Customer agrees to the following terms of service:
Term: Customer agrees to a recurring contract term for services unless otherwise agreed to in writing.
This recurring contract for services is automatically renewed on the anniversary date perpetuity and subject to
written cancellation by the Customer.
Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and
shall serve as the anniversary date for all future billings including one time fees, upgrades, additional services,
cancellations and service credits. Fees are due in advance of the service cycle and will be billed and due on the
Upgrade Fees: Upgrades ordered on the billing anniversary date will be billed for a full term of service and will
continue perpetuity on the anniversary date. Upgrades ordered after the normal anniversary billing date will be pro-rated to
anniversary date and billed as a one time pro-rata charge. Future charges will appear as full service fees added to your
existing anniversary billing date.
Additional Service Fees: Additional services ordered on the billing anniversary date will be billed for the full
service and will continue each anniversary date. Additional services ordered after the normal anniversary
billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will
appear as full service fees added to your existing anniversary billing date.
One Time Fees: One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and
at the time they are incurred, and agreed upon in writing or via ticket with approval.
Service Credits: Service credits will be issued to your Customer account and shall be used to offset future billable
services. Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other
Cancellation: The Company requires a three (3) day written cancellation notice prior to the anniversary billing date
discontinuance or downgrades of contract services. Failure to supply the requisite three (3) days written notice of
cancellation will result in a full billable cycle prior to cancellation. Notice of written cancellation is preferred
through email. All customer data remaining after the cancellation date will be destroyed for security and privacy reasons.
Refunds & Disputes: All services rendered by The Company are non-refundable. This includes, but is not limited to:
fees, one time fees, perpetual service fees, upgrade fees, additional service fees, administrative fees, and late fees.
Customers seeking to resolve billing errors are instructed to email us immediately. Customer agrees not to chargeback
any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional
charge of $150 and will be subject to collection by an authorized collection agency.
Non-Payment: All payments are due in full on the service anniversary date. Failure to remit payment for services on
the anniversary date is a violation of the TOS. A late fee of $20 will be incurred for failure to remit payment for
services on or before the anniversary date. Failure to remit payment for five (5) consecutive days, including the
anniversary date, shall result in a termination of public access to Customer services. Customer shall maintain access to
data and services through the service network. A $50 reconnect fee will be incurred for failure to remit payment for
services after public access has been disconnected. Failure to remit payment for services within seven (7) consecutive days,
including the anniversary date, shall result in termination of access to the service network and all services shall be
reclaimed. All Customer data remaining after seven (7) days of non-payment will be destroyed for security and privacy
Data: The Company agrees to use best efforts and commercially reasonable best practices when deploying services
data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid
hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads,
customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data
integrity, retention, security, backup, and ownership.
Identity Use: Customer agrees to use The Company logo, Company information, and related services in accordance to the
approved marketing guidelines. Company agrees not to use Customer name, logos, or information without prior written consent
Laws: Customer agrees to abide by all local, state, and federal laws pursuant to services delivered in
Meriden, Connecticut, United States of America. Proper venue for legal remedies shall be New Haven County, New Haven
Connecticut. All contact terms found herein shall be bound by Connecticut State Law or the Uniform Commercial Code
whichever may be applicable.
Mutual Indemnification: Each party agrees to indemnify and hold harmless the other party, the other party's
each of their respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands,
liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and
disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any
theory of legal liability arising out of or related to the indemnifying party's actual or alleged infringement or
misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.
Limitation of Liability: The Company shall not be liable to Customer for harm
caused by or related to Customer's services or inability to utilize the services unless caused by gross negligence or
willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental,
consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding
anything else in this agreement, the maximum aggregate liability of The Company and any of its employees, agents or affiliates,
under any theory of law shall not exceed a payment of money not to exceed the amount paid by the customer for hosting services
for the six moths prior to the occurrence of the event(s) giving rise to the claim.
Arbitration: Any controversy or claim arising from service or related to this contract or breach therein in excess of
$500.00 shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration
Association. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.
Electronic Signature: Acceptance of the Master Service Agreement incorporating the Terms of Service, Acceptable Use
Service Level Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the
terms as described on the online signup form(s) and completion of the ordering process.