This Standard Terms and Conditions for Sales Agreement (Agreement) contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from Invictus International INC (The Company) or any of its subsidiaries or affiliates. By accepting delivery of the product(s) purchased from TserverHQ and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for a product(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and TserverHQ. These terms and conditions are subject to change without prior written notice at any time, in TserverHQ's sole discretion. By accepting these terms of service you also accept the Company's:
- We us and/ or our means Invictus International INC(TserverHQ.com)
- "Company" means Invictus International INC(TserverHQ.com)
- You, your, client or customer means the individual or entity named on the invoice, and or is paying for the service.
- Day or Days are defined as starting from 12:00 am MST and and take an entire 24 hour period.
Payment Terms, Orders, and Interest
Listed prices are in United States dollars and, unless noted, exclude any taxes that may be imposed by the legal authority that governs the jurisdiction in which you are located. We reserve the right to cancel an order and/or transaction, in full or in part. Terms of payment are within the Company's sole discretion, and unless agreed to in writing by The Company, payment must be received by the Company before The Company's acceptance of an order. invoice amounts are due and payable within the period noted on the invoice, measured from the date of the invoice. The Company may invoice parts of an order separately. You agree to pay interest on all/every past-due sum at the highest rate allowed by law. The Company is not responsible for any of the pricing, typographical or other errors in any offer by and we reserve the unilateral right to cancel any orders resulting from such occurring errors.
The Company may utilize a variety merchants or methods to accept payments online or in person. Any third party merchants or processors that create or maintain information on their client side is beyond the controlling powers of the Company. The Company is not responsible of any damages or losses incurred from the use of these services. You have the sole responsibility of terminating any subscriptions, contracts and/or agreements with any third party merchants or processors. Any payments sent to The Company beyond what is properly invoiced to you will be applied to your account in the form of credit. You acknowledge that The Company has no control over any third party merchants or processors and that any payments sent to us from said parties were from the direct actions of yourself. You waive the right to any disputes, charge backs, credit reductions or any other reversal of funds when said funds are sent from yourself either directly or through any subscription, contract and/or agreement with said party. It is the sole discretion of the Company to grant any refunds for any transactions.
The Company's staff, promotions, or features may add credits to your account for a variety of reasons. Any credits that may be applied to your account have a zero (0) cash value, and have no monetary value outside of TserverHQ.com. Credits also cannot be redeemed for any goods or services outside of TserverHQ.com
There is a twenty ($20) dollar USD service fee per service for all disputed payments. This will be billed to your account once the dispute has settled regardless of outcome.
Continual Invoicing is one feature we offer to keep you informed at all times when your next charge will be due. We will send out invoices when automatic payments or subscriptions are in place. You are notified in writing on every invoice that you should not create any additional subscriptions or agreements if you already have one active subscription or agreement with your third party merchant or processor. You are responsible for reading your invoice in its entirety. Failure to follow directions on any invoice sent will not be the responsibility of The Company
First 30 days from initial order
The Company makes use of an innovative 30 day money back guarantee. You understand and agree that any refunds during this 30 day period are partial and subject to the deductions listed in this agreement. Any additional payments or transactions in relation to the account beyond the initial purchase amount are not covered under this 30 day policy and are non-refundable.
To receive your refund you must make your intentions clear within the first 30 days of your initial order by opening a ticket in our billing department and politely explaining your situation and the reason for your request. Any products that are no longer active (canceled or terminated) will not qualify for the refund. Additionally if refund deductions are equal to or greater than the invoiced amount you will no longer qualify for a refund.
Breaking any provision within this agreement will disqualify you from and and all refunds. Additionally and SLA credits, or manager approved rewards to your account are null and void if you descide to invoke your 30 day refund option.
After first 30 days from initial order
No refunds of any kind are possible after your first 30 days of service. Any recurring payments, or transactions for any length of time after your first 30 days also do not qualify for refunds in any amount.
You agree that all refunds will have the following amounts deducted from the total of each service:
(a)A service fee of $1.00 USD + 7% of total amount paid. (b)Deduction for time from when said payment is tendered to when said service is closed. This amount is calculated based from midnight to midnight MST. Any time falling within a calendar day is counted as a full day. (c)$1.00 USD per ticket response from any support staff in ticket system within invoiced period of said refund. (d)$3.00 USD per live help conversation in relation to your account. (e)Any other additional fees aquired in a provision of this agreement.
It is the sole discretion of the Company to exclude any of the aforementioned refund deductions from the refunded amount. Any removal of these deductions does not void any section of this agreement. The Company also agrees that no agent of the Company has the authority to increase the above deductions without written notice from a director of the Company to said agent and client.
You agree that the Company will not refund any group pay contributions for any reason. All product addons, and domain sales are final and will not be refunded at anytime.
Abuse & Breach
a. Any abuse of Company Services is a breach of this agreement. Determination of what constitutes Customer's Abuse will be at the sole discretion of the Company. Customer's Abuse includes Customer's use of Company Services to engage in criminal activities (including child pornography and fraud), infringement of third party intellectual property rights, display or communication of vulgar, offensive, defamatory, or threatening materials, use of Company Services that disrupts the normal use of Company Services for other customers of the Company or Customer's customers, spawning processes, consuming excessive amounts of memory, CPU and/or bandwidth, spamming or mass emailing (whether or not it overloads a server or disrupts service to the Company's customers), unauthorized access to or use of data, systems, or networks (including any attempt to prove, scan or test the vulnerability of a system or network, or to breach security or authentication measures without express authorization of the owner of the system or network), and interference with the Company's provisions of Company Services to any user (including mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks). Without limiting the scope of the foregoing, the Company specifically forbids the storage of illegal or pirated software, the use of any type of IRC bot and/or proxy (including 'bnc' and 'eggdrop'), the storage or use of any type of software intended for hacking or cracking purposes, the storage or sale of unsolicited bulk email lists intended for spamming or resale purposes, and the forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Customer understands, acknowledges, and agrees that Customer's Abuse is just cause for the Company to immediately terminate this agreement and any and all provision of Company Services to Customer.
b. Disciplinary Measures. In the event of Customer's Abuse, the Company may implement, at the Company's sole discretion, any disciplinary measure, including warning, suspension, or termination of Customer's Account and all provision of Company Services to Customer. If Customer has been suspended, and the Company chooses to repeal the suspension, the Company may, at its sole discretion, charge Customer a reconnection charge before the Company provides any further Company Services to Customer. Customer acknowledges and agrees that if a Customer's Account has been suspended or placed on hold, the Company may redirect visitors of the particular Customer's web site to the Company's technical support web page. Customer further agrees to indemnify and hold harmless the Company, any third party entity related to the Company (including third party vendors), and the Company's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of action, including any and all legal fees and expenses arising out of or relating to the Company placing Customer's Account on hold.
c. Monitoring. The Company reserves the right, and Customer consents, to the Company monitoring Company Services and the content on Customer's web site(s) to determine whether or not Customer is using Company Services in compliance with the agreement. However, Customer understands and acknowledges that the Company does not monitor Customer's communications, activities, or web site content as a general practice, and the Company expressly disclaims that it maintains any such general practice.
d. Misclassification. Customer acknowledges that Customer's activity may be misclassified as Customer's Abuse. A Customer who believes that Customer's activity has been misclassified may appeal to the Company's Technical Support Manager. Determination of whether or not Customer's activity is indeed Customer's Abuse is at the Company's sole discretion. Customer further agrees to hold harmless the Company, any third party entity related to the Company (including third party vendors), and the Company's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of action, including any and all legal fees and expenses arising out of or relating to the Company misclassifying Customer's activities as Customer's Abuse.
e. Breach of the agreement. Customer agrees to report to the Company any breach of the agreement by Customer, any other customer of the Company, or anyone else using Company Services or associated with the Company. If Customer is unsure of whether or not a particular activity constitutes a violation of this agreement, Customer must notify the Company and the Company may make such determination. The final determination of what constitutes breach of the agreement will be at the Company's sole discretion.
f. Civil &/or Criminal Liability for Breach. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY BREACH OF THIS AGREEMENT BY CUSTOMER MAY RESULT IN CIVIL ACTION AND/OR CRIMINAL PROSECUTION.
g. Offensive Content. Offensive content is prohibited on the TserverHQ.com network either published or transmitted via the TserverHQ.com network. Content which is deemed to be offensive includes but is not limited to material such as: child pornography; excessive violence; harassing content; defamatory or hate speech; promotes illegal products and / or activities
h. Suspicious Activities and Attacks. TserverHQ.com has no obligation to monitor its network services. If suspicious activities are noticed within the network TserverHQ.com has the right to investigate the suspicious activities and act accordingly as it deems appropriate. TserverHQ.com has the right to disable network services and / or terminate the service if it suspects violations of this agreement. Suspension or termination of the service will be executed without first giving notice. If infringements are found through investigations the Customer will be charged $300 per hour in addition to attorney?s fees and related expenses. If attacks occur and in any way cause interference with the TserverHQ.com network the service will be disabled and / or terminated indefinitely even if the Customer is not at fault. The Customer is held completely responsibility for the use of TserverHQ.com service which includes; transfer bandwidth and use by unauthorized users and / or hackers. The Customer is ultimately responsible for maintaining security, including disaster recovery systems and backups. TserverHQ.com does not issue refunds for terminating service due to any of the causes specified above.
Suspensions & Cancellations
The Company reserves the right to cancel your service at any time due to lack of payment, or any breach in this agreement. Your service will be suspended without your consent and without prior notice until the conditions for why you were suspended are satisfied to the Company. The Company is not responsible for the management or timely manner in which you pay. Any services that are overdue for one(1) day will be automatically suspended. Any service that is overdue for a twenty five (25) day period will be automatically terminated without the possibility of recovery. You acknowledge that any data, settings or any other materials related to your service will be inaccessible and after your termination will be destroyed without the possibility of recovery.
Cancellation requests are for your convenience. These requests are processed every day at 10:00 AM Mountain Standard time (5:00 PM GMT) by our automation software after they are submitted. Cancellations only process your request within our systems and requests do not cancel any agreements with any third party merchants or processors. Any agent of the Company that is in communication with you cannot submit any cancellation requests for you. Submitting any cancellation requests through email, written letter, telephone or any other form of communication other than the official cancellation feature easily found within TserverHQ.com will be considered null and void.
Cancellation requests fall under two categories: Instant and End of Billing Period. Instant cancellations will immediately cancel your service terminating your servers, users, settings, and all data at the moment of your request. At this point you will no longer have any ownership to any related services you may have, and you waive the right to any refunds, leftover time, or monetary value until your next invoice. End of Billing Period will terminate your service on the date of your next invoice. Upon termination our automated system will delete your servers, users, settings, and all data. Using End of Billing Period will allow you to continue using your server until your next pay period.
The customer agrees to defend, indemnify, and hold harmless the company, its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to the customer in connection with the service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, the customer or any third party user of the service relating to all provisions stipulated above
All software is provided subject to the license agreement that is part of the package you receive from The Company or its developers. You agree to be bound by the license agreement once the software is downloaded or used. The Company does not warrant any software under this Agreement.
The Company may offer "instant setup" of some or all of its services. This service is depended on you following all specified guidelines at the time of purchase. If these guidelines are not met this service will not properly activate and you will not receive your "instant setup." You agree that if you do not follow the posted guidelines at time of purchase you have the sole responsibility to contact The Company with your request to activate your service manually. The Company reserves the right to take forty-eight (48) hours to manually activate said service once written notice has been given through our official support system.
The Company is not responsible for any troubles, malfunctions, conditions, bugs, or abilities for our services to work on your computer software. We guarantee that our service will be active and functioning under our SLA. You agree that if you are not able to get your related service to work on your system due to any asset not expressly owned by The Company you are still responsible for the payment and management of our working service regardless of your local or remote functionality.
The Client understands that The Company may, without notice temporarily stop any service if it has been inactive or unused for an extended period of time. If this has been done you can log into your control panel and start the service again instantly. Services that have been inactive / unused for extended period of times and are stopped by an administrator do not quality for SLA credits for the time the server is stopped.
The Company offers backup services that are automatically implemented at the time of purchase. These backups are solely for the purpose of restoring system wide damage. We do not guarantee the quality or functionality of any backups. We do not make it a practice of restoring individual client data. Any request for individual restoration of data will have a required service fee of $120 for the first 2 hours and an additional $60/hr afterwards. The Company is not responsible for any loss, or corruption of data, and you should keep a personal copy of all data when possible.
The Company may at times offer promotional items to clients. Any promotional item equal to or in excess of 90% is exempt from they ability to cancel with the end of cycle option, receive SLA credits, and will receive limited support for the duration of the promotion. We reserve the right to shut off any service that is taking advantage of a free trial offer or promotional item equal to or in excess of 90% at anytime to.
Compromised & "Hacked" Service
If at any time it is determined that any service provided by the Company has been compromised at no fault to the client of any users within that service; we agree that we will remedy your service without delay, free of charge. A compromised service that was due to actions of any user within that service are not the responsibility of the Company.
At the user's request we will provide customized recovery services for a user compromised service at a rate of $60 for the first 2 hours and an additional $30/hr. This service fee is for repair and recovery of data within a compromised service that was due to actions of the client or any user within that service. Alternatively you have the right and option to simply erase all data and services and have the Company recreate your service, free of charge. The Company reserves the right to terminate any service without refund or reimbursement for any repeat occurrences of compromised or hacked systems due to the actions of the client or any user within that service.
99.8% uptime - money back guarantee
We guarantee a minimum of 99.8% network availability. With our Carrier Class network, we aim to attain 100% Service Uptime. If you find that we fail to meet this promise, we will refund 1 day's service for every hour that connectivity has been unavailable over and above 0.2% of the month, up to a maximum value of one half one months service.
To qualify for the SLA you must be able to provide verifiable proof via tracert that your server is unreachable. If the problem cannot be replicated by our administrators you will not qualify for the SLA refund. Any acts of God, Nation, Network Attacks, or other uncontrollable factors by either party that affect our uptime will void the SLA for the affected period of time. All SLA refunds will be returned in the form of credit to the account with no cash or monetary value outside of the Company.
The Company offers top of the line 24 hour support through your websites support system. You understand and agree that the Company offers support as a courtesy and is not included in your purchase price. We do not offer support via: email, phone, mail or any other form of communication other than those requests submitted through the TserverHQ.com website's ticket support or live chat system. We reserve the right to refuse support, without refund to any individuals for any reason regardless of service status.
The Company utilizes ticket systems within their sites to quickly and efficiently address and take care of the questions and concerns of our customers. You agree that you will only open one (1) ticket per subject and occurrence. Opening multiple tickets within our system for each response or for the same occurrence creates congestion and delays your response times. The Company offers no guarantee that your support related responses will be replied to in a timely manner due to not following these guidelines. You will be notified once to discontinue using multiple tickets. We reserve the right that any further occurrences may result in the denial of support or termination of service without refund.
You agree that you will not perform any absuive actions or threaten to perform any abusive actions. Abusive actions include but are not limited to: defame, abuse, harass, insult or create a negative environment to any agent of the Company or the Company. Any act that is deemed to have fallen within the above guidelines will result in the immediate termination of services, communications, and relationship including, but not limited to banishment without refund for any reason. Any continued acts will result in a cease and desist notice from our legal counsel. Further actions will result in the lawful pursuit of retribution to rectify the damage of your actions.
If any 3rd party mediator or agency is involved in any support or service related matter all in-house support will stop. You agree that all communications must then take place solely with said mediator until the issue is resolved.
You are responsible for the maintaining and proper maintenance of your service. The Company does not guarantee any offer of any trainings education or support on the use of their service. Agents of The Company will try their best to help you, but we cannot continually guide you through the basics of home computing.
To ensure a safe environment for our customers; no agent of the Company may provide any information over an unsecured form of communication (non-customer ticket support, or live chat) that: (a) Is in relation to any aspect of billing, transactions or payments. (b)That is deemed to carry sensitive service related information. (c)Would reveal any details of customer identity or information.
LIMITATION OF LIABILITY
The Company (The Company) DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. The Company WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, THE COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.
You and The Company agree that any claim, dispute or controversy, whether in contract, or otherwise, and whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims ("Dispute") against The Company, its shareholders, directors, employees, agents, successors, assigns or affiliates arising from, in connection with or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), The Company's advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (available via the Internet at http://www.arb-forum.com under its Code of Procedure then in effect. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 United States Code, sections 1-16. Any award of the arbitrators shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.
This Agreement and any sales hereunder shall be governed by the laws of the state of Utah, without regard to conflicts of laws principles, and excluding the United Nations Convention on the International Sale of Goods.
You will not register or use any Internet domain name that contains a The Company's trademarks or trade names (i.e.The Company) in whole or in part or any other name that is confusingly similar thereto. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired.
© Copyright 2007-2011 Invictus International Inc