Server-Logix

Term and Payment

Term: By default this Agreement will be for an initial "Term" of 1 month from the date the Services are first provided by Server-Logix. Except when a service order between the client and server-logix is signed by both parties, in which the terms and conditions for a service term will apply.

This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term or any Renewal Term for a period of thirty (30) days unless you provide Server-Logix with written notice of termination at least five days (5) before the end of the Initial Term or Renewal Term (also referred to interchangeably and collectively as "Term"), whichever is then applicable.To provide your notice of termination, you must submit a ticket to the Billing department via https://moss.server-logix.com and fill out the corresponding cancellation form to initiate the cancellation of your service. Pricing and duration of Terms may be modified only if in writing (such as a Service Order) signed by Server-Logix.

Payments must be recieved by Server-Logix by the due date of the invoice. Any failure on our part to send invoices does not absolve you from the requirement to pay. Payment methods may be amended from time to time but include paypal, company check or money order. Any payment methods other than electronic payment such as paypal or credit card must be received prior to setup or the start of any new term and initial payment must be made for 2 or more months.

Termination

This Agreement may be terminated: (i) by you or Server-Logix during any Renewal Term, without cause, by giving the other party no less than ten (10) calendar days prior written notice, or a greater number of days prior notice if specified in a Service Order accepted by Server-Logix; (ii) by Server-Logix in the event of nonpayment by you as provided in the section below or (iii) by Server-Logix, at any time, without notice, if, in Server-Logix sole judgment, you are in violation of any terms or conditions of the AUP.

If you terminate this Agreement, or if Server-Logix terminates this Agreement for your breach, before the end of the Initial Term or the Renewal Term, whichever is then applicable, you will be required to pay immediately and without setoff or delay all charges, fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the Term and any other amounts including, but not limited to, bandwidth overage charges that you owe to Server-Logix under this Agreement. Server-Logix reserves the right to terminate your service for any actions that are prohibited in the Acceptable use policy or Terms of Service or for not payment.

Charges Payments and Fees

Charges You will immediately pay, upon receiving an electronic invoice from Server-Logix, all charges for your use of the Services at the then current Server-Logix prices for that category of service or any special offer applicable to your account as determined by Server-Logix. You are responsible for paying all federal, state, and local sales, use, value added, excise duty and any other taxes assessed with respect to the Services, other than taxes based on Server-Logix net income. If you default on any of your obligations under this Agreement and Server-Logix must engage a collections effort to collect past due sums associated with your use of Services, you are responsible for all costs of collection of all amounts owed under this Agreement, including reasonable attorney's fees of Server-Logix.

Your Order Form specifies either a capped-unmetered rate, or a bandwidth usage amount. This represents the amount of bandwidth that your account is provided, or are allowed to use for each calendar month. For burstable and bandwidth limited accounts, if you exceed this allotment for any reason in any calendar month, even if you have cancelled service with Server-Logix during the month, you will be charged overage bandwidth at a rate of $.50 per gigabyte. Bandwidth billing is done in arrears, and you will receive your bill for overage bandwidth during the first week of the following month that the overage occurred. It is your responsibility to monitor your bandwidth usage and to pay for all overages. If you are a reseller, it is your responsibility to monitor the bandwidth usage of your client(s) as you are solely responsible for any and all overages incurred by them.

Payment and Fees

You will pay all charges for the first month of service in advance on the first day of the Initial Term. You will pay all subsequent charges for Services in their entirety in advance on the anniversary day of each successive month. You must pay for the Services by credit card. You authorize Server-Logix to charge your credit or debit card to pay for any charges that may apply to your account. You have a specific obligation to immediately notify Server-Logix of any changes to your card account (including applicable account number or cancellation or expiration of the account, your billing address, or any information that may prohibit Server-Logix from properly charging your account). Failure to immediately and fully pay your fees for Services and applicable taxes when invoiced by Server-Logix shall be a material breach of this Agreement, justifying Server-Logix to suspend its performance and terminate this Agreement. If Server-Logix terminates this Agreement for your material breach, you will be required to pay immediately all fees and costs accrued before the termination date, and any other amounts you owe to Server-Logix under this Agreement including, but not limited to, termination fees and bandwidth overage charges. You are responsible for any costs that Server-Logix incurs in enforcing collection, including reasonable attorneys' fees, court costs and collection agency fees.

Credit cards that are declined for any reason when Services are invoiced are subject to an additional processing fee. Service will be immediately interrupted on any account that is unpaid. Service interrupted for non-payment is subject to a $25 suspension charge. Accounts not paid by the due date are subject to a $5 late fee that accrues daily until paid in full. Accounts that are not collectable by Server-Logix may be turned over to an outside collection agency for collection. If you account is turned over for collection, you agree to pay the company an additional "Collection" fee of not less than $50 nor more than $150. If you desire to cancel the account, please follow the correct procedure to do this at https://billing.server-logix.com

Refunds Disputes and Non pay

*All payments to Server-Logix are non refundable* and include any applicable setup fees and subsequent charges regardless of usage.

All overcharges or billing disputes must be reported within 35 days of the time that the dispute occurred. If you dispute a charge to your credit card issuer that, in Server-Logix sole discretion, is a valid charge under the provisions of this Agreement and/or AUP, you agree to pay Server-Logix an additional "Investigation Fee" of $100.00.

Failure to Pay Server-Logix may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not, in any way, relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and all collection fees, termination fees, including legal expenses.