SabaServers agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of SabaServers Service constitutes acceptance and agreement to SabaServers AUP as well as SabaServers TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of SabaServers and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of SabaServers . Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by SabaServers, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.
2. SabaServers will provide, and Customer will purchase and pay for, the Services, and 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 they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay SabaServers any additional fees as specified in the Service Description within three (3) days of invoicing period. Any BW overage bill not paid within three (3) days of invoicing will be subject the server and services to suspension.
Payments and Fees:
Acceptable means of payment are credit card, paypal, and wire transfer. Paypal payments must be submitted to paypal@sabaservers.com . Payments made by paypal will be reflected to the account within 24 business hours. Accounts paid by wire transfer must submit Half yearly or Yearly payments for service. Payment is due on the defined monthly recurring billing date of each month. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $150.00 reconnection charge. Accounts not paid by due date are subject to a $10.00 late fee. Accounts that are not collectable by SabaServers will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty($50.00) nor more than One Hundred, Fifty($150.00)
Delinquent Accounts:
SabaServers 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, or any collection fees.
Account Cancellation:
All requests for canceling any service / services must be made in writing at least 2 days prior your new billing period begins. For cancelation you should open a Ticket with our Billing Department on our Support Portal at http://65.111.186.91/support . Confirmation Receipt of cancellation will be sent within 24 hours. An account is not cancelled until a confirmation is sent. |
TERMS OF PAYMENT
Each account has strict resource quotas; it is your responsibility to monitor usage and strictly adhere to such quotas. SabaServers.com may at time, but has no obligation to, monitor and enforce the resource quotas. Any quota excess incurred will be automatically charged to your account on a pro-rated basis. Except as stated herein, SabaServers.com offers absolutely no refunds under any circumstances. SabaServers.com reserves the right to change any of the features, content, applications, or prices of the service at any time, with or without notice to you. Current service prices and features may be obtained by visiting the SabaServers.com website at www.SabaServers.com or by calling (661) 393-3322.
You agree to pay SabaServers.com appropriate payment for the service in advance of the time period during which the Service is provided. Appropriate payment will be determined solely and exclusively by SabaServers.com You agree that any and all prepayments will be billed and charged automatically, and that SabaServers.com may apply the amount due to the provided card or other SabaServers.com authorized payment method on your account at any time. Any account for which payment is declined for any reason is subject to a service fee. If payment for the Service is not received by the first business day of the period, the Service may be immediately discontinued. However, this does not constitute an obligation for SabaServers.com to discontinue any delinquent account. SabaServers.com does not and will not assume any such obligation. A reactivation fee may be required to reactivate any previously discontinued account. You agree that SabaServers.com has the authority to determine, on an individual basis, the amount of the aforementioned fees.
You agree to provide SabaServers.com with current billing and contact information. You authorize SabaServers.com to bill all account and related charges to the credit card or other SabaServers.com authorized payment method on file. Furthermore, you understand that unless you notify SabaServers.com of your desire to cancel the service, and you complete the cancellation process outlined in this Agreement, any and all services will be billed and/or charged on a recurring basis to your account. In order for the account to be cancelled, any remaining balance must be paid in full at the time of cancellation and will be pro-rated.
YOU ARE RESPONSIBLE AT ALL TIMES FOR KEEPING A COPY OF YOUR FILES AS A BACKUP AT A SECURE LOCATION. SabaServers.com is not responsible for any lost files, information or data, including but not limited to such losses that are a direct result of SabaServers.com negligence.
REFUND & DISPUTES
All payments to SabaServers are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, in SabaServers discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in immediate service interruption, and reconnection fees to restore the desired service.
This Agreement shall be interpreted under, and governed by, the laws of the State of California. By entering into this Agreement, you submit to jurisdiction in California USA for adjudication of any disputes and/or claims arising out of or relating to this Agreement or SabaServers.com service(s). In any litigation, arbitration or other proceeding by which one party seeks to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause.
Any such dispute or claim shall be arbitrated on an individual basis. Under no circumstance shall multiple disputes or claims be consolidated in any arbitration. As the parties consented that this Agreement shall be interpreted under, and governed by, the laws of the State of California, said Arbitration shall be held in the State of California. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in California necessary to protect the rights or property of party pending the completion of arbitration.
Should either party file an action contrary to this provision, the other party may recover attorney fees and costs.
You agree that your sole and exclusive remedy to any issues relating to SabaServers.com services is to discontinue using the service.
MODIFICATION OF AGREEMENT
SabaServers.com reserves the right to modify or change any and all sections of this Agreement at any time and without advance notice. Such modifications shall become effective upon making the modified provisions available on the SabaServers.com website. You are responsible for regularly reviewing these documents and staying informed of any such changes. Your continued use of the service after any such changes to the Agreement shall constitute your consent to such changes. SabaServers.com does not and will not assume any responsibility to inform you of any modifications to the Terms and Conditions of Service. |