1.) Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.
2.) Content
All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.
Examples of unacceptable material:
IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice.
We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of S8 Solutions. All rights reserved.
4.) Payment Information
All invoices are due upon receipt. You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify S8 Solutions of your desire to cancel any or all services received, those services will be billed on a recurring basis.
We reserve the right to change the monthly payment amount and any other charges at anytime.
Please insure that arrangements for financing have been made well in advance of payment due dates. Delays in payment due to transferring funds, internal approvals, etc. shall not be considered valid and payments shall be considered past due if they are not paid according to the payment schedule.
For Clients who have awarded a project to Developer through an online escrow service, Client warrants that escrow shall be funded within 2 business days of Developer accepting the project award. Client hereby accepts that failure to escrow funds after awarding a project to Developer through an online reverse auction service is considered a breach of the terms of this agreement.
In the event that a scheduled payment date is missed Developer may, at Developer's discretion, require that subsequent payments be placed into escrow before continuing with project production. Client agrees that Developer shall not be held in breach of this agreement by a work stoppage resulting from non payment.
Client agrees and accepts that no trade credit, "net 30" or similar trade credit term, applies to this agreement.
If applicable, web search engine submission and updating shall occur only after the final payment has been made. All payments to be made in US funds.
Developer reserves the right to remove web pages, or other work performed by the Developer, from viewing on the Internet until final payment is made. If a payment delay is anticipated, please contact the Developer immediately for an alternative arrangement. In case collection proves necessary, Client agrees to pay all fees incurred as a result of the collection process.
This agreement becomes effective only when signed by Developer. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this contract was entered into in San Diego County, California, and any dispute will be litigated or arbitrated in San Diego County, California.
5.) Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.
6.) Cancellation and Refunds
We reserve the right to cancel the account at any time.
Customers may cancel at any time. We give you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solution's.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
In the event a client terminates their project by registered letter within 30 days, 50% of down payment will be refunded. Work completed shall be billed at the hourly rate stated in the contract, and deducted from 50% of the down payment, the balance of which shall be returned to the Client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the Client shall be liable to pay for all work completed at the hourly rate. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.
Refunds are paid in 4-6 weeks.
Refund request must be submitted by registered letter to S8, 9562 Winter Gardens Blvd D-133, Lakeside CA 92040.
7.) Resource Usage
Users may not initiate the following:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
9.) Money back Guarantee
On dedicated servers, and colocation no full refund will be honored, the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.
10.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.
11.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from S8 Solutions's server.
12.) Disclaimer
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.
13.) Changes to the TOS
We reserve the right to revise its policies at any time without notice.
14.) Special Offer Hosting
In accepting special offer client agrees to sign up a hosting account with S8Hosting for no less than 12 concecutive months. Premature cancellation of hosting account with S8 Hosting is subject to $100 cancellation fee.
15.) Project Feedback
Feedback or Approvals of developer provided content is required within 3 business days. Changes requested after the 3 day feedback will incur a 'project re-opening fee' if no communication has been made on the part of the client within the 3 days.
In the event that the Client fails to respond to Developer communication within 30 days of the Developer’s first email or letter sent after the Client’s last email or letter on the 30th day, referred to as the ’30 day communication deadline’, the Client will be in breach of contract and the contract is terminated and all payments previously made to Developer are non-refundable. The Developer is not obligated to send the Client notification of contract termination if 30 day communication deadline is passed. All work completed by Developer up to the day of termination shall be billed hourly to the Client and will become due on the 30 day communication deadline.
16.) Project Re-Opening Fee
The project re-opening fee is 10% of the total price of the project.
17.) Additions to Special Offer projects
Any changes outside of specified special offer are considered to be additions to the project and will be billed at the standard rate of $125 per hour. This rate shall also apply toward additional work authorized beyond the maximums specified above for such services as: general Internet orientation education, marketing consulting, web page design, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping Clients learn how to use their own web page editor. CGI programming charges (if any) are not included in this rate.
18.) Late Payments
Any payment made after the specified contractual time will incur a 15% late fee.
19.) Maintenance Fees
Maintenance Fees if applicable are due on the 2nd of every month. Payments made after the 2nd will incur a 15% late fee. Payments sent by mail must be postmarked by the 2nd to avoid late fees.
20.) Temporary Suspension
S8 reserves the right to temporarily suspend service to any client at anytime for any reason.
21.) Malicious Scripts or Programs
Any script or program placed on any S8 server may not cause any disruption to server operations or other client sites.
22.) Terms Violation
Any account found violating any terms listed or stated to the client will be subject to immediate suspension or cancellation without notice.
23.) Account Reinstatement
Reinstatement of any suspended account is completely at the descretion of S8.
24.) Project Deposits
Any project that has a total price less than $1500.00 must be paid in full to start.
23.) Milestone Payments
24.) If not specified in a signed agreement; Projects with milestone payments require 50% deposit to start. Once the agreed upon, mid project, milestone has been reached a payment of 40% becomes due. The final 10% is to be paid upon project completion and starts the 15-Day Maintenance Period for minor changes as defined by S8 Solutions staff.
25.) Maintenance Grace Period. This agreement includes minor web page maintenance to regular web pages (not store product pages) over a one-month period, including updating links and making minor changes to a sentence or paragraph. It does not including removing nearly all the text from a page and replacing it with new text. If the Client or an agent of the client other than the Developer attempts an update of the Client’s pages that results in damage to the site, Client will be charged an hourly rate as outlined in item 17 above. Time to repair broken web pages is not included as part of the maintenance grace period.
26.) We reserve the right to change these terms at anytime.
