|
Use of azmer's Service constitutes acceptance and agreement to azmer's
AUP (Acceptable Use Policy) as well as azmer's TOS (Terms of Service). From
herewith in this TOS, AUP, and SLA, the usage of "us", "we", "our", "ours" shall constitute reference to azmer, the usage of "you", "your", "they", "them" shall refer to client / customer of azmer.
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 azmer, that you are agreeing to our TOS, AUP, and
SLA. No Modifications of said contract by customer is allowed.
2. azmer 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.
What may NOT be hosted on our network:
Warez
IRC
Child pornography
Copyrighted media, includes but not limited to: Video, Music, TV,
Radio
Hacking tools / material
Anything that may harm us, the server, or anyone else (mentally,
physically)
Network Uptime is the total time in a calendar month
that azmer network is available through the Internet, provided
that Client has established connectivity. azmer takes responsibility
for Network availability within their 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% 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 azmer's Network as confirmed by azmer. 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 azmer 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 with a minimum of 12- 24 hours notice.
SLA Network Violation Credit
see: azmer's Service Level Agreement
Performance Credit exclusions:The following are excluded from
the monthly calculation of Service Availability:
Scheduled downtime.
Problems outside of azmer's network (upstream providers, or client's
inbound connection) not effecting 100% loss to our network.
Interruptions
or failure of individual service caused by client, their employees,
client's customers, etc. to their service.These include inaccurate
configuration, 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. We will do our best to remove such
offenders immediately.
Payments and Fees
Payment is due every 6 or 12 months by credit card or PayPal,
an invoice will be raised and can be paid from the Client Area,
please note that service may be suspended on accounts that reach
10 days past due, We do not charge late or re-connection fees.
Delinquent Accounts
azmer 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
All requests for canceling any service / services must be made
in writing with at least 15 days notice but not more than 30
days prior written via email to billing@azmer.net include your
domain name, last name on credit card in your email.
Refunds and Disputes
All payments to azmer are non refundable (unless covered by 30-day
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 azmer'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 Day Money
Back Guarantee
All hosting plans come with a 30 day money guarantee. If for
whatever reason we fail to satisfy your needs and are within
30 days we will fully refund your money all we ask is you give
us a reason so this will help us improve as a company, we will
not deduct ANY fee.
azmer Networks
|