Mach Technologies Terms of Service
1. General Terms.
In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions:
1.1. Customer agrees to pay, in advance of each monthly or yearly service term (Customer’s choice), for hosting services to be rendered.
1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order Mach Technologies’s service for a certain minimum period of time.
1.3. Customer agrees to a no-refund policy in advance. Setup fees and monthly web hosting service fees are non-refundable.
1.4. Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 days of notice.
1.5. Mach Technologies is not and shall not be responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for Mach Technologies’s services.
1.6. Customers agrees to pay all GST applicable to your account (GST is included in all costs quoted on Mach Technologies website).
2. Agreement for Services.
2.1. Mach Technologies will provide, and Customer will purchase and pay for, the website hosting services (the “Services”), according to the 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 Customer is aware of all applicable charges as per the Agreement.
2.2. In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds the allotted amount specified in Customer’s contract, Customer will pay Mach Technologies any additional fees as required to cover excess usage costs. Customer understands that upgrading to the next higher account which will include increased bandwidth is an option available at any time.
3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to Mach Technologies.
3.1.1. Customer must pay in full for the Services before Mach Technologies begins to provide the Services to Customer.
3.1.2. Setup fees will be charged and are due at the time of the Customer’s initial request of the Services requiring setup, unless specified that no set up fees are due.
3.2. Payment is due on the defined monthly recurring billing date of each month. Customer approves the recurring billing of Customer’s Credit Card at the amount and at the frequency chosen by Customer.
3.2.1 Hosting Renewal charges will occurr at the due date automatically. If automatic credit card charging on the due date fails, Service will be interrupted on accounts that reach 10 days past due. All accounts that are interrupted for being 10 days overdue will be charged a 25% late fee. Accounts that are 30 days overdue will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to Mach Technologies a “Processing and Collection” Fee of $200.00 incl GST if you live in the United States and a Collection Fee of $300.00 incl GST if you live in a country other than the United States.
4. Delinquent Accounts.
Mach Technologies 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, and any collection fees to which Mach Technologies may be entitled under this Agreement or under applicable law.
5. Account Cancellation.
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by e-mailing our billing e-mail address listed at http://machtechcorp.net/site/contact.
Once a Customer has cancelled their account, no more charges will be billed to the credit card. Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that Mach Technologies does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable. After the cancellation form is submitted, Mach Technologies reserves the right to immediately terminate your account. No backups will be provided after cancellation.
To cancel a shared or reseller account you must submit a cancellation form 5 days before your account rebills. If the cancellation form is not submitted 5 days before your account rebills you will be responsible for the next months payment.
To cancel a dedicated server you are required to submit the cancellation form 10 days before your dedicated server payment rebills. If the form is not submitted 10 days before you will be responsible for the dedicated server payment for the next month.
6. Refunds and Disputes.
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO MACH TECHNOLOGIES ARE NON-REFUNDABLE.
All payments to Mach Technologies are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in Mach Technologies’ sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.
6.1. 30 Day Money Back Guaranatee is only offered on normal shared and reseller accounts. Not including Dedicated Servers, Semi-Dedicated Plans, Domain Names, Dedicated IP addresses and/or any other addon service ordered. The 30 day money back request must be made within 30 days of the account creation. There will be a full refund of the amount paid for the shared or reseller plan if filed within the 30 day period.
6.2. 99.9% Uptime Guarantee will be determined at the end of the calender month by Mach Technologies’ monitoring system and no other.
If you have:
(100% – 99.9% uptime) — No Refund
(99.9% – 99.5% uptime) — 10% Refund
(99.5% – 99% uptime) — 15% Refund
(99% – 98% uptime) — 20% Refund
(98% – 95% uptime) — 50% Refund
(less than 95% uptime) — 100% Refund
You will not receive a refund larger than what you have paid. A refund will not be issued on addon services, but only on the actual hosting monthly fee.
Mach Technologies does not include the following events in the calculation of the monthly uptime, since we have no control over the events. Mach Technologies shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or DDOS attacks, or hardware failures, or scheduled maintenance or any cause beyond the reasonable control of Mach Technologies.
6.3 48 Hour Response Guarantee is valid only for current clients that have a valid support ticket number in the correct Mach Technologies department. Every ticket you create that is not initially replied to within 48 hours you will receive a $1.00 credit off of your next months hosting payment. You can not receive a credit higher than the amount you pay monthly for your Mach Technologies web hosting package. Users abusing the ticket system will not receive any credit or refund.
7. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.
8. Mach Technologies reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:
8.1. the Acceptable Use Policy, or
8.2. the No-Spam Policy.
8.3. Copyright Statement
9. Customer agrees to defend, indemnify, and hold harmless Mach Technologies, its divisions,. agents, subsidiaries, successors, assigns, employees of Mach Technologies against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable legal fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
10. MACH TECHNOLOGIES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR
10.1. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF MACH TECHNOLOGIES’ SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
10.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
11. MACH TECHNOLOGIES PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. MACH TECHNOLOGIES DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND MACH TECHNOLOGIES SHALL HAVE NO LIABILITY THEREFOR.
12. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MACH TECHNOLOGIES DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
13. MACH TECHNOLOGIES DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.
14. No Waiver of Rights by Mach Technologies.
Any failure by Mach Technologies to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of Mach Technologies’s rights.
15.1. From Mach Technologies to Customer.
Mach Technologies will notify you by e-mail of any notices that Mach Technologies is required to provide to you under this Agreement, at the most current e-mail address you have provided to Mach Technologies.
By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that Mach Technologies has your most current e-mail address, and Mach Technologies shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that Mach Technologies sends to the most current e-mail address you have provided to Mach Technologies.
15.2. From Customer to Mach Technologies.
Unless otherwise specified in this Agreement, notices to Mach Technologies shall be sent to email@example.com.
16. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.
All monetary amounts to which this Agreement refers shall be in American (USD) dollars.
18. Goods and Services Tax (GST).
In accordance with Federal Government Legislation, all fees, charges and costs quoted on the Mach Technologies website is inclusive of GST. A Statement/Tax Invoice clearly showing the cost of Service/s and the GST dollar value paid is provided by e-mail to Customer in each instance where payment has been made to Mach Technologies by Customer.
19. Entire Agreement.
This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and Mach Technologies, and supersedes any prior or previous agreements between you and Mach Technologies with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which Mach Technologies notifies you from time to time, pursuant to this Agreement.
20. No Oral Modification of this Agreement.
This Agreement may not be modified orally.
21.1 Customer shall not assign or attempt to assign its obligations under this Agreement without Mach Technologies’s prior and express written consent to such assignment.
21.2. Mach Technologies may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.
22. Consent to Jurisdiction; Venue.
Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined Mach Technologies.
23. Choice of Law.
For all purposes, this Agreement shall be deemed to have been made within the State of Maryland. This Agreement shall be governed by the laws of Maryland and the laws of the United States of America.
24. Force Majeure.
Mach Technologies shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of Mach Technologies.
25. Severability of Terms of this Agreement.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.
26. Limitation of Actions Arising Under this Agreement.
Any cause of action you may have with respect to Mach Technologies’s performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.