All Terms and Conditions of this TOS (Terms of Service) and AUP (Acceptable
Use Policy) may be modified at our sole discretion without prior notice. Changes
to this TOS does not constitute grounds for early contract termination or non-payment.
Please check back regularly for any updates.
Use of Hostradius’s Services constitutes acceptance and agreement to Hostradius’s
AUP (Acceptable Use Policy) as well as Hostradius’s
TOS (Terms of Service). From herewith in this TOS, AUP,
and SLA, the usage of “us”, “we”, “our”, “ours”
shall constitute reference to Hostradius, the usage of “you”, “your”,
“they”, “them” shall refer to client / customer of Hostradius.
Acceptance of Contractual Agreement
1. Client agrees that by placing an order either by means
of electronic ordering (web order form) or submitting a written contract, and
receipt of such order by Hostradius, that you are agreeing to our TOS, AUP, and
SLA. No modifications of said contract by customer is allowed.
2. HostRadius reserves the right to change fees at any time.
3. Hostradius will provide, and Customer will purchase and
pay for, the Services, and service fees specified in the Order for the applicable
Service Description. Customer acknowledges that the service, and service fees
have been communicated to the customer, and that they are aware of all applicable
charges as per contract, AUP, SLA, and TOS. Customer also understands that any
promotional offers unless specified in contractual terms will not be applicable
to their individual service.
4. In connection with any Hosting Services, if Customer’s
actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s
contract, Customer's account will be suspended until the first of the following
month unless user chooses to pay Hostradius any additional fees as specified in
the Service Description.
5. HostRadius is not responsible for lost revenue, traffic or
data caused by server downtime or failure, domain name transfers, or any other
error - mechanical or human.
Payment:
Establishment of this service is contingent upon receipt of payment from Customer
to Hostradius. Subsequent payments are due on the first of the each month. Any
setup fees will be charged full setup fee pricing, and are applied at time of
initial request of such services.
Payments and Fees:
Invoices are sent on the 1st and due on the 15th of each month. You are required
to login into the Account Management System to make your invoice payments when
due. Invoices that are not collectable by Hostradius will be turned over to an
outside agency for collection. If your account is turned over for collection,
you agree to pay the company a “Processing and Collection” Fee of
not less than Fifty($50.00) nor more than One Hundred, Fifty($150.00).
Dedicated Servers Only: Service will be interrupted on accounts
that reach 10 days past due. Service interrupted for nonpayment is subject to
a $200.00 reconnect charge. Accounts not paid by due date are subject to a $7.95
late fee.
Delinquent Accounts:
Hostradius may temporarily deny service or terminate this Agreement upon failure
of Customer to pay charges when due. Such termination or denial will not relieve
Customer of responsibility for the payment of all accrued service fees, or any
collection fees.
Account Cancellation:
- Shared/Reseller Hosting:
All requests for canceling any service / services must be sent through the Helpdesk.
Confirmation Receipt of cancellation will be sent within 24 hours of our normal
cancellation department hours of 9AM to 5PM EST Monday - Friday.
- Dedicated Servers Only:
All requests for canceling any service / services must be made through the Helpdesk
with at least 30 days notice but not more than 60 days prior to the notice. Confirmation
Receipt of cancellation will be sent within 24 hours of our normal cancellation
department hours of 9AM to 5PM EST Monday - Friday.
Refunds and Disputes:
- Shared/Reseller Hosting:
Accounts will be setup within 24 hours unless informed otherwise. Account cancellation
by HostRadius or the customer, HostRadius will not issue a refund unless the account
is within the 30 day money back guarantee timeframe. In the event that customer
has paid for future dates(Quarterly, Semi-Annually, Annually), the remaining months
will be refunded. Disputed charges to your credit card issuer, also known as chargebacks,
in Hostradius’s discretion which is valid, under the terms and conditions
of our SLA, AUP, and TOS, will result in service interruption, and reconnection
fees to restore the desired service.
- Dedicated Servers:
All payments to Hostradius are non-refundable. This includes any setup fees and
monthly fees regardless of usage. All billing disputes must be reported within
30 days of the time the dispute occurred. Disputed charges to your credit card
issuer, also known as chargebacks, in Hostradius’s discretion which is valid,
under the terms and conditions of our SLA, AUP, and TOS, will result in service
interruption, and reconnection fees to restore the desired service.
This agreement shall be governed by the laws of the province of Ontario.
Any action in regard to this agreement or arising out of its terms and
conditions shall be instituted and litigated in the Ontario Provincial Courts
for Ontario. Each of the parties consents to jurisdiction in such Court and agrees
that service of process as provided by the province and rules of civil procedures
of Ontario shall be sufficient.
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