Hosting

1.1 Overview – Pure Bold uses Third Party Platforms to provide hosting services for websites and applications and operates multiple shared and dedicated hosting servers providing web hosting services. Pure Bold uses multiple data centres to provide network infrastructure and server hardware leases and are not responsible for the data centre’s network, equipment or server hardware. Pure Bold’s role is to manage the resources required to maintain optimal performance of the website and make recommendations as and when more resources are needed to ensure continued optimal performance.
1.2 Site Access. Pure Bold will provide to the Client a secure connection method such as but not limited to SFTP to enable the Client to access their site pages, files, database, and content, however, admin access to the website or server level for configuration is prohibited unless expressly agreed and provisioned for in the applicable Quote and Order Terms.

1.3 As Is Usage. All services and servers are provided “as is”. We do not warrant that the Services will be uninterrupted, error-free, or 100% secure. The Client acknowledges that there are risks inherent in Internet connectivity that could result in the loss of your privacy, Confidential Information and property.

In cases where additional Third party software/scripts are installed on the server at the request of a Client, Pure Bold will not be held liable for the stability and reliability of that installed software component.

The Client is responsible for understanding the regulatory requirements applicable to your business and for selecting and using those Services in a manner that complies with the applicable requirements.

(a) Domain Names. If requested by the Client, Pure Bold shall at its expense cooperate with registering the domain name with a domain registrar. The Client will own all right, title and interest in the domain name and its intellectual property related.  Unless otherwise stated, Pure Bold will be listed as the administrative, technical and billing contact. All costs associated with this purchase will be invoiced to the Client.

(b) Site Backup.  The Client shall be responsible for maintaining their own backup of their website/s and all relevant web site files, content and data. Pure Bold will also maintain a daily backup of all files, data and content pertaining to the site for the strict purposes of disaster recovery.

In the event that the web site content and database is required to be restored from Pure Bold’s backup as a result of an action related to the Client or its Permitted Users, then all costs associated with this restore will be charged to the Client. A cost will be provided to the Client and must be agreed to in writing before the restore work commences.

(c) Disk Space allocation. Your website and application will be provided with Pure Bold’s standard hosting package. In the case that you require more than the allocated disk space Pure Bold reserves the right to increase the allocation and charge additional fees based on the new level of usage required.

(d) Up-time Guarantee. Pure Bold expressly does not guarantee 100% server uptime. We do not warrant that the Services provided under this agreement will be uninterrupted or error free or that the Services will meet your requirements, other than as set out in this agreement.

  1. Servers and systems must be brought down (offline) at times for routine maintenance and upgrades to ensure that Client’s website will run and perform optimally. However, Pure Bold strives to keep such service interruptions to a minimum, and, if possible, to give Client advance notice of scheduled maintenance routines.
  2. Any damages incurred by the Client due to disruption of service by Pure Bold or its providers shall be expressly limited to the fees paid by the Client to the affected portion of services and shall under no circumstances include reimbursement for losses of income or other consequential damages claimed by the Client.

(e) Maintenance. From time to time, we must perform scheduled maintenance to our servers. We will attempt to perform all scheduled maintenance at times which will affect the least amount of customers. If scheduled maintenance requires the service to be offline for more than 30 minutes, 48 hours notice will be given to the contact email address nominated by the Client as being the primary point of contact.
(i) Unscheduled maintenance may need to be performed. If unscheduled maintenance leaves our service offline for more than 30 minutes, we will publish details of the event on our website forum after the maintenance has been completed.

(f) Server support. We will provide Support only to the Client’s administrative or technical contacts listed on your account. We will not provide support directly to your end users or Third Party service providers unless specifically agreed in writing.

DATA

1.1 Authorisation. Pure Bold uses third party platforms and applications to collate aggregated or individualized Client Data used for analysis, reporting, testing and targeting, to improve the Solutions and to inform Marketing Services. The Client authorizes Pure Bold to access such Third Party Platforms, and to retrieve, use and share Third Party Data and Client Data, as permitted in this Agreement. Pure Bold may make available functionality that enables the Client to access its own accounts on Third Party Platforms through the Solutions at its sole discretion. Each of the Client and Pure Bold is responsible for its own compliance with the applicable terms between such party and a Third Party Platform.

1.2 Rights in Solutions Data; Right to Use Solutions Data. As between the parties, Client shall retain all right, title, and interest (including any and all intellectual property rights) in the Client Data, and Pure Bold claims no right, title or interest in Client’s Third Party Data. Subject to the terms of this Agreement, the Client hereby grants to Pure Bold a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of, and perform and display in Client’s Account the Solutions Data solely to the extent necessary to provide the Solutions to Client. Further, Pure Bold may periodically access Client’s Account and Solutions Data to improve, support, and operate the Solutions (e.g., for quality assurance, benchmarking, technical support, or billing purposes).

“Third Party Platform” means a third party platform, website, or service (i) from which the Solutions enable retrieval of Third Party Data or (ii) with which Solutions Data may be shared.

1.3 Prohibited Data. The Solutions are not designed for the collection or processing of Prohibited Data. The Client will not configure, collect, upload, retrieve, transmit, store, analyze, create, or deliver Prohibited Data and will not otherwise provide Prohibited Data to Pure Bold. The Client acknowledges that Pure Bold is not a Business Associate or subcontractor and notwithstanding anything to the contrary herein, Pure Bold shall have no liability under this Agreement for Prohibited Data.

1.4 Responsibility for content and use of Solutions Data. The Client is solely responsible for the accuracy, and legality of all content, published on the website and applications. The Client shall ensure that Client’s use of the Solutions and all Solutions Data is at all times compliant with Pure Bold’s and any applicable Third Party Platform’s privacy policies and all Laws governing data tracking across sites. The Client shall obtain all third party licenses, rights, clearances, consents and approvals that may be required for Client (and Pure Bold on behalf of Client) to collect and use any content and Data and represents and warrants that such collection and use will not violate any Laws or any intellectual property, publicity, privacy, or other rights of any third party.

SECURITY

1.1 Solutions Security – Pure Bold agrees to use commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration, or disclosure of the Client Data). Pure Bold shall have no responsibility for errors in transmission, unauthorized third-party access, or other causes beyond Pure Bold’s control. Further, notwithstanding anything to the contrary herein, Pure Bold is not responsible in any way for Solutions Data after such Solutions Data is transmitted, copied, extracted, or removed from Pure Bold’s servers by Client or a Third Party Platform.

UNAUTHORISED ACCESS TO YOUR DATA OR USE OF THE SERVICES

Pure Bold is not responsible to the Client or any third party for unauthorised access to your data or the unauthorised use of the Services. You are responsible for the use of the Services by any employee of yours, any person you authorise to use the Services, any person to whom you have given access to the Services, and any person who gains access to your data or the Services as a result of your failure to use reasonable security precautions, even if such use was not authorised by you.

SUSPENSION OF SERVICES

Pure Bold reserves the right to immediately disable and/or subsequently remove Client websites that are the target of DDoS, hacking or any other sort of malicious attack.

  1. We may suspend Services without liability if:
  2. we reasonably believe that the Services are being used in breach of the Agreement;
  3. you don’t cooperate with our reasonable investigation of any suspected violation of the Agreement;
  4. there is an attack on your Website or application or your Website or application is accessed or manipulated by a third party without your consent;
  5. we are required by law or a regulatory or government body to suspend your Services; or
  6. there is another event for which we reasonably believe that the suspension of Services is necessary to protect the Pure Bold network or our other customers.

We will give you advance notice of a suspension under this clause of at least twelve (12) Business Hours unless we determine in our reasonable commercial judgment that a suspension on shorter or contemporaneous notice is necessary to protect Pure Bold or its other customers from imminent and significant operational, legal, or security risk. If your Website or application is compromised, then you must address the vulnerability prior to Pure Bold placing the Website or application back in service or, at your request, we may be able to perform this work for you at our standard hourly rates as a Supplementary Service.

DISCLAIMER

  1. We disclaim any and all warranties not expressly stated in the Agreement to the maximum extent permitted by law, including the implied warranties relating to satisfactory quality and fitness for a particular purpose. You are solely responsible for the suitability of the services chosen. Any services that we are not contractually obligated to provide but that we may perform for you at your request and without any additional charge are provided on an ‘as is’ basis.
  2. We do not have direct knowledge of the data you store within your Hosted System, including the quantity, value or use of the data. You are therefore responsible to take all reasonable steps to mitigate the risks inherent in the provision of the Services, including loss of your data, including any PII or “cardholder data” as that term is defined in the Payment Card Industry-Data Security Standard.