March 11, 2009                                                                                                              http://www.EpicShells.com/tos/

 

EpicShells.com - Terms of Service (TOS)

Use of  EpicShells.com’s Service constitutes acceptance and agreement to EpicShells.com’s AUP (Acceptable Use Policy) as well as EpicShells.com’s TOS (Terms of Service). From herewith in this TOS and AUP, the usage of “us”, “we”, “our”, “ours” shall constitute reference to EpicShells.com, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of EpicShells.com.

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 EpicShells.com, that you are agreeing to our TOS and AUP. No Modifications of said contract by customer is allowed.

2. EpicShells.com 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 IRC Hosting Services, Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, that the servers may not be used to host any unauthorized processes and will be termintated without refund should the client violate this agreement.

Payment:
Establishment of this service is contingent upon receipt of payment from Customer to EpicShells.com. 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 $20.00 reconnection charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by EpicShells.com 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:
EpicShells.com 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 EpicShells.com, 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 EpicShells.com 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 EpicShells.com 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 EpicShells.com 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 EpicShells.com’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.