Terms of Service (TOS)

 

Use of Innovative Global Vision’s Service constitutes acceptance and agreement to Innovative Global Vision’s AUP (Acceptable Use Policy) as well as Innovative Global Vision’s TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to Innovative Global Vision, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of Innovative Global Vision.

Acceptance of Contractual Agreement

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 Innovative Global Vision, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by the customer is allowed.
2. Innovative Global Vision 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. The 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 the allotted amount, specified in Customer’s contract, Customer will pay Innovative Global Vision 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.
4. We reserve the right to discontinue and/or refuse to provide service to any client or party at our sole discretion.
5. All stated terms contained within this contractual agreement are subject to change without prior written notice as any updates may openly be viewed at our site, https://www.igvinc.com In addition, we reserve the right to make modifications to such terms contained herein at our sole discretion as deemed necessary by management.

What may not be hosted on our network:

Illegally posted materials will not be tolerated on our network. These include:

• Copyrighted Software
• Child pornography
• Credit Card Fraud Information
• Copyrighted media, includes but not limited to Video, Music, TV, Radio

If you find any of the above materials hosted on one of our web servers, please report to abuse@igvinc.com.

Additionally, we reserve the right to ban the use of applications which allow the proliferation of unsolicited email from our network, or which decrease the performance of our servers thus bearing on the quality of service we may provide to other customers.

Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM)Use of the Innovative Global Vision service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Innovative Global Vision account.

E-mail/News Bombing Malicious intent to impede another person’s use of electronic mail
services or news will result in the immediate termination of the offending Innovative Global Vision account.
E-mail/Message ForgingForging any message header, in part or whole, of any electronic transmission, originating or passing through the Innovative Global Vision service is in violation of this AUP.

Usenet SPAMingInnovative Global Vision has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Unauthorized access Use of the Innovative Global Vision service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Innovative Global Vision’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Innovative Global Vision account is subject to immediate termination.

Network Uptime is the total time in a calendar month that Innovative Global Vision network is available through the Internet, provided that Client has established connectivity. Innovative Global Vision takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages that render 100% packet loss, 99% of each calendar month

Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in Innovative Global Vision’s Network as confirmed by Innovative Global Vision. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any Innovative Global Vision scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 12- 24 hours notice.

SLA Network Violation Credit

Service Level Agreement

Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: · Scheduled downtime · Problems outside of Innovative Global Vision’s network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network · Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, server hardware failures or other users on a server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately

Payment: Establishment of this service is contingent upon receipt of payment from Customer to Innovative Global Vision. Subsequent payments are due on the anniversary date of the month for that month’s service unless the customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account will be prorated to the primary hosting account’s monthly recurring billing date, along with the following guidelines of prorating methodology: (total monthly fees/ the number of days in the purchase month) * the number of days left in the purchase month. Any setup fees will be charged full setup fee pricing, and are applied at the time of initial request of such services.

Payments and Fees: Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $20.00 declination fee. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment is subject to a $25.00 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Innovative Global Vision will be turned over to an outside agency
for collection.

Delinquent Accounts: Innovative Global Vision 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 cancelling any service/services must be made in writing with at least 15 days notice but not more than 30 days prior to renewal.  Cancellation request can be submitted via email to billing@igvinc.com and must include your domain name, last name on credit card.

Refunds and Disputes: All payments to Innovative Global Vision 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 Innovative Global Vision’s discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.

Returned Checks (NSF): If your check is returned for non-sufficient funds (NSF), your account will be debited electronically for both the face amount & a return check fee of $30 or 10% (the greater of the two).

30 Day money back Guarantee: All shared hosting comes with a 30-day money back promise. If for whatever reason we fail to satisfy your needs and are within 30 days we will fully refund your money all we ask is you give us a reason so this will help us improve as a company.

Hardware replacement will occur within 1 – 8 hours of the reported problem, Innovative Global Vision will refund 5% of the monthly fee per additional 8 hours of downtime (up to 100% of customer’s monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an SLA hardware violation credit, you must email sales, within 10 days of reported violation, at sales@igvinc.com. SLA violations will be reviewed by our personnel Monday – Friday 10 AM to 5 PM EST. *Hardware SLA violations do not cover network violation*