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Terms Of Service

Terms Of Service

This Terms Of Service is effective as of the date customers purchase services from AlphaElite LLP and it supersedes any other written or verbal policy. By purchasing our services, you consent to be bound by and must comply with all terms in this TOS. We exclusively reserve the right to amend, revise or change this TOS at any time without prior notice. You acknowledge and agree that it is your responsibility to review this TOS periodically to be aware of any revision. All changes will be effective upon being posted at this location. Your continued use of our services after such modifications constitutes your acknowledgement and agreement to abide and be bound by the modified TOS.

Payments and fees

Full payment is required in advance before services are established. Invoices will be generated and mailed out 14 days before they are due. Customers will receive an email reminder of the generated invoice 3 days before the due date. The accepted forms of payment are bank transfer, cash deposit, credit card and cheque. Cheques must be received at least 3 working days prior to the invoice due date. Administrative fees of $30 will apply to bounced cheques and $50 for illegitimate charge backs. Non-receipt of payment will result the addition of a $10 late fee immediately after payment due date and suspension of service(s) on the 14th day following payment due date. To have your service(s) re-established, full payment of outstanding charges plus a reactivation fee of $20 must be paid. Your account will be terminated and deleted 30 days after date of suspension if left unpaid. If a service is suspended due to non-payment, it will only be reactivated once payment for the outstanding charges of other services (if applicable) has been received in full. From time to time it may be necessary to make adjustments in the fees and surcharges charged for the services in order to cover certain changing costs (e.g. power) incurred by AlphaElite LLP in providing the services. Such adjustments will be reflected on the statement or invoice provided to you for the services, and you agree to pay for the fees and surcharges for the services, as adjusted.


Account cancellation


Client must submit service cancellations by opening a ticket through our Client Support Panel at least but not more than 7 days before the end of the service's billing cycle. The service will be cancelled immediately upon receipt of the ticket unless specified by the client to cancel at the end of the billing period. Cancellation requests are not accepted through phone, email, or any other method. If your notice of cancellation is not received within this time frame, you will be liable for payment of the preceding month/year and hereby agree to complete payment as invoiced accordingly. In the event that you request for account cancellation, once your service has been cancelled, your account will be suspended from use with immediate effect. It will then be deleted within 30 days.

Refunds & billing disputes
All payments to AlphaElite LLP are non-refundable except for our 7-day money back guarantee promise. Client shall not be entitled to any refunds, pro-rated or otherwise, in the event of early service termination. All overcharges or billing disputes must be reported within 14 days of the invoice date. You agree that you must first contact AlphaElite LLP to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. If you dispute a charge to your credit card issuer or payment provider (chargeback) that in our sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay AlphaElite LLP an administrative fee of $150.


Domain names

Upon registering your domain name, you are bound by the terms of the registration service's then current domain name policy and the policies of the national DNS registration authorities. AlphaElite LLP will not refund any fees you paid with respect to the registration of a domain name you are unable to use. AlphaElite LLP will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. We do not undertake the responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by submitting a ticket via the Client Support Panel.


Bandwidth

In the event that the monthly allocated bandwidth has been exceeded, client agrees to pay AlphaElite LLP any additional fees for bandwidth overages within 14 days of the invoice date at the prevailing rates per GB of bandwidth used in excess of the allocated amount. Failure to comply with this will subject the service(s) to suspension. Unused bandwidth allocations cannot be carried over to future months. In certain cases, "unusual" traffic patterns may result in the suspension of services(s) without prior warning.


IP allocations

All IP addresses which are assigned to client must be justified per ARIN Guidelines at http://www.arin.net/policy/nrpm.html. If it is determined that IP addresses which have been assigned to client are not being used in accordance with these guidelines, they may be revoked.


Courtesy transfer service

AlphaElite LLP performs all account transfers, account moves, DirectAdmin transfers, and any other service which involves AlphaElite LLP copying files of yours from a third party service to your AlphaElite LLP service, hereafter known as a "transfer" as a courtesy service only. By requesting AlphaElite LLP to perform a transfer, you agree to indemnify and hold AlphaElite LLP harmless from any and all liability arising from the transfer and/or copying of your accounts. You also agree AlphaElite LLP is not responsible for any issues relating to the transfer of your accounts, both on your AlphaElite LLP service and at any other third party service from which AlphaElite LLP may be transferring your accounts from, including but not limited to, missing or corrupted files, improperly transferred accounts, any and all fees you may incur from third party services such as bandwidth fees or charges from delays in transferring account, settings or files from third party providers which may not transferred, any downtime or outages, DNS problems, accounts set up on incorrect IP addresses, any issues at third party services which delay or prevent AlphaElite LLP from performing the service, or any other issues. AlphaElite LLP makes no guarantees regarding the availability of our transfer service or the amount of time it takes to perform transfers.


Money back guarantee

You must provide us with a reason as to why you are choosing to cancel our services. We are the sole arbiter in determining the validity of your reason. If all possible steps were taken on your side and on ours to correct the situation a full refund will be issued. Fees for certain services, including but not limited to domain name registration, software licenses, IP address charges, setup fees, SSL certificates, labour charges are non-refundable.

Excessive resource usage policy

This policy applies to shared and reseller accounts. Resources are defined as CPU and/or RAM utilization. A website is considered using "excessive amounts of resources" when it monopolizes the system resources available, using an average of 5% or more, within a 24-hour period. There are numerous issues that could cause such problems, this includes: cgi scripts, FTP, HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using "excessive resources" will be asked to upgrade his/her package to one of our virtual private servers or dedicated server offerings or to seek alternative hosting arrangements. AlphaElite LLP will be the sole and final arbiter as to what constitutes a violation of this policy.


Suspension

In the event your website has been suspended for resource abuse (abuse that cannot be resolved by removing/changing a script etc) and you do not wish to upgrade to a dedicated server to accommodate your site’s needs, we will only release the suspension within 24-48 hours. This is to ensure the CPU intensive site slows down in traffic to avoid further damage and problems. A backup will then be provided of your files or you will be allowed FTP/DirectAdmin access for a certain time period.


Spam and unsolicited commercial email (UCE)

AlphaElite LLP takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of AlphaElite LLP may not use or permit others to use our network to transact in UCE. Customers of AlphaElite LLP may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

Violation of AlphaElite LLP's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, AlphaElite LLP will initiate an immediate investigation (within 48 hours of notification). During the investigation, AlphaElite LLP may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, AlphaElite LLP may, at its sole discretion, restrict, suspend or terminate customer's account. Further, AlphaElite LLP reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. AlphaElite LLP will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that AlphaElite LLP personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

As our Customers are ultimately responsible for the actions of their clients over the AlphaElite LLP network, it is advisable that Customers develop a similar, or stricter, policy for their clients.


Backup

We perform routine daily backups of all users' data. AlphaElite LLP’s is not responsible for any user's data and all users are encouraged to perform their own daily backups. If a user is responsible for data loss, AlphaElite LLP’s may charge a one-time $20 data restoration fee, per incident, that requires a restore of backup to the user's account.


Tortuous conduct


Any abuse towards any AlphaElite LLP employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing, calling or submitting online tickets to us. Any cursing, yelling, or further intentional disruptive behavior aimed at AlphaElite LLP or its employees shall be considered a violation of this Terms of Service agreement.

Any threat; whether orally, verbally, in written, via E-mail, via Live Chat, delivered by second parties or delivered in any other way, and directed towards AlphaElite LLP or any of AlphaElite LLP's employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of this Terms of Service agreement. Threats of physical violence will be directed to the proper authorities.


No refunds shall be given when the above Tortuous Conduct clause is violation and necessitates the termination of an account or services.

Disclaimer of warranty


AlphaElite LLP makes no warranties or representations of any kind for the services being offered. the service is provided on a "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose.

No advice or information given by AlphaElite LLP or its agents or employees shall create a warranty. AlphaElite LLP provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall AlphaElite LLP be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with AlphaElite LLP service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on AlphaElite LLP’s servers that such information becomes available to all Internet users and that AlphaElite LLP has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of AlphaElite LLP’s servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through AlphaElite LLP or on the Internet generally.


Limitation of liability


In no event shall AlphaElite LLP be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, suffered by you or any third party, whether in an action in contract, tort or strict liability or other legal theory, even if AlphaElite LLP has been advised of the possibility of such damages. In no event will AlphaElite LLP's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the services during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. The provisions of this agreement pertaining to uptime guarantee apply to credits available to you for system downtime.


Indemnification


You agree to indemnify, hold harmless, and defend AlphaElite LLP and all directors, officers, employees, and agents of AlphaElite LLP from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) arising out of or relating to the use of our services by you, including any violation of the Acceptable Use Policy. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.


Force majeure


AlphaElite LLP shall not be liable for failure or delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the services.


Disclosure rights

This Agreement specifically prohibits the use of the Services for illegal activities. Therefore, you agree that AlphaElite LLP may disclose any and all of your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to you. In addition, we shall have the right to terminate all Services set forth in this Agreement.

Non-waiver

Client agrees that AlphaElite LLP's failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by AlphaElite LLP of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice AlphaElite LLP from exercising thereafter the same or other rights, remedies, or options.


Assignment and severability


This agreement shall be binding upon and inure to the benefit of you, AlphaElite LLP and their respective successors, and assigns. You may not assign this agreement without the prior written consent of AlphaElite LLP, which consent will not be unreasonably withheld. If any provision of this agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this agreement shall remain in full force and effect.


Miscellaneous provisions

We reserve the right to refuse service to anyone at any time for any reason. Any terms not explicitly stated in this TOS is subject to interpretation at AlphaElite LLP’s sole and absolution discretion.

 

 

 

 

 

Last revised: 21 September, 2008