Term of Service
Terms of Service
wanhosting.net (the “Company”) and the client (the “Customer”) agree that this Hosting Agreement (the “Agreement”) is a legally binding contract. Each party understands that the use of the service are laid out on the following terms. The client upon acceptance of the contract will not be entitled to refunds.
1. Company Services
The services offered by wanhosting.net will be specified in the order page, subject to the terms of the agreement, including other services that may be subscribed during the duration of the Customer’s account.
The initial service term of the Agreement takes effect when services ordered are set up. The customer will receive an email notification from wanhosting.net as a prompt to the Customer account’s activation (the “Service Commencement Date”). The Customer will be given a monthly notice to renew the service in question 7 days prior renewal date. If client wants to terminate the contract, the service can be cancelled by placing a cancellation ticket in the billing queue that can be seen in the Client Area. However, Customer must take note that the time of the receipt of ticket MUST be before the generation invoice in order for this to be accepted. The service will be terminated at the end of the billing period where the ticket was received. Cancelled services including data within its scope will no longer be made available on the service renewal date. “Term,” as stipulated in this Agreement shall collectively refer to Initial Agreement and any Renewal date mentioned.
• Fees. Fees should be paid in advance during the first day of the billing cycle. The Customer is given different options with regard to payment. Payments could be made in monthly, quarterly, semi-annual or annual basis. The Customer must pay the fees for the first billing cycle before service could be made available by the Company. If credit/debit card billing was chosen by the Customer, it is agreed upon that the Company is given the authority to bill the amount due in United States Dollars. This will be done on or after the first day for each successive billing cycle within the Term of the Agreement. If not, an electronic mail carrying the invoice will be sent to the Customer via that Primary Customer Contact listed in the Order. Full payment is required by the Company to ensure continuous service. Default on fees or unpaid bills gives wanhosting.net the right to discontinue services. For monthly renewals, you can set Credit card payments at least 3 days before due date to guarantee timely invoices.
• Early Termination. The Customer understands that the amount stated in the bill will be based from the Order. Section 9 gives wanhosting.net the right to terminate the Agreement on the grounds of breach of Agreement. If Customer was found to have violated Section 9, the fees remaining in the Initial Term or the current Renewal term will be due the business day after the Agreement is terminated. Unused service will not warrant for refunds for accounts that were terminated due to breach of the Agreement.
4. Law and Acceptable User Policy
• The services offer by wanhosting.net will be used by the Customer within the grounds of the applicable law and Acceptable User Policy (“AUP”) which in incorporate in this Agreement. The AUP as first seen by the Customer can be amended by wanhosting.net at any time in accordance to compliance with industry standards as deemed fit by the Company. Conditions and restrictions in the Agreement will be included in the AUP. Changes imposed will be effective immediately. The Company reserves the right to notify or not notify the Customer regarding amendments in the AUP. In cases where there is a speculation regarding the violation of the AUP, the Customer agrees to be subjected under reasonable investigation that will be conducted by the Company. In case disputes shall arise between wanhosting.net and the Customer pertaining to the interpretation of the AUP, the wanhosting.net’s commercially reasonable interpretation of the UAP shall supersede any other interpretation.
5. Customer Information
• The Customer promises that all personal information provided to wanhosting.net for the purpose of obtaining and maintaining the service are all true and accurate. wanhosting.net will be carrying the instructions of the person listed as the Primary Customer on the Order in connection to the Customer’s account until the time that the Customer issues a notice to change the Primary Customer Contract.
• The Customer shall indemnify free wanhosting.net and Affiliates including directors, officers, agents and employees of any possible demands, claims, obligations, losses, fines, punitive damages, liabilities, future interests, or any kind of monetary disbursement (including attorney’s fees) for complaints from people made on the behalf of the customer for supposed legal liabilities that may pertain to the actual of alleged of the Customer’s services where the Customer may have violated the applicable law of the AUP or any person that may have had access to the Customer’s information, despite the person having been granted by the Customer to use the services in question.
7. Disclaimer of Warranties
• The services offered by wanhosting.net are not guaranteed free from interruption, error and breach of security. All services offered by the Company in accordance or the applicable law are available on an “as is’ basis. All warranties, including the implied warranties of fit for a particular purpose or merchantability and noninfringement will not be honoured by wanhosting.net.
8. Limitation of Damages
• Both the Customer and the Company will not be subjected to any form of liabilities such as lost profits or any type of indirect, special, incidental, consequential or punitive damage or loss of any kind, or any type of damages that could have been evaded if only parties involved exercised fair diligence, brought about by the interpretation of the Agreement, regardless if any of the party were briefed or should be knowledgeable that damages such as these could arise. Notwithstanding anything else in the Agreement to the contrary, the maximum liability that can be paid by wanhosting.net or any of its agents, employees or affiliates subject to any theory of law (including breach of contract, strict liability, infringement and tort) will be a monetary payment that will not exceed the amount of 3 months of service payment of the Customer.
9. Suspension and Termination
• Service Suspension. wanhosting.net reserves the right to suspend the services of a Customer without prior notice and shall not be held accountable for liabilities on the following grounds:
a. The Company is given reason to believe that Customer violated AUP with the use of ordered services;
b. The Customer did not cooperate with the Company’s protocol to conduct proper investigation with regard suspected violation of AUP;
c. wanhosting.net believes that in order to protect its network and customers, suspending the account of the Customer was found necessary;
d. This was mandated by a law enforcement or a regulatory agency
If service is reinstated, the Customer will have to pay wanhosting.net corresponding fees after a suspension.
• Termination. wanhosting.net may terminate the Agreement before the expiration of the Initial term or any Renewal Term without sending notice to the Customer and this comes with the agreement that the Company will not be held liable of any damages. Termination could be imposed on the following terms:
a. Three days after notice was given to the Customer regarding overdue bill;
b. When it is found that Customer has material breach on the provisions stated in the Agreement which includes the AUP and if the Customer fails to rectify the violation within the time frame mentioned in the policy enforcement notice sent by wanhosting.net which includes detailed information on the supposed violation;
c. A day after notice is given regarding the Customer’s violation of Section 5 (Customer Information) of Agreement.
In extreme cases, the Customer allows wanhosting.net to terminate the customer without any explanation.
10. Requests for Customer Information
• The Customer is given the understanding that wanhosting.net may take the following actions without issuing proper notice:
a. Give information to proper authorities regarding Customer’s conduct and to end Agreement with Customers where wanhosting.net believes that there was a violation of applicable law;
b. To surrender necessary Customer information to law enforcement authorities or regulatory agenciesif there was a formal or informal request for the Company to do so. This may also be done in cases for formal requests in lawsuits that on its face meet the requirements for such a request.
11. Changes to wanhosting.net’s Network
• wanhosting.net may impose changes and upgrade to its network that may encompass but is not limited to hardware, software and service providers. This may change the interface or operation of the Customer’s hosted content and/or applications. wanhosting.net is given full right in implementing changes in its network in accordance to reasonable discretion and shall not be held liable if such changes will have a negative impact to the Customer.
12. Force Majeure
• Some events beyond the control of wanhosting.net will not put the Company under any liability if this fails to deliver services subscribed by Customer. Such events may include but is not limited to the following: “acts of God”, strikes on the labor sector or any organization, Internet connectivity issues, epidemic, riot, war, insurrection, natural disasters, power failure, or any events of similar kind or type that the industry is not prepared for.
13. Governing Law and Disputes
• This Agreement shall be construed under the guidance of State of New York laws, pertaining only to its chosen law principles, and the laws of the United States, as deemed appropriate. This Agreement shall not be covered by the rules of the United States Convention on the International Sale of Goods. All disputes will be held in the State of New York Court and both parties will not question the court’s authority regarding the lawsuit. All forms of objection regarding this matter is waved by parties involved.
Subscription on the services offered by wanhosting.net will include provision of personal information such as your name, address, telephone or mobile numbers, e-mail addresses and financial information like credit card number and its expiration date. All information provided by the Customer will be held in a protected database. Customer service representatives may ask Customers regarding computer setup in order to better help in troubleshooting certain problems like connectivity issues. The official website of wanhosting.net stores Customer’s IP address, the time and duration of visits to its pages and this can be used by the Company to personally tie this to Customer’s account. Information provided by the Customer will never be sold or transferred to third party email marketing entities or for the use of marketing campaigns.
15. Request for Additional Information
Customer should oblige to the request of wanhosting.net to provide additional identification on any order. The Customer will be given a formal request by the Company prior to the setup of services.
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