessed. This malware sniffs out passwords used and stored by FTP and other programs. In order to protect against this form of attack, full virus and malware scans should be run on all computers which access the account to ensure that they are clean. We offer, at a cost , SITE-LOCK We recommend following the instructions found here:

Linux

• avast! Linux Home Edition
• ClamAV

Important Note: It is generally both easier and cheaper to prevent hacking than it can be to repair a site that has been infected. HBJamaicca recommends SiteLock to protect your site. Check out our special offers for SiteLock services on hbjamaica.com:   

 SiteLock provides comprehensive website security for small businesses. SiteLock offers online businesses a smart, cost effective way to protect their business while increasing sales by over 10% through earning trust. SiteLock’s Trust Seal also provides customer confidence and has been proven to substantially increase sales and conversions, with 70% of web visitors looking for a verifiable 3rd-party certification before providing personal data.

SSL Certificates

SSL and Secure Certificates provide security for your website by encrypting communications between the server and the person visiting the website.  In order to use SSL, you need to have an SSL Certificate (also known as a Secure Certificate) installed at your domain.  You will also need a dedicated IP address for each SSL required.  There is a cost associated with the purchase of the SSL and rental of the IP address.

What is SSL Certificates used for?

There are two main reasons why you would need an SSL Certificate.  The first and most common reason is because you want to accept credit card payments on your website.  The second reason is that you may have confidential information that you want to keep secure while it is being accessed via the web.  SSL Certificates also help to protect your passwords from being intercepted, when typed into a secure login page.

Do You need one?

If you are accepting credit card payments online via a merchant account, the credit card associations and networks require that you use SSL whenever you transmit credit card information, such as the card number, cardholder's name, expiration date, CVV code, etc. (such as when a customer enters their credit card on your web store order form or payment page).  This is an important part of making your website PCI compliant (a set of rules that must be followed in order to accept credit card payments).

In addition to being PCI compliant (which is required by Visa, MasterCard, Discover Network, American Express, Diners Club International, JCB and your payment processing company), your customers also look to see if your order form or shopping cart is secure before entering their credit card information.  You can easily lose sales if your customers see that your site is not secure.

If customers are not entering credit card information directly on your website, but rather entering it directly on a payment processing company's website, such as PayPal, Google Checkout or Amazon Payments, then you do not need an SSL Certificate, since you are not transmitting or storing credit card information.  By Sept 2016, however, you will need an SSL Certificate to continue to use Paypal.  HBJamaica ONLY sells SSL Certificate that are SHA-256, which meets this new standard required by Paypal and others.

Make Regular Backups

Be sure to make regular backups of your account in case there is a compromise.  HBJamaica does make regular backups for Shared HBCMS and HBCommerce customers, only and not Cloud Hosting or Wordpress customers.

18. Sole Agreement.

The agreement contained in this "Web Site Design Agreement" constitutes the sole agreement between  HB Jamaica, its subcontractors, and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for one month after anticipated completion after all parties sign this contract and contract is paid in full. Continued services after that time will require a new agreement.

This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of HBJamaica.com or you has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement, and HBJamaica.com and you hereby acknowledge and agree that neither HBJamaica.com nor you have executed this Agreement in reliance upon any such representation or promise.  See Refund Policy below.

18a. MODIFICATION.

This Agreement may be materially altered by HB Jamaica by posting the new version of the Agreement at www.hbjamaica.com and if posted in this manner, shall be effective immediately upon posting such notice. In the event that HB Jamaica does materially change the terms of this Agreement, you accept and shall be bound by such changed terms unless you opt to terminate the Agreement within thirty days of the posting of notice of such change.

You may not modify this Agreement, in whole or in part, and any such modification or attempt to modify shall not be enforceable unless reduced to writing and signed by a duly authorized representative of HB Jamaica. No additional or conflicting term in any other document used by you will have any legal effect.

Last Updated:  December 18, 2016

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