TERMS AND CONDITIONS
1. Subject to the terms of this Agreement, and
contingent on Customer's satisfaction of WhiteCloudServers's credit approval
requirements, WhiteCloudServers agrees to provide the web hosting services
described in the Order for the fees stated in the Order.
2. The initial service term of the Agreement
shall begin on the date that WhiteCloudServers 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 WhiteCloudServers 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."
3. (a) Recurring Fees
Renewal notices are emailed seven days
before the actual renew date in your account. If you have a credit card on file
your card will automatically be charged two days before your renewal notice is
due. If your billing method is Paypal you will need to manually pay your
invoice every month. All payments submitted for services are non-refundable
outside of our 30 day refund policy. Service will be made inactive on accounts
that are not paid by the 7th day past due. The term "Account"
describes all services provided to a customer as defined by the primary
ownership email and physical address. WhiteCloudServers 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. All orders made with a credit card are
expected to work on the monthly renewal date each month. Any accounts made
inactive for non-payment are subject to a $10.00 late payment fee. Any accounts
terminated due to non payment are subject to a $10.00 restoration fee once all
past due invoices have been paid.
(b) Payment Terms
For your convenience WhiteCloudServers offers
multiple payment terms with increasing discounts for it's product lines. All
payments to WhiteCloudServers, LLC are non refundable after the first 30 days of
service. Within the first 30 days of a Quarterly, Semi-Annual or Yearly paid
service you may request that it be converted to a Monthly subscription and the
remaining balance will be refunded to your original payment method. If after
the first 30 days of service you request the package to be converted to a
different billing cycle any additional monies will be applied to your account
in the form of credits and will not be refunded. Prior to paying a renewal
invoice and before your renewal date you may have your payment terms changed at
no additional charge. If you wish to cancel a Quarterly, Semi-Annual or Yearly
package prior to its renewal date, your package will be pro-rated to the
nearest Monthly billing cycle and any remaining funds will be credited to your
account. Any cancellation as the result of a violation of our TOS or AUP will
be non refundable.
(c) Credit/Debit card and your Address on File
When an order is placed with a credit/debit
card, your card is stored on file and will automatically be charged every month
two days before your due date. For security purposes your address on file with
us must match the address of your credit/debit card. If this address does not
match, our payment gateway will not accept the transaction. If you have a
credit card on file and the transaction is declined due to the address this transaction
might show up as a pending charge but will not be processed through. If you
have a debit card on file and the transaction is declined due to the address
your bank will pull the money out of your account but this money will be
refunded back to your account by your bank. It is recommended to always store a
credit card on file instead of a debit card.
(d) Payments by Electronic Check (eCheck or ACH)
WhiteCloudServers accepts electronic check,
commonly known as eCheck or ACH payments from banks or financial institutions
located in the United States payable in U.S. dollars only. When you enter your
echeck or ACH information, it is stored on file and will automatically be
charged every month two days before your due date. You agree and confirm that WhiteCloudServers may debit the full invoiced amount from your checking account as a
non-refundable payment and may use this account for recurring payments. If you
do not wish to enable recurring payments on your ACH account please disable
them by following the directions here: Enable Auto Debit. It is your responsibility to
ensure that adequate funds are in your account to cover any and all invoices
submitted against it. WhiteCloudServers, LLC is not liable nor responsible for any
fees, overdraft charges or any other penalties that may result in a lack of
funds when invoices are processed.
(e) Fees and Penalties for Electronic Check (eCheck or
ACH)
The customer (you) acknowledges that it is
your responsibility to ensure that adequate funds are in your account to cover
any and all invoices submitted against it. WhiteCloudServers, LLC is not liable nor
responsible for any fees, overdraft charges or any other penalties that may
result in a lack of funds when invoices are processed. WhiteCloudServers will
attempt to process an automatic debit against your ACH account no more than two
(2) times in a calendar month before disabling the auto-debit feature of your
account. Customer acknowledges WhiteCloudServers will charge $5 for each failed
attempt to process a payment and $35 for any chargeback associated with an ACH
payment. WhiteCloudServers, LLC is not liable nor responsible for any fees,
overdraft charges or any other penalties that may result in a lack of funds
when invoices are processed.
(f) Taxes
At WhiteCloudServers's request Customer shall
remit to WhiteCloudServers all sales, VAT or similar tax imposed on the provision
of the services (but not in the nature of an income tax on WhiteCloudServers,
regardless of whether WhiteCloudServers fails to collect the tax at the time the related
services are provided.
(g) 30 Day Money Back Guarantee
All new WhiteCloudServers Customers are eligible
for a 30 day money back guarantee on all hosting packages upon written request,
excluding Dedicated Servers, Domain Name Registrations and SSL Certificates.
The definition of a new customer is one who has never purchased services from WhiteCloudServers in the past. Also if a customer purchases a 2nd, 3rd, etc. hosting package and
wishes to cancel this particular package they are not eligible for a refund. If
you exceed your bandwidth limit within the first 30 days of service you are not
eligible for the 30 day money back guarantee. If the TOS/AUP agreed upon when
ordering is violated this voids your eligibility for the 30 day money back
guarantee. WhiteCloudServers, LLC reserves the right to deny the refund if we feel
abuse of services has occurred.
(h) Refunds for Domains & SSL Certificates
You may cancel any domain registration
(other than domains registered via drop-catching) with us within three (3) days
of purchase for a full refund (minus any applicable transaction fees). You may
cancel at any time after the three-day period, but no refund will be issued.
SSL Certificates may be canceled within 5 days of purchase for a full refund or
account credit. After the five-day grace period you may cancel your SSL
certificate but no refund shall be issued.
(i) Payments Dedicated Servers
We do not offer a 30 day money back
guarantee on Dedicated Servers. Renewal notices are emailed seven days before
the service due date. If you have a credit card or ACH account on file your it
will automatically be charged two days before your renewal date. If your
billing method is Paypal you will need to manually pay your invoice every month
by the due date at 12 PM EST. All renewals made with a credit card are expected
to work on the day your card is charged. In the event you fail to pay your
invoice by the due date, we reserve the right to suspend your entire account
and a late fee of $25 applies. The term "Account" describes all services
provided to a customer as defined by the primary ownership email and physical
address. If your invoice is still not paid by the 7th day past the due date on
the invoice, we reserve the right to terminate your service entirely and
reformat your server.
(j) Service Upgrades
Customer agrees that service and license
upgrades will be maintained for a minimum of 30 days or one full billing cycle,
whichever comes first. This includes but is not limited to purchases of add-on
software, license upgrades, package upgrades and physical upgrades to dedicated
servers such as hard-disk or ram upgrades.
4. Customer acknowledges that the amount of the
fee for the service is based on Customer's agreement to pay the fee for the
entire Initial Term, or Renewal Term, as applicable. In the event WhiteCloudServers terminates the Agreement for Customer's breach of the Agreement in accordance
with Section 12 (Termination), or Customer terminates the service other than in
accordance with Section 12 (Termination) for WhiteCloudServers breach, the unpaid
fees for each billing cycle remaining in the Initial Term or then-current
Renewal Term, as applicable, are due on the business day following termination
of the Agreement. Customer acknowledges that the cancellation notice or
downgrade of current package is to be submitted to WhiteCloudServers prior to the
following renewal date or the Customer will be responsible for full payment of
the following term. The cancellation request will be subject to the following
guidelines: Customer acknowledges that the amount of the fee for the service is
based on Customer's agreement to pay the fee for the entire Initial Term, or
Renewal Term, as applicable. In the event WhiteCloudServers terminates the
Agreement for Customer's breach of the Agreement in accordance with Section 12
(Termination), or Customer terminates the service other than in accordance with
Section 12 (Termination) for WhiteCloudServers breach, the unpaid fees for each
billing cycle remaining in the Initial Term or then-current Renewal Term, as
applicable, are due on the business day following termination of the Agreement.
Customer acknowledges that the cancellation notice or downgrade of current
package is to be submitted to WhiteCloudServers prior to the following renewal date
or the Customer will be responsible for full payment of the following term. The
cancellation request will be subject to the following guidelines:
Cancellation request must be submitted to
the billing department
Cancellation request must be submitted from the main email address on file with WhiteCloudServers
Cancellation request must contain the main
IP address and hostname of the hosting plan you wish to cancel
5. Customer acknowledges that the cancellation
notice is provided prior to the following renewal date in writing to WhiteCloudServers or the Customer will be responsible for full payment of the following term. The
cancellation request will be subject to the following guidelines:
Cancellation request must be submitted to
the billing department
Cancellation request must be submitted from the main email address on file with WhiteCloudServers
Cancellation request must contain the main
IP address of the server you wish to cancel