Terms of Service
This Web Hosting Agreement (this “Agreement”) is between Squared Second and the person (individual or legal person) whose signs Squared Second’s service order and set up form (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of Squared Second’s Web hosting service.
- Payments (Web Hosting)
- Unpaid Payments and Overdue Invoices
- Disclaimer of Warranties
- Limitation of Damages
- Refund Policy
Subject to the terms of this Agreement, Squared Second agrees to provide the web hosting services described in the Order for the fees stated in the Order.
The initial service term of the Agreement shall begin on the date that Squared Second generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for the same length as the Initial Term (each a “Renewal Term”) unless Squared Second or Customer provides the other with termination notice within 7 days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”
Payments (Web Hosting)
- Recurring Fees
- Renewal notices are emailed 14 days before the actual renew date in your account. If you have a credit card on file your card will automatically be charged on the day your renewal notice is sent. (ie. Your renew date is May 22nd, your invoice will be sent on May 18th and your card on file will be charged May 18th). An invoice reminder email will be generated 3 days before the invoice due date reminding the Customer about the due invoice amount.
Unpaid Payments and Overdue Invoices
The first overdue notice will be emailed 5 days after the invoice due date. A second overdue notice will be emailed 10 days after the invoice due date. A third overdue notice will be emailed 13 days over the invoice due date. The Customer may be subject to a late fee beginning on the 14th day after the invoice due date for the unpaid invoice. Service will be made inactive on accounts that are not paid by the due date at 12 PM EST. The term “Account” describes all services provided to a customer as defined by the primary ownership email and physical address. Squared Second reserves the right to revoke this grace period if a pattern of late payment is observed or if your payment method is listed as other.
Disclaimer of Warranties
SQUARED SECOND DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW SQUARED SECOND DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF SQUARED SECOND AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.
- Suspension of Service.
- Customer agrees that Squared Second may suspend service to Customer with or without notice and without liability. 14 days after the due payment date the Customer account will be suspended.
- Squared Second reserves the right to termination the Agreement and/or services to Customer at any time with or without notice and without liability. The Customer services and account will be terminated 30 days after the payment due date.
All sales are final and refunds will not be given of any kind for paid services. The reason for this is to prevent people from ordering a service and then canceling after work has already begun.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.