Terms & Conditions of Service

The use of services from Stuttgart Phone & Computer; stuttgartpc.com, [hereafter referred to as “SPC”, “OUR”, “WE”, or “US” and so forth], formerly known as Josh’s Web Services (for website management customers) constituetes agreement to these terms:

1. Customer Accounts & Walk-in Services: We reserve the right to refuse service to anyone for any reason. We reserve the right to cancel an ongoing service at any time for any reason.

2. Customer Transfers (Website Management): Our team will make every effort to transfer your website/email in or out of our network. This service may be provided as a courtsey or with a fee. Compatibilites are not guaranteed.

3. Forms of Payment: We accept cash, money order, credit cards, and some forms of checks as payment for services. We reserve the right to deny certain checks or questionable payment options. The primary payor is established as the account owner unless otherwise stated in writing during an account setup.

4. Third-Party Providers: All transactions with third-party providers are soley between the visitor/customer and the individual provider. SPC is not the agent, representative, or trustee or fiduciary of you or the third party provider in any transaction.

We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or
services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant
the accuracy or completeness of any information regarding third party providers.

5. Content: All services provided by SPC may only be used for lawful purposes. The laws of the State of Arkansas, any state in conjunction with our services, local laws, and laws of the United States of America shall govern all use of our services. Any unlawful use of our services will be reported to the proper authorities.

The customer agrees to idemnify and hold harmless SPC from any and all claims resulting from the use of our services. SPC will not be liable or responsible for any miss-use of our services.

Use of our services to infringe upon any copyrights or trademarks are strictly prohibited. Any found or reported copyright infrigement to us from the copyright owner or proper authorities will be removed immediately. The customer agrees to assume full responsibility for any fines, warnings, violations, etc.

6. Zero-Tolerance Spam Policy (Website Mangement): We do not allow or condone spamming from our network servers. If your account is found spamming, you will be suspended, fined, or terminated.

7. Payment for Products or Services: The customer agrees to supply appropriate payment for any products or services received from SPC, advanced in most cases, for the time period in which such services are provided. Tangible item sales always require pre-payment.

The customer agrees to provide legal, legible, and current forms of payment for any product or service received from SPC.

The customer agrees to cancel any provided website management service or any other service rendered by SPC in writing prior to the renewal date of such service. The customer is responsible to pay for any service rendered at any time for any reason even if a cancellation notice is not received. Any cancellation notice should be confirmed of receipt by the customer from SPC in writing. If no such confirmation of cancellation is received to the customer, the customer should reach out to SPC to make sure such notice was received.

Refund Policy: SPC will not refund any time-consumable service at any time for any reason. Once we spend time working on a project and receive payment, that payment is final. All sales and services are final, at all times, for any and all reason, unless otherwise stated in writing. Tangible products sold in our physical or online store(s) are final and non-refundable for any reason unless otherwise stated in writing. An exception may be an unopened and in original condition product as sold that is tangible within our dated return policy stated at the time of sale. If no return policy date is given on a receipt this policy will be governed automaticlly by our no-return policy. Any violation of any of our policies will waive any refund policy.

Late Fees: SPC reserves the right to administer late fees for any past due invoices generated and sent to the customer. A 15 day grace period (less any national holidays) from the mailing timestamp shall govern this policy unless otherwise stated on the invoice document.

Domain Names: A customer-managed domain name registration is the sole responsibility of the customer. A SPC managed domain name is the responsibility of SPC. SPC reserves the right to not renew a domain name for any reason. The customer agrees to hold harmless SPC for any failure to renew a domain name for any reason. The customer agrees to send any reminders in writing to SPC for an SPC managed domain name renewal. In most cases, domain names are on an auto-renew service. SPC can never be held liabile or responsible for failure to renew any domain name for any reason.

8. Backups & Data Loss: SPC will make any and all efforts to provide multiple data backups for website management customers. The customer agrees to hold harmless from any and all liabilities for any loss of data for any reason. Accidents happen. Stuff happens. We will respect your data integrities to our best ability but data backup and recovery services are never 100% guaranteed by SPC for any and all reason(s).

Electronic Device Repair: The customer agrees before bringing their device in for service to run any backups possible. Data and backups loss or recovery is not the responsbility of SPC. The customer agrees to hold harmless SPC for any and all liability of data on any device for any reason whether for device repair, observance, etc. BACKUP YOUR DATA when possible!

9. Resource Usage (Website Management): Customers may not use more resources than allocated or provided by our network and/or data center. If your website requires more resources we will provide you the option to upgrade your service or your current service may be surpressed to remain in compliance with your chosen package. This includes but is not limited to: Web Space/Storage, Bandwidth, Email Transactions, Inodes, Backups, etc.

11. Uptime Guarantee: SPC offers a 99.9% uptime guarantee for our network and servers. However, SPC cannot be liable or resposible for any downtime for any reason at any time. The customer agrees to release SPC from any and all liabilities or losses for any reason when using our services.

12. Price Changes: SPC reserves the right to change pricing for any product and/or service for any reason at any time. We reserve the right to not refund or make any price adjustments after a sale is completed. All sales are final. We do not price match or discount previous sales for any reason at any time for any product or service we provide.

13. Staff Abuse: Any form of abuse to our staff will not be tolerated. We reserve the right to deny service to anyone for any reason. Any abuse received that violates local, state, or national laws shall be reported to the proper authorities.

IDEMNIFICATION, ARBITRATION, AND DISCLAIMER:

The customer agrees that they shall defend, indemnify, save and hold SPC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against SPC, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SPC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SPC; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from SPC’s server.

By using any SPC service, you agree to submit to binding arbitration. If any disputes or claims arise against SPC or its subsidiaries, such disputes will be handled by an arbitrator of SPC’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the State of Arkansas and/or any state in conjunction with our product(s)/service(s). Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

SPC shall not be responsible for any damages your business may suffer. SPC makes no warranties of any kind, expressed or implied for services we provide. SPC disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by SPC and its employees.

a) SPC cannot guarantee the reliablility, performance, and/or uptime of third-party services/applications in use providing you service. These services include but are not limited to: paypal, google, facebook, youtube, twitter, eMarketing, and so forth.

b) SPC cannot guarantee search engine rankings and performance; various factors will determine search engine rankings among sites such as but not limited to: google, yahoo, bing, and so forth.

DISCLOSURE TO LAW ENFORCEMENT: 

SPC may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

CHANGES TO THESE TERMS OF SERVICES:

SPC reserves the right to revise its policies at any time for any reason without notice.

IN CLOSING:

The customer agrees to indemnify and hold harmless SPC from any claims and/or liabilities resulting from the use of our products or services. SPC will not be responsible for loss of data, profit, services, downtime, and/or any tangible and/or non-tangible service or product. By using products or services provided by SPC you agree to release SPC from any and all liabilities and/or claims and you agree to use our products or services at your own risk.

This document is considered “living” and may change at any time without notice. The user/customer agrees to visit this page periodically to view any changes. SPC will not report any changes to this document to any user or customer at any time.

Questions / Comments? Write to:

Stuttgart Phone & Computer
2001 South Main St. Suite B
Stuttgart, AR 72160
Contact Page