Terms of Service
Innovative Global Vision – 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
- 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 customer is allowed. - 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. Customer
also understands that any promotional offers unless specified in contractual
terms will not be applicable to their individual service. - 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 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. - We reserve the right to discontinue and/or refuse to provide service to any client
or party at our sole discretion. - 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, http://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 Forging
Forging 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 SPAMing
Innovative 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
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 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 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 the following
guidelines of prorating methodology: (total monthly fees/ the amount of days
in the purchase month) * number of days left in the purchase month. Any setup
fees will be charged full setup fee pricing, and are applied at 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 canceling any service / services must be made in writing with
at least 15 days notice but not more than 30 days prior written via email to
billing@igvinc.com Include your domain name, last name
on credit card in your email.
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 charge backs, 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 come 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 down time (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 10AM
to 5PM EST. *Hardware SLA violations do not cover network violation*
