Terms of Service

1. Introduction and Agreement to Terms

Welcome to RasTech. These Terms of Service (“Terms”) govern your access to and use of the web hosting, web development, and related services (collectively, the “Services”) provided by RasTech (“we”, “us”, or “our”).

By purchasing a subscription, accessing our platform, or utilizing any of our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

1.1 Business Entity and Identity

You acknowledge and agree that RasTech is currently operating as a sole proprietorship/independent contractor. All contracts, subscriptions, and agreements made through the RasTech platform are legally binding agreements between you (the “Client”) and the business entity operating as RasTech.

1.2 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which RasTech primarily operates, without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be subject to the exclusive jurisdiction of the local courts in that primary operating region.

2. Services, Subscriptions, and Ownership

2.1 Custom Website Development

RasTech provides custom website design and development services. The scope of work, timeline, and initial build fee for each custom website will be agreed upon during a direct consultation.

• Payments for Development: Currently, the initial development fee is separate from the hosting subscription and must be paid via direct bank transfer or cash as invoiced.
• Non-Refundable: Once development work commences and the initial payment is received, the development fee is non-refundable.

2.2 Intellectual Property and Ownership

Unless explicitly stated otherwise in a separate written agreement, RasTech retains full ownership, intellectual property rights, and copyright to all website code, designs, layouts, and infrastructure created during the development process.

• The Client is purchasing a fully managed service and the right to usethe website on RasTech's infrastructure, not purchasing the underlying codebase.
• If a Client chooses to cancel their subscription, they are not entitled to a copy of the website's source code, design files, or database to migrate to another hosting provider.

2.3 Hosting and Maintenance Subscriptions

Upon completion of the website build, the Client must enroll in a RasTech recurring monthly subscription plan to keep the website live and maintained.

• What is Included: The basic subscription includes premium web hosting, standard server maintenance, and minor text or image updates requested by the Client.
• Scope of Changes: “Minor updates” do not include full page redesigns, the addition of complex new features, or structural changes. RasTech reserves the right to determine what constitutes a minor update. Requests exceeding this scope may be subject to additional development fees or require upgrading to a premium tier (if available).
• Billing: Subscription billing is handled automatically via our designated Merchant of Record (MoR).

2.4 Cancellation and Failed Payments

The Client may cancel their subscription at any time. In the event of a failed subscription payment, RasTech will enforce the following grace period and suspension timeline:

• 14-Day Grace Period: If a monthly payment is not successfully processed within fourteen (14) days of the original due date, the website will be temporarily taken offline and the Client's access to managed services will be suspended.
• 60-Day Archival: If the account remains unpaid for sixty (60) days past the original due date, the website files and database will be removed from active servers and archived. To bring an archived website back online, the Client must pay all past-due balances in addition to a one-time Reactivation Fee.
• Permanent Deletion: RasTech reserves the right to permanently delete all archived website data and assets if the account remains in default ninety (90) days after the original failed payment.

3. Acceptable Use and Scope of Services

3.1 RasTech Exclusive Hosting

RasTech operates a closed, fully managed hosting environment. We do not offer shared hosting services for websites or codebases developed by third parties. Our hosting infrastructure is strictly reserved for websites designed, developed, and deployed directly by RasTech.

3.2 Scope of Development (Informational Websites)

RasTech currently specializes in building informational and brochure-style business websites. At this time, our services do not include the development or hosting of:

• Applications requiring user authentication (login portals).
• Complex dynamic databases.
• E-commerce platforms processing on-site transactions.

If a Client's business needs evolve to require these features, RasTech will discuss potential custom solutions or assist in migrating the informational site to an appropriate third-party platform.

3.3 Prohibited Content and Industries

While RasTech maintains control of the underlying codebase, the Client is responsible for all text, images, and brand materials provided for the website. RasTech strictly prohibits the use of our services to display, promote, or distribute any of the following:

• Illegal Content: Any material that violates local, national, or international law.
• Explicit Material: Adult content, pornography, or sexually explicit media.
• Malicious Activity: Spam, phishing, malware distribution, or deceptive practices.
• Intellectual Property Violations: Pirated software, unlicensed media, or any content that infringes on the copyrights or trademarks of others.

3.4 Right to Refuse Service

RasTech reserves the right, at our sole discretion, to refuse development or terminate hosting services for any business or content that we deem harmful to our network reputation, violates this Acceptable Use Policy, or falls outside our current technical scope.

4. Disclaimers and Limitation of Liability

4.1 “As-Is” Service

RasTech provides its website development and managed hosting services on an “as is” and “as available” basis. While we strive to maintain the highest level of uptime, security, and performance, we do not guarantee that the services will be uninterrupted, completely error-free, or entirely secure from malicious third-party actions.

4.2 Third-Party Infrastructure Outages

RasTech utilizes industry-leading third-party platforms, content delivery networks, and payment processors to operate our services. RasTech shall not be held liable for any website downtime, degraded performance, or service disruptions caused by widespread outages, maintenance, or failures of these third-party infrastructure providers.

4.3 Limitation of Damages

To the maximum extent permitted by applicable law, in no event shall RasTech be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, without limitation, any loss of profits, revenue, data, goodwill, or other intangible losses incurred by the Client, resulting from:

• The Client's use or inability to use the hosted website.
• Any unauthorized access to or alteration of your website's transmissions or data.
• Any temporary suspension or permanent termination of services as outlined in these Terms.

4.4 Liability Cap

In the event that RasTech is found legally liable for any damages arising out of or in connection with these Terms, RasTech's total cumulative liability to the Client shall not exceed the total amount paid by the Client to RasTech for the monthly managed hosting subscription during the one (1) month immediately preceding the event that gave rise to the claim.

5. Modifications to Terms and Contact Information

5.1 Right to Update Terms

RasTech reserves the right, at our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect. Notice will be provided via the email address associated with your subscription account or via a prominent notification on our website.

5.2 Acceptance of Changes

By continuing to access our services or pay your monthly hosting subscription after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must cancel your subscription and discontinue use of the services.

5.3 Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, your subscription, or our development practices, please contact us at:

• Email: [email protected]
• Business Name: RasTech