Terms of Service
Servmix, LLC
TERMS OF SERVICE AGREEMENT
Last Update: August 20, 2022
Terms & Conditions
PLEASE READ CAREFULLY.
THIS CONTAINS TERMS AND CONDITIONS REGARDING CUSTOMER’S LEGAL RIGHTS AND REMEDIES FOR ACCESSING AND USING COMPANY’S PRODUCTS AND SERVICES.
This Agreement also referenced as Terms of Service (TOS) is an agreement between Servmix (“Company”), a LLC formed under the laws of Egypt, and the party (“Customer”) and applies to any form of purchasing all/any of our products and services ordered by Customer.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties concerning its subject matter and supersedes and replace any prior understanding or communication, written or oral.
BY USING THIS WEBSITE AND/OR SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN CUSTOMER AND COMPANY AND CUSTOMER HEREBY ACCEPTS THE AGREEMENTS AND AGREES TO BE BOUND BY THEM.
1. Modification
Modification to the Agreements, Policies and/or the Services:
- Company may, in its sole and absolute discretion, at any time, change or modify these Terms, any other policies or any other product or service terms and conditions related to the Services posted on Company’s website (collectively “www.servmix.com”), Company’s polices, Acceptable Use Policy (AUP) and Privacy Policy, and such changes or modifications shall be effective immediately upon posting to Company’s website located at servmix.com/en/terms-of-service (“Company’s Site”).
- These Terms and Privacy Policy shall collectively be referred to as the “Agreements.” Unless otherwise stated in a Policy, in the event of a conflict between the provisions of these Terms and the terms in Privacy Policy, the provisions of these Terms shall control.
- Access and/or use by Customer of Company’s Site or the Services after these modifications shall consider Customer’s acceptance of the Agreements as of the “Last Update” date stated above. If Customer does not agree to be bound by the Agreements as of the “Last Update” date, Customer should stop accessing or using Company’s Site or the Services.
- Company may (but is not obliged) from time to time inform Customer of amendments to the Agreements by e-mail. As such, it is important that Customer maintains accurate and up-to-date Customer’s account information (“Account”). Company assumes no responsibility for the failure of Customer to receive a notification by e-mail if this failure results from inaccurate information on Customer’s Account.
- Company may, in its sole and absolute discretion, discontinue access to or use of Company’s Site or Services by Customer in the event of a breach or violation or threat of violation or violation by the Customer of any of the terms of the Agreements.
- Company reserves the right to modify, change or discontinue any aspect of the Site or Company Services, including, but not limited to, prices and fees for the Site or Company Services at any time with or without notice.
2. Services
Upon to the approval by Customer on Company’s agreements. As a subsequent to this, Company will provide the service(s) as described and as as priced at the time of placing the order.
3. Term
Initial or Introductory service term of the Agreement starts from the date of activating Customer’s account / Customer’s ordered service and will be valid for the number of months stated in the Order.
Prior to the expiration of that Term, This agreement will be automatically renewed for the same stated length in the Order, unless Company or Customer decides not to renew by providing the other a notice within 10 days prior to the expiration/renewal date.
4. Payments
4.1 Payment Methods
Company accepts payments only via the below channels:
- Credit/Debit Card
- PayPal
- Bank Wire Transfer & Western Union:
- When you deposit/transfer any amount for the payment of any bill, you must confirm the deposit and let us know by filling a ticket within a period not more than 48 hours, with attaching the transfer slip.
- The depositor/sender name must be the same as the Customer name.
- For the remittance confirmation purpose, we may ask you for a proof of identity.
Customer to check all the details on Payment Methods located at servmix.com/en/payment-methods (“Company’s Site”)
4.2 Payment Term
- Company offers multiple payment terms.
- Full payment must be received before activation of any service.
- Company offers 14-days money-back guarantee (“on selected services”) during the first 14 days of the service. After that period, All payments to Company will be non refundable.
- Within the first 14-days of a Yearly paid service you have the option to send a request for converting its billing cycle to a Monthly subscription, In this case, the first month will be deducted while the remaining balance will be credited to your account and it’s not refundable.
- Any cancellation as the result of a violation of our TOS or AUP will be non refundable.
4.2 Payment Due
- Renewal notices are emailed before the actual renew date in your account.
- It’s Customer responsibility to complete the payment (irrespective to the payment method) within enough time prior to the due date.
- All payments submitted for services are non-refundable outside of our 14-days refund policy.
- Service will be made inactive on accounts that are not paid by the 7th day past due.
- All inactive hosting services (Cloud VPS, Shared, Cloud, WordPress and Reseller Hosting) will be automatically terminated after 30 days past due.
4.4 Money Back Guarantee
- Company offers 14-days money back guarantee only for these services:
- Shared, Cloud, WordPress and Reseller Hosting.
- Cloud VPS.
- SSL Certificates, Company offers the option to cancel it within 5-days from the purchase date.
- Any non-mentioned services from the above list means it’s not covered by 14-days refund policy.
- This policy is only applicable for paid service using Credit/Debit Card and PayPal.
- Amount refunded to Customer will be after deducting any charges by the payment gateway.
4.5 Refund
- In the event of any refund made to Customer after the 14-days refund policy, it will be credited to Customer Account.
- Amount refunded to Customer’s Account will be after deducting any processing charges.
4.6 Fees & Taxes
- All Company’s services are subject to %14 Value-added tax (VAT).
- Any Accounts (excluding Dedicated Servers) made inactive for non-payment are subject to a $10.00 late payment fee.
- Dedicated Servers, In the event a Customer fail to pay his invoice by the due date, Company reserves the right to suspend Customer’s entire account and a late fee of $25 applies.
4.7 Service Upgrades
Customer agrees that service and license upgrades will be maintained for a minimum of 30 days or one full billing cycle, whichever comes first. This includes but is not limited to purchases of add-on software, license upgrades, package upgrades and physical upgrades to dedicated servers such as hard-disk or ram upgrades.
5. Customer Information
- Customer warrants to Company that his/her provided information (including the contact details) are valid.
- Customer ensures to Company to keep his contact details accurate and up to date.
- Customer (if is an individual) is over 18 years old.
- Customer is willing to provide legal document(s) if requested by Company for any further verification.
- Company will rely on the primary contact of Customer for the communications and sending the notices.
6. Indemnity, Disclaimer and Limitation of Liability
- Without limiting any other legal remedy available to Company, Customer agrees to indemnify and hold harmless Company, its affiliates and employees against all actions, losses, costs, damages, awards, expenses, fines, fees (including legal fees – including attorney and collection agency fees – incurred and/or awarded against Company), proceedings, claims or demands brought or threatened against Company by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
- Company does not guarantee or declare that the services will be uninterrupted, error-free or fully secure. Customer doesn’t have the rights to claim any compensation from Company in the cases like and not limited to: Service Misuse, Service Interruption, Cyber Attacks, Significant failure of a portion of the power grid, Significant failure of the Internet, Natural disaster and War.
- Neither Party (Company or Customer) shall be liable to the other Party in respect of any breach of an obligation, warranty or guarantee under the Sales Contract for loss of profits, loss of revenue, loss of anticipated savings, loss or any plant or facility, loss of opportunity, loss of goodwill, special or punitive damages, loss of contract, or any type of special, indirect, consequential loss, loss or damage as a result of an action brought by a third party and such liability is excluded whether it is foreseeable, known, foreseen or otherwise.
Notwithstanding anything else in the Agreement to the Contrary, The maximum liability of Company shall be a payment up to a maximum of 100% of the amount payable by Customer for one month of Service.
7. Suspension/Termination
7.1 Suspension/Termination
Customer acknowledges that Company may suspend services to Customer with or without notice and without liability.
7.2 Termination
- Company reserves the right to terminate the Agreement or deny services at any time with or without notice and without liability.
- The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability.
- Domains, After expiration, the domain name shall enter into the redemption period and Company cannot assume neither after how many days it shall enter into redemption nor the duration of redemption. During redemption, Customer can renew the term of the domain name but Company cannot assume the fees of such renewal.
- SSL Certificates, after the end of the Agreed term, “SSL” certificate shall terminate immediately.
- Dedicated Servers, If Customer’s invoice is still not paid by the 7th day past the due date on the invoice, Company reserves the right to terminate the service entirely and reformat the server.
8. Cancellation
- This Agreement may be cancelled by Customer upon proper notice to Company, prior to the end of the Initial Term or any Term thereafter. Customer will be subject to a minimum $50.00 charge as an early cancellation fee. If Customer cancels this Agreement, no refund will be provided for unused time on the Account if outside the criteria of the Money Back Guarantee. Customer shall be obligated to pay one hundred percent (100%) of all charges for all Services for each month remaining in the Term. Customer shall be obligated to pay all fees and charges accrued prior to the date of such cancellation. Company may, but is under no obligation to, refund to Customer any pre-paid fees for the Services but only for the full months remaining after effectiveness of cancellation. No partial month fees shall be refunded.
- Customer acknowledges that the cancellation/downgrade notice will be provided prior to the following renewal date, or Customer will be responsible for full payment of the following term.
- Cancellation request must be submitted to the billing department.
- Cancellation request must be submitted from the main email address of Customer or from Customer’s account.
- Cancellation request must contain the main IP address and hostname of the hosting plan or server that Customer wishes to cancel.
9. Backup
- Company highly recommends that all Customer retain up to date backup copies of their data off site for disaster recovery purposes.
- Company offers a paid off-site Cloud Backup solution.
- Backup service is provided only to Shared, Cloud, WordPress and Reseller hosting as a courtesy and may be modified or terminated at any time.
- Company is not responsible for any lost files, information, or data. You agree to take full responsibility for all files and website data.
10. Notices
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties concerning its subject matter and supersedes and replace any prior understanding or communication, written or oral.
11. Design Credit and Marketing
A link to Servmix will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than $5000, a fixed fee of $500 will be applied.
The Client agrees that the website developed for the Client may be presented in Servmix’s portfolio, and hereby grants Servmix a worldwide, perpetual, non-exclusive license to use its name, logo and branding for advertising, marketing and promotional activities.
12. Intellectual Property
12.1 Design & Development
The project related copyrights can be transferred to the client at an additional cost, after the full payment of the project and upon signing the Certificate of Acceptance. Servmix worldwide reserves the rights to refuse the transfer of ownership if irregular circumstances arise.
Copyrights handed over to the client do not include rights to re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes. In the case of business restructuring or ownership change, ownership of the website may be transferred from one owner to another. New owners are not allowed to re-sell or re-use for any commercial or non-commercial purpose.
In an event of a Webmaster change, site owners are not allowed to display the credits to the new website, unless such time that the website functionality and appearance is changed by over 50% of our original work.
Acceptable Use Policy
Under this Agreement and Policies, Customer shall comply with Company’s then current Acceptable Use Policy (“AUP”), as amended, modified or updated from time to time by Company, which is incorporated in this Agreement by this reference. Violation of this AUP may result in suspension or termination of Customer’s service.
Customer agrees to cooperate with Company’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Company and Customer regarding the interpretation of the AUP, Customer’s commercially reasonable interpretation of the AUP shall govern.
Disclaimer
Company is not under duty, and does not engage by this AUP an obligation to monitor or control the activities of Customers and is not responsible for any abuse of the Company network.
General Obligations
- Company is committed to provide the best convenience service to Customers.
- Company is committed to maintain Customer’s personal data in full strictly confidential and will not be exposed to any party, unless if required by law. Company will inform Customer if this happened.
- Company is committed to provide 24/7/365 support to Customer.
- Company does not tolerate any harassment with its staff. Customer undertakes to behave in a professional manner whatever the method of communication with Company. Any violation of this clause Company reserves the right to suspend or terminate services with or without prior notice and without liability.
Content
Customer may not publish or transmit via Company’s service any content/material that Company believes:
- contains nudity, pornography or other content deemed adult related.
- is violent or encouraging violence, harassment or hate speech.
- profess hatred for particular racial, ethnic, religious or other group.
- infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information.
- contains viruses, Trojan horses, worms, time bombs, corrupted files or any other similar software or program that may damage the functioning of a computer or an individual’s property.
- contains lottery, gambling, casino.
- contains torrent trackers, torrent portals or similar software.
- contains warez and/org any kind of proxy server or other traffic relaying programs.
- promotes money making schemes.
- violates a person’s privacy.
- compromises the public safety, security or health.
- promotes illegal materials.
- interfaces with the laws applicable to Company.
- unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), cryptocurrency miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
- These websites are prohibited from using our hosting services:
- Movies and/or Music websites.
- Download Centers.
IP Addresses
Company complies with the guidelines of ARIN: https://www.arin.net/policy/nrpm.html All IP Address allocations must be justified based upon this policy. Company reserves the right to request verification at any time for assigned IP addresses at which time by Company in its sole and absolute discretion.
"SSH" Access
- Shared, Cloud, WordPress and Reseller Hosting:
Customer may enable SSH access in his Account, or by contacting Company’s support team. Upon completion of said terms You will be granted Jail access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination.
- Server Management Plans:
- For “Premium” and “Enterprise” plans, Company doesn’t provide a “SSH” access. and if required, Company can provide access while using Company’s VPN.
- Company doesn’t provide access with “root” privileges.
Resources Usage
- Shared, Cloud, WordPress and Reseller Hosting:
- When Customer’s website requests the server to perform tasks, such as connecting to a database, running a PHP script, or sending email, it requires resources from the server’s CPUs (Central Processing Units), as well as disk access from the hard drive and Ram to complete the tasks.
Every hosting plan comes with specific allocated resources. depending on the level of hosting that Customer has, Customer gets a different allotment for CPU usage that you don’t want to go over.
In the event of Customer’s website exceeding one of those limits, it will be auto suspended for a while of time until the consumption rate goes below the limit again. this happens automatically without any human action by Company’s team.
Customer has an option in his control panel to preview the resources consumption. - Accounts may not be used for file storage, media storage and streaming, computer backups or archival purposes.
- When Customer’s website requests the server to perform tasks, such as connecting to a database, running a PHP script, or sending email, it requires resources from the server’s CPUs (Central Processing Units), as well as disk access from the hard drive and Ram to complete the tasks.
Network
Company does not permit, endorse or authorize any form of network abuse, including, but not limited to, denial of service attacks, phishing attempts, port scans, SYN floods, etc.
Company in its sole and absolute discretion to determine what constitutes network abuse and take the appropriate action against Customer with or without prior notice and without liability.
Customer must not engage in unlawful, abusive or irresponsible behavior, including but not limited to:
- Unauthorized access to or use of data, systems or networks, including any attempt to analyze, scan or test the vulnerability of a system or network or to breach security, monitoring data or traffic of any network or system or authentication measures without express authorization of the owner of the system or network.
- Jamming the service to any user, host or network, including, but not limited to, mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks.
- Any behavior likely to give rise to retaliation against the Company network.
- Use of Company’s network in form that harms Company, Company’s affiliates, and Company’s Customers.
Security
At all times, Customer shall bear full risk of loss and damage to his content.
It’s Customer’s sole responsibility to maintain reasonable security precautions for his Account. Customer is responsible for protecting and updating any login account provided for Company’s systems.
Customer must protect the confidentiality of his password, Customer should change the password periodically.
It’s Customer’s responsibility for ensuring all customer provided software installed is updated and patched following industry best practice.
Customer’s use of any third party software is at his own risk. Company cannot be responsible for any third party software performance and provides no guarantee that its use will lead to any particular outcome.
Backup
- Shared, Cloud, WordPress and Reseller Hosting:
- Company provides complementary backup services for Customers.
- Company provides complementary off-site backup (based on your hosting level).
- We create and store daily (every day in the week) local backup for your website.
- We create and store weekly external backup for your website.
- We retain the local backup version for approximately 7 days.
- We retain the external (cloud) backup version for approximately 90 days.
- Customer acknowledges that any backups provided by Company are a courtesy service intended for disaster recovery only.
- These files types are excluded from the external (cloud) backup:
- .zip
- .tar.gz
- .mp3
- .mp4
- .log
- Cloud Backup:
- Company’s Cloud Backup packages are for storing account backup and server restoration data only. External storage packages may not be used for but not limited to content delivery networks, file exchange and download sites or other bulk delivery services.
Bulk Emails
- We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax).
- Company does not tolerate sending unsolicited commercial e-mails or unsolicited bulk emails or facsimiles, which is sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications (collectively, “Spam”). Spam can also include, but is not limited to, the following:
- email messages.
- newsgroup postings.
- Windows or Mac system messages.
- pop-up messages (aka “adware” or “spyware” messages).
- instant messages or online chat room. advertisements.
- guestbook or website forum postings.
- Text/SMS messages.
- Customer must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from Customer will be considered as unsolicited email messages. Customer using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Company. In the event that Customer cannot provide actual and verifiable proof of such consents and opt-ins, Company will consider the mass mailing to be unsolicited.
- Company prohibits the following activities listed, and not limited to:
- Usage of the Company network and systems to receive replies to unsolicited mass e-mail messages.
- Forgery of e-mail headers (i.e.”spoofing”).
- Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
- Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
- Hosting any web pages or providing any services that support spam.
- Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
- Company monitors all traffic to and from Company web servers for indications of Spamming. If Company determines the Account, Products, or Services in question are being used in association with Spam, Company may suspend, or cancel any Account or other applicable Products or Services. In such event, at Company’s election, Company reserve the right to assess a $300 charge upon Customer’s account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. Customer agrees that this fee to be paid before the site, email boxes, and/or services are reactivated.
Trademark or Copyright
Company respects the copyrights. If you believe your copyright is being infringed by a person using the Company’s network, please send to us at servmix.com/en/contact your notice of copyright infringement, Your notice must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material.
- Information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law.
- A statement that the information in Your notification is accurate and a statement, made under penalty of perjury, that You are the rights holder or are authorized to act on the behalf of the rights holder.
