Service Agreement, Entire Agreement
The Provider shall provide its Services to You - the Customer - under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to keep the integrity of both Vlexor Hosting Services and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our Services. The Service Agreement and any other policies or agreements mentioned in this document, constitute the whole act of convention between Vlexor Hosting Services and the Customer. You agree that Vlexor Hosting Services may modify this agreement and the conditions at anytime without prior contact. You agree to be bound by this agreement, and should periodically review the Terms of Service to ensure they meet your needs. Vlexor Hosting Services may be referred to as 'we', 'us' or any first-person pronouns. These Terms and Conditions apply to you if you have purchased services from Vlexor Hosting Services.
Rules for Activation and Monthly Payment Basis of the Hosting Service
Upon submitting of the online order form, the Customer agrees to abide by our Order Verification Policy and the following provisions:
- Non-Payment of the service shall result in a immediate service disconnection. Customers failing to secure payment by the time of the due date will incur service interruption. In addition the data hosted on the dedicated server/VPS/Hosting Account will be permanently deleted.
- Setup fees and monthly service fees are non-refundable. The Customer agrees to a no-refund policy in advance.
- There are no refundable funds available, once we recieve your payment you have agreed to a no-refund policy. We do not offer a cooldown period whatsoever.
- Users of the 'Group Pay' billing feature agree that any payment made is classed as a donation to the end customer of the Group Pay policy, Vlexor Hosting Services acts as the payment gateway and refunds will not be provided as they are classed as donations and an optional payment.
- The Customer agrees to notify Vlexor Hosting Services of cancellation at least 7 days in advance of next payment due date.
- The consumer agrees that after a cancellation, he/she or entity is no longer eligible for discounts on new services or previous services.
Services Guarantees, Data Backup
The Provider guarantees 99.5% network uptime and server stability. This, however, does not refer to problems stemming from:
- Server Hardware Breakdown
- User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts the server down, they are responsible for the downtime)
- Failure due to software that is not explicitly supported by Vlexor Hosting Services. If a hardware crash provoked by the Customer consequently happens, the Provider is beyond the control and responsibility for the resulting downtime.
Due to the specificity of the Dedicated server hosting service, providing Customers with fully independent and self-managed hosting environment, the Data Backup of all Customer's website contents and databases is solely Customer's responsibility, as well.
Service Activation and Continuance Timescales
For newly signed up clients - the Services are activated only after our Sales Department gets in touch with the Customer over the phone to verify the payment details (this is required due to the high fraud activity spreading online, and in order to be prevented fraudulent account usage). The payment verification procedure is obligatory and if we fail to approve a transaction within 72 hours of the payment submission, the funds will be credited back to the payer and the order will be canceled. For existing customers - the services for existing Customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the according service payment.
Vlexor Hosting Services commits to deliver services in consideration of delivery time mentioned for each product on our website. We are not obliged to provide any information in regard of a service delivery status or prioritize a service delivery unless the commitment time has been passed. To be specific and to prevent further confusion, delivery time for all services not specified here is up to 72 hours. For dedicated servers and virtual servers, the delivery varies from 1 business day to 5 business days. Customer is responsible to check delivery time of each product/service we offer on our website. In case of unexpected events such as power outage that might delay delivery time of a service/product, Vlexor Hosting Services is entitled to put maximum effort to satisfy customer by for example prioritizing the order but that would not entitle customer to cancel or refund for example dedicated servers which once are under process, are not refundable.
Chargebacks are not considered as a way of refunding. Any Customer who initiates a credit card or paypal chargeback in response to a bill or order placed with Vlexor Hosting Services will be subject to full investigation to determine the action that will be taken by Vlexor Hosting Services. When signing up for a Dedicated server hosting account with Vlexor Hosting Services, the Customer agrees to the terms and conditions explicated in this document (and its coherent policies). Thus, Vlexor Hosting Services, as well as Vlexor Hosting Services's authorized retailers, will resort to these documents as an evidence for the Customer's agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute. If/When a chargeback report is received, the first step of Vlexor Hosting Services's Customer Care team will be to try to contact the Customer. Meanwhile, the Customer's Dedicated server account will be suspended (in order to protect our system from fraudulent activity and misuse) and will remain suspended until the reasons for the chargeback have been clarified and decision has been taken for according action. If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with the authorized retailers and eventually the Dedicated server account will be re-activated. If the Customer has sent a chargeback request based on groundless argumentations (according to Vlexor Hosting Services's own judgment and these Dedicated Terms of Service), then a dispute will be started with the authorized retailers in which the Dedicated Terms of Service of Vlexor Hosting Services will serve as evidence of the Customer's agreement. The retailers then, taking into consideration all provisions in these legal documents, will decide whether the Customer has had sufficient grounds for the chargeback or Vlexor Hosting Services has the right to a reverse payment. In case that the chargeback originates from a fraudulent user (end-client) and no reverse payment procedure can be activated, then the respective Dedicated server account will remain suspended. Please consider that all fees of Licenses through Vlexor Hosting Services's services are non-refundable.
Third Party Services
Vlexor Hosting Services is not responsible for the actions of third party services such as anti-spam services.
In consideration of their use of the Service, Customers agree to:
- Vlexor Hosting Services will not replace services affected by third party services including but not limited to; blacklisting services, anti-spam services and so on.
Unlawful and Prohibited Use
Vlexor Hosting Services expressly bans the use of any Dedicated server hardware or software for trying to illegally access another hosted machine or network. Customers may not attempt to gain unauthorized access to any of Vlexor Hosting Services's Services, other accounts, computer systems or networks connected to any of the Vlexor Hosting Services's Services, through hacking, password mining or other means of close nature. Customers may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Vlexor Hosting Services's Services. If you still have inquiries over the matter, feel free to contact any of our Customer Care representatives.
Server content MUST comply with the parameters stated in this TOS. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of Vlexor Hosting Services's Services are used for the illegal purpose of SPAM or UCE, they will be instantly terminated. Customers are solely responsible for the content of their messages. Using Vlexor Hosting Services's Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or other) is prohibited. In this light, Vlexor Hosting Services expressly forbids any breach of Belize's laws.
As a condition for Customer use of Vlexor Hosting Services's Services, you - the Customer, agree that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Vlexor Hosting Services's Dedicated servers can be used explicitly and only for legal purposes, and each attempt for taking indecent advantage of the servers, inconsistent with the rules, will be immediately counteracted. Vlexor Hosting Services reserves the right at any time to disclose any information, as Vlexor Hosting Services deems necessary, to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove from the Services any information or materials, in whole or in part, in the sole discretion of Vlexor Hosting Services.
E-commerce Customer Websites
When buying a service for the purpose of creating an e-commerce online store or related e-commerce activities website, the Customer agrees to be fully responsible for the development, operation and maintenance of his/her web site/ online store and e-commerce activities within that website. The Customer is the only one in charge of approving, processing and filling client orders and taking care of client requests or complaints. The Customer is also the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store. The Customer bears the responsibility for ensuring the security and confidentiality of any clients' data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store. Each Customer is in charge of all products and services, as well as all contents and materials appearing online, including: o the accuracy and relevance of Customer Content, and content and material showcased in the Customer store or on its products; o certainty that the Customer Content and content and materials appearing in the Customer store or on its products do not violate or infringe upon the rights of any person; o certainty that the Customer Content and the content and materials appearing in the Customer store or on its products are not calumnitous or somehow illegal. Each Customer guarantees to Vlexor Hosting Services that he/she owns the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to Vlexor Hosting Services that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not: o infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party; o break any criminal law or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation. Each Customer empowers Vlexor Hosting Services to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. Vlexor Hosting Services is granted the right to estimate, at its own discretion, the extent to which these operations may be carried out.
Refusal of Service
Vlexor Hosting Services will thoroughly scrutinize all received orders and decide, to its own discretion, which of them do not comply with the officially stated requirements for use of Vlexor Hosting Services's products. Vlexor Hosting Services reserves the right to refuse Service to unlawful parties.
Vlexor Hosting Services reserves the right to discontinue the Service provision to any subscriber that Vlexor Hosting Services deems, at its sole discretion, has violated any condition of the Service explicated in this Terms of Service and/or the Acceptable Use Policy.
- Notices, including notices concerning breach of this Agreement will be sent either to the e-mail address provided by the Customer at sign up, OR mailed by first class mail to the postal address that the Customer has on file with Vlexor Hosting Services. In both cases, delivery shall be deemed to have been made five (5) days after the notice has been sent. Notices from the Customer to Vlexor Hosting Services should be sent to the address provided on Vlexor Hosting Services's website.
- Vlexor Hosting Services guarantees highest level of Customer Care service round the clock. If you feel dissatisfied with any aspect of the Service, feel free to make use of our complaints procedure detailed below. In order to file a complaint, please send us an email to [email protected], specifying the nature of the problem you are experiencing. Please, provide as many details about your particular case as possible. The more we know about the situation, the better, prompt and adequate our resolution will be. Here are our steps of addressing every single complaint: Vlexor Hosting Services will confirm receipt of your complaint in writing, confirming that the complaint will be addressed without delay. The Provider reserves the right to refuse to investigate a complaint that is obviously frivolous, abusive or offensive. An Vlexor Hosting Services's Customer Care representative will review your situation, look for an appropriate solution and inform you of the timeframe within which a response should be expected. If Vlexor Hosting Services's Customer Care representative can't resolve your complaint within the pre-announced period, your complaint will be escalated to a Customer Care manager. If the Customer Care manager can't resolve your complaint, as well, it will be forwarded to the Company Director, who will investigate the case to ensure that all necessary measures have been taken and will respond in writing within two working days, and reply with a solution within five working days.
- Any way of indecent treatment towards an Vlexor Hosting Services's Customer Care employee will be considered as totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with the Vlexor Hosting Services's employees regarding any request for help or consultation via e-mail, chat, phone or through our Ticket Desk Support System. Each Customer is expected to avoid any form of emotional outburst or inappropriate language, or any other attempt to be undermined the importance of good ethics in communication and human relations. Any act of close nature, or other type of offensive, abusive, disrespectful or condescending behavior - oral, written, or delivered by a second party - to members of the Provider's Customer Care stuff will be interpreted as a breach of this TOS. The Provider reserves the right to assess at its sole discretion which behavior is to be considered as a violation of the hereby stated rule and agreement, and to undertake according actions.
- Technical Support Due to the specificity of the Service, Customers are fully in charge of the management and maintenance of their Dedicated servers. Fair Use Policy. The Service is provided to end-user Customers for normal, fair, and reasonable use. Bandwidth usage is to be reasonably consistent throughout every month, without irregular bandwidth usage patterns, either individually or as part of a group of Customer servers. In the event Vlexor Hosting Services, in its sole discretion, determines that the Customer is not using the Service according to this Fair Use Policy, Vlexor Hosting Services will be entitled to: (a) impose limits on the speed of the data the Customer may transmit and/or receive on any or all Customer servers with this Service, (b) re-price any or all Customer servers with this Service to the regular bandwidth rate; or (c) suspend or terminate the Service to any or all servers provided to the Customer, at Vlexor Hosting Servicesis sole option.
- Customer shall not be entitled to use the Service for the purpose of (i) operating Content Delivery Network and/or (ii) Streaming Media Services except with Vlexor Hosting Services's prior written consent, which consent may be granted or withheld at Vlexor Hosting Services's sole discretion.
- Whenever reasonably possible, in the event of a Customer breach of any Special Terms and Conditions for this Service, Vlexor Hosting Services will email the Customer allowing 24 hours to cure the breach, before Vlexor Hosting Services takes any action. If the breach re-occurs in the same month, Vlexor Hosting Services may take any action permitted in 3, without further notice to the Customer.
- The service is provided to the Client for normal, fair, and reasonable usage. Bandwidth usage is to be reasonably consistent throughout every month, without irregular bandwidth usage patterns/spikes. In the event Vlexor Hosting Services, in its sole discretion, determines that the Client is not using the service according to this Fair Use Policy, Vlexor Hosting Services will be entitled to: (a) impose limits on the speed of the data the Client may transmit and/or receive with this service; (b) adjust pricing of service to regular/standard bandwidth rates; and/or (c) suspend or terminate the service provided to the Client, at Vlexor Hosting Services's sole discretion.