Hosting Terms of Service
Sunday, 31 July 2011 16:11
Written by WONGA
Last Updated on Thursday, 08 September 2011 12:16
Customer agrees to the following terms of service:
Term: Customer agrees to a month to month contract term for services unless otherwise agreed to in writing. The month to month contract for services is automatically renewed each month in perpetuity subject to cancellation by the Customer.
Monthly/Quarterly/Bi-Annual/Annual Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial product order and that date shall serve as the Monthly/Quarterly/Bi-Annual/Annual anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
Upgrade Fees: Upgrades ordered on the billing anniversary date will be billed for a full service period and will continue each service period on the anniversary date. Upgrades 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 monthly 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 period and will continue each service period on the 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 period 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 payable 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 account holders.
Refunds & Disputes: All hosting services rendered by WONGA Studios, LLC are non-refundable. This includes, but is not limited to: setup fees, one time fees, annual service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an accounting ticket inside the Customer portal located at http://wongastudios.com/whmcs. 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 anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. A late fee of $5 will be incurred for failure to remit payment for services on or before the monthly anniversary date. Failure to remit payment for eight (8) consecutive days, including the anniversary date, shall result in a termination of public access to Customer services. Failure to remit payment for services within fifteen (15) 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 thirty (30) days of non-payment will be destroyed for security and privacy reasons.
Data: WONGA Studios, LLC agrees to use best efforts and commercially reasonable best practices when deploying services related to 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 WONGA Studios, LLC logos, Company information, and related services in accordance to the approved marketing guidelines. WONGA Studios, LLC agrees not to use Customer name, logos, or information without prior written consent of Customer.
Laws: Customer agrees to abide by all local, state, and federal laws pursuant to services delivered in Gulfport, Mississippi, United States of America. Proper venue for legal remedies shall be Harrison County, Gulfport, Mississippi. All contact terms found herein shall be bound by Mississippi 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 affiliates, and 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: WONGA Studios, LLC 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 WONGA Studios, LLC and any of its employees, agents or affiliates, under any theory of law shall not exceed a payment of money in the amount paid by the customer for hosting services for the two months 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 Policy, 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.