Highly Responsive Technologies is so thankful for all our wonderful customers! We strive to be honest and transparent in all our business services and interactions and we are ALWAYS here to answer questions and provide support. When a rare, troublesome incident involving a customer happens, this Terms of Service agreement is where to look first. Highly Responsive Technologies tries to be understanding of mistakes and in special circumstances, so please email us at [email protected] or via our Contact Us form if you have any questions.
Payments
(a) Recurring Fees
Renewal notices are emailed at least seven days before the actual renew date in your account. If you have a credit card on file your card may automatically be charged as early as two days before your renewal notice is due. If your billing method is Paypal, you may need to manually pay your invoice every month if not signed up under a subscription. All payments submitted for services are non-refundable outside of our 30 day refund policy. Service will be made inactive on accounts that are not paid by the 28th day past due. The term “Account” describes all services provided to a customer as defined by the primary ownership email and physical address. Highly Responsive Technologies reserves the right to revoke this grace period if a pattern of late payment is observed or if your payment method is listed as other. All orders made with a credit card are expected to work on the monthly renewal date each month. Any accounts suspended or terminated due to non payment are subject to a $50.00 restoration fee once all past due invoices have been paid.
(b) Payment Terms
For your convenience Highly Responsive Technologies offers multiple payment terms with increasing discounts for its product lines. All payments to Highly Responsive Technologies are non-refundable after the first 30 days of service. If after the first 30 days of service you request the package to be converted to a different billing cycle any additional monies will be applied to your account in the form of credits and will not be refunded. Any cancellation as the result of a violation of our Terms of Service or Acceptable Use Policy will be non-refundable.
(c) Credit/Debit card and your Address on File
When an order is placed with a credit/debit card, your card is stored on file with our payment processor or payment gateway provider and can automatically be charged every month as early as two days before your due date. For security purposes your address on file with us must match the address of your credit/debit card. If this address does not match, our payment gateway will not accept the transaction. If you have a credit card on file and the transaction is declined due to the address this transaction might show up as a pending charge but will not be processed through. If you have a debit card on file and the transaction is declined due to the address your bank will pull the money out of your account but this money will be refunded back to your account by your bank. It is recommended to always store a credit card on file instead of a debit card.
(d) Taxes
At Highly Responsive Technologies request Customer shall remit to Highly Responsive Technologies all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on Highly Responsive Technologies, regardless of whether Highly Responsive Technologies fails to collect the tax at the time the related services are provided.
(e) 30 Day Money Back Guarantee
All new Highly Responsive Technologies Customers are eligible for a 30 day money back guarantee on all hosting and support packages upon written request, excluding migration or setup fees, premium WordPress plugins or themes, Domain Name Registrations, paid SSL Certificates, and other software or software extensions. The definition of a new customer is one who has never purchased services from Highly Responsive Technologies in the past. Also if a customer purchases a 2nd, 3rd, etc. hosting package and wishes to cancel this particular package they are not eligible for a refund. If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30 day money back guarantee. If the Terms of Service/Acceptable Use Policy agreed upon when ordering is violated this voids your eligibility for the 30 day money back guarantee. Highly Responsive Technologies reserves the right to deny the refund if we feel abuse of services has occurred.
(f) 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, and package upgrades.
(g) Chargebacks and Disputes
Chargebacks and disputes against any payment will result in immediate suspension of all services on the account until the dispute is removed, and the account prohibited from placing any further orders. At Highly Responsive Technologies discretion, all services on the account may be terminated without compensation in the event of dispute or chargeback including any and all customer data, backups and DNS related services.
Service Level Agreement for Hosting
We guarantee that our network, data center HVAC, and power will be functioning 99.9% of the time in any given month, with the following exceptions:
- Scheduled maintenance windows and emergency maintenance windows.
- Planned migrations.
- Account suspension.
- Actions of third parties, such as server compromises, denial of service attacks and viruses.
- Violations of our Acceptable Usage Policy.
- Usage errors by customer.
If we fail to meet the stated guarantee, you can claim credit for the entire cost for the affected monthly services in any one month.
Cancellation and 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 Highly Responsive Technologies terminates the Agreement for Customer’s breach of the Agreement, or Customer terminates the service for Highly Responsive Technologies 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. Customer acknowledges that the cancellation notice or downgrade of current package is to be submitted to Highly Responsive Technologies prior to the following renewal date or the Customer will be responsible for full payment of the following term. The cancellation request will be subject to the following guidelines:
Cancellation request must be submitted to the billing department;
Cancellation request must be submitted from the account email address on file with Highly Responsive Technologies;
Legal and Acceptable Use Policy
Customer agrees that Highly Responsive Technologies may, in its reasonable commercial judgment consistent with industry standards, amend the Acceptable Use Policy and Terms Of Service from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the Acceptable Use Policy and Terms Of Service are effective on the earlier of Highly Responsive Technologies’ notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Highly Responsive Technologies’ reasonable investigation of any suspected violation of the Acceptable Use Policy. In the event of a dispute between Highly Responsive Technologies and Customer regarding the interpretation of the Acceptable Use Policy, Highly Responsive Technologies’ commercially reasonable interpretation of the Acceptable Use Policy shall govern.
Customer Information
Customer represents and warrants to Highly Responsive Technologies that the information he, she or it has provided and will provide to Highly Responsive Technologies for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Highly Responsive Technologies that he or she is at least 18 years of age. Highly Responsive Technologies may rely on the instructions of the person listed as the Primary Customer Contact with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contact.
Indemnification
Customer agrees to indemnify and hold harmless Highly Responsive Technologies, Highly Responsive Technologies’ 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 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.
Disclaimer of Warranties
HIGHLY RESPONSIVE TECHNOLOGIES DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW HIGHLY RESPONSIVE TECHNOLOGIES DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
Limitation of Damages
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 POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF HIGHLY RESPONSIVE TECHNOLOGIES AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.
IF ANY LAWSUIT OR ARBITRATION OR OTHER LEGAL PROCEEDING ARISES IN CONNECTION WITH THE INTERPRETATION OR ENFORCEMENT OF THIS AGREEMENT, HIGHLY RESPONSIVE TECHNOLOGIES, LLC SHALL BE ENTITLED TO RECEIVE FROM THE OTHER PARTY THE COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES INCURRED IN CONNECTION THEREWITH, IN PREPARATION THEREFOR AND ON APPEAL THEREFROM, WHICH AMOUNTS SHALL BE INCLUDED IN ANY JUDGMENT THEREIN.
Suspension/Termination
(a) Suspension of Service.
Customer agrees that Highly Responsive Techologies may suspend services to Customer with or without notice and without liability.
(b) Termination.
Highly Responsive Technologies 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 the Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Highly Responsive Technologies 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. Termination in this manner does not absolve the customer of any required payments remaining on their initial or renewal term.
Either party may terminate this agreement upon five (5) 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.
Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Bandwidth overages are billed at the rate of $20 per TB used. Unused transfer in one month cannot be carried over to the next month. If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30 day money back guarantee and you are responsible to pay for any overage.
Domains
Highly Responsive Technologies is not a domain registrar. We are a reseller for NameCheap so all Highly Responsive Technologies customers who purchase a domain from us or transfer a domain to us are bound by the terms and conditions set forth by NameCheap. You will receive notice from Highly Responsive Technologies once your domain is up for renewal. If you do not renew your domain by the expiration date you run the risk of loosing your domain. Domain names are billed as separate services and must be kept current to ensure they do not expire. If your domain is not purchased from us or transferred to us, you are solely responsible for managing and renewing your domain.
Requests for Customer Information
Customer agrees that Highly Responsive Technologies may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Highly Responsive Technologies 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.
Back Up Copy
Highly Responsive Technologies highly recommends that all customers retain up to date backup copies of their data off site for disaster recovery purposes.
VPS Customers
Highly Responsive Techologies provides complementary backup services for our VPS customers. These snap shots are taken every day and stored for approximately 8-14 days. Customer agrees to maintain a current copy of all content hosted by Highly Responsive Technologies notwithstanding any agreement by Highly Responsive Technologies to provide back up services. Customer acknowledges that any backups provided by or for Highly Responsive Technologies services are a courtesy service intended for disaster recovery only and that Highly Responsive Technologies does not warrant or guarantee the availability, integrity, content or operability of these backups.
Managed WordPress Customers
Highly Responsive Technologies provides complementary backup services for our Managed WordPress customers. We create and store daily backups for up to 14 days. Customer agrees to maintain a current copy of all content hosted by Highly Responsive Technologies notwithstanding any agreement by Highly Responsive Technologies to provide back up services. Customer acknowledges that any backups provided by or for Highly Responsive Technologies services are a courtesy service intended for disaster recovery only and that Highly Responsive Technologies does not warrant or guarantee the availability, integrity, content or operability of these backups.
Unmanaged Customers
Highly Responsive Technologies does not provide any backup services for our unmanaged product lines. Customer is responsible for creating and maintaining backups of their data. Highly Responsive Technologies does not warrant or guarantee any data on unmanaged services.
Changes to Our Network
Upgrades and other changes in Highly Responsive Technologies network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of customer’s hosted content and/or applications. Highly Responsive Technologies reserves the right to change its network in its commercially reasonable discretion, and Highly Responsive Technologies shall not be liable for any resulting harm to customer.
Notices
Notices to Highly Responsive Technologies under the Agreement shall be given via electronic mail to the e-mail address of [email protected] or via our Contact Us form. All notices, including but not limited to support or billing requests, must be submitted from a registered e-mail address on file for the customer account.
Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact. It is the Customers responsibility to ensure valid and accurate contact information is supplied and updated as necessary. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this section.
Force Majeure
Highly Responsive Technologies shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Highly Responsive Technologies’ 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.
Binding Arbitration
As a Customer of Highly Responsive Technologies you agree to submit to binding arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The location of Arbitration shall be selected by Highly Responsive Technologies at the time of the dispute.
No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.
The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages & each party shall bear its own costs, fees and expenses of arbitration.
This Agreement together with Acceptable Use Policy constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.