Terms of Service Agreement (TOS)
The most current version of our Terms of Service can always be found at http://cr8change.org/terms-of-service-agreement-tos/. This document may change from time to time. Changes go into effect and are applied to all customers from the time that they are posted to the above URL.
1. Service Description. CR8Change provides internet web hosting and associated services and maintains dedicated server computers, other equipment and software which is integrated with the internet. These servers send and receive data and information in relationship to the internet. Customers wish to utilize the hardware and software resources of CR8Change to establish an internet web presence using CR8Change’s web hosting services and network.
2. Conditions. The Customer’s application and this Agreement constitute a legal and binding contract between CR8Change and the Customer and does not extend to any other person or entity.
3. Warranties. With respect to the services to be provided herein, the Customer acknowledges that CR8Change makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that CR8Change shall not be liable to the Customer for any claims, damages, or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of, or in relation to, the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
4. Information. The utilization of any data or information received by the Customer from the utilization of the service to be provided by CR8Change is at the Customer’s sole and absolute risk. CR8Change specifically disclaims and denies any responsibility for the completeness, accuracy, or quality of information obtained through the services to be provided hereby.
Payment and Cancellation Policy: CU billing period starts on the signup anniversary date. All payments are due to CR8 by CU on the signup anniversary date. For each successive period, CU’s contract is renewed automatically unless we are notified otherwise (monthly only). Billing period is determined by the billing term chosen by CU at the time of ordering. CU billing period also applies to any additional items and services ordered or incurred after the initial activation of the account. For payment, CR8 accepts Paypal, MasterCard, Visa or American Express. CR8 invoices exclusively via e-mail. We DO NOT send out invoices via postal mail or fax. If any payments remain unpaid after the due date it is considered past due. Past due accounts are subject to collection fees at the beginning of each billing term, in each of the first 3 weeks after the due date. Accounts past due in excess of 30 days will go into default. If CU has a past-due balance on the account at the time the account is closed (either by the request of CU or due to non-payment default status), the remaining balance must be paid within 30 days of when the account is closed. If CR8 does not receive payment on the remaining balance in that time, CR8 will begin efforts to collect any fees owed. CR8 will apply a $50.00 collection fee to cover costs in attempting to collect CU debt. If internal CR8 collection efforts fail, CR8 reserve the right to turn the account over to a 3rd-party (either collections agency or attorney) for further action. CR8 also reserves the right to report CU unpaid balance to credit reporting agencies. CU is obligated to pay for the account even if CU does not use the account. Because CR8 has provided CU with usernames, passwords, DNS entries, and an IP address, CU has the ability to use the account. The fact that CU does not do so is not relevant – CU is obligated to pay for the account. Even an unused account uses valuable system resources that could be used for other customers.
CU can cancel service with 15 business day notice written through email for all cancellations. Cancellation will be effective at the end of the billing cycle. The billing cycle ends the day before the anniversary date CU signed up for services. Services paid before cancellation will be refunded with the remainder being credited back to CU if and only if CR8 act on the right to cancel for a reason other than a violation of this contract.
Setup Fees. A $45.00 per domain setup fee will be waved for 2 year accounts, 1 year accounts and Month-to-month accounts with one year of uninterrupted service. Because accounts receive a waived setup fee predicated on one year of uninterrupted service, any account canceled prior to 12 months will have the otherwise waived $45 per domain setup applied to their account balance. Setup fees when applicable, are non-refundable.
Refunds: 24 Month Accounts – 2 year discounts will not be applied to early cancellations. Because these billing cycles receive a discount, refunds will be calculated based upon the amount of time the service was in use, that period of time will then be charged at the normal 12 month rate of $10 per month. Multiplying the number of months hosted by the monthly rate and deducting that amount from the annual prepaid amount will calculate the refund. The balance will be refunded to CU less any outstanding charges owed. 12 Month Accounts -1 year discounts will not be applied to early cancellations. Because these billing cycles receive a discount, refunds will be calculated based upon the amount of time the service was in use, that period of time will then be charged at the monthly-to-month rate of $15 per month. Multiplying the number of months hosted by the monthly rate and deducting that amount from the annual prepaid amount will calculate the refund. The balance will be refunded to CU less any outstanding charges owed. Monthly Accounts: Because these billing cycles receive a waved setup free for 12 months of uninterrupted service, the otherwise waived setup fee of $45 will be charged to CU’s account.
IP Address Ownership. CR8 retains ownership of all IP Addresses issued to CU and reserves the right to updates these IP Addresses when deemed necessary by CR8.
Non Hosting Services: This contract is for Website Hosting services. CR8 is not responsible nor is CR8 obligated to assist CU with web design, web programming or Internet marketing. Any requests by CU for non website hosting service directed to CR8 may on a case by case basis be referred to www.AdQuantify.com and will then incur AdQuantify’s standard $75.00 per hour rate for such services billed to CU and due with in 30 days. AdQuantify reserves all billing, payment and collections policies as afforded to CR8 within this agreement.
Third Party Programming. All Programming intended for use on CU’s account is subject to approval by CR8. CU is responsible for any programming by a third party. CR8 is not responsible for undesired result due to CU’s actions.
Restrictive Use: Please see our Acceptable Use Policy (AUP)
Unilateral Service Revocation. In the event that CR8Change may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, CR8Change may immediately discontinue such service to the Customer without liability. This will include failure to pay, illegal activities and/or unsolicited email.
Indemnification. The Customer shall indemnify and hold harmless CR8Change from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against CR8Change and CR8Change’s officers, directors, and employees for any service provided to Customer by CR8Change to include web space content that violates any copyright, proprietary right of any person, state?and federal regulations, or contains any matter that is libelous or scandalous.
Changes in Terms of Agreement. CR8Change reserves the right to make changes to the terms and conditions of this Agreement at any time to include service pricing, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has paid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).
Entire Agreement and Understanding?This document and services constitute the entire Agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
Relationship. The parties here to are independent entities and nothing contained in this Agreement shall be construed to constitute Customer an agent, employee, partner, independent contractor, joint venture, or any other similar entity.
Governing Law. This Agreement shall be governed by the laws of the State of California in the United States of America. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in San Francisco County, California. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.
Severability. In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.
Confidentiality. Customer acknowledges that any information not generally known by, or disclosed to the public, to include but not be limited to computer programs, source code, algorithms and inventions are the property of CR8Change and may not be utilized or released without the express written permission of CR8Change.
Interpretation. The format, words and phrases used herein shall have the meaning generally understood in the telecommunications/software/internet industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto. By placing an order telephonically, in writing and/or electronically.
