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Terms of Service |
Use of Edmonton Web Solutions's Service constitutes acceptance and agreement to Edmonton Web Solutions's AUP (Acceptable Use Policy), TOS (Terms of Service), PP (Privacy Policy), SLA (Service Level Agreement). From herewith in this TOS, AUP, SLA and PP, the usage of "us", "we", "our", "ours" shall constitute reference to Edmonton Web Solutions, the usage of "you", "your", "they", "them" shall refer to client / customer of Edmonton Web Solutions. 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 Edmonton Web Solutions, that you are agreeing to our TOS, AUP, SLA and PP. No Modifications of said contract by customer is allowed. 2. Edmonton Web Solutions 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, TOS, AUP, SLA and PP. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service. 3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay Edmonton Web Solutions any additional fees as specified in the Service Description within three (3) days of invoicing period. Any bandwidth overuse bill not paid within three (3) days of invoicing will be subject the server and services to suspension. Edmonton Web Solutions will not under any circumstances accept liability for a site to be shutdown due to bandwidth overuse. 4. Edmonton Web Solutions will not under any circumstances accept financial liability for sickness, stress, injury, loss of earnings, loss of data or failure of computer hardware due to using our services or incorrect/misinformed advice given by staff. What may not be hosted on our network: Illegally posted materials will not be tolerated on our network. These include but are not limited to: Transmission, storage, or presentation of any information, data or material in violation of any Indian Law is prohibited. Links to such materials are also prohibited. If you find any of the above materials hosted on one of our web servers, please report to Edmonton Web Solutions. Additionally, we reserve the right to ban the use of applications which allow the proliferation of unsolicited email from our network, or which decrease the performance of our servers thus bearing on the quality of service we may provide to other customers. We do not allow BULK or MASS emailing, in our Starter and Business Linux hosting plans we restrict the emails to 50mails/hr (1200mails/day). Resource Usage 99.9% Uptime Guarantee Network Uptime is the total time in a calendar month that Edmonton Web Solutions network is available through the Internet, provided that Client has established connectivity. Edmonton Web Solutions takes responsibility for Network availability within our network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99.9% of each calendar month Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled "Network Uptime" above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in Edmonton Web Solutions''s Network as confirmed by Edmonton Web Solutions. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month. Scheduled Downtime is any Edmonton Web Solutions scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail. Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: Scheduled downtime These include inaccurate configuration(s), 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, server hardware failures or other users on server to cause the server to overload which may cause downtime. Backups Edmonton Web Solutions backup our servers and individual accounts daily however we provide a backup option in your cpanel for your own backup purpose and will not be held responsible for loss of any kind if we are unable to restore a backup from our system or from a backup file provided by you. Please raise a support ticket to have the previous days backup restored if the need arises Payment: Establishment of this service is contingent upon receipt of payment from Customer to Edmonton Web Solutions. Subsequent payments are due on the anniversary date of the month for the particular billing cycle chosen, unless customer requests all payments to be consolidated to one specific billing date. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services. Payments and Fees: Payment is due on the defined monthly anniversary billing date dependent on billing cycle chosen. Service will be terminated on accounts that reach 14 days past due. Service interrupted for nonpayment is subject to minimum Rs. 200 reconnect charge. Non Payment For 30 days past invoice due date will result in your hosting account and all data in it being deleted Delinquent Accounts: Edmonton Web Solutions 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. Refunds and Disputes: All payments to Edmonton Web Solutions are non refundable with the exception of 30 days money back guarantee. 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 charge backs, in Edmonton Web Solutions'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. 30 Days Money Back Guarantee 30 day money back guarantee applies to paid hosting only and is refunded minus any fees incurred by Edmonton Web Solutions for Domain Registration Edmonton Web Solutions utilizes an industry standard third party Registrar for domain name registration services. Once an order is placed for a new domain name through Edmonton Web Solutions, we register the domain for the customer through the Registrar. Domains registered in this manner are not eligible for a refund and the cost for such domains will be subtracted from any service refund from Edmonton Web Solutions. Denial of Service
Changes to the TOS |
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