PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Website Transfer Service Agreement (“Agreement”) is entered into by and between GoDaddy.com, LLC, a Delaware limited liability company ("Go Daddy") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Go Daddy’s Website Transfer Services (“Service(s)” or “Design(s)”), and represents the entire agreement between you and Go Daddy concerning the subject matter hereof.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with Go Daddy’s Universal Terms of Service Agreement, which is incorporated herein by this reference.
The terms “we”, “us” or “our” shall refer to Go Daddy. The terms “you” and “your” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, except where specifically granted herein.
We may, in our sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not continue to use this Site or the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
2. DESCRIPTION OF SERVICES
Our Service is designed to provide migration of the following eligible website to a new or different Go Daddy web hosting account: one single website, either WordPress or static HTML, from one (1) single source web hosting server/provider, no more than one hosted domain name, no more than one database, no more than five gigabytes of conent.
- Request and obtain your hosting FTP username and password
- Access your current hosting account, perform a copy and/or backup process of your website, and transfer your content to the new or different Go Daddy hosting account
- Set-up website directories, files and content, reconfigure the website application, and re-connect the database (if applicable)
- Verify your content exists in the new or different Go Daddy hosting account
- Provide you with instructions to test, verify and approve the operating functionality of your migrated website
- Schedule and perform the final source-to-destination server transition, referred to as the 'go-live' event
TESTING PROCESS AND 'GO-LIVE' EVENT
When we complete our initial migration and configuration of your website, we will provide you with step-by-step instructions to begin your testing. Your testing should commence no later than 24 hours from the time we provide you the testing instructions, in order to avoid unnecessary delays and/or compromise to the migration project schedule.
You must promptly and thoroughly test every function of your migrated services, and report any and all errors to us that you may discover during testing. When reporting errors, include instructions to demonstrate how the error can be reproduced. Visual examples (such as screen shots) will help expedite our troubleshooting and error resolution tasks. If we are required to resolve any errors, additional time and service fees may apply.
IMPORTANT: Should you fail in any way to promptly and thoroughly complete your migration testing responsibilities, we cannot promise to complete the migration in a timely manner. Any testing and/or error reporting delays caused by you may require us to perform a complete re-migration, which will result in additional fees you must pay us.
When your testing is complete and any/all reported errors have been verified by you to be resolved, we will post clear instructions and options for us to perform the 'go-live' event. The go-live event may include the synchronization of your database, as applicable. If we are required to sync your database, we will place a temporary 'maintenance page' on your live website domain during the data sync to temporarily suspend ‘live’ services and reduce risk of data loss.
The final step of the go-live process is to point DNS for your website to the new destination server, after which DNS propagation must occur to complete the migration. We cannot estimate or control DNS propagation time, so we suggest you consider this variable in advance of the go-live event.
Disclaimer. We make no guarantees with respect to the Services we provide. The Services will be provided in accordance with industry standards and in a workmanlike and professional manner. You acknowledge and agree that any and all materials downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any and all damages to your computer system or other device or loss of data resulting therefrom. To the fullest extent under applicable law, the Services are provided “AS IS”. We do not make, and hereby disclaim, any and all other express, implied or statutory warranties, including implied warranties of merchantability, fitness for a particular purpose, noninfringement of third party rights, and any warranties arising from a course of dealing, usage or trade practice.
3. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
4. DEFINITIONS; CONFLICTS
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.