Terms of service ( TOS )
TOS applies to all Data and Wireless Inc Dedicated and Colocated clients. TOS applies automatically to all Data and Wireless Inc clients upon subscription to the Services including subscription through a third party to Data and Wireless Inc services you accept the policies listed in this document and accept them and agree to abide by them. The service order is described as the package description as presented on the web site or the " service order " document in case of colocation and dedicated server services.
Use of Data and Wireless Inc Inc. services constitutes acceptance and agreement to these Terms Of Service and all attachments. Data and Wireless Inc Inc. will make all reasonable efforts to provide a quality service to the Customer, subject to the following Terms of Service (TOS).
Data and Wireless Inc will use the customer's personal information provide contracted services and to collect fees owed and will not disclose such information to any third party except as required by law. The Customer authorizes Data and Wireless Inc to use it's name, business name and comments in marketing documents. At any time, the Customer can send a written notice to withdraw this authorization.
Data and Wireless Inc. will provide to the Customer the Internet Connectivity, IP Addresses and Internet Traffic services, as specified in the Service Order. The Customer agrees to use bandwidth as described in the Acceptable Usage Policy and agrees that bandwidth shall not exceed the number of gigabytes per month for the Services ordered by the Customer on the Service Order Form and that number of gigabytes is the sum of the incoming and outgoing data transfer for a period of 1 month. Data and Wireless Inc Inc. will monitor the Customer's bandwidth usage and shall have the right to take corrective action if the Customer's bandwidth usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges based on the per gigabyte price stated on the Service Order.
Any IP Addresses allocated to the Customer by Data and Wireless Inc Inc must be maintained by the Customer in an efficient manner as deemed by ARIN and utilized at 80% within 10 days of assignment by Data and Wireless Inc to the Customer. Failure to comply with this Section may result in the revocation of IP Addresses by Data and Wireless Inc after 5 days notice to the Customer. Data and Wireless Inc Inc. shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by Data and Wireless Inc Inc. Data and Wireless Inc Inc reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. All ip requests must be fully justified.
The Customer will pay Data and Wireless Inc Inc. the One-Time Install Fees and Recurring Monthly Fees specified in the Service Order, as well as any charges for Other Services the Customer will pay all applicable taxes levied against or upon the services stipulated in the Service Order (as amended by the parties from time to time) or otherwise provided by Data and Wireless Inc Inc. under this Agreement. All One-Time Install Fees will be payable in advance. Recurring Monthly Fees will be payable in advance upon the Customer's chosen payment period. All other fees and the cost will be payable monthly and payment due on the renewal date. Except for the First Month's Payment shown in the Service Order, which must be paid by the Customer to Data and Wireless Inc Inc. before commencement of the Term, all amounts will be payable in US dollars within 15 days from the date of Data and Wireless Inc Inc.'s invoices, which invoices will be issued 15 days before the end of the last paid period. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts that are not paid 45 days after due date may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Collection Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Any payment not made when due will be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%). Bounced checks are subject to a penalty fee of $20 USD.
If the Customer is in default of any of its obligations under this Agreement, then Data and Wireless Inc Inc. may in its sole discretion do any or all of the following:
(i) without notice suspend access to Services,
(ii) if the Customer's default is non-payment of any sums due to Data and Wireless Inc Inc., exercise all the rights and remedies of a secured party under applicable law including, without limitation, with the minimum notice (if any) required by law, Data and Wireless Inc Inc. may seek judgement for indebtedness owing to Data and Wireless Inc Inc. as well as any costs (including reasonable legal fees) incurred by Data and Wireless Inc Inc. in exercising any remedy under this Agreement.
Service will be interrupted on past due accounts after a 48 hours notification. Service interrupted for nonpayment is subject to a $25 reconnect charge. Accounts that are not collectible by Data and Wireless Inc Inc. may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Upon 30 days or greater written notice prior to the end of the initial commitment, Data and Wireless Inc Inc. may change any fees payable under this Agreement.
Term and termination
The term of this Agreement shall begin upon the date the server is installed and made available to the customer and shall be for the period stated in the commitment section of the Service Order. If no commitment is stated, the term will be of 1 month. Agreement is renewed for successive 1 month after initial commitment until terminated by either Party. After initial commitment stated on the service order, either party may terminate this Agreement on the account's anniversary date (an account anniversary date corresponds to the day of the month at which an account was opened.) (i) for convenience on 48 hours before the next anniversary date written notice to the other party, or (ii) if the other party (x) commits a material default (which, in the case of the Customer, will include any failure to make any payment when due) and fails to rectify such default within 10 days after being given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing.
Billing and termination
Invoices are sent by email, upon request a copy can be sent by mail. First Month's Payment shown in the Service Order must be paid by the Customer to Data and Wireless Inc Inc. before commencement of the Term. All other invoices must be paid by the Customer within 15 days from the date of Data and Wireless Inc Inc.'s invoices, which invoices will be issued 15 days before the end of the last paid period.
Cancellation requests must be made in writing with the customer's signature with at least 48 hours notice and sent to : Data and Wireless Inc, . You can also send the cancellation request by fax to 1.
Service downgrades and upgrades
Service downgrades (for instance, when changing to a package that offers fewer options) will take effect at the account's anniversary date only (an account anniversary date corresponds to the day of the month at which an account was opened. For instance, if an account was opened on November 8, this account may be modified on the 8th of each month once the original commitment is over). Service upgrades, however, may take effect at any time.
Limitation of Liability
The customer acknowledges that Data and Wireless Inc permits other customers to install their software and equipment in the premises. Data and Wireless Inc. will have no liability for any damages, costs, or losses incurred by the customer (or its customers) caused by such other licensees' acts, equipment, softwares, activities or failures to act. The limit of Data and Wireless Inc's liability in contract, tort (including negligence) or by statute or otherwise to the customer (or its customers) concerning performance or non-performance in any manner related to this agreement, for any and all claims will not, in the aggregate, exceed the total fees paid by the customer to Data and Wireless Inc under this agreement in the immediately preceding 3 months from the date the claim arose. In no event will Data and Wireless Inc be liable for any lost profits, special, indirect, consequential, incidental or punitive damages.
Data and Wireless Inc Inc. can, upon request and as a service upgrade involving monthly fees, provide backup service for colocation and dedicated server customers. The customers interested in such services must order it using the appropriate online form. However, the customer must keep a personal backup copy of its software, sites, databases and all hosted content. Data and Wireless Inc should not be held responsible of any loss of data or data corruption.
The Customer in the normal course of its business may resell to its customers use (subject to all the terms of this Agreement) of the Customer Space, Resources and Bandwidth Services provided by Data and Wireless Inc to the Customer pursuant to this Agreement, except that the Customer will not allow such customers to interconnect with other users in the Premises Any act or omission of any such customer that would be a breach of this Agreement if committed by the Customer will be deemed a breach of this Agreement by the Customer. The Customer agrees to defend, indemnify and hold harmless Data and Wireless Inc Inc, and its officers, directors and employees, from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such the customer that would be a breach of this Agreement if committed by the Customer, and (ii) any claim by any such customer arising from use of the Premises, services provided by Data and Wireless Inc Inc. under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.
Responsibility for Content
The customer is solely responsible for the content stored on and served by his servers.
Entire agreement. This Agreement including the attachments hereto and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. Except as specifically provided in this agreement, Data and Wireless Inc Inc. Makes no representation, warranty or condition, express or implied, and expressly excludes all implied or statutory warranties or conditions of merchantability, merchantable quality, durability or fitness for a particular purpose or title or non-infringement and those arising by statute or otherwise in law or from a course of dealing or usage of trade. In case of any dispute or inconsistency this main agreement,any attachments, and/or any Service Order, the Service Order will take first priority, this main agreement will take second priority and the attachment will take third priority in interpreting the parties' rights and obligations.
Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.
Severability and Reformation.
If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
Governing Law and Jurisdiction
This Agreement is governed by the laws of the United States and the laws of Dade County applicable therein. The Parties irrevocably submit all disputes arising out of this Agreement to Dade County courts. Complaints or TOS & AUP violations must be reported to firstname.lastname@example.org, by fax ( ) or by mail at : Data and Wireless inc.
Changes and rights
Data and Wireless Inc may vary these rules and regulations from time to time in its sole discretion, and the Customer will comply with all other reasonable security requirements that Data and Wireless Inc Inc. may impose from time to time, provided that the Customer has been given 30 days notice.