There
are no hidden fee’s so if you are searching
for them in small print, just a head’s
up.
Use
of WebDedicado’s Service constitutes
acceptance and agreement to WebDedicado’s
AUP (Acceptable Use Policy) as well as
WebDedicado’s TOS (Terms of Service),
WebDedicado's RAP (Resource Abuse Policy)
and WebDedicado's Mail Policy. From
herewith
in this TOS,
AUP, RAP, and SLA,
the usage of “us”, “we”, “our”, “ours”
shall constitute reference to WebDedicado,
the usage of “you”, “your”, “they”, “them”
shall refer to client / customer of WebDedicado.
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
WebDedicado, that you are agreeing to
our TOS, AUP, RAP, and SLA. No Modifications
of said contract by customer is allowed.
2.
WebDedicado 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, RAP, 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 WebDedicado 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.
4.
We reserve the right to discontinue and/or
refuse to provide service to any client
or party at our sole discretion.
4.
All stated terms contained within this
contractual agreement are subject to
change without prior written notice as
any updates may openly be viewed at our
site, http://www.webdedicado.com. In
addition, we reserve the right to make
modifications to such terms contained
herein at our sole discretion as deemed
necessary by management.
What
may not be hosted on our network:
Illegally
posted materials will not be tolerated
on our network. These include:
-
Copyrighted Material
- Any kind of pornography
- Credit Card Fraud Information
- Copyrighted media, includes but not
limited to: Video, Music, TV, Radio
If
you find any of the above materials hosted
on one of our web servers, please report
to abuse- @ -webdedicado.com.
Additionally,
we reserve the right to ban the use of
applications which allow the proliferation
of unsolicited email from our network,
or which decrease the performance of
our servers thus bearing on the quality
of service we may provide to other customers.
Network
Uptime is the total time in a calendar
month that WebDedicado network is available
through the Internet, provided that Client
has established connectivity. WebDedicado
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 WebDedicado’s Network as
confirmed by WebDedicado. 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 WebDedicado 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
http://www.webdedicado.com/sla.php
·
Performance Credit exclusions: The following
are excluded from the monthly calculation
of Service Availability: · Scheduled
downtime · Problems outside of WebDedicado’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
Resellers:
·
Reseller confidentiality and support
agreement:
We,
WebDedicado.com, provide our resellers
an opportunity to resell and manage services
resold to third parties. Your name, company
or private, in relation to WebDedicado.com
will be kept anonymous as best possible.
As
a reseller of services, you, the reseller,
are responsible to provide direct support
to your clients. Please be advised that
we, WebDedicado.com, will not provide
third party technical support to the
clients of resellers and are not responsible
to provide such under any circumstance.
Payment:
Establishment of this service is contingent
upon receipt of payment from Customer
to WebDedicado. 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 10 days past due. Service
interrupted for nonpayment is subject
to a $200.00 reconnect charge. Accounts
not paid by due date are subject to a
$7.95 late fee. Accounts that are not
collectable by WebDedicado will 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)
Account
Transfers and Fees:
We only accept requests for hosting account
transfers which are hosted on cPanel
servers version 3 and above. cPanel account
transfers are free for up to 10 accounts.
Each cPanel account transfer over 10
will require a $1.00 fee per each account.
Transfers are not guaranteed as remote
server problems and other issues may
render cPanel account transfer impossible.
In such cases a refund will be made for
any transfer fees paid.
In
the event that data is missing in new
account after transfer WebTek Services
or any employee, will not be held responsible
for such data loss.
Delinquent
Accounts:
WebDedicado 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.
Delinquent
Reseller Accounts:
Should your reseller account become delinquent,
and payment not made to WebDedicado,
resulting in a suspension of service
you will have 48 hours to make restitution
for the delinquent balance. Any account
left unpaid after 48 hours of suspension
and reseller not contacting the WebDedicado
billing department to resolve the issue
will allow for the reseller's client
to be able to purchase the server directly,
and assume financial responsibility from
that point forward. The balance must
be paid entirely
by the client prior to lifting the service
suspension. Resellers shall not hold
WebDedicado responsible for failure to
appropriately pay their invoices in a
timely manor set forth in your original
contracts.
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 sales-- @ --webdedicado.com Include
your domain name, last name on credit
card in your email.
Refunds
and Disputes:
All payments to WebDedicado are nonrefundable.
This includes any setup fees, monthly
fees, and yearly hosting 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 WebDedicado’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.
Suspension
and Cancellation:
Company will use reasonable care in notifying
the Customer and in resolving the problem
in a method resulting in the least amount
of service interference as reasonably
possible. Company reserves the sole right
to suspend service to any Customer located
in our datacenter for violation of the
AUP without notice. Company reserves
the right to terminate service without
notice for any violations of the AUP.
Violations
of the AUP will result in the following:
*
A warning notification via email, Orbit
trouble ticket or telephone with 72 hours
notice for resolution.
72
hours is the standard notification; situations
involving law enforcement, phishing,
fraud, password harvesting, network interference,
Denial or Disruption of service, IRC
mis-use, or other malicious activity
can reduce the notification time frame.
Failure
to resolve the AUP violation within
72 hours will result in the following:
*
Removal of the violating content or service
* Removal of DNS for the server
* Temporary shutdown of the server
* Block on outgoing mail
* IP address routing to null
Repeat
violation of the above terms will result
in the following actions:
*
Immediate disconnection of service with
no re-activation.
* $100 fee assessed to Customer account
for violation.
Pro-rated
refunds are only issued in regards to
upgrades and downgrades of an existing
hosting plan. Payments made on a monthly
or yearly basis after upgrade are still
nonrefundable, however the customer is
not obligated to continue their subscription
past the month or year last paid for.
30
Day money back Guarantee:
All shared hosting, reseller hosting,
and windows 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. Dedicated Servers do not
fall under this policy due to the labor
involved in setting them up and also
cost.
Dedicated Server Restore:
WebDedicado is not responsible for the
restoration of data to server. We strongly
recommend that your purchase backup options
for your server, and keep copies of your
data off-site with you for emergency
purposes. If hardware failure and data
loss occurs, you the client are responsible
for data restoration. WebDedicado shall
not be liable for loss of data under
any circumstance.
Hardware
replacement will occur within 1 - 8 hours
of the reported problem, WebDedicado
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-@-webdedicado.com
. SLA violations will be reviewed by
our personnel Monday - Friday 9AM to
5PM EST. *Hardware SLA violations do
not cover network violation*
Bandwidth
usage and limitations:
All server plans include an allocated
continuous data transfer rate of 3.75
Mbps in a 30-day calendar month, which
is an approximate quantity of 1,200 GB
of data transfer. If your monthly average
usage exceeds the bandwidth transfer
rate of 4.0 Mbps within your 30 day billing
cycle, you will be billed for total average
usage based on 95th percentile metering
and will be liable for overages exceeding
your monthly allocation. In accordance
to these terms of service, you, the client,
agree to pay such overages
at the rate of $75.00 per 1 Mbps.
If
you anticipate high bandwidth usage,
please contact our sales department,
sales-@-webdedicado.com, for further
information on the availability of other
plans with higher bandwidth transfer
allocations.
Note:
1 Mbps of continuous transfer in a 30
day period ~ 320 GB of data transfer.
Further
in-depth information on 95th percentile
metering may be found on the following
site: http://www.seanadams.com/95.
Dedicated
Server Cancellations
We require at least 5 days before your
next monthly billing cycle. Please email
the dedicated server cancellations department
at sales-@-webdedicado.com. If you fail
to process cancelation in under 5 days
the next month will be charged and canceled
at the end of the billing cycle.
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