These Website Hosting Terms of Service apply to all Clients who engage NA Visuals for Website Hosting Services.

Welcome to NA Visuals, where we provide high-quality Website Hosting Services designed to help businesses establish and maintain a strong online presence.

This document outlines the Terms of Service (the “Agreement”) between you (the “Client,” “you,” or “your”) and NA Visuals (the “Company,” “we,” “us,” or “our”). By accessing or using our Website Hosting Services, you agree to comply with and be legally bound by these Terms. We encourage you to carefully review this Agreement, as it forms a binding contract between you and NA Visuals.

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

• “Business Days” means Monday through Friday, excluding federal holidays observed by NA Visuals.
• “Client Content” means all content, data, graphics, images, logos, text, and any other materials that you provide to NA Visuals or upload to your hosted website.
• “Design Assets” means the Client’s static, non-functional creative output, including: logos, brand graphics, photographs, media files, website copy and text content, and any other visual or written materials originally provided by the Client. Design Assets do not include active license keys, functional code dependencies, proprietary server configurations, API integrations, or any Developer Licenses.
• “Developer Licenses” means all third-party software licenses, API keys, plugin subscriptions, and premium theme licenses that are owned, purchased, or maintained by the Company under the Company’s developer or agency accounts. Developer Licenses are used to power the functional operation of the Client’s website and are not transferable to the Client.
• “Services” means all website hosting services provided by NA Visuals, including server space, bandwidth, security features, backups, and technical support.
• “Software Audit Document” means the professional documentation provided by the Company upon termination that itemizes every premium plugin, theme, and third-party software license used on the Client’s website, along with links to where the Client can purchase their own individual licenses.
• “Subscription” means the recurring billing arrangement under which you pay for Website Hosting Services on a monthly or annual basis.
• “Website Build” means the functional website configuration, including but not limited to theme frameworks, premium plugin licenses, custom CSS/PHP code, API integrations, caching configurations, firewall rules, performance optimizations, and all proprietary structural logic assembled by the Company to deliver a functioning website. The Website Build represents the Company’s proprietary “business engine” and is distinct from the Client’s Design Assets.

By using our Website Hosting Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract. If you are using our services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

If you do not meet these eligibility requirements, you are not authorized to access or use our services.

By checking the acceptance checkbox at the time of purchase, paying your first invoice, or continuing to use the Services after receiving notice of these Terms, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement. Simply browsing our website does not constitute acceptance; an affirmative action (such as checking a box, executing a digital signature, or completing payment) is required.

These Website Hosting Terms of Service are intended to be read and applied in conjunction with our Website Design Terms of Service. If you have contracted for both website hosting and website design services with NA Visuals, the terms governing each service are complementary and collectively form the complete agreement between you and NA Visuals.

In the event of any conflict between these Website Hosting Terms and the Website Design Terms, the Website Design Terms will govern the provision of website design services, while the Website Hosting Terms will apply to hosting-related services.

Order of Precedence: If there is any conflict between this Agreement, the Refund Policy, and any other service-specific terms, the following order of precedence applies: (1) a signed Service Agreement, if any; (2) the Refund Policy; (3) these Website Hosting Terms of Service; (4) the Website Design Terms of Service.

Important: Website Design Services are dependent upon active Website Hosting Services. Termination of your Website Hosting Services will automatically terminate any associated Website Design Services. See Section 22 (Termination) for details.

We reserve the right to modify, update, or replace any part of these Terms of Service at our sole discretion. We will provide at least fourteen (14) days’ notice before any material changes take effect. Notice will be provided via email or through your admin account.

If you do not agree with the updated Terms, you may cancel your Subscription within the notice period. Continued use of our services after the effective date of any changes constitutes acceptance of the revised Terms.

We specialize in providing high-performance, secure, and scalable website hosting solutions designed to help businesses establish and maintain a strong online presence. Our Website Hosting Services include:

• Allocated Server Resources: Dedicated resource allocation optimized for your website’s performance and reliability.
• Full Administrative Access: Complete backend access to manage and configure your website as needed.
• Optimized Bandwidth Allocation: Efficient bandwidth management for smooth website performance.
• Secure Data Storage: Safe and encrypted storage for your website’s digital content, ensuring data integrity and privacy.
• Robust Security Features: Comprehensive security measures to protect against cyber threats and unauthorized access.
• SSL Certificate: Includes an SSL certificate for secure, encrypted data transfer between your website and its visitors.
• Regular Data Backups: Automatic and scheduled backups to ensure your website’s data is safe and recoverable.
• Technical Support: Dedicated support to assist you with any technical issues or questions related to your hosting services.

8.1 Service Availability
We reserve 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. We strive to maintain the availability and quality of our services; however, we cannot guarantee uninterrupted access.

8.2 Backup and Data Retention
We perform regular backups of your website, including files and databases, with a retention period of seven (7) days. These backups are stored on our servers and can be restored upon request, typically within 1-2 Business Days.

You do not have direct access to backups, and we recommend that you maintain a personal backup of your content. Upon cancellation or termination, all website data, including backups, will be permanently deleted within thirty (30) calendar days.

To the maximum extent permitted by law, the Company’s liability for data loss is limited to the restoration of the most recent available backup. The Company does not warrant that any specific backup will be error-free or complete. It is your responsibility to ensure that any necessary content is saved before cancellation.

8.3 Scheduled Maintenance
We may perform scheduled maintenance to ensure the reliability and security of our Website Hosting Services. We will provide at least 48 hours’ notice prior to any planned maintenance. During scheduled maintenance, your website may experience temporary downtime, but we strive to minimize disruptions and keep downtime to four (4) hours or less.

8.4 Unplanned Outages
In the event of unplanned outages or emergency maintenance due to unforeseen technical issues, we will make reasonable efforts to restore service as quickly as possible. We are not responsible for downtime caused by third-party services, force majeure events, or issues beyond our control.

8.5 Bandwidth Usage and Traffic Policy
Our servers are optimized to support stable and consistent levels of traffic. In the event of a sudden traffic surge that significantly increases bandwidth demand:

• An additional fee may be required to ensure uninterrupted performance during peak periods.
• If your website consistently receives high traffic volumes, we may revise your Subscription to reflect the additional resources needed.

9.1 Admin Account Features
Your admin account provides full backend access to manage and configure your website and services with NA Visuals. You can access your admin account through a specific login page on your website’s domain. The admin dashboard gives you access to:

• Full Editing Access: Edit your dynamic content and website pages (follow tutorial video).
• User Management: Add users and allow them to edit your website.
• Personal Information: View and update your personal details.
• Billing and Subscriptions: Access invoices, manage billing history, and review your subscription details.
• Billing Portal: Update your payment method and card information securely.
• Consultation Booking: Schedule online meetings with us for support or consultations.
• Domain Overview: View domain information and access third-party domain management.
• Referral Program: Track and manage your referral credits.
• Legal Documents: Access terms, policies, and other legal documents.
• Cancellation: Request to cancel your website hosting.

9.2 Account Security
You are solely responsible for safeguarding your login credentials and ensuring that only authorized individuals can access your admin account. If you suspect any unauthorized access or security breaches, you must notify us immediately, preferably within 24 hours, so that we can take the necessary steps to secure your account.

We are not liable for any loss, damage, or disruption of service resulting from unauthorized access due to your failure to maintain the confidentiality of your credentials.

9.3 Administrative Limitations
While you have full backend access, it is strongly recommended that you follow the tutorial video and documentation provided before making changes. To protect your website’s performance and ensure continued stability, you must not:

• Delete, deactivate, or modify any plugins, themes, or core software installed by NA Visuals.
• Access or alter security plugins, firewall configurations, or malware protection tools.
• Change custom settings, integrations, or server configurations applied during setup.
• Install unapproved third-party plugins, extensions, or scripts that could interfere with existing systems.
• Edit or remove system-critical files, code, or automation scripts managed by NA Visuals
• Export website content during an active hosting Subscription without written authorization. Upon termination, export rights are governed by Section 22 (Termination).

Any unauthorized modifications that result in broken functionality, errors, or downtime will be your sole responsibility. We may charge a repair or restoration fee at our standard hourly rate to resolve any issues caused by such changes.

We reserve the right to temporarily suspend or limit administrative access if unauthorized changes are detected that compromise the security, performance, or integrity of the hosting environment.

10.1 Subscription Requirements
To maintain uninterrupted access to our Website Hosting Services, you are required to maintain an active Subscription, billed either monthly or annually, depending on the plan you select. By agreeing to these Terms, you authorize us to automatically charge the card on file for your selected Subscription on a recurring basis.

10.2 Payment Responsibility
You are solely responsible for ensuring that your payment information is accurate and up-to-date within our billing portal. We may notify you (or Stripe, our payment processor) if your payment method is approaching expiration or requires updating.

If a payment attempt is declined, we will make multiple attempts to process the transaction. If the issue persists, your hosting services may be suspended or terminated, which could result in your website going offline. We will make reasonable efforts to contact you and provide an opportunity to resolve the payment issue before taking such action.

Late payments may be subject to a late fee of 1.5% per month on the outstanding balance, or the maximum rate permitted by applicable law, whichever is less.

10.3 Changes to Subscription Price
We reserve the right to modify the pricing structure of our Subscription plans. You will receive at least thirty (30) days’ advance notice of any pricing changes via email or through your admin account. If you do not agree to the new pricing, you may cancel your Subscription without penalty before the new rates take effect. Continued use after the new pricing takes effect constitutes acceptance of the updated rates.

10.4 Usage Restrictions and Fair Use
To maintain fair access and platform stability for all customers, we may implement usage restrictions based on your utilization of our services. If your usage exceeds the limits of your selected plan, we will notify you and provide the opportunity to either reduce your usage or upgrade your plan. In cases where additional resources are required, we may increase your Subscription price to reflect the increased server usage.

10.5 Non-Payment, Chargebacks, and Reversed Payments
Non-payment, chargebacks, or reversed payments may result in immediate suspension or termination of hosting Services. Suspension or termination due to non-payment does not entitle the Client to any refund. Clients must contact us directly to resolve billing concerns before initiating a chargeback or dispute with their bank or payment provider. Chargebacks initiated for valid charges may result in immediate service suspension or termination, and the Client is responsible for reasonable collection and recovery costs, including attorney’s fees. For full details, please refer to our Refund Policy.

You agree not to use our Website Hosting Services for any unlawful or harmful activities, including but not limited to:

• Hosting or distributing malware, viruses, or other malicious software
• Engaging in spamming, phishing, or fraudulent activities
• Uploading, transmitting, or storing infringing, defamatory, or obscene content
• Violating any intellectual property rights, including copyrights and trademarks
• Engaging in activities that compromise the security or performance of our servers or other clients

We reserve the right to suspend or terminate hosting services immediately, with or without notice, if these terms are violated. You are responsible for any legal claims arising from your content and agree to indemnify NA Visuals from any resulting liability.

We are committed to protecting your privacy and complying with applicable data protection laws, including the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and any other relevant privacy laws.

• Client Data: We collect and process personal data to provide our Website Hosting Services. This data includes account details, payment information, and website-related content.
• Data Storage: Your data is securely stored on our servers and is accessible only by authorized personnel.
• Data Sharing: We do not share your personal data with third parties, except when required by law or when engaging third-party service providers to fulfill hosting obligations (e.g., payment processors, backup services).

By using our Website Hosting Services, you consent to the collection and processing of your data as outlined in our Privacy Policy. You may access, update, or request deletion of your data by contacting us directly.

We take the security of your website and hosting environment seriously. We implement industry-standard measures to protect your website from unauthorized access, data breaches, and other security risks, including:

• Regular security patches and software updates to safeguard the hosting infrastructure
• Firewalls, malware scanning, and proactive monitoring to prevent malicious activity

We will notify you of any significant security threats or vulnerabilities we identify that may affect your website. However, we are not responsible for fixing issues caused by outdated or insecure website components provided by third parties (such as plugins or themes).

If your website is compromised due to a security vulnerability, we will assist in restoring the website to a secure state. Additional charges may apply if the issue is due to external or outdated content.

14.1 Client Intellectual Property
You retain full ownership of all Client Content and Design Assets that you provide to NA Visuals for upload, publication, or transmission through our Website Hosting Services. The Client’s ownership of Design Assets is distinct from the Company’s ownership of the Website Build and Developer Licenses, which are addressed below.

You are solely responsible for ensuring that you have obtained all necessary rights, licenses, and permissions to use, display, and distribute such content, and that your use of the Client Content does not infringe upon any third-party rights.

NA Visuals assumes no liability for any copyright infringement, trademark disputes, or other legal issues arising from the use, publication, or distribution of your content. You agree to indemnify and hold harmless NA Visuals from any third-party claims related to your Client Content.

14.2 NA Visuals’ Intellectual Property and Developer Licenses
All software, frameworks, codebases, templates, design tools, the Website Build, and other service infrastructure used or provided by NA Visuals remain the exclusive intellectual property of NA Visuals or its licensed providers. This includes the Structural Logic of the site—the specific combination and configuration of plugins, themes, custom code, caching rules, and integrations that collectively make the website function.

The Client acknowledges and agrees that the Website Build represents the Company’s proprietary “business engine.” While the Client owns their brand elements, Design Assets, and Client Content, the Company retains exclusive ownership of the specific configuration of plugins, Developer Licenses, proprietary code, and server infrastructure that powers the website.

Developer Licenses are owned by the Company under the Company’s developer or agency accounts. These licenses are governed by the respective third-party licensor’s terms and strictly prohibit transfer, reassignment, or use on servers not controlled by the Company. The Client has no right, title, or interest in any Developer License, API key, or license key used in connection with the Website Build.

You are granted a limited, non-exclusive, non-transferable, revocable license to use NA Visuals’ proprietary materials, including the functional benefit of Developer Licenses, solely for the duration of your active Hosting Subscription. This license is automatically revoked upon termination. Any unauthorized use, reproduction, distribution, resale, or modification of our intellectual property is strictly prohibited.

Server architecture, caching configurations, firewall rules, performance optimizations, and security implementations are proprietary infrastructure assets and are not included in any transfer of Deliverables or Design Assets.

14.3 Third-Party Assets
We may incorporate third-party design tools, templates, icons, plugins, or stock assets in connection with your website. While we make every effort to ensure compliance with applicable licensing requirements, we do not warrant that third-party content is free from infringement claims. You are responsible for ensuring that any third-party assets used are properly licensed.

14.4 License for Service Provision
By using our services, you grant NA Visuals a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify, and distribute your content solely for the purpose of providing, promoting, and marketing our Website Hosting and related services. This license will automatically terminate upon the termination of your Website Hosting Services.

14.5 License Revocation Upon Refund
In the event of a full or partial refund, any licenses granted to the Client for use of Digital Deliverables, drafts, concepts, or final files are immediately and automatically revoked. Upon revocation, the Client must immediately cease all use of the work product provided by the Company, delete all copies of the work product in the Client’s possession, and confirm deletion in writing upon request. Any continued use of revoked work product constitutes copyright infringement and a breach of this Agreement, and the Company reserves the right to pursue all available legal remedies. For full details, please refer to our Refund Policy.

You are solely responsible for registering, managing, and renewing your domain name through your chosen domain registrar, under an account that you control. We do not retain ownership of your domain name. However, at your request, we may act as the administrative or technical contact for your domain, which may grant us limited access to domain-related settings and notifications.

It is your responsibility to:

• Ensure that your domain registration remains active and does not expire
• Monitor renewal dates and pay associated renewal fees on time
• Keep your domain registrar account credentials and contact information accurate, secure, and up to date

We are not liable for any website downtime, data loss, business interruption, or other consequences arising from your failure to renew your domain name or maintain accurate domain settings. We strongly recommend enabling auto-renewal through your domain registrar.

We may offer a Referral Program to reward clients who refer new customers to our Website Design and Hosting Services. Participation is optional but subject to the following terms:

• To qualify for referral rewards, your referral must use your unique referral link to submit an inquiry for a website. Referrals made without your link cannot be credited retroactively.
• A referral credit will only be issued once your referral completes a successful full website design transaction with us.
• Each successful referral earns one (1) credit valued at the posted price.

Credits may be applied toward eligible services:

• New website pages: Each additional page starts at the posted price. One credit covers up to the posted value in the Referral Program section; any remaining balance will be billed separately.
• Page updates: One full credit may be redeemed for a single page update request.

There is no limit to the number of referrals you can make or credits you can earn. However, credits are non-transferable, non-redeemable for cash, and must be used before their expiration date. Credits and their expiration dates can be viewed in your admin dashboard. Expired credits hold no value and cannot be reinstated. Upon termination of your Services, any unused credits will be forfeited.

Referral credits are not eligible for refund under any circumstances. For full details, please refer to our Refund Policy.

We reserve the right to modify, suspend, or discontinue the Referral Program at any time, with or without notice.

Technical support is provided to assist clients with the use and operation of our Website Hosting Services. Support is available through the following channels:

• Email: [email protected] (recommended)
• Video Meetings: Book directly through your admin dashboard (recommended for in-depth support)
• Text: Contact number available in the admin dashboard

We strive to respond to all support inquiries within 1-2 Business Days. However, response times may vary depending on the nature and severity of the issue. For critical service outages, we will prioritize responses and work to resolve the issue as quickly as possible.

Support requests related to issues beyond the scope of our Website Hosting Services may incur additional charges.

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of this Agreement. This includes, but is not limited to, business strategies, customer data, pricing information, technical specifications, and login credentials.

Confidential information shall not be disclosed to third parties without prior written consent, except as required by law. This confidentiality obligation shall survive termination of this Agreement for a period of one (1) year.

19.1 Our Warranty
NA Visuals warrants that our Website Hosting Services will be performed in a professional manner consistent with industry standards. If any Service fails to meet the agreed specifications within thirty (30) days of the issue being reported, we will correct the deficiency at no additional cost. This warranty does not cover issues arising from Client-provided content, Client modifications, third-party services, or changes made outside of the Company’s recommended guidelines. We aim for 99.9% uptime annually, excluding scheduled maintenance windows and circumstances beyond our control.

19.2 Disclaimers
EXCEPT AS EXPRESSLY SET FORTH ABOVE, ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR ERROR-FREE OPERATION OF YOUR WEBSITE.

We are not responsible for issues arising from third-party platform changes, including but not limited to plugin conflicts, software updates, or changes made by domain registrars or payment processors that may affect your website or services.

To the fullest extent permitted by law, NA Visuals, including its affiliates, officers, directors, employees, agents, and licensors, shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or in connection with your use of, or inability to use, our Website Hosting Services.

This includes, without limitation, damages for loss of profits, revenue, data, business opportunities, goodwill, or other intangible losses, whether based on contract, tort, negligence, strict liability, or any other legal theory, even if NA Visuals has been advised of the possibility of such damages.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NA VISUALS’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT FOR WEBSITE HOSTING SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

By using our services, you acknowledge that such interruptions may occur and agree that NA Visuals shall not be held responsible for any damages, losses, or claims resulting from temporary downtime, technical failures, or service disruptions.

You agree to indemnify, defend, and hold harmless NA Visuals, its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to:

• Your use or misuse of our Website Hosting Services
• Your breach of these Terms of Service or violation of applicable law
• Any Client Content you upload, transmit, or display through your hosted website
• Any actual or alleged infringement of third-party intellectual property, privacy, or proprietary rights
• Your integration or use of third-party services, software, or tools
• Any negligent, unlawful, or unauthorized acts by you or anyone accessing your website or admin account under your credentials

This indemnification obligation survives the termination or expiration of your Website Hosting Services.

22.1 Termination by Client
You may cancel your Website Hosting Services at any time, for any reason, by submitting a cancellation request through your admin account. Once your cancellation request is processed, your Subscription will not renew, and no further charges will be incurred. Your services will remain active until the end of your current billing period.

Except as provided in Section 24 (annual plan exception), all fees previously paid are non-refundable. Hosting fees are not prorated for partial months or unused time. Canceling hosting before the end of a billing cycle does not entitle the Client to a refund or credit for the remaining time. For full details, please refer to our Refund Policy.
It is your sole responsibility to ensure that all website content is backed up and saved prior to requesting cancellation.

22.2 Termination by NA Visuals
We may terminate or suspend Services immediately, without prior notice, for the following reasons:

• You breach any provision of this Agreement
• Payment is not received within thirty (30) days of the due date
• You engage in prohibited activities as outlined in Section 11
• Your use of the services poses a risk to the security, integrity, or performance of our platform

We may also terminate Services for any reason, at our sole discretion, by providing thirty (30) days’ written notice via email.

22.3 Effect of Termination
Upon termination, whether initiated by you or NA Visuals:

• Your access to our Website Hosting Services, admin account, and all associated infrastructure will be discontinued.
• All Developer Licenses, API keys, and license keys associated with the Website Build will be deactivated by the Company. The Client acknowledges that deactivation of Developer Licenses may cause the website to lose styling, security features, performance optimizations, or core functionality.
• All data stored on our servers, including website content, configurations, and backups, will be permanently deleted within thirty (30) calendar days unless a Post-Termination Asset Transfer is requested under Section 22.5.
• All outstanding payments become immediately due.

We will not be responsible for any loss of data, business interruption, or damages resulting from the discontinuation of services. Sections regarding intellectual property, limitation of liability, indemnification, confidentiality, and dispute resolution shall survive termination.

22.4 Relationship with Website Design Services
Website Design Services provided by NA Visuals are dependent upon active Website Hosting Services. If your Website Hosting Services are terminated or suspended for any reason (including non-payment, breach, or voluntary cancellation), your Website Design Services will automatically terminate effective on the same date.

This automatic termination occurs because the design tools, licenses, and software used to maintain your website are provided as part of the hosting environment. Without active hosting, NA Visuals cannot provide Website Design Services.

22.5 Post-Termination Asset Transfer
Upon request following termination and full payment of all outstanding balances, the Company will provide the Client with their Design Assets at no additional charge, as these materials reflect work the Client has already paid for. The asset transfer will include:

• Logos and brand graphics originally provided by the Client
• Photographs, images, and media files uploaded by the Client
• Website copy and text content originally provided by the Client
• The Client’s completed website design in its static form
• A Software Audit Document itemizing every premium plugin, theme, and third-party software license used on the Client’s website, along with links to where the Client can purchase their own individual licenses

The following will NOT be included in the asset transfer:

• License Keys: All API keys, license keys, and Developer License credentials owned by the Company will be deactivated prior to the asset transfer. No license keys will be provided, shared, or transferred to the Client under any circumstances.
• Custom Theme Code: Any custom code, proprietary themes, automation scripts, or functional code written or configured by the Company remains the exclusive intellectual property of the Company and is not included in the transfer.
• Proprietary Configurations: Server-side configurations, caching rules, firewall settings, performance optimizations, custom security implementations, and any proprietary infrastructure assets created or managed by the Company are excluded.

License Deactivation Notice: The Client acknowledges that the website utilizes proprietary Developer Licenses owned by the Company. Upon migration or hosting cancellation, these licenses will be deactivated. The website may lose styling, security features, caching, performance optimizations, or core functionality until the Client secures their own valid software licenses. The Software Audit Document will serve as the Client’s guide to restoring functionality independently.

No Migration Warranty: The Company makes no representations or warranties regarding the functionality, appearance, performance, or security of the website once it has been migrated to a third-party hosting environment. The Company is not responsible for re-launching, configuring, troubleshooting, or supporting the website on any server or hosting platform not operated by the Company.

22.6 Migration Assistance
Upon request following termination, the Company will provide the Client’s Design Assets and Software Audit Document at no additional charge, as these materials reflect work the Client has already paid for.

However, the Company is not obligated to provide migration assistance, server configuration, re-launch services, or troubleshooting for third-party hosting environments. If the Client requests hands-on migration assistance beyond the delivery of Design Assets, including but not limited to installing the website on a new host, configuring server settings, reconnecting third-party integrations, or troubleshooting functionality issues on a platform not operated by the Company, such services will be billed at the Company’s then-current standard hourly rate.

Migration assistance is provided at the Company’s sole discretion and does not create any ongoing obligation to support the website after it has left the Company’s hosting environment.

22.7 Summary of Deliverables Upon Termination
The following table summarizes what is and is not delivered to the Client upon termination of services:

NA Visuals may use, integrate, or provide access to third-party services, including but not limited to payment processors, domain registrars, content delivery networks, email providers, security tools, plugins, and other software, in connection with our Website Hosting Services.

These third-party services are governed by their own terms of service and privacy policies. By using our services, you agree to comply with the applicable terms of any third-party services you utilize.

NA Visuals does not control, endorse, or assume responsibility for any third-party services and shall not be liable for any issues, failures, or damages arising from them, including service outages, data loss, security vulnerabilities, or billing errors.

We reserve the right to modify, suspend, or discontinue access to any third-party service at any time. NA Visuals shall not be liable for any inconvenience, loss, or damages caused by changes to third-party services.

All website hosting Subscription fees are non-refundable once the service has been activated, provisioned, or renewed. This includes monthly or annual hosting plans, add-on services, setup fees, administrative fees, and SSL certificate fees. Hosting fees are time-based, not usage-based, and are not prorated for partial months or unused time.

Exception for annual plans: A Client on a prepaid annual hosting plan may request a refund of the annual Website Hosting fee within thirty (30) days of the Effective Date of their Website Design Agreement (or, if there is no Website Design Agreement, within thirty (30) days of the date the annual hosting plan was first activated), equal to the annual fee paid less a non-refundable twenty-five-dollar ($25.00) setup and provisioning charge. After the thirty (30)-day period, annual hosting fees are non-refundable.

Refunds may only be considered in exceptional circumstances, such as:

• Documented failure by NA Visuals to provide agreed-upon services (excluding Client-caused delays)
• Duplicate or erroneous charges
• Services not rendered where no work or resources have been allocated

Refund requests must be submitted in writing within fourteen (14) days of the transaction or scheduled service date and must include identifying transaction details (invoice number, date, amount). Approved refunds may exclude non-refundable third-party fees.

For complete terms governing refunds across all services, including website design, photography, videography, BNPL payments, and chargebacks, please review our complete Refund Policy, which governs in the event of any conflict with this section.

25.1 Informal Resolution
We encourage you to contact us directly to engage in good-faith discussions. Both parties agree to attempt informal resolution before pursuing formal proceedings.

25.2 Arbitration
If informal resolution cannot be reached within thirty (30) days of the initial dispute notice, either party may require that the dispute be resolved through final and binding arbitration. Arbitration will take place in Los Angeles County, California, and will be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA).

The arbitration costs shall be shared equally by both parties unless the arbitrator determines otherwise. The arbitration decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

25.3 Jury Trial Waiver
BOTH PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION AS SET FORTH HEREIN.

25.4 Small Claims Exception
Notwithstanding the above, either party may bring a claim in small claims court if the dispute qualifies under applicable jurisdictional limits.

25.5 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

25.6 Injunctive Relief Exception
Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or misuse of intellectual property, proprietary materials, or confidential information, without first proceeding to arbitration.

25.7 Attorney’s Fees
In any dispute, arbitration, or proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees, costs, and expenses, in addition to any other relief awarded.

Neither party shall be held liable for any failure or delay in performance due to events beyond reasonable control, including but not limited to: natural disasters, acts of government, technical failures (internet outages, server failures), terrorism, pandemics, or strikes.

In the event of a Force Majeure event, the affected party will notify the other party as soon as reasonably practicable and will make reasonable efforts to minimize disruption. If such circumstances significantly affect the ability to deliver services for more than sixty (60) days, either party may terminate the affected services without penalty.

If the Company is unable to perform the affected Service due to a Force Majeure event, the Client’s sole remedy shall be a refund of amounts paid for the unperformed portion of the affected Service, as outlined in our Refund Policy.

You and NA Visuals agree that any disputes shall be resolved on an individual basis. By agreeing to these Terms, you waive the right to bring or participate in any class action lawsuit, class arbitration, or other collective action against NA Visuals.

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

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severable from the rest of the Agreement. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

The section headings in this Agreement are for convenience only and shall not affect the interpretation of these Terms.

By using the Website Hosting Services provided by NA Visuals, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. This Agreement, together with the Website Design Terms of Service (if applicable), our Refund Policy, and our Privacy Policy, constitutes the entire agreement between you and NA Visuals and supersedes all prior communications, whether written or oral.

If you have any questions or concerns regarding these Terms of Service, please contact us:

NA Visuals
Email: [email protected]

Thank you for choosing NA Visuals as your website hosting provider.