Terms of Service
Read the following terms before deploying a server with us.
The following terms of service ("TOS") will apply
to the agreement to provide service between Versaweb, LLC ("Company"),
and the individual or business entity identified on the
order form for said services ("Customer"). These
terms, along with the attached Acceptable Use Policy ("AUP"),
shall hereinafter be referred to as the "Agreement"
between the two above mentioned parties.
- Service Rates: Customer acknowledges that they have
been made adequately aware of the initial rates and fees
associated with services being rendered by the Company
and have received a complete description of services to
be rendered. Customer also acknowledges that the Company
reserves the right to change the specified rates and charges
from time to time. Any promotional offers made by the
Company are contingent upon the Company maintaining its
cost of service goals, including but not limited to rates
charged by its suppliers. Where possible, the Company
will provide the Customer with a minimum of 15 days notice
of any rate changes.
- Payments and Fees: Customer acknowledges that the Company
is under no obligation to provide services under the terms
of this Agreement until all stated charges have been paid-in-full,
and Company has been able to adequately verify the validity
of said payment. Recurring payments will become due and payable on
the first day of the month following the completion of
the first invoice term, and will continue as such for
all subsequent invoices. Any account that becomes past-due may will be subject to a 10% late payment fee, and may be suspended or disabled for non-payment at any time at the sole discretion of the Company.
Accounts suspended or disabled for non-payment may be subject to a restoration charge due and payable prior to service being restored. Any accounts that are not collectable
by the Company will be turned over to an outside collection
agency. If your account is turned over
for collection, you agree to pay the Company a "Collection
Fee" of not less than $150, in
addition to any fees that may be imposed by the outside
collection agency or its legal representation. All services
that the Company offers are considered to be provided
on a strictly prepaid basis.
- Refund Policy: All services rendered by the Company are provided on a non-refundable basis. This includes, but it not limited to, setup fees, monthly fees, upgrade fees, professional services fees, and bandwidth overage fees, regardless of usage. In addition, if your account is
canceled by the company for violation of this Agreement
or the attached Acceptable Use Policy, all payments made
to the Company become completely non refundable. Customer agrees not to charge back any credit card payments for services rendered. In the event that a customer files a charge back or other payment dispute, they will be considered to be in violation of this agreement and may be subject to collection action as described in section 2 above.
- Service Cancellation: Requests to cancel services may be made by notifying our Billing Department
from within our billing and customer management system.
All requests for service cancellation must be made a minimum of 5
days prior to the renewal date of the service being cancelled. Failure to provide notice at least 5 days prior to the renewal date will result in a full billable monthly cycle prior to cancellation. Where all services are considered
to be provided on a strictly prepaid basis, no prorated
or partial refunds will be made. All outstanding invoices must be paid in full prior to requesting cancellation, and all unpaid charges must be satisfied prior to the return of any customer-owned equipment.
- Billing Errors: Customer acknowleges that the Company will make it's best effort to ensure that all invoices are correctly issued. However, should Customer note any possible errors, Customer agrees to notify our Biling department within 15 days of the issuance of the errant invoice. After 15 days, all invoices will be assumed to be correct, and no further billing adjustments will be made.
- Credit Card Payments: Where available, the Customer
authorizes the Company to automatically debit any credit/debit
card(s) placed on file with the Company during the ordering
process or via subsequent account updates on the due date of each invoice. Invoices
will be emailed to the Customer prior to any credit card
charges being placed at the beginning of each billing period.
Should the Customer's credit card be declined for any
reason, Company will contact customer to notify them of
the declined charge, and will continue to resubmit the
credit card on file for payment until the balance is paid in full. If the Company is not able to charge the Customer's credit card as noted above for the full amount due, Customer authorizes the Company to split the total amount due across multiple debit transactions to the credit card(s) on file equaling the total amount due.
- Indemnification: Under no circumstances shall the Company
be held liable for damages resulting from any interruption
of service for an amount greater than the amount of the
charges payable by the Customer for services during the
period damages occurred. Customer also acknowledges that
in no case will the Company be liable for damages as a
result of its own negligence in excess of the charges
payable by the Customer for services during the period
damages occurred. Customer acknowledges that they make
use of Companies' services and facilities at their own
- No Lease Implied: Customer acknowledges that the Company is providing a service, and no binding lease of physical equipment or real estate is in any way implied as part of this agreement.
- Violation of Terms: Should Customer violate any of these
terms, the Company will attempt to contact the customer
by email or telephone before taking any action where avoidable.
However, the Company will pursue whatever action is necessary
to serve its best interest in these cases, even if that
should necessitate the suspension or termination of Customer's services
without any type of notification.