Welcome to Nathan Allan Co., where we specialize in delivering high-quality web design and hosting services to businesses striving to establish or enhance their online presence.

This document outlines the terms and conditions (the “Agreement”) governing the relationship between you (referred to as the “Client,” “you,” or “your”) and Nathan Allan Co. (referred to as “we,” “us,” or “our”). By accessing or utilizing our web design and hosting services, you acknowledge that you have read, understood, and agree to be legally bound by the terms set forth in this Agreement. These terms constitute a binding legal contract between you and Nathan Allan Co., so we encourage you to review them carefully.

To access and use our services, you must be at least 18 years of age. By making a payment or using any of our services, you confirm that you meet this requirement and have the legal capacity to enter into binding agreements. If you do not meet these conditions, you are prohibited from using our services.

If you permit individuals under the age of 18 to use our services, you accept full responsibility for their actions and any consequences resulting from their use. You also agree to indemnify Nathan Allan Co. against any losses, claims, or damages arising from such usage.

Nathan Allan Co. reserves the right to modify, update, or replace any part of these Terms & Conditions at our sole discretion. Any changes will take effect immediately upon being posted or communicated to you through appropriate channels. We will make reasonable efforts to notify you of significant updates to these Terms.

By continuing to use our web hosting or design services after such modifications are made, you acknowledge and agree to be bound by the revised Terms & Conditions. If you do not agree with the updated Agreement, you must discontinue using our services immediately.

Nathan Allan Co. reserves the right, at our sole discretion, to modify, suspend, or terminate any of our services, features, or materials provided through our platform at any time, with or without prior notice. This includes the discontinuation of specific functionalities or services as necessary.

We strive to maintain the availability and quality of our services; however, we cannot guarantee uninterrupted access. Nathan Allan Co. shall not be held liable for any loss, inconvenience, or damages resulting from the unavailability of all or part of our services at any time or for any duration.

Nathan Allan Co. specializes in providing web design and hosting services to businesses seeking to establish and maintain their online presence.

We manage all essential aspects of your website’s security, storage, backups, bandwidth, and ongoing maintenance to ensure optimal performance and reliability. Our servers are optimized to handle stable levels of website traffic effectively. However, if your website experiences a sudden surge in traffic that places excessive demand on our servers, an additional fee may be required to accommodate the increased resource usage. This ensures that your website continues to perform smoothly during high-traffic periods.

For websites that consistently experience significantly high traffic volumes, we may need to adjust your subscription fee to reflect the additional resources necessary to sustain optimal performance.

Please note that web design fees are separate from web hosting fees, and each service is billed independently.

Your admin account provides access to the backend of your website, including features that enable you to dynamically edit and upload content. Your dashboard will indicate which elements of your website are available for dynamic editing.

While you have the freedom to modify any aspect of your website, please be aware that certain modifications may result in issues that require professional intervention. In such cases, a separate fee may apply to cover the time, resources, and expertise necessary to resolve these problems.

You can also invite contributors to manage or perform specific activities on your website. As the account owner, you can assign roles and permissions to control their level of access.

Clients are solely responsible for safeguarding their account credentials and ensuring that only authorized individuals have access. In the event of a suspected security breach, you must notify us immediately so we can take appropriate action to secure your website.

Invoices for all paid services will be available within your admin account dashboard for easy reference and record-keeping.

Full payment is required for all products and services provided by Nathan Allan Co., including deposits, remaining balances, updates, subscriptions, and any additional charges that may apply.

Payments can be made using debit or credit cards or any alternative payment method specified on your invoice. By agreeing to these terms, you authorize Nathan Allan Co. and our trusted third-party payment service provider, Stripe, to securely process your payment information. We ensure that all transactions are handled securely to provide a seamless payment experience.

To maintain uninterrupted access to our web hosting services and ensure the continuous online presence of your website, it is required to pay a subscription fee on either a monthly or yearly basis, depending on the plan you select. By agreeing to these terms, you authorize Nathan Allan Co. to automatically charge the debit or credit card associated with your account for the chosen subscription option.

It is your responsibility to keep your payment information up-to-date in our billing portal. Our third-party payment provider, Stripe, or our team will notify you if your payment method is nearing expiration or requires an update.

In the event of a payment decline, we will make multiple attempts to process the charge. If the issue persists despite our efforts, it may result in the suspension or termination of your web hosting services and the operational functionality of your website. Prior to taking such action, we will contact you to provide an opportunity to resolve the payment issue.

Nathan Allan Co. reserves the right to adjust the pricing structure of your subscription. Should such changes occur, we will provide you with a minimum of 30 days advance notice before the new pricing takes effect. If you do not agree to the revised pricing, you have the option to terminate your web hosting subscription without penalty prior to the effective date of the changes.

Additionally, we may impose usage restrictions based on your specific utilization of our services to ensure the fair and efficient operation of our platform. These restrictions, if any, will be communicated to you as necessary.

Client Termination/Cancellation
You may terminate your web hosting services with Nathan Allan Co. anytime and for any reason by providing notice of your intent to cancel. This option is accessible through your admin account’s dashboard. Once your termination request is processed, no further subscription renewal charges will be applied. Please note that any previously paid fees are non-refundable unless otherwise stated in our refund policy.

Nathan Allan Co. Termination
Nathan Allan Co. reserves the right to terminate your website hosting services and any related offerings at any time, with or without cause, by providing notice to you. Additionally, we may immediately terminate your services, with or without notice, if we determine that you have violated these Terms & Conditions, applicable laws, or regulations.

Effects of Termination
Upon termination of services, your access to our web hosting resources will be discontinued, and your website and associated data may be permanently removed from our servers. Nathan Allan Co. is not liable for any loss of data, content, or functionality resulting from the termination of services.

Your Intellectual Property
You retain full ownership of all content, data, domain names, and materials you provide to Nathan Allan Co. or upload, publish, or transmit through our web hosting services. It is solely your responsibility to ensure that you have obtained all necessary rights and permissions to use and upload such content. Nathan Allan Co. shall not be held liable for any copyright infringement or legal disputes arising from the content you upload, publish, or transmit through our services.

Nathan Allan Co.’s Intellectual Property
Nathan Allan Co. owns, licenses, or uses all rights, titles, and interests in the software, tools, and applications provided as part of our web hosting services. These resources may only be used in connection with your use of our services and in compliance with these Terms & Conditions. Unauthorized reproduction, distribution, or use of our materials is strictly prohibited.

We may utilize third-party design tools and software to create designs, images, icons, or other visual elements for your website. While we make every effort to comply with applicable copyright laws, Nathan Allan Co. is not liable for any copyright infringement arising from the use of third-party tools or content provided by us.

Licensing for Service Provision
By using our services, you grant Nathan Allan Co. a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify, and distribute your content solely for the purposes of providing, promoting, and marketing our web design and hosting services. This license automatically terminates upon the termination of your web hosting services.

Prohibited Uses
You may not:
– Copy or misuse our proprietary materials.
– Use any content or services in an illegal or harmful manner.
– Use our materials on platforms or websites not provided by us.
– Engage in any misrepresentation, abuse, or violation of third-party rights or applicable laws.
– Failure to adhere to these terms may result in the cancellation of your account and the termination of our services.

You are responsible for purchasing and managing your domain name under your own account. Nathan Allan Co. does not retain ownership of your domain name but may act as the administrative contact and have access to certain information related to it.

It is your responsibility to renew your domain name with the Registrar to avoid interruptions to your website’s online presence. Nathan Allan Co. is not responsible for any downtime or loss resulting from a failure to renew your domain name.

Privacy Policy
You can view a more detailed version of how we use your personal information in our Client Privacy Policy here.

Data We Collect
Nathan Allan Co. collects and processes client data necessary for providing our web design and web hosting services. This may include:
– Personal Information: Name, contact details, payment information, and address.
– Usage Data: Information related to your use of our services, such as account activity and website performance metrics.

All payment information is securely stored and processed by our trusted third-party payment provider, Stripe. Nathan Allan Co. does not store sensitive payment details on our servers.

How We Use Your Data
We use client data solely to deliver and improve our services, including:
– Managing client accounts.
– Processing payments and subscriptions.
– Providing customer support.
– Enhancing the performance and functionality of our services.

Sharing and Marketing
We do not sell or share your information with third parties for commercial purposes. However, we may use the name of your business and the owner’s first and last name for social media marketing purposes, such as showcasing projects or testimonials, unless you request otherwise.

Your Privacy Rights
Clients may contact us at any time to request updates, corrections, or deletions to their personal information, subject to any legal or contractual obligations.

Nathan Allan Co., along with its affiliates, directors, employees, agents, and licensors, shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use or inability to use our web design and web hosting services. This includes, but is not limited to, damages for loss of profits, revenue, data, business opportunities, or other intangible losses, whether such damages are based on contract, tort, strict liability, or any other legal theory—even if Nathan Allan Co. has been advised of the possibility of such damages.

While we strive to provide reliable and uninterrupted web hosting services, we do not guarantee the continuous availability or flawless operation of our services. Temporary unavailability may occur due to scheduled maintenance, technical issues, or factors beyond our control, such as third-party outages or force majeure events.

By using our services, you acknowledge and accept that such interruptions may occur and agree that Nathan Allan Co. shall not be held liable for any loss, inconvenience, or damages resulting from the temporary unavailability or disruption of our services.

You agree to indemnify, defend, and hold harmless Nathan Allan Co., its affiliates, directors, officers, employees, agents, partners, and licensors from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
– Your use of our web design and hosting services.
– Your violation of these Terms & Conditions.
– Your violation of any rights of a third party.

You further agree to fully cooperate in the defense of any such claims. Nathan Allan Co. reserves the right, at its sole expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such cases, you agree not to settle any matter without the prior written consent of Nathan Allan Co.

This indemnification obligation will survive the termination of your use of our services and the termination of these Terms & Conditions.

You acknowledge and agree that Nathan Allan Co. acts solely as an intermediary platform between you and any third-party services (“Third-Party Services”), regardless of how such services are offered (whether bundled or integrated with our services or offered separately by Nathan Allan Co.). Nathan Allan Co. does not endorse, control, or assume responsibility for any Third-Party Services and is not liable for any issues, interactions, or transactions between you and the providers of such services.

You further acknowledge that certain Third-Party Services may require additional payments to Nathan Allan Co. and/or directly to the providers of such services. All such payments and the use of these services are governed by the respective terms and conditions of the Third-Party Service providers.

Nathan Allan Co. reserves the right to remove, modify, or discontinue any Third-Party Services at any time. This may impact your website, user account, or overall experience. By agreeing to these terms, you accept that Nathan Allan Co. shall not be held liable for any loss, inconvenience, or damages resulting from the removal, modification, or unavailability of such services.

Due to the nature of the services provided by Nathan Allan Co. and the significant time, effort, and resources dedicated to each project, all payments made to Nathan Allan Co. are non-refundable. By using our services, you acknowledge and agree to this policy.

In exceptional circumstances where a refund is granted at the sole discretion of Nathan Allan Co., the refunded amount may be subject to deductions to cover credit card processing fees and other applicable costs. Refunds, if issued, will not include the full amount initially paid.

Chargeback Policy
We do not tolerate or accept chargebacks initiated through your credit card company. By agreeing to these terms, you waive your right to initiate a chargeback for payments made to Nathan Allan Co. Any disputes regarding payments must be resolved directly with us. Unauthorized chargebacks may result in the termination of all services and potential legal action to recover incurred costs.

In the event of a dispute between you and Nathan Allan Co. arising from these Terms or your use of our services (including disputes regarding interpretation, breach, invalidity, non-performance, or termination), we are committed to pursuing an informal resolution process as the first step. We encourage you to contact us directly to engage in good-faith discussions aimed at resolving the dispute amicably.

If an informal resolution cannot be reached, Nathan Allan Co. reserves the right, at our sole discretion, to require that the dispute be resolved through final and binding arbitration. Such arbitration will take place in the State of California, specifically in the County of Los Angeles, and will adhere to the Rules of Arbitration as governed by the American Arbitration Association (AAA). California law shall govern the arbitration proceedings.

By agreeing to these Terms, you acknowledge and agree to the following:
– Arbitration as a Last Resort: Arbitration will only be pursued after good-faith informal resolution efforts have been exhausted.
– Waiver of Trial: You waive the right to a trial by jury or judge, except for claims that may be brought in small claims court.
– Fairness and Efficiency: This process aims to ensure fairness, efficiency, and effective communication in resolving disputes.

This dispute resolution clause is intended to maintain a cooperative and equitable process for resolving disagreements while emphasizing the importance of informal resolution methods.

You and Nathan Allan Co. agree that any disputes arising between you and Nathan Allan Co. shall be resolved on an individual basis. By agreeing to these terms, you waive the right to bring or participate in any lawsuit, arbitration, or other legal action against Nathan Allan Co. on behalf of any group, class, or other collective entity.

This means:
– No Class Actions: You agree not to initiate or participate in any class action lawsuit or class arbitration against Nathan Allan Co.
– No Consolidated Disputes: You agree that disputes involving multiple parties or consolidated claims will not be permitted.

This Class Action Waiver applies to all clients located within the United States and is enforceable to the fullest extent permitted by law.

The section headings in this agreement are provided solely for convenience and do not define, limit, interpret, or describe the scope or intent of any section. These headings have no legal or contractual effect on the interpretation or enforcement of the terms outlined in this agreement.

If any provision of these Terms & Conditions is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. All other sections of these Terms & Conditions shall remain in full force and effect as part of a binding legal contract.

By accessing and using the services provided by Nathan Allan Co., you acknowledge that you have read, understood, and agreed to these Terms & Conditions. This agreement represents the entire understanding between you and Nathan Allan Co. regarding our services and supersedes any prior agreements, communications, or understandings, whether written or oral.

If you have any questions or concerns regarding these Terms & Conditions, please contact us at [email protected]. Thank you for choosing Nathan Allan Co. to support your web design and hosting needs.