Effective date: September 20, 2018
By using or signing up for the services of Awnoc.com, you agree to these terms in addition to our Acceptable Use Policy, found here This agreement (Agreement) between AWNOC, (Awnoc.com) and the Customer ("Customer") governs the provision of Awnoc.com and related services (the Services). This Agreement is effective the instant Customer (a) signs up for Services through any of Awnoc.com websites or (b) establishes an account with Awnoc.com or uses the Services or any part thereof (Effective Date). Awnoc.com may revise this Agreement at any time for any reason. Awnoc.com will in its best efforts attempt to notify the customer of any changes.
Awnoc.com will provide Customer with services they signed up according to the fees indicated to the Customer before Awnoc.com billed Customer. Awnoc.com reserves the right to cancel, suspend, terminate, or deny services to any Customer at our discretion. Awnoc.com reviews each order and will take into consideration past history on both business and personal levels to determine if customer is a liability. Awnoc.com will do its best give notice of cancellation if Awnoc.com cancels, suspends, or terminates Customers account.
Awnoc.com reserves the right to temporarily suspend or deny service to customers who abuse our staff or help desk in any manner; For example, by using unnecessary language, such as curse words. In such case, a refund will not be granted.
Awnoc.com will invoice each customer in a timely manner based on their billing cycle. Customer agrees that as long as account is active, customer will maintain a good standing balance with Awnoc.com, and will pay before or on the due date of invoice. If Customer is paying via credit card, payment may be authorized at the time of the invoice being generated. Any miscellaneous fees associated with Customers account will be charged up front.
Customer agrees that payment may be automatically withheld from Customers account if a credit card is on file on the date of invoice or due date. If no prior arrangements have been made and Customer has not paid an invoice by the due date or any days thereafter; Awnoc.com at its desecration, will suspend and/or terminate the customers service(s). After account has been suspended or terminated for any reason a $5 administrative fee will be applied for re-connection.
To cancel account, the customer must login to their Awnoc.com account, click on My Services, click the service you wish to cancel, and click "Request Cancellation". Some services such as Cloud Hosting do not require this step and can be cancelled by simply destroying a container. Cancellation by any other means will not be an acceptable form of cancellation request. We do not offer refunds under any circumstances; however, for prepaid services, we can issue an account credit of the unused time to be used towards future invoices with Awnoc.com if your cancellation is requested for "Immediate". We do not offer this for services on any NET terms that arent paid ahead of time.
Although a customer may cancel PayPal subscriptions, Awnoc.com does not consider this a form of cancel. All payments prior to account closure are non-refundable unless otherwise guaranteed. This includes but not limited to fees and services offered through Awnoc.com.
Customer must put in their cancellation request 14 days in advance in order to be effective at next due date. If Customer subscribed using PayPal, it is Customers responsibility to ensure that this subscription has been canceled.
All payments to Awnoc.com are non-refundable. All billing disputes must be reported to Awnoc.com within 60 days in order to receive any compensation if due. If customer files a charge back against a legitimate charge placed by Awnoc.com, a $50 administrative fee will be charged per chargeback. Should Customer open a PayPal dispute, Awnoc.com has the right to suspend or terminate service at its discretion.
Awnoc.com offers a complete 5-day money back satisfaction guarantee. If under the circumstances the customer is not happy with our services, Awnoc.com agrees to provide a full refund of the service, excluding any miscellaneous fees and product addons. Customer may not modify their cancellation reason after it has been provided. This policy is void if (a) Customer signs up for the purpose of canceling (b) Customer has no record or signs of dissatisfaction in the Awnoc helpdesk (c) If customer has multiple services, or has had service in the past. To receive compensation under the Money Back Guarantee Customer must cancel their account via Awnoc.com and specify immediate cancellation. Afterwards open a ticket with the billing department requesting a refund. Note that all addons and miscellaneous fees not related to primary service are non-refundable.
99.9% Uptime Guarantee: Awnoc.com offers a 99.9% uptime guarantee on all network related services, and any other services Customer is subscribed to. The 99.9% uptime guarantee is applicable to all services delivered to customers. Customer generated outages created by failed equipment, exploited servers, misconfigurations, abuse, or traffic in excess of the maximum allowed by contract are not subject to the SLA. Service credits are based directly on all equipment and/or services affected by a network outage. Services or hardware not related to the network outage will not qualify for a service credit.
Awnoc.com provides up to 50% monthly recurring revenue credit to a customer if service is unavailable. For every hour of downtime, Awnoc.com will grant a credit based off the monthly recurring cost, minus any service addons. This policy applies to Customers base service only.
The Awnoc.com SLA is not valid, and you may not receive compensation, for scheduled maintenance downtime or any problems that may arise due to scheduled maintenance.
Any SLA claim will need to be reported for credit within 72 hours after restoration, any longer and Customer will not be warranted a credit.
Awnoc.com will make all attempts to reply to Customers request within a timely manner, but does not make any explicit guarantees.
Awnoc.com charges an hourly rate of $150 per hour in increments of 30 minutes for anything not covered within a management plan. All services are assumed unmanaged unless a management plan is purchased. Any services not hosted by Awnoc.com are subject to the hourly rate regardless of a management plan. If any issue should come up with Customers service, Customer may not order a Management plan at the time of the incident. The hourly rate will apply, which after resolution, the customer may then opt to order a Management plan.
Any request deemed by our staff an issue of Awnoc.com and not Customer will not be billed at any hourly rate and assumed a problem of the service fixed free of charge.
All software, hardware, and Internet protocol (IP) addresses provided by Awnoc.com are licensed to Customer and remain Awnoc.coms sole and exclusive property.
At any time through the term of service Awnoc.com will take an analysis of your services. If at that time you are found to be over your bandwidth allotment, Awnoc.com will send you notice of these overages. Bandwidth overages will be charged at $0.50/GB.
The backups of Awnoc.com are in no way guaranteed. For services that are backed up, Customer should not rely on the availability of our backups, nor expect to be able to recover from our backups. Awnoc.com recommends that in all cases Customer take their own backups stored offsite. Should the Customer need to use one of our backups there will be a $10 retrieval fee which must be paid prior to backup delivery.
(a) Awnoc.com may interrupt Service to perform maintenance on equipment or upgrade services. Awnoc.com will exercise reasonable efforts (i) to inform Customer before interrupting Service and (ii) to restore the system promptly. (b) Customer is responsible for maintaining security, patches, disaster recovery systems, and any other recovery systems. Awnoc.com will not be liable for loss of data or breaches in system integrity regardless of Customer measures to prevent such things. In the event that Awnoc.com suspects that security of any equipment has been breached it may disable such equipment and the Service to prevent further disruption. (c) In the event that Customers use of Service causes injuries to the functioning of services Awnoc.com provides to other customers, Awnoc.com may interrupt Service or permanently disable it, even if such injury occurred through no fault or knowledge of Customers. (d) Awnoc.com will not be liable for service interruptions, including without limitation any interruptions executed for any reason. Spamming
We reserve all rights to disable all Customer services if we believe Customer is using any services to send unsolicited email.
(a) Awnoc.com will not be liable for any consequential, incidental, exemplary, punitive, or multiple damages, even if Awnoc.com was advised in advance of the possibility of such damages. Awnoc.com maximum liability arising out of or related to this agreement will be $0 as understood we will not be held liable for any damages. (b) Awnoc.com will have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from: (i) other Awnoc.com customers or third parties accessing customers data or assigned computers; (ii) security breaches; (iii) eavesdropping; (iv) denial of service attacks; (v) interception of traffic sent or received using the equipment or Service; (vi) customers reliance on or use of the equipment or Service; (vii) mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or other failures of performance of the equipment or Service; (viii) the accuracy, completeness, and usefulness of the Service; (ix) loss of data or loss of access to data; or loss of equipment or injury to equipment. (c) Awnoc.com shall not insure or be responsible for any loss or damage to property of any kind owned or leased by Customer. Insurance policies covering the property owned or leased by Customer against loss by physical damage shall provide that the underwriters have given permission to waive their rights of subrogation against Awnoc.com, its affiliates and their directors, officers, partners, and employees, as well as their subsidiaries, and their respective directors, officers, partners, and employees. (d) Awnoc.coms limitations and exclusions of liability set forth in this section and in this agreement apply equally to Awnoc.com officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.
(a) Customer will defend and indemnify Awnoc.com, its officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies from any third party claim arising out of or related to: (i) alleged Customer conduct that would breach this Agreement, including without limitation alleged infringement of third party intellectual property or privacy rights; (ii) Customers use, misuse, or failure to use the Service; and (iii) any action taken by Awnoc.com as part of an investigation into a suspected violation of this Agreement or as a result of its conclusion that a violation has occurred. Such Customer obligation includes payment of losses, expenses, damages, costs, and including without limitation attorneys fees. (b) Awnoc.com is not responsible for (i) any content or materials posted on any Customer website or otherwise disseminated through Customers use of the Service or (i) any use or abuse of the Service whatsoever by Customer or any third party.
Customer is solely responsible for the conduct of the Customers business and all other matters relating. In no event shall Awnoc.com, its parent, subsidiaries, affiliates, contractors, service providers, employees, agents, representatives or licensors, or any other party involved in producing, creating or delivering Awnoc.com service, technology or content, be liable to the client in any manner whatsoever for loss of or inaccuracy of data, goods, revenues, profits, services, or technology or for any direct, special, incidental, consequential, punitive or similar damages, even if Awnoc.com has been advised of the possibility of such damages. the client hereby waives any and all claims against Awnoc.com and its parent, subsidiaries, divisions, affiliates, agents, representatives and licensors arising out of customers use of Awnoc.com service.
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