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ENVYE -
Terms of Service (TOS)
Use of ENVYE’s Service constitutes
acceptance and agreement to ENVYE’s AUP (Acceptable Use Policy) as well as
ENVYE’s TOS (Terms of Service). From herewith in this TOS and AUP, the usage
of “us”, “we”, “our”, “ours” shall constitute reference to ENVYE, the usage
of “you”, “your”, “they”, “them” shall refer to client / customer of ENVYE.
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 ENVYE, that you are agreeing to our TOS and AUP. No
Modifications of said contract by customer is allowed.
2. ENVYE 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 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 ENVYE 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.
Payment:
Establishment of this service is contingent upon receipt of payment from
Customer to ENVYE. 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:
Acceptable means of payment are credit card, paypal, and wire transfer.
Paypal payments must be submitted to sales@envye.ca. Payments made by paypal
will be reflected to the account within 24 business hours. Service
interrupted for nonpayment is subject to a $200.00 reconnection charge.
Accounts not paid by due date are subject to a $7.95 late fee. Accounts that
are not collectable by ENVYE 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)
Delinquent Accounts:
ENVYE 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 ENVYE,
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 ENVYE 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 ENVYE 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 30 days notice but not more than 60 days prior written notice
and emailed to sales@envye.ca Confirmation Receipt of cancellation will be
sent within 24 hours of our normal cancellation department hours of 9AM to
5PM EST Monday - Friday. An account is not cancelled until a confirmation is
sent.
Refunds and Disputes:
All payments to ENVYE 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 chargebacks, in ENVYE’s discretion which is valid,
under the terms and conditions of our AUP and TOS, will result in immediate
service interruption, and reconnection fees to restore the desired service.
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