ATXTA

Terms and Conditions

Terms and Conditions

We reserve the right to accept or decline your order for any reason.

Payment

Payments for new customers are due when orders are placed. New customers will be able to get the 14 day terms after 90 days.

Payment is due within 14 days after placing an order, unless otherwise agreed upon. Payments can be made with direct deposit, Visa, MasterCard, American Express, Discover, PayPal or check.

If payment has not been received after 14 days, we will send you a notice with the request for payment per mail and per email. We will send you reminders every 30 days. If payment has not been received after 90 days of the original order date, we will outsource the collection of this invoice to our collection agency. Our collection agency will charge you an addition amount for this 'service', which will be a minimum of $50 or 18% of the total invoice, whichever is higher.

Cancellations

Service can be canceled 14 days before the renewal date by mail. Domain name registrations need to be moved to another provider before the contract date, if the domain name has not been moved we will invoice your account for the domain name registration. We will supply you with authorization codes (needed for transfers) within 24 hours upon your request.

Stop/halt service

We reserve the right to stop/halt service if one of the following takes place:

  • If we suspect that our services are used in such a way that it violates the law.
  • If your use of our services overuse/abuse the service
  • If payment has not been received within 14 days

Usually before this happens, we will try to contact you to discuss the situation and come to a solution.

SLA (Service Level Agreement)

On our business web hosting plans and dedicated servers the following SLA applies. In the case of a server outage with last longer than 60 continuous minutes, the customer will receive a credit for 5% of the monthly service fees. For each 30 minutes after the first hour, the customer will receive an additional 5% credit of the monthly service fee. The total amount of credits for each month can never exceed the monthly payment, and do not roll over to the next month. The SLA does not apply on scheduled maintenance, customer generated outages or exploited servers (dedicated servers only). Customer needs to request credit by submitting a support ticket; this ticket needs to be submitted within 7 days after the event, and the outage needs to be confirmed by our server monitoring system.

Warranties and Indemnification

IN NO EVENT WILL ATXTA'S LIABILITY TO CUSTOMER ARISING OUT OF THIS AGREEMENT EXCEED THE AGGREGATE AMOUNTS PAID TO ATXTA HEREUNDER. IN NO EVENT WILL ATXTA BE LIABLE FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES ARISING OUT OF THE TERMINATION OF THIS AGREEMENT. IN NO EVENT WILL ATXTA BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY NATURE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION THE BREACH OF THIS AGREEMENT OR ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DISCLAIMERS ATXTA MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY PRODUCT OR SERVICE OF ATXTA INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ATXTA MAKES NO REPRESENTATION THAT THE CUSTOMER SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND ATXTA SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. ALL SERVICES ARE PROVIDED AS IS.

YOU AGREE TO USE ALL ATXTA'S SERVICES AT YOUR OWN RISK. IN NO EVEN SHALL ATXTA BE LIABLE FOR ANY LOSS OF DATA, EMAIL, OR FILES, VIRUS INFECTION, DELAYS OR PERFORMANCE PROBLEMS DUE TO POWER OUTAGES, ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, OR DESTRUCTION OF PROPERTY.

ATXTA