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his legally binding contract (the “Agreement”) is by and between YouGetHost and you and your assigns, employees, agents, or contractors (“You”, “Your”, the “Client”) and is effective as of the date you purchase hosting services from YouGetHost. This Agreement sets forth the terms and conditions of Your use of YouGetHost’s services (collectively, the “Services”) and represents the entire agreement between You and YouGetHost relating to the Services. This Agreement contains provisions that set forth YouGetHost’s Acceptable Use Policy, Privacy Policy and guarantees of a certain service level (found in the sections below).
By purchasing the Services, You acknowledge and agree that You have read, understand, acknowledge, and agree to be bound by all the terms and conditions of this Agreement, along with any new, different, or additional terms, conditions, or policies that YouGetHost may establish and post on its website from time to time.
Ownership and Services Purchased
The individual or entity set out in our records as the primary billing contact shall be the owner of the account.
The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased (“Service Description Page”) based on their description on the Service Description Page as of the Effective Date, as defined below. YouGetHost may modify the products and services it offers from time-to-time. Should the Service Description Page change subsequent to the Effective Date, we have no obligation to modify the Service to reflect such a change. The services and products provided to you by YouGetHost as set out on the Service Description Page, are referred to as the “Services.”
Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. You may terminate this Agreement if such a change materially affects the Services.
Terms of Agreement
This Agreement becomes effective immediately when Customer clicks “I Agree.” (“Effective Date”) and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of YouGetHost, or by the posting by YouGetHost of a revised version.
The term of this Agreement is set to the Customer’s billing term (“Term”). If no Term is set out, the Term shall be one (1) year. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, unless one party provides notice of its intent to terminate as set out in this Agreement.
Payments and Billing
Fee for Services ordered by You shall be charged beginning on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one-time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month. All fees are billed in United States Dollars (“USD”) and are subject to change with thirty (30) days prior notice to you.
Your “Billing Term” is the period of time you have chosen to receive bills for the Services. For example, your Billing Term may be monthly, quarterly, or annually.
YouGetHost is only able to automatically collect payment from customers with credit cards stored on file (as opposed to credit cards used one for one-time transactions) or active PayPal subscriptions. All other payment methods (one-time credit card payments, check, money order, PayPal one-time payments, etc.) must be initiated manually by you. It is your obligation to ensure that reoccurring fees are paid on their due date.
As a customer of YouGetHost, it is your responsibility to ensure that all billing information on file with YouGetHost is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. YouGetHost screens all orders for fraud and other unethical practices. Services will not be activated until this fraud screen is completed. In certain cases, if your account is flagged for fraud, third party services, such as domain name registrations, will not be processed. YouGetHost has no liability for the failure to provide Services, including third party services, if your account fails its fraud screen.
Late Payments and Termination
YouGetHost reserves the right to charge a late fee of 15% of due invoice or $3 which one is greater per invoice per month on late payments as a penalty. Invoices will be automatically considered late 1 day after the invoice is marked as overdue.
In the event you fail to pay your invoice within 5 days of the due date, we reserve the right to suspend your service.
If you are still past due 14 days after the initial due date, we reserve the right to terminate your service entirely and reformat your server.
YouGetHost is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, YouGetHost reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.
Overage Billing
“Overage” is defined as usage of the Services provided by YouGetHost to You in excess of the allocated limitation. Overages are charged for Bandwidth and Professional Services (administrative time) used in excess of the amount allocated to Your account. You agree to pay the then-current Overage fees and charges for the YouGetHost services, including Administrative actions and bandwidth Overage fees, upon receipt of an invoice. Overage rates are $15.00/hour for administrative fees, and $0.10/GB of Premium Bandwidth, billed in 100GB Blocks Overage fees can be avoided by subscribing to a higher service plan.
Cancellation and Refunds
YouGetHost is not able to schedule cancellation for a specific time or date. To submit a cancellation request, please log in to your Client Portal, and request a cancellation under “My Services.” When you request cancellation, we will follow this process: We will first contact you to confirm the cancellation and verify that you are authorized under your account to cancel it. Then, we will immediately suspend billing and cancel the account. We are not able to provide scheduled cancellations and all cancellations are effective either immediately or at the end of your billing cycle. Regarding mid-month or mid-period cancellations, YouGetHost will not issue pro-rated refunds for cancellations received in the middle of a payment cycle. Refunds will not be given on a pro-rated basis for Services provided in a given billing period. Receipt by you of any Services in a given period will obligate you to pay for the Services during that entire billing period.
Money Back Guarantee Terms and Termination
YouGetHost offers a 30-day Money Back Guarantee. This guarantee applies to shared hosting, java hosting, reseller hosting packages and for the annual billing period only. For monthly or any other term of billing we offer 15 days Money Back Guarantee. Once you cancel the service refund will be made within 10 days and if accounts cancelled/terminated by YouGetHost due to any violation of Terms or AUP do not qualify for the 15- or 30-day money
