Between: Creatives Guild USA LLC and You (the customer)
Scope of Hosting Services
This agreement outlines the terms under which MissioPro, a Creatives Guild USA LLC service, provides managed WordPress hosting services. Our offering includes optimized server configurations, automatic updates, security layers, backups, performance tuning, and support. Clients are responsible for the content, legality, and functionality of their own website.
WEB HOSTING SERVICES AGREEMENT
This Web Hosting Services Agreement (the “Agreement”) is entered into by and between Creatives Guild USA LLC (“Provider”) the undersigned customer (“Customer”) who has subscribed to Provider’s hosting services.
1. SERVICES
1.1 Hosting Services
Provider agrees to host one (1) web application per hosting plan on its servers and to make such application accessible via the Internet, subject to the terms and conditions of this Agreement.
1.2 Application Types
Provider supports various applications including but not limited to WordPress, Moodle, Laravel, Custom PHP, and others as specified in the service order.
1.3 Speed and Security
Provider will make commercially reasonable efforts to prioritize speed and security for Customer’s hosted application.
1.4 Backups
Provider will perform backups of Customer’s hosted content according to the frequency and retention period specified in the Service Addendum attached to this Agreement.
1.5 Uptime
Provider will use commercially reasonable efforts to maintain 99.8% uptime for the hosted application. Uptime excludes scheduled maintenance windows, which will be communicated to Customer in advance whenever possible.
1.6 Service Credits
If Provider fails to meet the uptime commitment in any calendar month, Customer may request service credits by contacting
[email protected] within 30 days of the end of the affected month. Credits will be applied to future service periods.
1.7 Server Access
Customer will not be provided with direct access to the server. Any server configuration changes, backup restores, or server-side tweaks must be performed by Provider’s team.
2. TERM AND PAYMENT
2.1 Subscription Terms
Services are provided on either a monthly or annual subscription basis, as specified by Provider in the Service Addendum attached to this Agreement.
2.2 Payment Terms
Payment terms, including whether payment is due in advance or in arrears, are specified in the Service Addendum. All invoices are due within seven (7) days of issue regardless of other payment terms.
2.3 Automatic Renewal
This Agreement will automatically renew for subsequent periods equal to the initial term unless Customer provides written notice of cancellation at least thirty (30) days before the renewal date for annual subscriptions or seven (7) days before the renewal date for monthly subscriptions.
2.4 Late Payment
A grace period of seven (7) days will be granted for late payments. After the grace period, a late fee of 10% of the outstanding amount may be assessed. If payment remains outstanding for thirty (30) days, Provider reserves the right to terminate services and delete all Customer content without further notice.
2.5 Price Adjustments
Provider reserves the right to adjust service fees by providing written notice to Customer at least sixty (60) days before renewal for annual plans or fourteen (14) days before renewal for monthly plans. Such price adjustments will become effective upon the next renewal period and do not require the issuance of a new agreement or addendum.
3. USAGE LIMITATIONS
3.1 Resource Allocation
Customer’s resource allocations, including storage and bandwidth, are specified in the Service Addendum attached to this Agreement.
3.2 Resource Usage
Provider reserves the right to suspend services if Customer’s application consumes excessive system resources that adversely affect other customers.
3.3 Cloudflare Access Requirement
The server can only be accessed through Cloudflare’s proxy services. Customer may either connect their domain(s) to Provider’s Cloudflare account for management or to Customer’s own Cloudflare account. Provider’s firewall will not allow traffic outside of Cloudflare’s proxy.
4. CUSTOMER RESPONSIBILITIES
4.1 Content
Customer is solely responsible for the development, operation, maintenance, and content of their hosted application.
4.2 Prohibited Content and Activities
Customer shall not use the services to host, display, upload, modify, publish, transmit, update, distribute, or share any information or material that:
a) Is illegal under the laws of the European Union, United States, South Korea, or South Africa (depending on server location);
b) Is designed for sending unsolicited commercial communications (spam);
c) Contains adult content or pornography;
d) Promotes gambling activities;
e) Contains malicious code or is intended to damage or gain unauthorized access to systems or data;
f) Facilitates phishing or other scam activities;
g) Infringes on intellectual property rights of third parties;
h) Is designed to launch denial-of-service attacks or other disruptive activities;
i) Consumes excessive resources that negatively impact other customers; or
j) Otherwise violates the terms of this Agreement.
4.3 Compliance with Laws
Customer agrees to comply with all applicable local, state, national, and international laws and regulations in connection with using the services.
5. DATA PRIVACY AND CONFIDENTIALITY
5.1 Data Protection
Provider will implement reasonable security measures to protect Customer data stored on Provider’s servers.
5.2 Data Access
Provider may access Customer’s data solely as necessary to provide the services, troubleshoot technical issues, or comply with applicable laws.
5.3 Data Retention
Upon termination of services, Provider will retain Customer data for a period of seven (7) days, after which all data will be permanently deleted.
5.4 Confidentiality
Provider agrees to maintain the confidentiality of Customer’s sensitive information and will not disclose such information to third parties except as required by law or as necessary to provide the services.
6. SUPPORT AND MAINTENANCE
6.1 Support Requests
Customer may request support, including backup restores, by emailing
[email protected].
6.2 Scheduled Maintenance
Provider will make reasonable efforts to provide advance notice of scheduled maintenance that may affect Customer’s hosted application.
7. WARRANTIES AND LIMITATION OF LIABILITY
7.1 No Warranties
THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
7.2 Limitation of Liability
IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR DATA USE, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.3 Maximum Liability
PROVIDER’S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER TO PROVIDER UNDER THIS AGREEMENT FOR THE MOST RECENT THREE (3) MONTH PERIOD.
8. INDEMNIFICATION
8.1 Customer Indemnification
Customer agrees to indemnify, defend, and hold harmless Provider, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings, and expenses (including reasonable attorney fees) arising out of or related to:
a) Customer’s use of the services;
b) Any violation of this Agreement by Customer;
c) Any content hosted on Customer’s application; or
d) Customer’s violation of any third-party rights or laws.
9. TERMINATION
9.1 Termination by Customer
Customer may terminate this Agreement by providing written notice to Provider at
[email protected] or Customer’s account manager at least thirty (30) days before the renewal date for annual subscriptions or seven (7) days before the renewal date for monthly subscriptions.
9.2 Termination by Provider
Provider may terminate this Agreement immediately without notice if Customer materially breaches any provision of this Agreement, including but not limited to non-payment or violation of the prohibited content provisions.
9.3 Effect of Termination
Upon termination of this Agreement for any reason, Provider will cease providing the services and may delete all Customer content and data after thirty (30) days.
10. GENERAL PROVISIONS
10.1 Governing Law
This Agreement shall be governed by the laws of the State of Florida, and the parties submit to the exclusive jurisdiction of the courts in Orlando, Florida.
10.2 Force Majeure
Neither party shall be liable for any failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control.
10.3 Assignment
Customer may not assign this Agreement without Provider’s prior written consent. Provider may assign this Agreement to an affiliate or successor.
10.4 Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether written or oral.
10.5 Amendments
Provider reserves the right to modify this Agreement at any time by posting the revised Agreement on its website. Customer’s continued use of the services after such modifications constitutes acceptance of the modified Agreement.
10.6 Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
10.7 Notices
All notices must be in writing and shall be deemed given when delivered personally, sent by confirmed email, or sent by certified or registered mail, return receipt requested, to the address specified by the recipient.
10.8 Addenda
Any addenda attached to this Agreement, including but not limited to the Service Addendum, are incorporated by reference and form an integral part of this Agreement. All terms in the Service Addendum are pre-determined by Provider and presented to Customer for review and acceptance. Customer’s signature on the Service Addendum constitutes acceptance of both the Addendum and this Agreement.
By using Provider’s hosting services, Customer acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement.
Last Updated: 9/11/2025
Contact:
[email protected]
