Term Of Services (TOS)
By submitting the online order form, or by using Techindo’s service, Customer hereby agrees to Techindo’s Terms of Service (TOS), Acceptable Use Policy (AUP), No Spam Policy (NSP), and Privacy Policy.
Unless otherwise specified, in this TOS, the AUP, the NSP, and the Privacy Policy, the usage of “us”, “we”, “our”, and “ours” shall refer to Techindo and all its parents, subsidiaries, successors, and assigns. The usage of “you”, “your”, “they”, and “them” shall refer to the Customer of Techindo.
Moreover, in this TOS, the AUP, the NSP, and the Privacy Policy, “Techindo” shall refer to Techindo, and all its parents, subsidiaries, successors, and assigns; unless otherwise specified, “Techindo” and “Techindo” shall have the same meaning and shall be interchangeable.
Customer agrees that it shall comply with this TOS, Techindo’s Acceptable Use Policy (AUP), and Techindo’s No-Spam Policy (NSP). Customer further agrees that it has read Techindo’s Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word “Agreement,” with a capital “A,” refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively.
1. General Terms.
In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions:
1.1. Customer agrees to pay, in advance of each monthly service term, for hosting services to be rendered.
1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order Techindo’s service for a certain minimum period of time.
1.3. Customer agrees to a no-refund policy in advance. Setup fees and monthly web hosting service fees are non-refundable.
1.4. Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 30 days.
1.5. Techindo is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for Techindo’s services.
1.6. Customers agree to pay all taxes applicable to your account.
2. Agreement for Services.
2.1. Techindo will provide, and Customer will purchase and pay for, the Web hosting services (the “Services”), according to the 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 Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.
3. Payment.
3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to Techindo.
3.1.1. Customer must pay in full for the Services before Techindo begins to provide the Services to Customer. Invoices are generated 5 days before renewal and customer agree that if paying by credit card, recurring billing will be billed and charged automatically on the date the invoice is generated and that Techindo may apply the amount due at any time to the credit card listed on file.
3.1.2. Setup fees will be charged and are due at the time of the Customer’s initial request of the Services requiring setup.
3.2. Payment is due on the defined monthly recurring billing date of each month. All returned checks will be charged a $20.00 service fee. Service will be interrupted on accounts that reach 5 days past due. Accounts that are not collectable by Techindo will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to Techindo a “Processing and Collection” Fee of not less than Fifty ($50.00) Dollars nor more than One Hundred Fifty ($150.00) Dollars.
4. Delinquent Accounts.
Techindo 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, and any collection fees to which Techindo may be entitled under this Agreement or under applicable law.
5. Account Cancellation.
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by email to billing@techindo.net which is provided on the Techindo Web site.
Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees.
Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that Techindo does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable.
6. Refunds and Disputes.
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO TECHINDO ARE NONREFUNDABLE.
All payments to Techindo are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in Techindo’s sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.
Without waiving any of its other rights under this Agreement, Techindo offers to its Customers a 30-day money-back guarantee on fees for hosting services only (the “30-Day Guarantee”). If for any reason you cancel your account by filling in the account cancellation form and submitting it to Techindo, within thirty (30) days of the beginning of your service, Techindo will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day Guarantee, your account will be canceled, but no money will be refunded to you.
Please note that the amount refunded to you will be the amount you paid for hosting services only, and will not include any of the following fees:
- * Setup fees,
- * Fees for domain name registrations,
- * Fees charged for exceeding your allotted disk storage space or bandwidth,
- * SSL certificate fees,
- * Web design fees,
- * Web site marketing fees,
- * Any add-on services, features, software, and
- * Any other fees for services involving a third party.
The 30-Day Guarantee is subject to all of the following limitations:
- o You are entitled to a maximum of one (1) 30-Day Guarantee.
- o If you do not cancel your account within thirty (30) days of the beginning of your service, your right to the 30-Day Guarantee shall expire forever and may not be revived under any circumstances, without the prior express written approval of Techindo.
- o You may not transfer or assign the 30-Day Guarantee to any third party.
- o You agree that you will not circumvent the restrictions on the 30-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:
- + Creating multiple accounts, using the same customer name or different customer names;
- + Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
- + Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
- + Knowingly providing false or misleading information when you register for your account; or
- + Requesting a refund under the 30-Day Guarantee at any time after you have already received a refund under that guarantee.
- o If you violate any provision of any of the following policies of Techindo, you will not be eligible for the 30-Day Guarantee:
- + Terms of Service (TOS);
- + Acceptable Use Policy (AUP); or
- + No-Spam Policy (NSP).
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from Techindo and does not apply to any changes to your service at any time.
7. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.
8. Techindo reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:
8.1. the Acceptable Use Policy, or
8.2. the No-Spam Policy.
9. Backups.
9.1. In order to allow us to provide the best service to you, Techindo accounts are backed up daily and weekly. However, these backups are intended for Techindo’s administrative purposes only, to allow us to provide excellent service to our customers. As part of its commitment to first-rate customer service, Techindo always seeks to create complete and accurate backups of customer accounts.
9.2. Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. THEREFORE, TECHINDO DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups.
9.3. Customers are responsible for maintaining their own backups on their own personal computers or other computers.
9.4. Techindo does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that Techindo’s backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of Techindo or any of its employees or agents, and regardless of whether Techindo had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.
9.5. In the event that you need to recover data from a backup, Techindo will use reasonable efforts to restore data to your account from the appropriate backup. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE BACKUPS. AGAIN, TECHINDO DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF ITS BACKUPS.
9.6. You understand and agree that Techindo’s backup policy does not create any warranties for whose breach Techindo can be held liable.
10. Customer agrees to defend, indemnify, and hold harmless Techindo, and the parents, subsidiaries, successors, assigns, employees and agents of Techindo against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
11. TECHINDO SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR
11.1. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF TECHINDO’S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
11.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
12. TECHINDO PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TECHINDO DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND TECHINDO SHALL HAVE NO LIABILITY THEREFOR.
13. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TECHINDO DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
