| All virtual and dedicated
accounts are bound by this Terms of Service Agreement. Colocation accounts and
accounts under contract should refer to their Master Services Agreement.
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.ís current rates for such services
set forth in the invoices issued following delivery of said services.
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
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) or original internet order form. Tek Alchemy has the right
to change prices at any time effective 30 days after written notice to the customer unless the customer has a contract.
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 on the 25th of the month for due dates of the first of the month. Declined credit cards will receive a declined payment notice and payment is expected within 7 days of the notice. After 7 days, the account is considered Late. Customers whose credit cards have expired will be sent an expired notice requesting a new expiration date within 7 days. After 7 days, the expired account is considered Late.
d. Late Payment Fees. Failure to pay invoices by the due date will be billed a late payment fee of
Dedicated servers: 10% of monthly recurring charge
Web hosting: 10% of monthly recurring charge
Colocation: 1.5% of the total balance at the time of the late payment assessment. (Also stated in your Colocation Master Services Agreement)
Failure to pay invoices by the due date will result in a reminder notice, followed by a service suspension notice. Failure to remit payment may result in termination of services with out notice to the customer.
e. Refunds. Setup fees are nonrefundable. Accounts terminated by Tek
Alchemy, Inc. for cause will not be refunded any prepaid fees.
f. 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. If you are located in a state other than Texas, you may be declaired exempt from Texas Sales Tax. Please see details :http://www.window.state.tx.us/taxinfo/taxforms/01-forms.html#Resale
4. Tek Alchemy,
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. Customerís 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 Customerís
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 Customerís and its usersí 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.ís 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.
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.