Terms of Service
User Agreement:
All Customers of Hosting Mzd's basic services are subject to the terms and conditions stated below. The User Agreement is a legal contract between Hosting Mzd and the User that contains the rights duties and obligations of Hosting Mzd and it's Users.
Services:
Hosting Mzd agrees to provide the Web Hosting, Domain Names and other relevant services as described in the packages to customers. All orders would be processed and delivered with-in 24-72 hours depending on the product and plan chosen. You must be atleast 18 years old to use our services.
Term:
The initial service term of the Agreement shall begin on the date that Hosting Mzd accept the order and generates an e-mail message to customer confirming the activation of the customer's account indicating service commencement date and shall continue for the first partial month of service plus the number of full calendar months stated in the Order the initial term. Upon expiration of the Initial term, this agreement shall automatically renew for up to three successive renewal terms of having the same number of full calendar months as the Initial term each a renewal term unless Hosting Mzd or customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial term or then-current renewal term, as applicable. The initial term and any renewal term may be referred to collectively in this agreement as the "Term."
Payments/Fees:
Payments or Fees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall be monthly, quarterly, semiannually, Annually or triennially as stated in the site at beginning on the service commencement date. Hosting Mzd may require payment for the first billing cycle before beginning of the service. If the order provides for credit/debit card billing, customer authorizes Hosting Mzd to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the term of this agreement, Otherwise Hosting Mzd will invoice customer via electronic mail to the primary customer contact listed on the order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 14th day following invoice date, but in no event earlier than the first day of each billing cycle. Customer is responsible for providing Hosting Mzd with changes to billing information "such as credit card expiration, change in billing address" At its option, Hosting Mzd may accrue charges to be made to a credit/debit card until such charges exceed $10.00. Hosting Mzd may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. Hosting Mzd may suspend service(s) under a single account or with associated accounts with or without notice if payment for the service(s) are overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay Hosting Mzd reasonable reinstatement fee following a suspension of service for non-payment, and to pay Hosting Mzd reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs if any. All credit cards and billing information is transmitted using SSL encryption to secure backend servers. Full credit card details are not retained by Hosting Mzd.
Fee Increases:
Hosting Mzd may increase its packages/fees for services effective the first day of a renewal term by giving notice to customer of the new fees at least forty five (45) days prior to the beginning of the renewal term, and if customer does not give a notice of non-renewal as provided in section 3 above, the customer shall be deemed to have accepted the new fee for that renewal term and any subsequent renewal terms unless the fees are increased in the same manner for a subsequent Renewal Term.
Taxes:
At Hosting Mzd request customer shall remit to Hosting Mzd all sales, VAT or similar tax imposed on the provision of the services but not in the nature of an income tax on Hosting Mzd regardless of whether Hosting Mzd fails to collect the tax at the time the related services are provided.
Early Termination:
Customer acknowledges that the amount of the fee for the service is based on customer's agreement to pay the fee for the entire initial term, or renewal term as applicable. In the event Hosting Mzd terminates the agreement for customer's breach of the agreement in accordance with Section 16 (Termination of The Agreement), or customer terminates the service other than in accordance with section 16 (Termination of The Agreement) for Hosting Mzd's breach, the unpaid fees for each billing cycle remaining in the initial term or then current renewal term as applicable are due on the business day following termination of the agreement.
Affiliates:
We have launched a new referral program to earn the highest commission by referring customers to us. Simply visit our Affiliates Program page and create a new account or use your existing account and start earning today. It's easy and convinient tool by just one click to refer customers to us. Simply copy the affiliate link after activating the affiliate account and share it with others through email and other sources like banners, ads etc.... When others will open the link by clicking on your provided link and make purchases through your unique affiliate link, we will credit your account 10% percent each time. Affiliate will get the 10% percent of the total order. You will be able to request a withdrawal as soon as your balance reaches the minimum required amount of $50.00 USD. Commision will be paid to active affiliates only.
99.9% Uptime Network:
Anytime the availability of your website is our top priority. We stand by that fact with our uptime network. We aim that your Shared Web Hosting, Cloud Hosting, VPS and Dedicated Servers shall be online 99.9% of the service commencement date.
Exceptions might include:
(I) Scheduled maintenance windows and emergency maintenance windows.
(II) Server shutdown due to account suspension.
(III) Factors outside our control, such as force majeure events, failure of our upstream providers or your ISP.
(IV) Software running within your virtual servers.
(V) Actions of third parties, such as server compromises, denial of service attacks and viruses.
(VI) Violations of our (AUP) Acceptable Use Policy.
(VII) User activity errors.
Refunds:
All charges are non-refundable unless expressly stated otherwise provided by applicable law.
Money-back Guarantee:
Notwithstanding above stated refunds provisions any charges relating to core services provided by Hosting Mzd such as Shared Web Hosting and Cloud Hosting accounts announced are covered by a thirty (30) day money back guarantee. A claim may be made for a refund of these charges only within the first thirty (30) days starting from the service commencement date if receiving products or services are not the same as offered by Hosting Mzd or not working properly. The thirty (30) day money back guarantee does not cover add-on license fees (e.g. cpanel, windows, backup software and or domain registration. You will be refunded the amount paid by the means with which you paid and as soon as possible and in any event within 10 working days. Should you have any queries please contact us on billing@hostingmzd.com. Hosting Mzd reserves the right to refuse to provide a refund under the money back guarantee if Hosting Mzd reasonably believes that you are acting in an unacceptable manner or attempting to abuse the money back guarantee which Hosting Mzd offers as a goodwill gesture. Customer agrees to use the service in compliance with applicable law and Hosting Mzd acceptable use policy posted at https://www.hostingmzd.com/tos.php
Chargebacks:
A chargeback is the payment request that a user files with their card issuer or financial institution with any subsequent reversal instruction is made by the payment processor and not by us. In this case we are bound to follow such instructions.
You acknowledge and agree that we will be entitled to recover any chargebacks and reversals that may be imposed on us by your payment processor on funds, as well as any processing or any other fees whatsoever incurred by us on those chargebacks and reversals.
You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction through your payment processor. If you initiate any chargeback request or other request for information or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.
Violation:
Customer agrees to co-operate with Hosting Mzd reasonable investigation of any suspected violation of the (AUP) Acceptable Use Policy. In the event of a dispute between Hosting Mzd and customer regarding the interpretation of the (AUP) Acceptable Use Policy, Hosting Mzd commercially reasonable interpretation of the (AUP) Acceptable Use Policy shall govern. Customer represents and warrants to Hosting Mzd that the information he or she has provided and will provide to Hosting Mzd for purposes of establishing and maintaining the service is accurate. If customer is an individual customer represents and warrants to Hosting Mzd that he or she is at least 18 years of age. Hosting Mzd may rely on the instructions of the person listed as the primary customer contact on the order with regard to customer's account until customer has provided a written notice changing the primary customer contract. Customer agrees to indemnify and hold harmless Hosting Mzd, Hosting Mzd's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought 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) Acceptable Use Policy 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. Hosting Mzd does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law Hosting Mzd disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and noninfringment. To the extent permitted by applicable law, all services are provided on an 'AS IS' basis. Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibly of such damages. Notwithstaning anything else in the agreement to the contrary, the maximum aggrigate liability of Hosting Mzd any and any of it's employees, agents or affiliates, under any theory of law (Including Breach of Contract, Tort, Strict liability, and infrigement) shall be a payment of money not to exceed the amount payable by customer for three months of service.
Fraud/Unlawful Use:
You may not use Hosting Mzd for any unlawful purposes or to conduct illegal activities.
Suspension of Service:
Customer agrees that Hosting Mzd may suspend services to customer without notice and without liability if: (I) Hosting Mzd reasonably believes that the services are being used in violation of the (AUP) Acceptable Use Policy; (II) Customer fails to co-operate with any reasonable investigation of any suspected violation of the (AUP) Acceptable Use Policy; (III) Hosting Mzd reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (IV) As requested by a law enforcement or regulatory agency. Customer shall pay Hosting Mzd reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
Termination of 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 if Hosting Mzd fails in a material way to provide the service in accordance with the terms of the agreement and does not cure the failure within ten (10) days of customer's written notice describing the failure in reasonable detail. The agreement may be terminated by Hosting Mzd prior to the expiration of the initial term or any renewal term without further notice and without liability as follows: (I) Upon ten (10) days notice if customer is overdue on the payment of any amount due under the agreement. (II) Customer materially violates any other provision of the agreement, including the (AUP) Acceptable Use Policy, and fails to cure the violation within thirty (30) days of a written notice from Hosting Mzd describing the violation in reasonable detail. (III) Upon one (1) day notice if customer's service is used in violation of a material term of the (AUP) Acceptable Use Policy more than once. or (IV) Upon one (1) day notice if customer violates Section 13 (Violation) of this agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations. Customer agrees that Hosting Mzd may do without notice to Customer. (I) Report to the appropriate authorities any conduct by customer or any of customer's or end users that Hosting Mzd believes violates applicable law. and (II) Provide any information that it has about customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request. Customer agrees to maintain a current copy of all content hosted by Hosting Mzd notwithstanding any agreement by Hosting Mzd to provide backup services. Hosting Mzd shall not be in default of any obligation under the agreement if the failure to perform the obligation is due to any event beyond Hosting Mzd control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry. Governing Law and Choice of Form - The laws of USA, the State of Missouri will govern this agreement, without reference to rules governing choice of laws. Any action relating to this agreement must be brought in the federal or state courts located in Missouri. When these terms take effect. Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This agreement may be amended only by a formal written agreement by Hosting Mzd. The terms on customer's purchase order or other business forms are not binding on Hosting Mzd unless they are expressly incorporated into a formal written agreement. A party's failure or delay in enforcing any provision of the agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the agreement. A party's waiver of any of its right under the agreement is not a waiver of any of its other rights with respect to a prior contemporaneous or future occurrence, whether similar in nature or not. The captions in the agreement are not part of the agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the agreement. There are no third party beneficiaries to the agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the agreement. Customer may not transfer the agreement without Hosting Mzd prior written consent. Hosting Mzd's approval for assignment is contingent on the assignee meeting Hosting Mzd's credit approval criteria. Hosting Mzd may assign the agreement in whole or in part. This SLA covers clients who have our standard un-managed offering. All (SLA) Service Level Agreement claims must be made within 7 (seven) days of the event occurring. We guarantee that the our network, data centre HVAC, and power will be functioning 99.9% of the time on any given month, excluding for the following: (I) Scheduled maintenance windows and emergency maintenance windows. (II) Server shutdown due to account suspension. (3) Factors outside our control, such as force majeure events, failure of our upstream providers or your ISP. (IV) Software running within your virtual servers. (V) Actions of third parties, such as server compromises, denial of service attacks and viruses. (VI) Violations of our (AUP) Acceptable Use Policy. (VII) User activity errors.
