1. OWNERSHIP AND SERVICES PURCHASED
- 1.1. The individual or entity set out in our records as the primary billing contact shall be the owner of the account.
- 1.2. The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased (“Service Description Page”) based on their description on the Service Description Page as of the Effective Date, as defined below. BOFTECH may modify the products and services it offers from time-to-time. Should the Service Description Page change subsequent to the Effective Date, we have no obligation to modify the Service to reflect such a change. The services and products provided to you by BOFTECH as set out on the Service Description Page, are referred to as the “Services.”
- 1.3. Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. You may terminate this Agreement if such a change materially affects the Services.
2. TERM OF AGREEMENT
- 2.1. This Agreement becomes effective immediately when Customer clicks “I Agree.” (“Effective Date”) and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of HostNine, or by the posting by BOFTECH of a revised version.
- 2.2. The term of this Agreement is set to the Customer's billing term (“Term”). If no Term is set out, the Term shall be one (1) year. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, unless one party provides notice of its intent to terminate as set out in this Agreement.
3. OBEYING THE LAW
- 3.1. BOFTECH is registered and located within the United States of America and as such, we are required to comply with the laws and official policies of the United States of America, regardless of where the Services are provided. In addition, BOFTECH will comply with appropriate laws and official policies set forth by the State of MICHIGAN
4. PAYMENTS AND BILLING
- 4.1. BOFTECH will automatically bill your payment method on file up to fifteen (15) days prior to the due date on all terms of one (1) or more years; for terms less than one (1) year in length, BOFTECH will attempt to bill your payment method on file up to five (5) days prior to due date. All fees are billed in United States Dollars (“USD”) and are subject to change with thirty (30) days notice prior notice to you.
- 4.2. Your “Billing Term” is the period of time you have chosen to receive bills for the Services. For example, your Billing Term may be monthly, quarterly, or annually.
- 4.3. BOFTECH is only able to automatically collect payment from customers with credit cards stored on file (as opposed to credit cards used one for one time transactions) or active PayPal subscriptions. All other payment methods (one time credit card payments, check, money order, PayPal one time payments, etc.) must be initiated manually by you. It is your obligation to ensure that reoccurring fees are paid on their due date.
- 4.4. As a customer of BOFTECH, it is your responsibility to ensure that all billing information on file with BOFTECH is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. BOFTECH screens all orders for fraud and other unethical practices. Services will not be activated until this fraud screen is completed. In certain cases, if your account is flagged for fraud, third party services, such as domain name registrations, will not be processed. BOFTECH has no liability for the failure to provide Services, including third party services, if your account fails its fraud screen.
5. LATE PAYMENTS
- 5.1. Any account not paid in full by the end of the first day of the Billing Term will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, BOFTECH reserves the right to suspend your Service(s) with BOFTECH and to charge a $10 "late penalty." Fourteen (14) days following suspension of Services for non-payment, BOFTECH reserves the right to terminate Service(s) for non-payment.
- 5.2. BOFTECH is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, BOFTECH reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.
6. REFUND POLICY AND BILLING DISPUTES
- 6.1. BOFTECH offers a forty-five (45) day money back guarantee on shared web hosting, reseller packages, Cloud VPS and Hybrid plans. After the forty-five (45) day money back guarantee, eligible plans are eligible for an account credit on a prorated basis. Such credits will have any previous extended term discounts withheld from the total credit amount and will be calculated based on the number of months remaining in your billing cycle.
- 6.2. No refunds are offered on dedicated server packages, custom packages, setup fees, domain registrations, domain transfers, domain renewals, SSL certificates, WHMCS Licenses, addons, dedicated IP addresses, advanced support fees, processing fees, or software licenses. BOFTECH reserves the right to deduct fees for value added services that may have been included in the Services at no additional fee, such as a SSL certificate or free domain name registration, from any refunds or account credits.
- 6.3. Only first-time accounts are eligible for a refund under the 45 day money back guarantee. For example, if you had or still have an account with BOFTECH before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with HostNine. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement.
- 6.4. Refunds will be issued only to the payment method that the original payment was sent from, and may take up to one (1) week to process. Eligible payments older than sixty (60) days may require a refund via PayPal due to HostNine's merchant account policies and procedures.
- 6.5. The following methods of payment are not refundable any circumstances (including during the money back guarantee period, if one applies), and refunds will be posted solely as credit to the hosting account for current or future Services: bank wire transfers, Western Union payments, checks and money orders.
- 6.6. BOFTECH will not activate new orders or provide additional Services for customers who have an outstanding balance with BOFTECH. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by BOFTECH in writing.
- 6.7. Exchange rate fluctuations for international payments are constant and unavoidable. Like all payments, all refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and BOFTECH is not responsible for any change in exchange rates between time of payment and time of refund. In addition, HostNine reserves the right to refuse a refund at any time for any or no reason.
- 6.8. If you believe there is an error in BOFTECH's billing, you must contact HostNine about it, in writing, within thirty (30) days of the date you are billed or charged. BOFTECH's obligation to consider your claim is contingent on your providing it with sufficient facts for BOFTECH to investigate your claims. You waive your right to dispute any charges or fees if you fail to notify BOFTECH in writing or meet the deadline set out above. If HostNine finds that your claim is valid, BOFTECH agrees to credit your account on your next billing date. Third party fees are not subject to this dispute provision and are final.
7. CHARGEBACKS, REVERSALS, AND RETRIEVALS