This agreement ("Agreement") between JCKD (UK) Ltd, ("JCKD") and the Customer ("Customer") governs the provision of hosting services (the "Services"). This Agreement is effective the instant Customer (a) signs up for Services through any of JCKD's websites or (b) establishes an account with JCKD or uses the Services or any part thereof ("Effective Date"). JCKD may revise this Agreement and will have an effective date of 30 (thirty) days after any new terms or revisions have been put in place before it applies to Customer. JCKD will in its best efforts attempt to notify the customer of any minor changes, and will notify customer with any major changes.
Services.
JCKD will provide Customer with what they signed up for within their order according to the fees indicated to the Customer before JCKD billed Customer. Customer also understands that unless JCKD is running a promotion, JCKD will not discount their price or provide anything more or less than what the customer signed up for without Customer upgrading their plan by a JCKD customer service representative.
The payment term the customer selects while ordering is the effective term of this agreement.
Rejection of Services.
JCKD reserves the right to cancel, temporarily suspend or deny services to Customer at our discretion. If JCKD feels that it is not of its best interest, or a liability to obtain a customer, JCKD will take into consideration past history on both business levels and personal levels to determine if customer is a liability to the company. JCKD will give notice of cancellation if JCKD cancels Customers account, as well as temporary suspension and denied services.
Payment.
JCKD will invoice Customer 10 days in advance of their official due date of their account. Customer agrees that as long as account is active, customer will maintain a good standing balance with JCKD, and will pay before or on the due date of invoice. If customer is paying via credit card, payment may be authorized at the time of the invoice being generated. Any setup fees associated with the opening of the Customers account, or future upgrades are one time fees; services ordered during initial signup with setup fees will be charged up front, as well as the Customers hosting services.
If Customer has not paid by the account due date, JCKD may suspend Customers account(s) and/or charge a late payment fee of $15. If Customers account is not paid after 3 days of the due date payment has not been received, JCKD, at its discretion, will terminate the customers service(s), unless arrangements have been made by the customer with JCKD. After account has been suspended, a $15 administrative fee will be applied for re-connection.
Cancellation of Services.
To cancel account, the customer must login to their clients.jckd.co.uk account, click on My Hosting Packages, click the service you wish to cancel, and click "Request Cancellation". Cancellation by any other means will not be an acceptable form of a cancellation request.
Although a customer may cancel PayPal subscription, JCKD does not consider this a form of cancel. All payments prior to account closure are non-refundable. This includes but not limited to setup fees, hosting fees and other services offered through JCKD
Refunds and Disputes.
All payments to JCKD are non-refundable, and are considered to be the intellectual property of JCKD. All billing disputes must be reported to JCKD within 60 days in order to receive compensation. Charge backs with your credit card issuer are considered invalid, as they are not constitutional under the JCKD Terms of Service Agreement. If customer files a charge back against a legit charge placed by JCKD, a $50 administrative fee will be charged per chargeback.
Free Trials.
Any free trials given to the customer are bound to this agreement. Further, the customer may not go over the trial limit, and may not redeem anymore than one trial in a lifetime. At the end of the customers free trial, JCKD will suspend the VPS the day after the trial limit, until invoice for full services is paid or if prior arrangements have been made (ie. customer wants to go ahead and continue with full paid services before the end of trial, customer adds credit card to account prior to trial expirations). JCKD will notify the customer by phone and/or e-mail to let the customer know that their free trial is about to expire. After 2 days of not hearing from the customer, JCKD will automatically terminate the customers account as well as all services.
Service Level Agreement.
JCKD will endeavor to provide a high level of service uptime.
Support Policy.
JCKD will make all attempts to reply to the customers request within 1 hour of submission. JCKD charges an hourly rate of $45 per hour in increments of 30 minutes for anything not covered within a management plan. Any services not hosted with JCKD that The Customer requests work on are subject to the hourly rate unless a separate management plan is ordered. If a unmanaged VPS customer opens a ticket with Managed Support to request intermediate to advanced technical support, a $5 fine will apply per ticket.
If any issue should come up with Customers service, the customer may not order a Management plan at the time of the incident. The hourly rate will apply, which after resolution, the customer may then opt to order a Management plan.
Ownership of Data, Software, Hardware, and IP Addresses.
All software, hardware and Internet protocol ("IP") addresses provided by JCKD are licensed to Customer and remain JCKD's sole and exclusive property.
Bandwidth Overages
At the end of your billing period and as well as periodic bandwidth checks, JCKD will take an analysis of your server or VPS. If at that time you are found to be over your bandwidth, JCKD will send you notice of these overages. Note that all overages will be charged $.50/GB that you went over.
Maintenance, Security, & Service Interruption.
(a) JCKD may interrupt Service to perform maintenance on JCKD equipment. JCKD will exercise reasonable efforts (i) to inform Customer before interrupting Service and (ii) to restore the system promptly.
(b) Customer is responsible for maintaining security, for maintaining patches and disaster recovery systems, and for maintaining backups. JCKD will not be liable for loss of data or for breaches in system integrity, even if Customer's Service includes firewall's, backups, denial of service protections, or other mechanisms to protect data and system integrity. In the event that JCKD suspects that security of any of equipment has been breached, it may disable such equipment and the Service.
(c) In the event that Customer's use of Service causes a denial of service or in any other way injures the functioning of services JCKD provides to other customers, JCKD may interrupt Service or permanently disable it, even if such denial of service or injury occurred through no fault of Customer's.
(d) JCKD will not be liable for service interruptions, including without limitation interruptions executed in order to investigate suspected AUP violations, whether or not such violations occurred.
Spamming
Directly or indirectly transmitting or supporting the transmission of unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site. If you are caught in violation of spamming your services will result in immediate termination without a refund as you chose to violate this policy.
Disclaimers and Warranties.
(a) JCKD will not be liable for any consequential, incidental, exemplary, punitive, or multiple damages, even if JCKD was advised in advance of the possibility of such damages. JCKD' maximum liability arising out of or related to this agreement will not exceed the total amount of fees billed to customer during the twelve-(12) months preceding the claim.
(b) JCKD will have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from:
(i) other JCKD customers or third parties accessing customer's data or assigned computers;
(ii) security breaches;
(iii) eavesdropping;
(iv) denial of service attacks;
(v) interception of traffic sent or received using the equipment or Service;
(vi) customer's reliance on or use of the equipment or Service;
(vii) mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or other failures of performance of the equipment or Service;
(viii) the accuracy, completeness, and usefulness of the Service;
(ix) loss of data or loss of access to data;
(x) loss of equipment or injury to equipment.
(c) JCKD shall not insure or be responsible for any loss or damage to property of any kind owned or leased by Customer except to the extent such liability results from JCKD gross negligence or willful misconduct. Any policy of insurance covering the property owned or leased by Customer against loss by physical damage shall provide that the underwriters have given their permission to waive their rights of subrogation against JCKD, its affiliates and their directors, officers, partners, and employees, as well as their subsidiaries, and their respective directors, officers, partners, and employees.
(d) JCKD' limitations and exclusions of liability set forth in this section 7 and in this agreement apply equally to JCKD' officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.
Indemnity & Third Party Claims.
(a) Customer will defend and indemnify JCKD, its officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies from any third party claim arising out of or related to: (i) alleged Customer conduct that would breach this Agreement, including without limitation alleged infringement of third party intellectual property or privacy rights; (ii) Customer's use, misuse, or failure to use the Service; and (iii) any action taken by JCKD as part of an investigation into a suspected violation of this Agreement or as a result of its conclusion that a violation has occurred. Such Customer obligation includes payment of losses, expenses, damages, and costs, including without limitation attorneys' fees.
(b) Upon JCKD' request, Customer will immediately notify any third party that JCKD is not responsible for (i) any content or materials posted on any Customer website or otherwise disseminated through Customer's use of the Service or (ii) any use or abuse of the Service whatsoever by Customer or any third party.
Liability.
Customer is solely responsible for the conduct of the Customers business and all other matters under Customers control. IN NO EVENT SHALL JCKD, ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN PRODUCING, CREATING OR DELIVERING JCKD SERVICE, TECHNOLOGY OR CONTENT, BE LIABLE TO The Client IN ANY MANNER WHATSOEVER FOR LOSS OF OR INACCURACY OF DATA, GOODS, REVENUES, PROFITS, SERVICES, OR TECHNOLOGY OR FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES, EVEN IF JCKD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Client HEREBY WAIVES ANY AND ALL CLAIMS AGAINST JCKD AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF CUSTOMERS USE OF JCKD SERVICE.