Dallas Website Design Company
- Terms of Service (TOS)
Below are our
Terms of Service and Service Level Agreement. Please read
them carefully before you purchase a web hosting package.
This is the "fine print" and should be taken seriously.
Use of
Dallas Website Design Company Hosting constitutes acceptance
and agreement to Dallas Website Design Company AUP
(Acceptable Use Policy) as well as Dallas Website Design
Company TOS (Terms of Service). From herewith in this TOS, AUP, and
SLA, the usage of “us”, “we”, “our”, and “ours” shall
constitute reference to Dallas Website Design Company, and the usage of “you”,
“your”, “they”, and “them” shall refer to client / customer
of Dallas Website Design Company.
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 Dallas Website Design
Company, that you
are agreeing to our TOS, AUP, and SLA. No modifications of
said contract by customer are allowed.
2. Dallas Website Design Company 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 he/she is aware of
all applicable charges as per contract, AUP, SLA, 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
Dallas Website Design Company any additional fees as specified in the Service
Description. If additional payment is not received,
Dallas Website Design Company may suspend your account until payment is
received.
Payments and Fees
Payments
Establishment of this service is contingent upon receipt
of payment from Customer to Dallas Website Design
Company. 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 interrupted
for non-payment is subject to a $25.00 reconnect charge.
Accounts not paid by due date are subject to a $5.00
late fee.
If your
credit card information has changed, then you must
notify us immediately so we may change this information.
If on your bill date, your credit card is declined, or
payment is not made, you will get a notice that your
account will be suspended in 5 days. If after this
notice and 5 days has passed your account may be
interrupted temporarily and an email will be sent to the
address on file to notify you of this problem. If
payment is not arranged within 14 days, we will close
your account, and any files will be lost. All prices are
in US Dollars (USD). Any other payments, such as check
or bank transfer must be received to be posted by the
due date for your account.
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.
Credit
Card Payments
We are happy to accept Visa, MasterCard, American
Express cards for payment. We use various fraud
prevention methods to protect us, our merchant account,
our bank and the customer who owns the credit card being
used. This includes tracking the IP number and ISP of
the person who is using the credit card, verifying the
card matches the Zip Code and Address of the cardholder.
If anyone attempts to obtain service using a fraudulent
or unauthorized credit card, your hosting account will
be terminated without warning, we will have the right to
place an 'account suspended' page on your IP, and we
will cooperate with authorities to report the incident
and the information used to obtain the account including
your domain name. We will also bill you for all charges
to us, including but not limited to bank fees, amounts
charged back, plus 5%. We take credit card fraud very
seriously. If you have received a credit card statement
with our name on it, and did not order our services,
please email us immediately. Your credit card statement
will be billed as either PayPal or 2CheckOut.com.
Delinquent Accounts
Dallas Website Design Company 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.
Account Cancellation
All requests for canceling any service / services must
be made in writing with at least 30 days notice but not
more than 60 days prior written notice and emailed to
sales@Dallas Website Design Company. Confirmation receipt of cancellation
will be sent within 24 hours.
If for any
reason you are not satisfied with our services, please
let us know. We build our services around making hosting
simple for the customer and want you to be happy. If for
some reason we cannot meet your needs, you may notify us
in writing and we will discontinue billing your account
at the end of your current bill cycle. No refunds are
issued for hosting services already paid for, except
during the first 30 days of service.
Refunds and Disputes
All payments to Dallas Website Design Company are
non-refundable after Customer's 30-day money-back
guarantee period. This includes any setup fees and
monthly fees, regardless of usage. If you have elected
to have Dallas Website Design Company register a domain
name for you, a fee of $20.00 will be deducted
from any refunds you request. 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 chargeback's, under the terms and
conditions of our SLA, AUP, and TOS, will result in
service interruption, as well as reconnection fees to
restore the desired service.
Data
Transfer
Additional data transfer is billed at $1 per 1000
Megabytes/month (or portion thereof). When you exceed, or
are about to exceed, we will attempt to send you a courtesy
e-mail.
Excessive Resource Usage
Any web site that uses an excessively high amount of
server resources including but not limited to CPU time,
memory, and network bandwidth will be given an option of
either upgrading their service level or reducing the
resource used to an acceptable level.
Server
Abuse
Any attempt to undermine or cause harm to a server, or
customer is strictly prohibited. We also may move your site
or request cancellation if you use a majority of system
resources which affects other users.
Spam Policy
You must not use any Dallas Website Design Company equipment or any
Dallas Website Design Company hosting email address in connection with the
transmission of spam, flames, mail bombs, or substantially
similar, unsolicited email messages. Your domain may not be
referenced as originator, intermediary, or reply-to address
in any of the above. This shall include the sending of
unsolicited mass mailings from any other service that in any
way implicates the use of the Dallas Website Design Company equipment or any
Dallas Website Design Company hosting email address. A message is considered to
be unsolicited if it is posted in violation of a newsgroup
charter or if it is sent to a recipient who has not
requested or invited the message. Simply making one's email
address accessible to the public will not constitute a
request or invitation to receive messages, for purposes of
enforcing this provision.
When any customer is found to have been engaged in spamming
in violation of this agreement, Dallas Website Design
Company reserves the
right to disable that customer's web site without warning.
In addition, Dallas Website Design Company may impose a $200 penalty for each
spam policy violation. Dallas Website Design Company solely reserves the right
to refuse or cancel service to spammers. Dallas Website
Design Company reserves
the right to determine what violates this policy. As such,
any violation may result in cancellation of services without
refund. Such cancellation of services for cause,
specifically the reasons provided herein, shall
automatically void Dallas Website Design Company's 30 Money Back guarantee.
We will be
the sole arbiter as to what constitutes a violation of this
provision. All accounts and customers using our services
must adhere to the above policies. Failure to follow any
term or condition will be grounds for immediate account
deactivation.
Refusal of
Service
Dallas Website Design Company reserves the right at its sole discretion to
refuse or cancel service. Violation of any of Dallas Website
Design Company's
Rules and Regulations could result in a warning, suspension,
or possible account termination. Accounts terminated due to
policy violations will not be refunded including during the
30 Day money back guarantee period.
------------------------------------------------------------------------------------------------
Dallas Website Design Company - Service Level
Agreement (SLA) (overview)
(click here for
Dallas Website Design Company complete SLA)
Service
Credits
Service credits are available for services contracted
for, but not delivered according to the service level
agreement. Service credits are not available to customers
more than 30 days in arrears on their billing cycle. Valid
approved service credits will appear as a credit for
services on the next billable invoice. Service credits
shall not result in monies paid by Dallas Website Design
Company directly to
the customer. All service credit requests must be in
writing and emailed directly to
support@DallasWebsiteDesignCompany.com
within 10 days from the date of the service level failure.
Failure to request a service credit within 10 days of the
service failure will result in an automatic waiver of any
rights under the Master Service Level Agreement. Normal
scheduled maintenance and upgrades are not covered in the
uptime guarantee.
99.9% Network Guarantee
Dallas Website Design Company offers a 99.9% uptime guarantee on all
network related services (i.e. bandwidth, routers, switches,
and cabling,). The 99.9% uptime guarantee is applicable to
all network services delivered to customers via a single
independent network drop. Customer generated outages
created by failed equipment, exploited servers,
misconfigurations or traffic in excess of the maximum
allowed by contract are not subject to the SLA. Service
credits are based directly on all equipment and/or services
affected by a network outage. Services or hardware not
related to the network outage will not qualify for a service
credit.
Performance
Dallas Website Design Company guarantees a maximum average 40ms
(milliseconds) network route from the input connection in
the customer cabinet through the internal network and out to
the first BGP peer calculated over a 24 hour period.
Availability
Dallas Website Design Company guarantees 99.9% uptime on all redundant
internet connectivity. Connectivity is measured as traffic
routing into and out of customer equipment through the
internal network out to Internet carriers. Dallas
Website Design Company does
not guarantee third party carrier latency or peering
problems not utilized by Dallas Website Design Company.
Performance Credit exclusions
The following are excluded from the monthly calculation
of Service Availability:
-
Scheduled
maintenance downtime
-
Problems
outside of the Dallas Website Design Company network (upstream providers,
or client’s inbound connection) not affecting 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,
third-party software, client abuse or over-utilization
of resources, hacked servers, attacks, exploits, or
server hardware failures.
We average
99.93% uptime on our virtual hosting servers. Thus, we
guarantee a minimum of 99.9% total uptime, or you can
receive up to 100% of your monthly fee back.
Definitions
Network
Uptime
The total time in a calendar month that the Dallas Website
Design Company
network is available through the Internet, provided that
Client has established connectivity. Dallas Website Design
Company takes
responsibility for network availability within our network,
however, we cannot be held liable for upstream problems
(problems outside of our network.) Our guarantee is that our
Network will be available to clients free of network outages
for 99.9% of each calendar month.
Scheduled Downtime
Any scheduled interruption of Services, either for the
purpose of network upgrades, or for the replacement of any
equipment in order to provide for better service. Scheduled
downtime occurs during notified downtime periods, with as
much advance warning as possible via e-mail. A minimum of 24
hours' notice will be provided.
Unscheduled
Downtime
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 the
Dallas Website Design Company Network as confirmed by Dallas
Website Design Company. Downtime or
outages are measured as the total length of time of the
unplanned interruption in service availability in a calendar
month. Our 99.9% network uptime guarantee does not cover
web/database server hardware or software failures, scheduled
maintenance downtime, or other exceptions as listed below.
Site
Downtime
Encompasses all problems that are not the fault of
Dallas Website Design Company, including, but not limited to, improper DNS or
email configuration, script problems, and/or other site
misconfigurations that are not the fault of Dallas Website
Design Company.
Fault will be determined at Dallas Website Design Company sole discretion.
