Terms & Conditions – Berlime Solutions

1) Understanding

The terms and conditions below apply to all services provided by Berlime Solutions (“Berlime Solutions”) to any individual or organisation (“the client”) and constitute the contract for the service provided. The term ‘host-with-us’ as here used covers hosting services that we provide to the client using a well established hosting provider.
Host-with-us simply a service to the client for Berlime Solutions to purchase, access, manage & configure the hosting account where the client website resides.
In return for the fees payable by the client (or by a third party on their behalf), Berlime Solutions agrees to provide the service in accordance with the terms and conditions set out below. The client agrees to pay fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client).
The date start for any yearly services is when an order is purchased & completed. Purchasers by any individual or organisation constitute acceptance of these terms and conditions.

2) No Respond Policy:

Berlime Solutions retains the right to void the purchase when the next payment or full payment is made from the client with no refund or replacement for any services that the client missed the payment.

3) Cookies

By visiting http://www.berlime.com and other links after it, you consent to the use of cookies in accordance with Berlime Solutions’ Privacy Policy Act. No personal information, data, details or any infringement will be log from our website.

4) Terms of Purchase

By clicking the payment button (Proceed Payment/Pay Now/Purchase Now/Purchase), entering your credit card information, making a PayPal payment, or otherwise enrolling, electronically, verbally, or otherwise, you (“the Client”) agree to be provided with products, programs, or services by Berlime Solutions, and you are entering into a legally binding agreement with Berlime Solutions, subject to the following terms and conditions:

Upon execution of this Agreement or Service Agreements, electronically, verbally, or otherwise, Berlime Solutions agrees to provide services in accordance with the Berlime Solutions Service Agreements.
The scope of services rendered by Berlime Solutions pursuant to this contract shall be solely limited to those contained therein and/or provided for on Berlime Solutions’ website as part of the Session.
Berlime Solutions reserves the right to substitute services equal to or comparable to the services for the Client if reasonably required by the prevailing circumstances.
The client agrees to be open, present and prepared to complete the work as a team together. The client is responsible for his/her own success and implementation of objectives met from Berlime Solutions
The client is aware that Berlime Solutions does not solve the lack of sales/visitors/traffic. The Client is to inform Berlime Solutions prior to working together.
Berlime Solutions services may include the following:

Email, SMS, Messenger or WhatsApp support with Berlime Solutions within the Service Agreement by written or verbal.

Services may include the client to work on marketing materials, copywriting, preparing images, design goals and other content materials by the client and not Berlime Solutions.

5) Disclaimer

By purchasing any service from Berlime Solutions, the Client acknowledges that Berlime Solutions is not an ICT solution or an IT department for the client’s entity. The Client acknowledges that Berlime Solutions is not an IT qualified to assess/excess/mend data outside of website creation, Berlime Solutions is not a substitute for advice from a qualified ICT, Marketing Agency, Marketing expert and does not warrant the accuracy of any information provided, is not liable for any losses the Client may suffer by relying on the Berlime Solutions’ advice.

By purchasing any service from Berlime Solutions, the Client acknowledges that the information provided during the support period is not intended nor implied to be a substitute for internal IT infrastructure. Berlime Solutions may provide the Client with information relating to products that Berlime Solutions believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. Some such products may not be available without a prescription, but Berlime Solutions does not dispense or prescribe any prescription products. Berlime Solutions is not responsible for any site crashes or consequences that may result, either directly or indirectly, from any information or Berlime Solutions.

7) Payment and refund policy

(a) Upon execution of this Agreement, the Client agrees to pay Berlime Solutions the full purchase amount by the commencement of the Client’s first purchase, payable amount will be advised/notified through e-mail upon purchase.

(b) Berlime Solutions does not offer refunds to ensure that clients are fully committed to Berlime Solutions services. If an unforeseen circumstance occurs that causes the client to quit the program, Berlime Solutions may decide to partially refund at her discretion.

(c) If the Client selects a payment plan option, the Client agrees to pay fees to Berlime Solutions according to the payment schedule set forth on Berlime Solutions’ website, or otherwise provided to the Client, and the payment plan selected by Client (the “Fee”).

(d) In the event the Client fails to make any of the payments within a payment plan during the time prescribed, Berlime Solutions has the right to immediately disallow participation by the Client until payment is paid in full, including termination of hosting/domain access to support and materials. If the Client does not commence with payment after three days, Berlime Solutions has the right to terminate the agreement.

8) Intellectual property rights

In respect of the documents specifically created for the Client as part of this Agreement, Berlime Solutions maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of Berlime Solutions to the Client, nor grant any right or license other than those stated in this Agreement.

9) Right to terminate

Berlime Solutions has the right to terminate the Agreement/Service at any time at her discretion and will provide the Client with a refund for any part of the program not completed that otherwise had been paid for in advance.

10) Good faith

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement/Service Agreement.

11) Disclaimer of warranty

The information, education, and support provided to the Client by Berlime Solutions under this Agreement/Service Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of the deal, course of performance or trade usage.

12) Limitation of liability

By using Berlime Solutions’ services, the Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. The Client agrees that Berlime Solutions will not be held liable for any damages of any kind resulting from or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Service. The Client agrees that the use of this Service is at the user’s own risk.

13) Dispute resolution

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the State Courts of Singapore. The Parties shall cooperate in exchanging and expediting discovery as part of the hearings process and shall cooperate with each other to ensure that the hearings process is completed within ninety (90) days. The written decision of magistrates (which will provide for the payment of costs, including lawyers’ fees) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

14) Governing law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore, regardless of the conflict of laws principles thereof.

15) Entire agreement

This Agreement/Service Agreements contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.

16) Confidentiality

Our relationship is completely confidential. I will not reveal the content of our coaching conversations or tell anyone you are my client. You are free to share whatever you choose from our sessions with whomever you choose.

All information disclosed within sessions and the written records pertaining to those sessions are confidential and may not be revealed to anyone without your (client’s) written permission, except where disclosure is required by law.

Where Disclosure is Required by Law

Some of the circumstances where disclosure is required by the Law are:

Where there is reasonable suspicion of child, dependent or elder abuse or neglect,
Where a client presents a danger to self, others, to property, or
Where a client is gravely disabled
Where Disclosure May Be Required
Abuse of Children and Vulnerable Adults
If a client states or suggests that he or she is abusing or has recently abused a child (or vulnerable adult), or a child (or vulnerable adult) is in danger of abuse, the Coach is required to report this information to the appropriate Social Service and/or legal authorities
Prenatal Exposure to Controlled Substances
Coaches are required to report admitted prenatal exposure to controlled substances that are potentially harmful
Court Report and Legal Issues
If the client tells the Coach that he or she has broken the law (e.g. stealing, break and entry, property damage, physical assault, etc.) and does not want others to know, the information will have to be reported to the relevant people and authorities. If a written request comes from the legal body, the information will also have to be released to them.
The Coach and the client shall not hold any videotaping and/or audio recording during any session without the prior consent of both parties.

Updated 29th of September 2021 by Berlime Solutions

This Website Maintenance Agreement (“Agreement”) is hereby entered into between you, your employees, and agents (collectively “Client”) and applies to the purchase of all monthly website maintenance services (hereinafter collectively referred to as “Maintenance Services”) ordered by Client.

Term and Termination

This Agreement shall be effective as of the time frame Client signs up for Maintenance Services. This Agreement may be terminated by either party upon 30 days written notice to the other if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by Berlime Solutions if (i) Client fails to pay any fees hereunder; or (ii)

if Client fails to cooperate with Berlime Solutions or hinders Berlime Solutions ability to perform the Maintenance Services hereunder.

Maintenance Services

Berlime Solutions agrees to provide Client with Maintenance Services as described in this Agreement. Maintenance Services include:

Updates to the Client’s content management system, including plugins and themes.*
Cloud backup of the website on a daily, weekly, or monthly basis, depending on the Maintenance Package purchased.*
Recovery of website files from backups.*
Uptime monitoring (if included in package purchased).*
Regular security scans (if included in package purchased).*
Updates to text, images, and other minor changes to the Client’s website pages.
The amount of time dedicated towards these tasks each month will be determined by the Maintenance Package purchased by the Client at the time of signup.
Any website support requests, above and beyond what is outlined in the package, or WordPress questions requiring a response by Berlime Solutions will count towards the monthly allotted time.
Maintenance Services does not use up the hours for, safe-updating plug-ins, chat support & front-end diagnos.

*These are tasks that are done throughout the month and will be detailed in your monthly report. Some items, such as updates, only occur when necessary and when we know the update is a stable version and it is okay to proceed.

Rates and charges (Updated Oct 2023)

When the maintenance service hours are fully utilized; S$35 per hour is chargeable thereafter.
For task outside our working hours & days will be multiplied by 1.5.

Malware, Spam, or Malicious Code

Removal of malware, spam, and malicious code from the Client’s website is available for an additional charge of S$75 per incident for clients who are on a maintenance plan at the time of infection.
Removal of malware, spam, and malicious code that is existing on a website when a Client signs up for a maintenance plan will be charged at a rate of S$175 for removal. This charge does not include working with Google or other search engines on your behalf to solve any issues your infection has caused you with their services.

Fees; Limitations on Refunds and Cancellation Fees

The Client agrees to pay Berlime Solutions any and all fee(s) as billed in accordance with this Agreement.
The fee(s) must be received prior to the start of any Maintenance Services. The client further agrees that, in the event of any termination of this agreement by client, no refunds shall be given under any circumstances whatsoever.
The client further agrees to pay upon cancellation any other amounts due to Berlime Solutions for work provided at client’s request above and beyond the monthly allotted time of the monthly agreement. Berlime Solution is hereby authorized to charge a client’s credit card account or other payment mechanism for any amounts owed from time to time by client to Berlime Solution.

Client Responsibilities

For the purposes of providing these services, Client agrees:

To answer any questions from Berlime Solutions, in regard to task work on the website, promptly.
To provide Berlime Solutions with access to its website for the purpose of providing Maintenance Services.
To properly convey to Berlime Solutions the information about content updates (if these are covered by the Maintenance Package).
To provide Berlime Solution access to their web hosting account, providing active user name/password combinations for access to the server via (S)FTP, assuring that correct permissions are in place on the hosting provider.

Client Acknowledgements

The client understands, acknowledges, and agrees that:

The client understands that all work for monthly maintenance tasks will be scheduled according to Berlime Solutions’ workflow. We have a process and maintain sites for many Clients, therefore all website updates work that counts towards your monthly time allowance are done on a first come first serve basis, except in the case of a total website down issue, which would be considered an “emergency.”
Failure by the Client to answer a question critical to completing a task within 5 business days may cause that task to be moved to the “end of the line” in our work queue. Depending on the time of the month, this could cause that task to roll over into the next month’s bucket of update requests.
The amount of time allocated for updates to text, images, and other minor changes, is determined by the Maintenance Package that they purchased and will be billed in fifteen (15) minute increments.
Once the time allocated in their Maintenance Package has been reached for the month, any unfinished tasks on the Client’s task list will be rolled into the next month for processing.
All monthly updates are scheduled at our convenience and in accordance with our schedule. We have a process and workflow that we use to maintain all of our clients’ websites fairly and orderly. The only exception being in the case of the Client’s website being totally offline or down for some reason, in which case their issue would be considered an ‘emergency’ and would take priority.
Should the Client wish to have additional tasks completed in the same month, they will be billed on an hourly basis of S$35 per hour.
The client understands that if they provide Berlime Solutions with a maintenance task and the task has been completed, then they wish to make changes to the task, any additional time to make these changes will count towards the monthly allowance of time.
Website updates exclude, but are not limited to, image editing, graphic design, graphic editing, database design, database changes, programming, and search engine optimization.
Website updates do not include website redesign, re-alignment, or re-development equalling more than 50% change to a web page, web graphics on the website (i.e. 4 graphics on a website, and you want 3 changes, there is a charge for anything above 2, meaning 50%).
CMS design and integration of plugins that require intensive configuration, or programming of things that require extensive time to set up, including but not limited to blogs, shopping carts, API integrations with third party services, and web forums are not considered “minor” changes and therefore are not included in the Maintenance Agreement. These require a separate design or development agreement.
The Maintenance Agreement does not include training on how to use your website, WordPress, or email, but we can provide training at additional cost.
Maintenance Agreement does not include training on search engine optimization (SEO) or other online digital marketing.
All communications will be done during regular business hours, which are Monday through Friday from 9:00 AM to 5:30 PM (GMT +8).
If the Client’s website is not hosted with Berlime Solutions, we have no control over the Client’s hosting company in regard to server downtime, incompatibilities with software, PHP compatibility issues, etc.
If the Client’s email accounts are not hosted with Berlime Solutions, we can’t be responsible for the Client’s email issues or troubleshooting problems on their own computer. Our role is to maintain and keep your website running at its optimal capabilities. We are not your IT team.
Berlime Solutions has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. Client’s website(s) may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity.
Unused time is not accumulative and does not transfer from month to month. Maintenance Services time is strictly month to month.
Berlime Solutions is not responsible for rewriting sentences, restructuring paragraphs, or checking for typing errors, misspellings, etc.
Berlime Solutions is not responsible for changes made to the client’s website(s) by other parties, including the client.
During the duration of this contract, the Client agrees that Berlime Studios will be the sole provider of maintenance services for the website, and no other party will have access to or rights to change the website’s code. If a party, including the Client, other than Berlime Solutions makes changes to the website’s code, any errors that are created must be repaired and will be charged at the hourly rate specified above.
Berlime Solution is not responsible for third-party plugins that may become unusable as a result of Maintenance Services performed.
Berlime Solutions will not repair the Client’s website(s) that became compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services.

Scheduling of Maintenance Tasks
Because of the nature of our business, we are juggling multiple maintenance clients, on top of several large web design projects, at any given time. Because time is at a premium, we don’t take on more clients than we can handle, however, scheduling is a priority for us. We schedule all work for the month in advance to maintain a workflow that is conducive for our business and for all of our clients. When we take on a maintenance Client they are given a set amount of time in our schedule for maintenance tasks that can be done each month that are counted towards their monthly time allotment. Please understand that the scheduling of these tasks is totally at the discretion of Berlime Solutions. The only time we put one Client’s tasks for another Client’s place in line is in the case of an emergency. Unless a website problem interrupts your business monetarily, for instance, an eCommerce site that goes down or has problems with checkouts, or it is totally down or offline, it is not considered an emergency. We will provide the amount of time you have contracted for each month towards updates, however, we do it in accordance with our schedule. This is the only way we can be fair to all of our clients.

Additional Services

Additional services not listed herein will be provided for a fee (S$15 per hour for development services and S$15 per hour for content updates). Search engine optimization (SEO), developing new content, or writing new copy for Clients are not included in Maintenance Packages.

Indemnification

The client shall indemnify and hold harmless Berlime Solutions (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by Berlime Solutions as a result of any claim, judgment, or adjudication against Berlime Solutions related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Client to Berlime Solutions (the “Client Content”), or (b) a claim that Berlime Solutions’ use of the Client Content infringes the intellectual property rights of a third party. To qualify for such defence and payment, Berlime Solutions must: (i) give Client prompt written notice of a claim; and (ii) allow Client to control, and fully cooperate with Client in, the defence and all related negotiations.

Disclaimer of All Other Warranties

Berlime Solutions does not warrant that the maintenance services will meet the client’s expectations or requirements. The entire risk as to the quality and performance is with the client. except as otherwise specified in this agreement, Berlime Solutions provides its services “as is” and without warranty of any kind. the parties agree that (a) the limited warranties set forth in this section are the sole and exclusive warranties provided by each party, and (b) each party disclaims all other warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, relating to this agreement, performance or inability to perform under this agreement, the content, and each party’s computing and distribution system. if any provision of this agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Limited Liability

In no event shall Berlime Solutions be liable to the client for any indirect, special, exemplary, or consequential damages, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance, lost profits, whether or not foreseeable or alleged to be based on breach of warranty, contract, negligence or strict liability, arising under this agreement, loss of data, or any performance under this agreement, even if such party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy provided herein. there shall be no refunds. Berlime Solutions makes no warranty of any kind, whether express or implied, with regard to any third party products, third party content or any software, equipment, or hardware obtained from third parties.

Client Representations

Client makes the following representations and warranties for the benefit of Berlime Solutions:

Client represents to Berlime Solutions and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Berlime Solutions are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Berlime Solutions and its subcontractors from any claim or suit arising from the use of such elements furnished by Client.

Client guarantees to Berlime Solutions and unconditionally guarantees that Client’s website has not been compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services.

Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Berlime Solutions for inclusion on the website above are owned by Client, or that Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Berlime Solutions and its subcontractors from any liability or suit arising from the use of such elements.

From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce.

Client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Berlime Solutions and its subcontractors from any claim, suit, penalty, tax, or tariff arising from Client’s exercise of Internet electronic commerce.

Confidentiality

The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information.

Proprietary or Confidential Information shall not include any information which:

(i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party;
(ii) was previously known to the receiving party or rightly received by the receiving party from a third party;
(iii) is independently developed by the receiving party; or
(iv) is subject to disclosure under a court order or other lawful processes.

The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, Berlime Solutions and Client acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.

Force Majeure

Neither party will be liable for or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.

Relationship of Parties

Berlime Solutions, in rendering performance under this Agreement, shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. The client does not undertake by this Agreement, or otherwise, to perform any obligation of Berlime Solutions, whether by regulation or contract. In no way is Berlime Solutions to be construed as the agent or to be acting as the agent of Client in any respect, any other provisions of this Agreement notwithstanding.

Notice
Any notice required to be given under this Agreement shall be in e-mail, WhatsApp and delivered personally to the other designated party, mailed by certified, registered mail, return receipt requested or by Royal Mail. Either party may change its address/contact details to which notice or payment is to be sent by written notice to the other under any provision of this paragraph.

Jurisdiction/Disputes

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the State Courts of Singapore. The Parties shall cooperate in exchanging and expediting discovery as part of the hearings process and shall cooperate with each other to ensure that the hearings process is completed within ninety (90) day. The written decision of magistrates (which will provide for the payment of costs, including lawyers’ fees) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore, regardless of the conflict of laws principles thereof.

Agreement Binding on Successors

The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.

Assignability

The client may not assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of Berlime Solutions. Berlime Solutions reserves the right to assign subcontractors as needed to this project to ensure on-time completion.

Severability

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

No Inference Against Author

No provision of this Agreement shall be interpreted against any Party because such Party or its legal representative drafted such provision.

Read and Understood

By purchasing a Maintenance Package, the Client acknowledges that they have read and understood this Agreement and agree to be bound by its terms and conditions.

Overview

This agreement overview shows that the service taken by the client of Berlime Solutions agrees to Berlime Solution’s terms & services of the project/service chosen.

Services:
Any website Care Plan maintenance package.

Hosting/Server

This “Host With Us” Maintenance Agreement (“Agreement”) is hereby entered into between you, your employees, and agents (collectively “the client”) and applies to the purchase of all “Host with us” services (hereinafter collectively referred to as “Host with us”) ordered by Client.

Term and Termination

This Agreement shall be effective as of the time frame Client signs up for “Host with us”. This Agreement may be terminated by either party upon 30 days’ e-notice to the other if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by Berlime Solutions if (i) Client fails to pay any fees hereunder; or (ii)

if Client fails to cooperate with Berlime Solutions or hinders Berlime Solutions ability to perform the Maintenance Services hereunder.

A reconnection fee of S$95 is required as hosting/domain instances need to be reconfigured and restored from the latest backup created. Content lost or changes shall not be held responsible for Berlime Solutions.

Berlime Solutions shall not be responsible or aid in any form if the client requires migration services when the client terminates the plan with Berlime Solutions. The other agency should hold responsible for migration services.

Hosting and Servers

Berlime Solutions agrees to provide Client with “Care Plan” as described in this Agreement. Care Plan includes:

Updates to the client’s hosting PHP versions, any database providers, including cache-plugins e-mail servers.*
Setting-up, managing, monitor client’s allocated hosting module/droplets*
Configuration between domain registrar, hosting, and front-end website*
Monitor usage/traffic bandwidth to provide data for future upscale*
Regular security scans (if included in package purchased).*
The amount of time dedicated towards these tasks each month will be included in any “Host with us” plans.
Berlime Solutions do not own any of the hosting providers, we will get the hosting from an established hosting company with reliable server up-time and updates that will disclose in this agreement and manage for the client.

Any website support requests, above and beyond what is outlined in the package, or WordPress questions requiring a response by Berlime Solutions will count towards the monthly allotted time.

*These are tasks that are done throughout the month and will be detailed in your monthly report. Some items, such as updates, only occur when necessary and when we know the update is a stable version and it is okay to proceed.

Description of “Care Plan” services

E-Mail Accounts: The E-Mail account provided is based on your domain name for example ([email protected]) as your e-mail address. These e-mail accounts are for communication purposes, basic uses and not account registrations for best practice. Any hinders on third-party accounts created by the client, Berlime Solutions will not be responsible. Depending on the Host with us plan the client chose, the client’s mail server may vary. E-mail accounts will be made unavailable if your domain has an existing mail server elsewhere.
SSD Storage: SSD storage is the amount of the maximum content your website will be able to hold. Give 20% of the storage for system files. Example (20% of 5 GB SSD Storage plan is 1GB, usable storage is 4GB) This is a good gauge to avoid overall slow performance website.
NVMe SSD Storage: A faster option of SSD storage for demanding website that has large photo/video contents, eCommerce or any application that requires a lot of requests from the front end to the hosting server. This increases overall website speed.
Managed Hosting: Berlime Solution will handle the basic hosting administrative tasks, including installing WordPress, automated daily backups, WordPress core updates, and server-level caching. Hosted on Berlime Solution’s shared hosting account.
Managed VPS Hosting: Managed VPS Hosting is another method of managed hosting that uses Virtual Private Hosting providers. Providers may vary according to your plan or add-ons and overall website needs.
Shared Hosting: The client’s website will be hosted by one server that consists of thousands of other websites with shared compute resources. This may slow down your website but perfect for less than 100 visitors at the same time.
Shared VPS Hosting: The client will get all of the benefits of having a VPS server, but we will manage the server for you including setting up configurations, patching cycles, and back-ups. Each server may share with Berlime Solution’s other clients. The number of other clients remains discreet.
Dedicated VPS Hosting: The client will get all of the benefits of having a VPS server, but we will manage the server for you including setting up configurations, patching cycles, and back-ups without anyone else on the server.

Hosting Providers Berlime Solutions Use

Hostinger: Berlime Solutions will deploy an instance within Berlime Solutions’ Hostinger account. Berlime Solutions will use Hostinger for Shared Hosting and as mail servers for all other plans. The mail server may vary. Only for the Basic plan and not higher than the basic plan.
Siteground: The client may have a complicated or complex network of websites. Berlime Solutions will use Siteground under Berlime Solutions’ account. This is a premium provider based on Google Cloud. A cloud hosting instance will be deployed and not shared hosting.
Contabo VPS: The client may benefit from the fast VPS server. Berlime Solutions may use Contabo VPS to store the client’s static website or fewer traffic websites. The client may benefit from this VPS if an add-on is purchased on the Basic plan.
Cloudways: For plans higher than Basic, Berlime Solutions will deploy an instance in one of our servers, depending on the client’s Host With Us plans. Cloud provider varies between Digital Ocean, Vultr, Linode.

Hosting Access

The client may not have access to the hosting admin panel; this prevents misclicks conducted by the client intentionally or intentionally which may result in breaking the client’s website.
However, the client may request a hosting admin panel tour via video-call conference to walk through & overview the client’s hosting instance under Berlime Solutions for clarification purposes. A S$45 fee is required for Berlime Solutions to host the tour. However, a snapshot can be requested for S$15 for hosting account specification lists.

Hosting uptime/downtime

From time to time, servers or hosting providers may face a technical downtime which results in the inaccessibility of the client’s website, despite the hosting provider position in the field. This usually is caused by nature elements, political disputes, wars, or unforeseen disasters in the provider’s data centres. Berlime Solutions will be held no responsible if the hosting provider is facing any downtime issues.

Fees; Limitations on Refunds and Cancellation Fees

The Client agrees to pay Berlime Solutions all fee(s) as billed under this Agreement.
The fee(s) must be received before the start of any Maintenance Services. The client further agrees that, in the event of any termination of this agreement by the client, no refunds shall be given under any circumstances whatsoever.
The client further agrees to pay upon cancellation any other amounts due to Berlime Solutions for work provided at the client’s request above and beyond the monthly allotted time of the monthly agreement. Berlime Solution is hereby authorized to charge a client’s credit card account or other payment mechanisms for any amounts owed from time to time by the client to Berlime Solution.

Client Responsibilities

To provide these services, the Client agrees:

To answer any questions from Berlime Solutions, regarding task work on the hosting provider, promptly.
To provide Berlime Solutions with access to its hosting to provide Host with our services.
To properly convey to Berlime Solutions the information about content updates.
To provide Berlime Solution access to their domain name registrar account, providing active user name/password combinations for access to the DNS setting assuring that correct configurations are in place on the hosting provider.

Client Acknowledgements

The client understands, acknowledges, and agrees that:

The client understands that all “Host with us” services will be obtained from an established hosting company and not owned by Berlime Solutions. We have a process and maintain hosting accounts for many Clients, therefore all hosting updates work that counts towards your monthly time allowance are done on a first come first serve basis, except in the case of a total website down issue, which would be considered an “emergency.”
The client understands that costs may rise to adapt with price changes by the hosting provider. The new cost will implement on the next billing if there is any.
The client understands that the client’s website may experience server changes to accommodate website demands like content space, traffic. Usually takes place when the client upgrades the “Host with us” plan,
The client understands that the client’s website may also experience server changes whenever Berlime Solutions changes hosting provider. This may occur due to the hosting provider’s current sustainability or reliability statuses.
The client understands that e-mail accounts may host on a separate server on the lowest compute resources.
If the Client’s email accounts are not hosted with Berlime Solutions, we can’t be responsible for the Client’s email issues or troubleshooting problems on their computer. Our role is to maintain and keep your host running at its optimal capabilities. Berlime Solutions are not your IT team.
The client understands that “Host with us” is not a maintenance service but to provide quality and reliable hosting providers to the client as an agent.
The “Host with us” Agreement does not include training on how to use the client’s hosting admin panel. The client may request and Berlime Solutions can provide training at an additional cost.
Website updates do not include website redesign, re-alignment, or re-development equalling more than 50% change to a web page, web graphics on the website (i.e. 4 graphics on a website, and you want 3 changes, there is a charge for anything above 2, meaning 50%).

Scheduling of Maintenance Tasks
Because of the nature of our business, we are juggling multiple maintenance clients, on top of several large web design projects, at any given time. Because time is at a premium, we don’t take on more clients than we can handle, however, scheduling is a priority for us. We schedule all work for the month in advance to maintain a workflow that is conducive for our business and all of our clients. When we take on a maintenance Client they are given a set amount of time in our schedule for maintenance tasks that can be done each month that are counted towards their monthly time allotment. Please understand that the scheduling of these tasks is totally at the discretion of Berlime Solutions. The only time we put one Client’s tasks for another Client’s place in line is in the case of an emergency. Unless a website problem interrupts your business monetarily, for instance, an eCommerce site that goes down or has problems with checkouts, or it is down or offline, it is not considered an emergency. We will provide the amount of time you have contracted for each month towards updates, however, we do it in accordance with our schedule. This is the only way we can be fair to all of our clients.

Additional Services

Indemnification

The client shall indemnify and hold harmless Berlime Solutions (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by Berlime Solutions as a result of any claim, judgment, or adjudication against Berlime Solutions related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Client to Berlime Solutions (the “Client Content”), or (b) a claim that Berlime Solutions’ use of the Client Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, Berlime Solutions must: (i) give Client prompt written notice of a claim; and (ii) allow Client to control, and fully cooperate with Client in, the defence and all related negotiations.

Disclaimer of All Other Warranties

Limited Liability

In no event shall Berlime Solutions be liable to the client for any indirect, special, exemplary, or consequential damages, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance, lost profits, whether or not foreseeable or alleged to be based on breach of warranty, contract, negligence or strict liability, arising under this agreement, loss of data, or any performance under this agreement, even if such party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy provided herein. there shall be no refunds. Berlime Solutions makes no warranty of any kind, whether express or implied, with regard to any third-party products, third-party content, or any software, equipment, or hardware obtained from third parties.

Client Representations

The client makes the following representations and warranties for the benefit of Berlime Solutions:

The client represents to Berlime Solutions and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Berlime Solutions are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Berlime Solutions and its subcontractors from any claim or suit arising from the use of such elements furnished by Client.
The client guarantees to Berlime Solutions and unconditionally guarantees that the Client’s website has not been compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services.
The client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Berlime Solutions for inclusion on the website above are owned by Client, or that Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Berlime Solutions and its subcontractors from any liability or suit arising from the use of such elements.

From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce.

The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Berlime Solutions and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet electronic commerce.

Confidentiality

Proprietary or Confidential Information shall not include any information which:

(i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party;
(ii) was previously known to the receiving party or rightly received by the receiving party from a third party;
(iii) is independently developed by the receiving party; or
(iv) is subject to disclosure under a court order or other lawful processes.

Force Majeure

Relationship of Parties

Notice
Any notice required to be given under this Agreement shall be in e-mail, WhatsApp, and delivered personally to the other designated party. Either party may change its address/contact details to which notice or payment is to be sent by e-notice to the other under any provision of this paragraph.

Jurisdiction/Disputes

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore, regardless of the conflict of laws principles thereof.

Agreement Binding on Successors

The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors, and assigns.

Assignability

The client may not assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of Berlime Solutions Berlime Solutions reserves the right to assign subcontractors as needed to this project to ensure on-time completion.

Severability

If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision, and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

No Inference Against Author

No provision of this Agreement shall be interpreted against any Party because such Party or its legal representative drafted such provision.

Read and Understood

By purchasing the “Host with us” plan(s), the Client acknowledges that they have read and understood this Agreement and agree to be bound by its terms and conditions.

Conclusion

This agreement overview shows that the service taken by the client of Berlime Solutions agrees to Berlime Solutions’ terms & services of the project/service chosen. Berlime Solutions reserves the right to change the agreement without prior notice. The client may visit http://www.berlime.com/tc log for agreement updates.

Services: Any Care Plan maintenance pacakges.