Terms of Service

CajunSites ("The Company") agrees to furnish services to the Customer, subject to the following TOS (Terms of Service).

Use of CajunSites’ Service constitutes acceptance and agreement to CajunSites’ AUP as well as CajunSites’ TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of CajunSites and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Customer understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

1- Performance

CajunSites agrees to provide and customer agrees to purchase the services requested by customer from the website, in email or in writing. Customer may add services via any of the 3 methods and agrees to pay in advance for them whether they be 1 time charges or recurring monthly fees.

2- Changes

No changes to this agreement shall be binding except those in writing counter- executed by both parties. Deviations in pricing shall be agreed to in writing. Email shall confirmed by both parties shall suffice.

3- Billing

Recurring Billing: We only send out e-mail invoices. For credit card payments, it is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, as a courtesy, we will send an email notification, at which point we will need to be provided with another credit card within 48 hours. If we do not receive a response within 48 hours the account will be deactivated as well as any accounts under that account plan.

We currently accept

Customer credit cards will be billed as Hebert Computer Consulting, LLC.

Account Deactivations: Any account deactivated due to non-payment must contact the billing dep. to reactivate it. We cannot guarantee that your account will be activated. billing@cajunsites.com

All Charges are in U.S funds*

For credit card customers, you will be automatically charged the appropriate amount at the beginning of your account's billing period. For check/money order customers, CajunSites must receive your check/money order by the beginning of your billing period. Late payments, credit card refusals, expirations, chargebacks, disputes are subject to fines, suspensions and account terminations at CajunSites’ discretion. All unpaid balances incurred during period of service by Display Business are subject to collection.

NOTE: CajunSites charges a $25.00 fee for returned checks as well as chargebacks. For international customers, if you are sending a check/money order the amount must be drawn in US dollars. All T/T(wire) payments must include a $20 processing fee with each payment.

Price guarantee: Price remains the same from the time you sign up. Prices only changes if you change your billing schedule prior to renewal. To change your billing schedule, send email 30 days before renewal requesting to be billing monthly, quarterly, semi annually or yearly.

30 Day Money Back Guarantee/Refunds

Only shared and e-commerce hosting customers are entitled to 30-day money back guarantee.

If you become unsatisfied with our services within the first 30 days of your account activation, CajunSites will refund your hosting fee. Refunds will be issued unconditionally if request is made before your 30th day.

Cancellation Refunds: We do not refund partial monthly fees to accounts canceling after their 30 day initial account activation period. Therefore, only full monthly fees existing on account will be refunded.

4- Term

The term of this Agreement shall begin upon the date the server is installed and made available to customer and shall be for 1 month and shall renew for successive 1 month terms until terminated by either Party upon the sooner of (i) thirty (30) days prior written notice to the other Party, or (ii) the expiration or termination of all Service(s) set forth in the Statement of Work and all Work Order(s).

5- Termination Due to Breach

In the event that Customer commits a material breach of any of its obligations hereunder, CajunSites may terminate this Agreement or (at CajunSites’ sole option) suspend, interrupt or terminate one or more Service(s) to which such breach pertains by sending written notice of termination to Customer with termination effective as of the fifth (5th) calendar day after the date such notice is given.

6- Effects of Termination

Unless the Parties agree otherwise in writing, termination of the Agreement shall also serve to terminate all Service(s) and Statements of Work and to cancel all Work Orders, and Customer shall pay CajunSites all Fees and Expenses earned or incurred by CajunSites pursuant to such Service(s), Statements of Work and Work Orders through the date of termination, less any payments made hereunder by Customer prior to said termination. Additionally, all property of each Party which is in possession of the other Party shall be returned to its owner. In the event one or more Service(s) is terminated prior to the expiration of the Term for such Service(s) (other than due to a material breach of this Agreement by CajunSites.

7- Warranties of CajunSites

CajunSites warrants that the Service(s) shall be provided in a workmanlike and professional manner. Upon CajunSites’ breach of the foregoing warranty, Customer's sole and exclusive remedy shall be to require CajunSites to exercise commercially reasonable efforts to repair or replace the nonconforming Service(s); provided, however, that, with respect to any Service(s) which are interrupted or rendered inoperable due solely to CajunSites’ breach of the foregoing warranty for any time period, Customer shall also be entitled to a pro-rata refund of any Fees attributable to the interrupted or inoperable Service(s) in an amount determined by multiplying the fixed monthly, recurring Fees (if any) for the interrupted or inoperable Service(s) by the ratio that the number of consecutive hours of inoperability bears to 720 hours (for the purpose of this computation, each month is deemed to have 720 hours). CajunSites will not be liable to any extent whatsoever for interruption, restriction, inoperability or malfunction of any Service(s) which is not caused solely by a breach of the warranty set forth in this Section 8 CajunSites expressly reserves the right to suspend, interfere with, impair or terminate Service(s) as necessary for purposes of maintenance, upgrades or repair (either by CajunSites or by any supplier, partner or independent contractor of CajunSites.) or in the event of any circumstance which CajunSites, in its sole discretion, deems necessary or desirable to prevent or remedy an impairment of, or harm to, the integrity or functionality of any Service(s) or any plant, services or facilities of any Indemnities (as defined in Section 11) or of any third party, and neither the exercise nor the non-exercise of the foregoing rights or discretion shall constitute a breach of any provision of this Agreement.

EXCEPT AS SET FORTH IN SECTION 8, D CAJUNSITES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF UNINTERRUPTED OR ERROR-FREE OPERATION AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE(S) OR ANY ASPECT THEREOF, AND ALL WARRANTIES WITH RESPECT THERETO ARE HEREBY EXPRESSLY DISCLAIMED.

Customer expressly acknowledges and agrees that proper provision of the Service(s) is dependent upon the provision to CajunSites, by Customer of timely and accurate information regarding (i) Customer's needs and expectations regarding the Service(s), and (ii) all operational, technological or other data which Customer knows or should know is relevant to the provision of the Service(s) (collectively "Information"). Customer shall provide the Information to CajunSites in a timely manner and the Information shall be accurate. Customer agrees that, in the event of Customer's breach of its obligations in this Section 8, the warranty set forth in Section 8 shall be null and void.

8- Warranties of Customer

Customer hereby covenants, represents and warrants that:

1. a.Customer will not, and will not permit others to use Service(s)
   
   1. for any unlawful or illegal purpose or in connection with or in furtherance of any unlawful or illegal activity,
      
   2. in violation of any applicable law or regulation,
      
   3. in a manner that will, or is likely to, infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the right of privacy, publicity or other personal rights of others, or
      
   4. in connection with any conduct or activity that is, in the sole opinion of CajunSites, defamatory, indecent, obscene, offensive, threatening, abusive, hateful, tortuous or violative of the rights of any other person or entity;
      
2. Customer will not, and will not permit others to, do any act which may interfere with or compromise the security or functionality of any Service(s), including without limitation attempting to probe or test the vulnerability of any system or network connected to or accessible by the Service(s);
   
   No equipment owned, leased, maintained by or controlled by Customer or by any third party which is connected to or utilized the Service(s) with the consent of Customer will
   
   1. interfere with or impair any Service(s) or any plant, services or facilities of any Indemnitees or of any third party,
      
   2. unlawfully interfere with or impair the transmission of privacy of any data or communications transmitted over the Service(s) or over any plant, services or facilities of any Indemnitees or of any third party, or
      
   3. create, cause or contribute to the creation or causing of a hazard to any Indemnitees or to any third party.
      

9- Disputes

All payments to CajunSites which have been serviced beyond 30 days are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred and refunds will be given at the discretion of the Company Management. If you dispute a charge to your credit card issuer that, in CajunSites’ sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay CajunSites an "Administrative Fee" of not less than $50 and not more than $150

10- Indemnification

CajunSites reserves the right to suspend, interrupt or terminate any Service(s) or this Agreement immediately without further notice in the event of a breach by Customer of Section 8. CajunSites reserves the right to remove, delete, disable or block transmission of any data or materials which CajunSites reasonably believes constitute, either alone or in conjunction with other acts, omissions or data or materials, a breach or potential breach by Customer of Section 8. Customer agrees to defend, indemnify and hold harmless CajunSites, its successors or assigns, subsidiaries, officers, directors, employees, agents, independent contractors, licensees, licensors, suppliers and customers (excluding Customer) (collectively "Indemnitees") against any and all claims, liability, loss, damage, or harm (including without limitation reasonable legal and accounting fees) suffered by such Indemnitees (including without limitation claims, liability, loss, damage, or harm in connection with death, bodily injury or injury to real or personal property) arising from or in connection with (i) Customer's purchase or use of any Service(s), including without limitation any claims, liability, loss, damage, harm suffered by such Indemnitees arising from or in connection with the use by any third party of any Service(s) purchased by Customer regardless of whether such use was authorized by Customer, or (ii) Customer's breach of any provision of this Agreement.

11- Limitation of Liability

Any other provision of this Agreement to the contrary notwithstanding, the aggregate liability of all Indemnitees for any losses or damage, whether direct or indirect, arising out of or in connection with the Service(s), including without limitation any cause of action sounding in contract, tort or strict liability, shall be limited to actual, direct damages incurred but in no event shall exceed the greater of

1. One Thousand Dollars, or
   
2. The Fees paid by Customer to CajunSites during the two (2) months preceding the month in which liability arose for the Service(s) in connection with which such liability arose. CajunSites shall not be liable for lost profits or other consequential damages, cover damages, or for any claims against Customer by any third party, even if CajunSites was advised of the possibility of same. Under no circumstances shall CajunSites be liable hereunder for special damages, consequential damages, general damages, incidental damages, indirect damages, or exemplary or punitive damages. No action arising out of this Agreement, regardless of form, may be brought by Customer against CajunSites more than one (1) year after the cause of action arose. Without limiting the foregoing:
   

Customer acknowledges that CajunSites is not responsible for controlling or monitoring any content, information, data or other materials stored on, transmitted via, or accessible through use of, the Service(s), and CajunSites will have no liability to Customer whatsoever in connection with such content, information, data or other materials (including without limitation the accuracy or suitability thereof or unauthorized access or damage to, alteration, theft, corruption destruction or loss of, Customer’s data or other materials); CajunSites will have no liability to Customer whatsoever in connection with any harm or loss arising from or in connection with unauthorized access to the Service(s); and all Indemnitees are expressly made third party beneficiaries of this Section 11.

This Section 11 shall survive expiration or termination of this Agreement for any reason whatsoever.

12- Proprietary/Confidential Information

CajunSites and Customer acknowledge that proprietary and confidential information (including without limitation trade secrets) (collectively "Proprietary Information") of each Party may be disclosed to the other Party throughout the term of this Agreement. Each Party agrees to not reverse engineer, decompile, disclose to any third party, or to use for any purpose not strictly required for such Party's performance hereunder, such Proprietary Information except to the extent that such Proprietary Information was:

1. made publicly available by the owner of the Proprietary Information or lawfully disclosed by a non-party to this Agreement;
   
2. lawfully obtained from any source other than the owner of the Proprietary Information;
   
3. independently developed by personnel of the receiving Party to whom Proprietary Information had not been previously disclosed and not based on or derived from such Proprietary Information; or
   
4. previously known to the receiving Party without an obligation to keep it confidential. Customer will not contract directly with any subcontractor relationships that CajunSites has under this agreement or are connected to future services related to this agreement or that are of the same nature. Anything to the contrary herein notwithstanding, CajunSites may disclose such information to its successors or assigns, subsidiaries, officers, directors, employees, agents, independent contractors, licensees, licensors and suppliers which have signed and are bound by a suitable non-disclosure agreement with CajunSites in order for CajunSites to perform the service in this contract. The obligations set forth in this Section 12 shall survive the termination of this Agreement for any reason whatsoever for a period of three (3) years; provided, however, that, with respect to Proprietary Information which constitutes a trade secret, the obligations set forth in this Section 12 shall survive the termination of this Agreement for any reason whatsoever for so long as such Proprietary Information constitutes a trade secret under applicable law.
   

13- Force Majeure

If either Party shall be prevented from performing any portion of this Agreement (except the payment of money) by causes beyond its control, including labor disputes, civil commotion, war, governmental regulations or controls, casualty, inability to obtain materials or Service(s) or acts of God, such Party shall be excused from performance for the period of the delay and the time for such Party's performance shall be extended for a period of time equal to the duration of such delay.

14- Construction, Venue, Jurisdiction

This Agreement and any claim, action, suit, proceeding or dispute arising out of or in connection with this Agreement shall in all respects be governed by, and interpreted in accordance with, the substantive laws of the State of Utah. Venue for any actions arising under this Agreement shall vest exclusively in courts located in the State of Utah. Customer hereby submits to the jurisdiction of the aforementioned courts, and agrees that it will not assert lack of personal jurisdiction as a defense to any such action. Customer acknowledges that their attorney has reviewed and participated in the construction of this document and nothing herein shall be viewed as to have favorable construction.

15- Waiver

No waiver of any right or remedy shall be valid unless in writing and delivered to the other Party, and waiver of a right or remedy on one occasion by a Party shall not be deemed a waiver of such right or remedy on any other occasion.

16- Integration

This Agreement, including all referenced or attached exhibits, schedules, attachments or documents, sets forth the entire agreement and understanding between the Parties pertaining to their subject matter and supersedes all prior or contemporaneous discussions, agreements, promises or understandings between the Parties. Neither Party shall be bound by any conditions, definitions, warranties, understandings nor representations with respect to such subject matter other than as expressly provided in this Agreement.

17- Superior Agreement

This Agreement shall not be supplemented or modified by any course of dealing or trade usage. Addition to or variance from the terms and conditions of the Agreement by Customer, including without limitation any additional or varying terms contained in Customer's preprinted forms, correspondence or other documents transmitted to CajunSites, shall be of no effect, unless otherwise expressly provided in the Agreement.

18- Assignment

This Agreement is not assignable by Customer, in whole or in part, voluntarily or involuntarily, including by operation of law or by merger in which Customer does not survive, without CajunSites’ prior written consent. Any attempted assignment without CajunSites’ written consent shall be null and void.

19- Notice

Unless otherwise agreed to by the Parties, all notices required under the Agreement shall be delivered in writing, addressed and sent to the address provided herein and to the attention of the Party executing the Agreement or the person's successor, by either

1. registered mail,
   
2. certified mail, return receipt requested, or
   
3. overnight mail, or
   
4. by telephone facsimile transfer
   
5. email that is replied to as accepted - appropriately directed to the attention of the Party executing the Agreement or that person's successor. Unless otherwise agreed to by the Parties, all notices required under the Agreement shall be deemed effective when received.
   

20- Severability

If any provision of the Agreement is held invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

21- Counterparts

This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same Agreement.

Account Activation

By activating your account with CajunSites, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and Terms of Service, and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.

NOTICE: If you sign up for an account and do not follow our terms, no refunds will be given. We will however, let you know by email or phone before any action is taken, and you will have a chance to solve the matter.

FURTHERMORE, CajunSites retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.