Terms of Services
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Updated : April, 8 2024
Terms of Service Agreement ("TOS")
This Terms of Service Agreement (“TOS”) represents a legally binding contractual agreement between ByteNAP Networks LLC, (hereinafter referred to as “ByteNAP Networks LLC” or “SSD Grow”), and the subscriber of services (“Customer” or “you”). This TOS encompasses the Terms of Service (“TOS”), Acceptable Use Policy (“AUP”), Service Level Agreement (“SLA”), and any applicable addenda. By subscribing to our services, the Customer agrees to adhere to and be bound by all components of this TOS.
Amendments: SSD Grow reserves the right to amend the terms and conditions of the TOS, including the TOS, AUP, SLA, and any applicable addenda, at any time. Changes that affect cancellation policies, payment of fees, or the SLA will be communicated to Customers through the Client Area. It is the Customer’s responsibility to regularly review SSD Grow’s policies to ensure compliance. Changes to any part of this TOS requested by the Customer must be agreed to in writing by SSD Grow.
Service Provision:
- VPS/Cloud Hosting Services: During the term of this TOS, SSD Grow will provide virtual private server and cloud hosting services to the Customer as agreed upon during the online order process at SSD Grow’s Website.
- Consulting Services: The Customer may engage SSD Grow for consulting services as detailed in a mutually agreed statement of work (“SOW”). Such services will be governed by this TOS and are payable as stipulated in the SOW.
- Term and Termination: This TOS is effective for the duration initially agreed upon (the “Initial Term”) and will automatically renew for subsequent periods equivalent to the Initial Term unless cancelled in writing. Cancellations must adhere to the cancellation policy detailed in Paragraph 10. SSD Grow may terminate services for nonpayment, violations of the AUP, or other breaches of this TOS.
- Fees: Fees for services commence on the order date and recur on the anniversary of this date, depending on the billing cycle chosen by the Customer. Fees are payable in advance of the service period.
- Upgrades and Additional Services: Upgrades and additional services will be billed according to the terms established on the Anniversary Billing Date. Charges for services ordered after the normal billing date will be prorated to the next billing cycle.
- Hourly Services: If provided, hourly services will be billed in full-hour increments with a minimum of one hour.
- One-Time Fees: All one-time fees, such as setup and administrative fees, are due when incurred and are non-refundable.
- Taxes: All fees are exclusive of taxes. The Customer is responsible for all taxes applicable to the services provided under this TOS.
- SLA Credits: As defined in the SLA, credits may be issued for service failures and are applicable towards future billable services only.
- Cancellation: Written cancellation notices must be submitted a minimum of 24 hours before the next billing cycle as detailed on SSD Grow’s Client Area to avoid charges for the next cycle.
- 3-Day Refund Window: Customers may cancel their service within 3 days of purchase for a full refund, subject to the terms of cancellation provided herein.
- Credits and Discounts: Any credits or discounts applied are subject to the terms of this TOS and may be revoked if the service is terminated early by the Customer.
- Non-Payment: Services may be suspended or terminated if payment is not received within the specified timeframe.
- Data Integrity: SSD Grow will employ commercially reasonable efforts to ensure data integrity, but the ultimate responsibility for data backup and security lies with the Customer.
- Permitted Use: The Customer agrees to use SSD Grow’s services only for lawful and intended purposes. Misuse of services may result in service limitation or termination.
- Legal Compliance: The Customer agrees to comply with all applicable laws and regulations in the use of SSD Grow’s services.
- Dispute Resolution: Any disputes exceeding $500 in value arising from this TOS will be settled through arbitration in accordance with the rules of the American Arbitration Association.
- Miscellaneous: This TOS is governed by the laws of the State of Wyoming. No failure or delay by either party in enforcing any right under this TOS will act as a waiver of that right.