Terms&Conditions

Avedon Design & VIA Pro Servers, agrees to provide services to the Subscriber, subject to the following TOS (Terms of Service).

 

Use of Avedon Design & VIA Pro Servers constitutes acceptance and agreement of Avedon Design & VIA Pro Servers Acceptable Use Policy as well as Avedon Design & VIA Pro Servers TOS (Terms of Service).

 

All provisions of this contract are subject to the TOS (Terms of Service) of Avedon Design & VIA Pro Servers, and Acceptable Use Policy. The Acceptable Use Policy may be changed from time to time at the discretion of Avedon Design & VIA Pro Servers. Subscriber understands that change to the Acceptable Use Policy by Avedon Design & VIA Pro Servers shall not be grounds for early contract termination or non-payment.

 

This Agreement shall be construed in all respects in accordance with the laws of United States Of America.

 

  1. Disclosure: 

 

The Acceptable Use Policy specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Avedon Design & VIA Pro Servers may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber.

 

Avedon Design & VIA Pro Servers shall have the right to terminate all services set forth in this Agreement to any illegal activities.

 

  1. Account Setup 

 

Avedon Design & VIA Pro Servers will setup your Service on receipt of the first payment made. You must provide Avedon Design & VIA Pro Servers with an email address where all details of the Service paid for will be sent to you and so that you can be contact in case of an abuse issue.

 

It is your responsibility to ensure that your email address on file is current and up to date at all times. Providing false contact information of any kind may result in the termination of your Service. Certain orders will take two to three days to be sent to you.

 

  1. Payments and Fees: 

 

Establishment of this service is dependent upon receipt by the Company of payment of the stated charges. Subsequent payments are due on the anniversary date of the month for that month´s service. Avedon Design & VIA Pro Servers do not take any automatic charges on Subscriber’s cards. Avedon Design & VIA Pro Servers has no access to Credit, debit or prepaid cards used by its customers. Avedon Design & VIA Pro Servers only sends invoices and reminders to customers. All payments are process through a third party Card Processing company.

 

All services will be interrupted on accounts that remain unpaid 4 days past the due date, except Dedicated Server. The non-payment on Dedicated Server may result in immediate service interruption or termination. Service interrupted for non-payment is subject to a $50.00 USD reconnection charge.

 

If you wish to cancel your account, please follow the proper procedures as outlined in this TOS. Servers that are terminated for non-payment will be considered abandoned and forfeited.

 

  1. Failure to Pay: 

 

Avedon Design & VIA Pro Servers may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reconnection charge.

 

  1. Service Rates: 

 

Subscriber acknowledges that the nature of the service and the initial rates and charges have been communicated to Subscriber. The amount subscriber pays for hosting will never increase from the date of purchase. However, subscriber is aware that the Company may change the specified rates, plans and resources from time to time. Any promotional offer is contingent upon Avedon Design & VIA Pro Servers achieving and maintaining its cost of service goals including but not limited to rates charged to Avedon Design & VIA Pro Servers by its suppliers.

 

  1. Service Cancellation:

 

All requests for cancellation of Services must be made from (avedondesign.com) with at least 15 days notice before payment is due. You must include all service information to cancel and ensure you have no outstanding payment on these Services.

 

  1. Outstanding Service Balance:

 

All outstanding invoices must be paid before any cancellation request is processed.

 

  1. Refunds and Disputes:

 

All payments to Avedon Design & VIA Pro Servers are nonrefundable Unless one of the service is out of stock or proven faulty. It is the customer’s right to open a dispute but Avedon Design & VIA Pro Servers together will card processing company will investigate fully before any returns are made. All services all be paused once there is a dispute.

 

  1. Subscriber acknowledges:

 

The service provided is of such a nature that it can be interrupted for many reasons. Therefore, Subscriber agrees that the Avedon Design & VIA Pro Servers shall not be liable for any damages. In no event shall Avedon Design & VIA Pro Servers be liable for any special or consequential damages, loss or injury.

 

  1. Invoicing:

 

Avedon Design & VIA Pro Servers sends out invoices 5 days before the date on which payment becomes due. Invoices are sent to your email address.

 

  1. Support Boundaries:

 

Customers can send email or full out the contact form on the website at any time for support. Customers can call only between working hours 8am to 4pm Est time on business days. No weekend and holiday calls unless agreed by customer support.

 

Avedon Design & VIA Pro Servers job is only to provider service and make sure service is on, hardware is functioning, and bandwidth is good. all customers are required to manage services given to them. Avedon Design & VIA Pro Servers will charge any customer who needs additional help based on work that needs to be done.

 

  1. Suspension of Service or Cancellation:

 

Avedon Design & VIA Pro Servers reserves the right to suspend network access to any Subscriber if inappropriate activity is detected, all services of the Subscriber in question will be deactivated until an investigation is completed. Prior notification to Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. Subscriber will not be credited for the time the machines were suspended.

 

  1. Indemnification:

 

Avedon Design & VIA Pro Servers wishes to emphasize that in agreeing to the Avedon Design & VIA Pro Servers Acceptable Use Policy (Acceptable Use Policy) and Terms of Service (TOS), Subscriber indemnifies Avedon Design & VIA Pro Servers for any violation of the Acceptable Use Policy (Acceptable Use Policy) and Terms of Service (TOS) that results in loss to Avedon Design & VIA Pro Servers or the bringing of any claim against Avedon Design & VIA Pro Servers by any third party. This means that if Avedon Design & VIA Pro Servers is sued because of a Subscriber´s activity, the Subscriber will pay any damages awarded against Avedon Design & VIA Pro Servers, plus all costs and attorney´s fees.

 

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, Subscriber agrees that Avedon Design & VIA Pro Servers shall not be liable for any damages arising from such loss of service for any reason. In no event shall Avedon Design & VIA Pro Servers be liable for any special or consequential damages, loss or injury.

 

  1. Miscellaneous Provisions:

 

You must provide us with and keep current contact information. Name, E-Mail and telephone contacts are used in that order of preference.

 

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

 

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Avedon Design & VIA Pro Servers. Avedon Design & VIA Pro Servers may assign Agreement at any time without consent from or notice to Subscriber. Avedon Design & VIA Pro Servers reserves right to cancel customers rights under this contract at any time without further obligation.

 

Avedon Design & VIA Pro Servers takes no responsibility for any material input by others and not posted to the Avedon Design & VIA Pro Servers Network by Avedon Design & VIA Pro Servers. Avedon Design & VIA Pro Servers is not responsible for the content of any other websites linked to Avedon Design & VIA Pro Servers Network; links are provided as Internet navigation tools only. Avedon Design & VIA Pro Servers disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party´s violation of this policy.

 

Avedon Design & VIA Pro Servers is not responsible for any damages your business may suffer. Avedon Design & VIA Pro Servers does not make implied or written warranties for any of our services. Avedon Design & VIA Pro Servers denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, hardware failures, non-deliveries, wrong delivery, and any and all service interruptions caused by Avedon Design & VIA Pro Servers.

 

  1. Responsibility for Content:

 

You, as Avedon Design & VIA Pro Servers Subscriber, are solely responsible for the content stored on and served by your Avedon Design & VIA Pro Servers server.

 

Avedon Design & VIA Pro Servers reserves the right to refuse service.