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Use of Hostcats
Service constitutes acceptance and agreement to Hostcats AUP (Acceptable Use
Policy) as well as Hostcats TOS (Terms of Service). From herewith in this
TOS, AUP, and , the usage of "us", "we", "our", and "ours" shall constitute
reference to Hostcats, and the usage of "you", "your", "they", and "them"
shall refer to client / customer of Hostcats.
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 Hostcats, that you are agreeing to our TOS,
AUP, and SLA. No modifications of said contract by customer are allowed.
2. Hostcats 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 he/she is
aware of all applicable charges as per contract, AUP, SLA, 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 Hosting Services, if Customer's
actual bandwidth usage in any month exceeds allotted amount, specified in
Customer's contract, Customer will pay Hostcats any additional fees as
specified in the Service Description. If you do not pay, Hostcats will
suspend your account until payment is received.
Payment: Establishment of this service is contingent upon
receipt of payment from Customer to Hostcats. Subsequent payments are due on
the anniversary date of the term selected for that term's service, unless
customer requests all 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 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:
Payment is due on the defined monthly or selected term recurring billing
date of each month or selected term. Hostcats retains the right to auto
charge client's credit card on file on each hosting term due date. Credit
cards that are declined for any reason are subject to a 100 Rs declination fee. Service will be interrupted on accounts that
reach 3 days past due. Service interrupted for non-payment is subject to a 250 Rs reconnect charge. Accounts not paid by due date are subject to a 100 Rs late fee.
Delinquent Accounts:
Hostcats 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.
Account Cancellation:
All requests for cancelling any service / services must be made in writing
via the helpdesk with at least 10 days notice but not more than 60 days
notice prior to your renew date. Confirmation of cancellation will be made
within 24 hours.
Refunds and Disputes:
All payments to Hostcats are non-refundable after Customer's money-back
guarantee period. (Customer's 30 day money-back guarantee period includes
customer's first hosting order with Hostcats, Inc. Subsequent hosting orders
will not be covered by our money-back guarantee.) This includes any setup
fees and monthly fees, regardless of usage. All billing disputes must be
reported via the support department (helpdesk) within 30 days of the time
the dispute occurred. Disputed charges to your credit card issuer, also
known as chargebacks, under the terms and conditions of our SLA, AUP, and
TOS, will result in service interruption, as well as reconnection fees to
restore the desired service. Network uptime is the total time in a calendar
month that Hostcats network is available through the Internet, provided that
Client has established connectivity.
Hostcats takes responsibility for network availability within our network,
however, we cannot be held liable for upstream problems (problems outside of
our network.) Our guarantee is that our Network will be available to clients
free of network outages for 99.9% of each calendar month.
Unscheduled downtime is any unplanned or unscheduled interruption in Service
availability during which Client is unable to access the services as
described in the section titled "Network Uptime" above. A network outage is
defined as a period in which 100% packet loss to our network is experienced,
which is determined to have been caused by a problem in Hostcats Network as
confirmed by Hostcats. Downtime or outages are measured as the total length
of time of the unplanned interruption in service availability in a calendar
month.
Our 99.9% network uptime guarantee does not cover web/database
server hardware or software failures, scheduled maintenance downtime, or
other exceptions as listed below. Scheduled Downtime is any
scheduled interruption of Services, either for the purpose of network
upgrades, or for the replacement of any equipment in order to provide for
you better service. Scheduled downtime occurs during notified downtime
periods, with as much advance warning as possible via e-mail. A minimum of
24 hours' notice will be provided.You may apply for a SLA Network Violation
Credit when our network uptime guarantee is not met.
Hostcats will refund you 5% of your monthly fee for each hour of downtime
(up to 100% of your monthly fee) for network downtime. Network downtime is
measured from the time the network is 100% unreachable until service is once
again restored. In order to request a network violation credit, you must
email our sales department at sales@hostcats.com. SLA violations will be
reviewed by our personnel Monday — Friday 9AM to 5PM IST.
Performance Credit
exclusions: The following are excluded from the monthly calculation of
Service Availability:
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Scheduled maintenance downtime, Server Operating System (including all
software that is part of the OS) bugs or failures realted to Operating
System design Cpanel/WHM bugs or failures related to Cpanel software
design Problems outside of Hostcats network (upstream providers, or
client's inbound connection) not affecting 100% loss to our network
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Interruptions or failure of individual service caused by client, their
employees, client's customers, etc. to their service. These include
inaccurate configuration, third-party software, client abuse or
over-utilization of resources, hacked servers, attacks, exploits, or
server hardware failures.
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