Mosaic Group Terms of Service
By purchasing a Mosaic Group services (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Mosaic Group reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.mosaicteam.com/terms.php
Violation of any of the terms below will result in the termination of your Account. While Mosaic Group, LLC prohibits such conduct and Content on the Service, you understand and agree that Mosaic Group, LLC cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Account Terms
- You must be 18 years or older to use this Service.
- You must be a human or other legal entity, such as an LLC or Corporation. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- One person or legal entity can use each membership – a single account shared by multiple people or legal entities is not permitted.
- Multiple people within your organization may have access to your account and you may request separate logins for as many people as you would like.
- You are responsible for maintaining the security of your membership and or hosting account and password. Mosaic Group, LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Prepaid Hours, Upgrading and Downgrading Terms
- A valid credit card is required for Mosaic Membership accounts. Non-Members are not required to provide a credit card number.
- Mosaic Group accepts payment by Credit Card (Visa, MasterCard, American Express, and by personal check. In addition, Mosaic Group may from time to time allow additional forms of payment however the offering of a particular form of payment does not obligate Mosaic Group to continue to offer that form of payment in the future. The current list of payment options will be displayed during the order process. If you have any questions concerning the current available payment options call 1.480.445.9108.
- Memberships, service contracts and hosting are billed in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- Mosaic Group reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not effect the then existing rights and responsibilities of each party
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- Set-Up Fee – This is a one time fee may that be charged in connection with the establishment of a new account.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Mosaic Group, LLC does not accept any liability for such loss.
- An on-site travel fee will be charged in the amount of one (1) hour for any service that requires Mosaic Group, LLC or any of its partners, contractors, or employees to travel to a customer location. This fee will be charged in addition to the normal rate charged for time spent on-site, and this fee will be limited to one hour per day, per location.
- All prepaid service contract hours are valid for the current billing period.
- Service hours are billied in minimum 15 minute increments.
Cancellation and Termination
- You are solely responsible for properly canceling your account. You can cancel your account at any time by logging on to your Mosaic Group member account and submitting a support ticket with “cancel” in the subject line.
- Mosaic Group will verify your request to cancel by phone.
- All of your content will be immediately deleted from the service upon cancellation. This information cannot be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- If canceling a support agreement you may be charged an early cancelation fee up to 50% of the remaining balance of your contract
- Mosaic Group, LLC, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Mosaic Group, LLC service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Mosaic Group, LLC reserves the right to refuse service to anyone for any reason at any time.
Web Hosting Service
- For the term of the agreement as set forth herein Mosaic Group agrees to provide Web Hosting Services according the plan selected by you upon activation of your account. Mosaic Group reserves the right to change, amend and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. The specifics of any particular offer are contained within the offer itself as published on the Mosaic Group website at the time you create your account and remain in effect throughout the term of your agreement. The specifics of all current offers are located within the Mosaic Group Website located at www.mosaicteam.com. Web Hosting Services shall be defined as server space and data transfer allowances for the purposes of displaying a business or personal website.
Service Level Agreement
Guarantee:
Upon submitting a request for service, the client shall specify whether the request is to be expedited. All requests not so designated in writing shall be treated as standard priority. In the event that the Client does not receive a response within the guaranteed response times as listed below, the Consultant will apply an additional 5% discount to services requested in the original support ticket. This discount shall apply only to work requested in the original ticket as submitted by the Client and not responded to by the Consultant within the guaranteed response times. The Consultant's business days shall be defined as between the hours of 9:00am and 5:00pm MST, Monday through Friday, excluding nationally recognized holidays.
Standard Request
Response time: Two business days
Scheduling Priority: Normal Priority
Availability: Mon.-Fri. 9:00AM - 5:00PM MST (excluding holidays)
Rate: Contract Rate (see Payment Schedule)
Expedited Request
Response Time: Call back within 4 business hours or less
Scheduling Priority: High Priority
Availability: Mon.-Fri. 9:00AM - 5:00PM MST (excluding holidays)
Rate: Contract Rate x 1.5 (see Payment Schedule)
Expedited Request After Hours
Response Time: Call back within 8 hours or less
Scheduling Priority: High Priority
Availability: Mon-Fri 5:00PM – 9:00AM MST and holidays
Rate: Contract Rate x 2 (see Payment Schedule)
Client duties:
Client agrees to submit all requests in writing and to cooperate with Consultant's reasonable requests with respect to the scheduling and performance of the work and to pay Consultant for Consultant's Work as set forth in Exhibit A.
Text Changes
- Mosaic Group membership includes a limited number of minor website changes each month.
- Minor changes are defined as changes to existing content and layout.
- Changes that involve changes to graphics, programming, database or significant changes in layout would not be considered minor and may be billable.
- Mosaic will notify the member prior to starting any billable work.
Modifications to the Service and Prices
- Mosaic Group, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Mosaic Group Site (www.mosaicteam.com) or by email notification.
- Mosaic Group, LLC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you post to your web hosting account. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and your Content.
- Mosaic Group, LLC does not pre-screen Content, but Mosaic Group, LLC and its employees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is deemed illegal or inappropriate.
General Conditions
- Your use of web hosting is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying Mosaic Group members and is only available via email or by phone through the call back ticketing system.
- You understand that Mosaic Group, LLC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated Mosaic Group, LLC, or any other Mosaic Group, LLC service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Mosaic Group, LLC.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Mosaic Group, LLC customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of your web site content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds your data transfer limit, or significantly exceeds the average bandwidth usage (as determined solely by Mosaic Group, LLC) of other members, we reserve the right to immediately disable your account or throttle your web hosting account until you can reduce your bandwidth consumption.
- Mosaic Group, LLC does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Mosaic Group, LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Mosaic Group, LLC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Mosaic Group, LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Mosaic Group, LLC and govern your use of the Service, superseding any prior agreements between you and Mosaic Group, LLC (including, but not limited to, any prior versions of the Terms of Service).
- This contract will be governed by the laws of the State of Arizona, and any disputes shall be resolved within the state of Arizona.
- Questions about the Terms of Service should be sent to operations@mosaicteam.com