1. Delivery of Service
a. General. By submitting an order form, either online, by fax or email, customer agrees to pay for and upon accepting the order form, Tek Alchemy Inc. agrees to provide services on a month to month basis.
b. Supplemental Services. Tek Alchemy, Inc. may provide customer with supplemental services on an emergency basis where such services are not included within the scope of the original services ordered. Customer agrees to pay Tek Alchemy Inc. bases on Tek Alchemy Inc.’s current rates for such services set forth in the invoices issued following delivery of said services.

2. Term
a. Term of Agreement. This agreement shall commence on the date services are provisioned and continue on a month to month basis until terminated in accordance with this agreement.
b. Termination. Month to month accounts may cancel at any time with a 30 day written notice. Upon the effective date of cancellation (1)Tek Alchemy will immediately cease providing service (2)Customer shall remove all property and data within 5 business days of cancellation.
Notice may be sent to
Tek Alchemy, Inc.
PO Box 1016
Round Rock, TX 78680-1016
Email: sales@tek.net
c. Termination by Tek Alchemy, Inc. For Cause. Any violation of this agreement or Acceptable Use Policy may result in termination of service Customer without liability, refund or notice to the Customer.

3. Billing and Payment
a. Fees. Customer will pay Tek Alchemy Inc. all fees according to the prices and terms listed on the Service Order Form(s). Tek Alchemy has the right to change prices at any time effective 30 days after written notice to the customer.
b. Payment Terms. Customers will be billed monthly with payment due on the first of each month. Monthly recurring charges are due in advance of services provided. Failure to pay in advance may result in termination of services with out notice to the customer.
c. Credit card payments. Customers who order services with credit cards agree to have monthly fees charged to their credit cards. Credit card payments will be processed in the week of the first day of each month.
d. Refunds. Setup fees are nonrefundable. Accounts terminated by Tek Alchemy, Inc. for cause will not be refunded any prepaid fees.
e. Taxes. Sales and or Use tax is due on all services required by Texas law including but not limited to web hosting, virtual servers, dedicated servers, email, and collocation.

4. Tek Alchemy, Inc. Warranties
a. No Warranty. Tek Alchemy, Inc. will perform the Services in a professional and workmanlike manner and use all resources to maintain acceptable performance of services, but Tek Alchemy, Inc. makes no warranties whatsoever, including but not limited to warranties of merchantability, fitness for a particular purpose, noninfringement and title, and any warranties arising from a course of dealing, usage, or trade practice. Tek Alchemy, Inc. and their suppliers or subcontractors, if any, do not warrant that the services or supplemental services will be uninterrupted, error-free, or completely secure.
b. Use is at Own Risk. Customer’s use of Tek Alchemy services are at its own risk. Customer acknowledges that Tek Alchemy, Inc. exercises no control whatsoever over the content of the information passing through Customer’s site(s) or shared or processed on equipment under the control of Tek Alchemy, Inc. on behalf of Customer, and that it is the sole responsibility of Customer to ensure that the information it and its users transmit and receive complies with all applicable laws and regulations and the Acceptable Use Policy.

5. Customer Warranties
a. Compliance with Laws, Rules, and Regulations. Customer agrees that it will use the Services and Supplemental Services only for lawful purposes and in accordance with this Agreement and the Acceptable Use Policy. Customer will comply at all times with all applicable laws and regulations, Tek Alchemy, Inc. operating procedures and the Acceptable Use Policy, as updated by Tek Alchemy, Inc. from time to time. Tek Alchemy, Inc. may change Acceptable Use Policy at any time. Changes will be posted at www.tek.net. Customer agrees to comply with the restrictions on Customer’s and its users’ online conduct contained in the Acceptable Use Policy and, in the event of a failure to comply, in addition to any other remedy Tek Alchemy, Inc. may have in law or in equity, Customer agrees to pay for Tek Alchemy, Inc.’s administrative costs in accordance with the Acceptable Use Policy.
b. Consequential Damages Waiver. Tek Alchemy Inc. will in no event be liable or responsible for any type of incidental, punitive, indirect or consequential damages including bu not limited to lost revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss or use of service or equipment.

6. Indemnification. Tek Alchemy, Inc. and Customer will each indemnify, defend and hold the other harmless from and against any and all costs, liabilities, losses, and expenses resulting from any claim, suit, action, or proceeding brought by any third party against the Indemnified Party or its affiliates alleging (i) the infringement or misappropriation of any intellectual property right relating to the delivery or its use of the Service(s) (but excluding any infringement contributorily caused by the Indemnified Party); (ii) personal injury caused by the negligence or willful misconduct of the other party; and (iii) any violation of or failure to comply with the Acceptable Use Policy.