Terms of Service
1. Agreement to Terms
By purchasing or using services provided by Crimson Hosting ("we," "us," "our"), you ("Client," "you") agree to be legally bound by these Terms of Service. If you do not agree, you must not use our services.
2. Services
Crimson Hosting provides website design, development, hosting, and maintenance services based on selected subscription plans (Ember, Crimson, Obsidian).
All deliverables, features, and timelines vary depending on the selected plan and any prior agreement.
3. Fees & Payments
3.1 Initial Setup Fee (Non-Refundable)
- An upfront setup fee is required before any work begins.
- This fee is strictly non-refundable under all circumstances.
- Payment secures your project slot and covers development resources.
3.2 Subscription Billing
- Services are billed monthly in advance.
- Active payment is required to maintain hosting and access to your website.
3.3 Failed or Late Payments
If a payment fails or is missed:
- Your website may be taken offline immediately.
- Services will be suspended until payment is received.
4. No Refund Policy
All payments are final and non-refundable, including:
- Initial setup fees
- Monthly subscription payments
By purchasing, you explicitly agree to this no-refund policy.
5. Cancellation Policy
5.1 Client Cancellation
- You may cancel at any time.
- No refunds or prorated reimbursements will be issued for unused time.
5.2 Immediate Website Shutdown
Upon cancellation or non-payment:
- Your website will be immediately taken offline, regardless of remaining time.
- All services cease instantly.
5.3 Reactivation
- Services may be restored upon payment.
- Any unused time may be reinstated at our discretion.
6. Ownership & Hosting Control
6.1 Ownership and License of Work
All websites, code, designs, graphics, content, and related materials created by Crimson Hosting (collectively, the "Work") remain the sole and exclusive property of Crimson Hosting at all times, regardless of payment status.
Clients are not granted ownership of the Work. Instead, upon payment and while the subscription remains active, the Client is granted a limited, non-exclusive, non-transferable, revocable license to use the website.
This license allows the Client to:
- Use the website for business purposes
- Request updates within their plan
This license does NOT allow the Client to:
- Copy, reproduce, sell, or redistribute the website or code
- Transfer the website to another host or provider
- Claim ownership of the design, structure, or code
Crimson Hosting retains full and permanent control over:
- Source code
- Infrastructure and hosting
- Design systems and frameworks
- All backend and frontend systems
If the Client cancels, fails to pay, or violates these Terms:
- The license is immediately revoked
- The website is taken offline
- All rights to use the Work are terminated
6.2 Hosting Control
- All websites are hosted and controlled by Crimson Hosting unless otherwise agreed in writing.
- We are not obligated to provide files, transfers, or access to source code at any time.
7. Client Responsibilities
You agree to:
- Provide accurate and legal content
- Respond promptly during development
- Not submit unlawful or infringing materials
Delays caused by the client do not justify refunds or timeline changes.
8. Chargebacks & Payment Disputes
Initiating a chargeback or dispute is a violation of these Terms. In such cases:
- Services will be immediately terminated
- Your website will be taken offline
- We reserve the right to pursue recovery, collections, and legal action
9. Limitation of Liability
To the fullest extent permitted by law, Crimson Hosting is not liable for:
- Lost revenue, profits, or business opportunities
- Downtime or service interruptions
- Data loss or third-party failures
Total liability is limited to the amount paid in the previous 30 days.
10. No Guarantees
We do not guarantee:
- Business success or revenue
- SEO rankings
- Customer acquisition or conversions
11. Termination by Crimson Hosting
We may suspend or terminate services at any time if:
- Payments are missed
- Terms are violated
- The client engages in abusive or unlawful conduct
12. Dispute Resolution & Arbitration
Any dispute arising from these Terms shall be resolved through binding arbitration, not in court. Arbitration shall take place in Louisiana, in accordance with the rules of the American Arbitration Association.
The Client agrees to:
- Waive the right to a trial by jury
- Waive participation in class-action lawsuits
Each party will bear its own legal fees unless otherwise required by law.
13. Modifications to Terms
Crimson Hosting reserves the right to update or modify these Terms of Service at any time.
- We will make reasonable efforts to notify clients of material changes, including via email or website notice.
- Changes become effective immediately upon posting unless otherwise stated.
- Continued use of our services after any updates constitutes acceptance of the revised Terms.
- If the Client does not agree to the updated Terms, they must discontinue use of services.
14. Governing Law
These Terms are governed by the laws of the State of Louisiana.
15. Contact Information
Business Name: Crimson Hosting
Website: crimsonhosting.com
Email: contact@crimsonhosting.com