TOS | SLA | AUP
Use
of Sound Web Development’s Service constitutes acceptance
and agreement to Sound Web Development’s AUP (Acceptable
Use Policy) as well as Sound Web Development’s TOS (Terms
of Service). From herewith in this TOS, AUP, and
SLA, the usage of “us”, “we”,
“our”, “ours” shall constitute
reference to Sound Web Development, the usage of “you”,
“your”, “they”, “them”
shall refer to client / customer of Sound Web Development.
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 Sound Web Development, that you are agreeing to our
TOS, AUP, and SLA. No Modifications of said contract
by customer is allowed.
2.
Sound Web Development 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.
3.
In connection with any Hosting Services, if Customer's
actual bandwidth usage in any month exceeds allotted
amount, specified in Customer's contract, Customer
will pay Sound Web Development any additional fees as specified
in the Service Description within three (3) days
of invoicing period. Any BW overage bill not paid
within three (3) days of invoicing will be subject
the server and services to suspension.
What
may not be hosted on our network:
-Warez
-IRC
-Child pornography
-Adult (sexual) material/pornography
-"Hate" content
-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 Sound Web Development network is available
through the Internet, provided that Client has established
connectivity. Sound Web Development 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 Sound Web Development’s
Network as confirmed by Sound Web Development. 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 Sound Web Development 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
Service Level Agreement
·
Performance Credit exclusions: The following are
excluded from the monthly calculation of Service
Availability: · Scheduled downtime ·
Problems outside of Sound Web Development’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
Payment:
Establishment of this service is contingent upon
receipt of payment from Customer to Sound Web Development. Subsequent
payments are due on the anniversary date of the
month for that month’s service, unless customer
requests all monthly payments to be consolidated
to one specific billing date. Any additional services
relative to a primary hosting account, will be prorated
to the primary hosting account’s monthly recurring
billing date, along the following guidelines of
prorating methodology: (total monthly fees/ 30)
* number of days to monthly recurring billing cycle.
Any setup fees will be charged full setup fee pricing,
and are applied at time of initial request of such
services.
Payments
and Fees:
Payment is due on the defined monthly recurring
billing date of each month. Credit cards that are
declined for any reason are subject to a $10.00
declination fee. Service will be interrupted on
accounts that reach 21 days past due. Service interrupted
for nonpayment is subject to a $100.00 reconnect
charge. Accounts not paid by due date are subject
to a $10.00 late fee. Accounts that are not collectable
by Sound Web Development may be turned over to an outside agency
for collection. If your account is turned over for
collection, you agree to pay the company a “Processing
and Collection” Fee of not less than Fifty
($50.00) nor more than One Hundred, Fifty ($150.00)
Delinquent
Accounts:
Sound Web Development 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 webmaster@soundwebdev.com Include your domain name,
last name on credit card in your email.
Refunds
and Disputes:
All payments to Sound Web Development are nonrefundable. 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 Sound Web Development’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 shared hosting plans come with a 30 day money back promise.
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.
Hardware
replacement will occur within 1 - 8 hours
of the reported problem, Sound Web Development will refund 5%
of the monthly fee per additional 8 hours of down
time (up to 100% of customer's monthly fee). In
order to reduce replacement hardware downtime, we
keep a small quantity of pre-built systems on hand
to swap out Hard disks, so that your server can
be back up in the shortest amount of time. For Hard
disk failures, we keep pre-installed drives with
our standard partitioning for immediate deployment.
In order to request an SLA hardware violation credit,
you must email sales, within 10 days of reported
violation, at: sales@soundwebdev.com . SLA violations
will be reviewed by our personnel Monday - Friday
9AM to 5PM EST. *Hardware SLA violations do not
cover network violation*
TOS | SLA | AUP
