Terms of Service (TOS)
There are no hidden fee's so if you are searching for them in small print, just a head's up.
Use of E-Way Solutions's Service constitutes acceptance and agreement to E-Way Solutions's AUP (Acceptable Use Policy) as well as E-Way Solutions's TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to E-Way Solutions, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of E-Way Solutions.
Acceptance of Contractual Agreement
1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by E-Way Solutions, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.
2. E-Way Solutions will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay E-Way Solutions any additional fees as specified in the Service Description within three (3) days of invoicing period. Any BW overage bill not paid within three (3) days of invoicing will be subject the server and services to suspension.
4. Customer agrees to a thirty (30) day contract minimum (or six (6) or twelve (12) month contract depending on length of pre-payment), beginning upon commencement of service.
5. Invoices will be issued and sent to the Customer by email 5 days before it's payment date.
6. At the end of the contract term, the contract will automatically renew for successive thirty (30) day periods (or six (6) or twelve (12) month periods, depending on length of pre-payment) indefinitely until canceled in writing. After the first 91 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions.
What may not be hosted on our network:
- Warez
- IRC
- Child pornography
- Copyrighted media, includes but not limited to: Video, Music, TV, Radio
- Hacking tools / material
- Anything that may harm us, the server, or anyone else (mentally, physically)
Network Uptime is the total time in a calendar month that E-Way Solutions network is available through the Internet, provided that Client has established connectivity. E-Way Solutions takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99% of each calendar month
Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in E-Way Solutions's Network as confirmed by E-Way Solutions. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
Scheduled Downtime is any E-Way Solutions scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 12- 24 hours notice.
Payment:
Establishment of this service is contingent upon receipt of payment from Customer to E-Way Solutions. Subsequent payments are due on the anniversary date of the month for that month's service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account's monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.
Payments and Fees:
Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a €10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a €200.00 reconnect charge. Accounts not paid by due date are subject to a €7.95 late fee. Accounts that are not collectable by E-Way Solutions will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty (€50.00) nor more than One Hundred, Fifty (€150.00)
Delivery of Services:
Estimated delivery time of Services from the moment a order is submited and received by E-Way Solutions.
- Shared Hosting package and additional Units, delivery within 24 hours.
- Dedicated Servers, delivery within 3 to 5 business days.
- Additional/Upgrade services, delivery within 1 to 3 business days.
Delinquent Accounts:
E-Way Solutions may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.
Delinquent Reseller Accounts:
Should your reseller account become delinquent, and payment not made to E-Way Solutions, resulting in a suspension of service you will have 48 hours to make restitution for the delinquent balance. Any account left unpaid after 48 hours of suspension and reseller not contacting the E-Way Solutions billing department to resolve the issue will allow for the reseller's client to be able to purchase the server directly, and assume financial responsibility from that point forward. The balance must be paid entirely by the client prior to lifting the service suspension. Resellers shall not hold E-Way Solutions responsible for failure to appropriately pay their invoices in a timely manor set forth in your original contracts.
Account Cancellation:
All requests for canceling any service / services must be made in writing with at least 15 days notice but not more than 30 days prior written via email to webmaster@E-Way Solutions.com Include your domain name, last name on credit card in your email.
Refunds and Disputes:
All payments to E-Way Solutions are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in E-Way Solutions's discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.
30 Day money back Guarantee:
All shared hosting, reseller hosting, and windows hosting plans come with a 30 day money back promise. If for whatever reason we fail to satisfy your needs and are within 30 days we will fully refund your money all we ask is you give us a reason so this will help us improve as a company. Dedicated Servers do not fall under this policy due to the labor involved in setting them up and also cost.
Dedicated Server Restore:
E-Way Solutions is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. E-Way Solutions shall not be liable for loss of data under any circumstance.
Hardware replacement will occur within 1 - 8 hours of the reported problem, E-Way Solutions will refund 5% of the monthly fee per additional 8 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an SLA hardware violation credit, you must email sales, within 10 days of reported violation, at: sales@E-Way Solutions.com . SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST. *Hardware SLA violations do not cover network violation* |
