Terms and Conditions
Latest Revision: May 10th, 2018
- Description of Services and Products
reseller and IT solutions provider offers services to its customers for a monthly, semi-monthly or annual fee. ITMECCA will provide you an account on one or more of its servers, provided, however, you abide by the terms and conditions set forth in this agreement and in any other agreement pertaining to other services you may purchase. ITMECCA reserves the right to modify its network and facilities used to provide the services for purposes including, but not limited to, accommodating evolving technology and increased network demand, and providing enhanced service. ITMECCA shall use reasonable efforts to notify you in advance of any planned changes to ITMECCA network or facilities that may adversely affect the services provided under this agreement.
- IT SERVICES
- IT ADVISORY
- IT CONSULTING
- MANAGED IT
- CLOUD COMPUTING SOLUTIONS
- CLOUD SERVERS
- CLOUD STORAGE
- WEB HOSTING
- UNIFIED COMPUTING
Fees for IT
services ordered by you shall be charged beginning on the date of the initial order and that date shall server as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
From time to time it may be necessary to make adjustments in the fees and surcharges charged for the services in order to cover certain changing costs (e.g., power, networking, etc.) incurred by ITMECCA in providing the services. Such adjustments will be reflected on the statement or invoice provided to you for the services, and you agree to pay for the fees and surcharges for the services, as adjusted.
- Payment Options:
ITMECCA provides several options for payment.
3.1 PayPal – ITMECCA accepts payments through PayPal. When your invoice becomes due you may log into your client account, access your invoice and pay using PayPal as the option. This is a free service for everyone to use and allows you to send money securely without risking your credit card or banking information. To get started with an account, please visit http://www.paypal.com.
3.2 Bank Credit Card – Visa, Mastercard, Discover and Amex Credit Card
3.3 Money Orders & Wire Transfers – We accept money
ITMECCA reserves the right except or deny any form of payment.
- Late Payment:
ITMECCA reserves the right to charge a late fee of 18% per invoice per month on late payments. Invoices will be automatically considered late once the invoice due date has passed. At the moment we do not offer any grace period for payments, but we reserve the right to remove and add the late fee at the discretion of management and members of ITMECCA, LLC. If your invoices become more than 3-days past due, ITMECCA (we) reserve the right to suspend or terminate service after 5-days past due. Accounts having a balance for more than 30-days may be referred to a collection agency.
- Non-Payment Termination:
In the event you fail to pay your invoice within 3-days of the due date, we reserve the right to suspend your service.
If you are still past due on the 5th day from the due date on the invoice, we reserve the right to terminate your service entirely and reformat your server, or in the instance of a shared, reseller or backup service delete your account from the server.
If you are terminated for non-payment, we also reserve the right to refer your account to a third party collection agency and you agree to pay any collection fees or legal fees we may be charged to collect on your debt.
- Overage Billing:
“Overage” is defined as usage of the services provided by ITMECCA to you in excess of the allocated limitation. Overages re charged for SAN, Backup, Bandwidth and Professional Services used in excess of the amount allocated to your account. You agree to pay the then-current overage fees and charges for the ITMECCA services, including backup and bandwidth overage fees, upon receipt of an invoice. Rates can be accessed by contacting your account executive or you may view the overage and add-on fees below. Usage information is available in your billing panel and through your account executive. Overage fees can be avoided by subscribing to a higher service plan.
- Cancellations & Refunds:
ITMECCA is not able to schedule service cancellation for a specific time or date. To submit a cancellation request, please visit our client area and follow the proper procedure. If you have any questions regarding the process you may always contact your account executive or our billing department.
When you request a service cancellation, we may follow the following process: We will first contact you to confirm the cancellation and verify that you are authorized under your account to cancel service. Then, we will immediately suspend billing and cancel the service. We are not able to provide scheduled cancellations and all cancellations are effective immediately. Regarding mid-month or mid-period cancellations, ITMECCA will not issue refunds for cancellations received in the middle of a payment cycle.
Refunds will not be given or provided on a pro-rated basis for services provided in a given billing period. Receipt by you of any services in a given period will obligate you to pay for the services during that entire billing period.
- Term, Termination and Money Back Guarantee:
You agree to a month-to-month term for the service sunless otherwise agreed to in writing. The month-to-month term for service is automatically renewed each month unless either party notifies the other in writing of its desire that the agreement not be renewed, no later than seven (7) days before the next upcoming anniversary date for billing. You may cancel your account by terminating this agreement in this manner by contacting the billing department of Cloud Instinct.
ITMECCA reserves the right to terminate this agreement effective immediately and without notice upon any breach by you of any of the terms of this agreement. In such event, ITMECCA shall have no obligation to refund any fees paid in advance by you.
- Chargebacks & Payment Disputes:
Under these terms of service, you must first contact ITMECCA to attempt to resolve any billing disputes before contacting your financial institution or credit card Company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within 30-days of the invoice payment in question.
By using our service, you agree to the above policy and to contact ITMECCA before contacting your financial institution to seek a resolution. In the event you dispute charges contrary to this agreement, we reserve the right to a $150 administration fee and to refer your account or sell your debt to a third part collection agency. We also reserve the right to take further legal action against you.
- Penalties & Extra Fees:
Client agrees to pay the following penalties and extra fees if they shall apply to their account and/or situation. For each occurrence of a bounced check, the client agrees to pay a $36 fee. For each occurrence of a chargeback the client agrees to pay an administrative fee of $150. For each credit/account reporting the client agrees to pay a $40 fee. For each server re-activation due to non-payment the client agrees to pay a fee in the amount of $75 per server.
At the current time ITMECCA does not charge a re-activation/reconnection fee for Shared, Reseller or Virtual hosting accounts.
- Promotional or Special Offers: Pre-Payment Offers
From time to time, ITMECCA may offer discounted pricing for initial introductory periods (e.g., discounted fees, free upgrades, etc.) A condition of such discounted pricing may be the requirement of prepayment for a period longer than the introductory period be paid. For example, the first month’s service may be offered for a discount, with the standard pricing going into effect during the second month, with a quarterly prepayment being required. Promotion offers are non-refundable.
From time to time, ITMECCA may offer promotional or special offers as sales inventive. These offers may be comprised of discounts, free time, free services, discounted services, trial offer periods and other types of offers. Such offers cannot be combined with other offers unless otherwise stated and are one-tine use offers. One offer per client only. Offers are valid only where they are permitted by law. Offers are void where prohibited.
Each offer, promotion or trial may have individual terms and conditions. Please review those terms and conditions prior to opting for those services. Questions regarding our promotions may be directed towards your account executive or our sales department.
- License to Host:
You herby grant to ITMECCA and its partners a non-exclusive, royalty-free, worldwide right and license during the term of this agreement to do the following to the extent necessary to provide the services under this agreement: (a) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink any content uploaded by you; and (b) make archival backup copies of content uploaded by you to the servers at Cloud Instinct. ITMECCA shall have the right, but not the obligation, to make backup copies of the data uploaded by you to the servers. You are responsible for any of your content residing on ITMECCA Servers, Networks and for the backup thereof.
- Storage & Security:
At all times, you bear full risk of loss of any content and software you place on ITMECCA servers. You are entirely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under the charges incurred with your account or password or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server.
ITMECCA does not undertake the responsibility or any obligation to provide management or security services unless you specifically request it to do so. If any technology specifically associated with your account requires updating, you must make a request for such update through ITMECCA ticket system.
You shall be solely responsible for undertaking measure to: (i) prevent any loss or damage to your content; (ii) maintain independent archival and backup copies of your content; and (iii) ensure the security, confidentiality and integrity of your content transmitted through or stored on ITMECCA servers. ITMECCA shall no liability to you or any other person for loss, damage or destruction of any of your content.
- Acceptable Use of Service: Shared, Reseller, Virtual & Dedicated Services/Solutions
You agree not to use the above services to:
14.1 Upload, post, e-mail, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
14.2 Administer IRC;
14.3 Mass Mailing; Proxy, VPN, Torrents, Tor, Warez, Escrow, High Yield Investment Programs (HYIP), illegal gambling and lottery sites or services;
14.4 Harm minors in any way; Impersonate any person or entity; “stalk” or otherwise harass another person;
14.5 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitter through the services or network;
14.6 Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreement);
14.7 Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
14.8 Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, or “pyramid schemes;”
14.9 Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware and/or telecommunications equipment;
14.10 Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
You agree to indemnify, hold harmless, and defend ITMECCA and all directors, officers, members, managers, employees and agents of ITMECCA from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) arising out of or relating to the use of the services by you, including any violation of the acceptable usage policy set forth in this agreement. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortuous interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.
- Force Majeure:
ITMECCA shall not be liable for failure or delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the services.
- Intellectual Property:
You represent and warrant that your use of the services shall not infringe the intellectual property or other proprietary rights of ITMECCA or any logo's/trademarks of our business (direct/indirect) partners/affiliations such as Cisco, IBM, HPE, HP, DELL EMC, Fujitsu, CA, Solarwinds, Microsoft, Intel, Google, AT&T (ATT), CA Technologies, Kaspersky, McAfee, Lenovo, Infoblox, Extreme Networks, RingCentral, Intermedia, Mitel etc.
You further acknowledge that all rights, title and interest in any and all technology, including the software that is part of or provided with the services and any trademarks or service marks of ITMECCA is owned by ITMECCA and/or its licensors. Unless otherwise specifically provided in this agreement, you shall have no right, title, claims or interest in or to ITMECCA Intelectual Property.
- Assignment & Severability:
This agreement shall be binding upon and inure to the benefit of you, ITMECCA and their respective successors, and assigns. You may not assign this agreement without the prior written consent of Cloud Instinct, which consent will not be unreasonable withheld. If any provision of this agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this agreement shall remain in full force and effect.
- 19. Disclaimer of Warranties
The service, including, without limitation, company content, is provided on an "as is", "as available" and "with all faults" basis. ITMECCA does not make any representations or warranties of any kind as to: (a) the Service; (b) the Content; (c) User Content; or (d) safety of the information via the Service. ITMECCA does not warrant that the service will be error-free or uninterrupted; or is free from any harmful components, or that the information on the Service is accurate, complete, or useful. ITMECCA does not warrant that your use of the service is lawful in any particular jurisdiction.
- Limitation of Liability; Waiver
Under no circumstances will ITMECCA parties be liable to you for any loss or damages of any kind, including, without limitation, for any direct, indirect, economic, punitive, incidental or consequential losses or damages that are directly or indirectly related to: (a) the service; (b) ITMECCA content; (c) user content; (d) your use of, inability to use, or the performance of the service; (e) any action taken in connection with an investigation by ITMECCA parties or law enforcement authorities regarding your or any other party's use of the service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the service's operation; or (h) any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if ITMECCA parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the service).
You agree that in the event you incur any damages, losses or injuries that arise out of company's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by ITMECCA parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by ITMECCA parties.
By accessing the service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
ITMECCA is not responsible for the actions, content, information, or data of TPS, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
- Governing Law
- Entire Agreement
- Contact Us
CALL: +1 773.313.7329 | EMAIL: SALES@ITMECCA.NET