The following Terms of Service Agreement (hereinafter referred to as "Agreement") is between QuickPacket, LLC, a North Carolina Limited Liability Company (hereinafter referred to as "QuickPacket"), and "Customer".
In consideration of the mutual promises contained herein, the parties agree as follows.
1. This Agreement supersedes any other written or oral agreement reached between QuickPacket and the Customer.
2. QuickPacket will provide Products and Services in exchange for payment of fees and compliance with the terms and conditions of this Agreement.
3. QuickPacket Services are defined as the use by the Customer of computing, telecommunications, software, and information services on the network connection to the Global Internet provided by QuickPacket. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet.
4. QUICKPACKET DISCLAIMS ALL IMPLIED WARRANTIES AND SIMILAR OBLIGATIONS INCLUDING BUT NOT LIMITED TO THOSE OF FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY, WHETHER OTHERWISE ARISING BY LAW, CUSTOM, USAGE, TRADE PRACTICE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. There are no warranties which extend beyond those express warranties contained in the Service Level Agreement (SLA). Customer affirms that it has not relied upon QuickPacket's skill nor judgement to select or furnish the services for any particular purpose beyond the specific express warranties in the SLA.
5. QuickPacket shall not be liable to Customer or any other person or entity for any indirect, punitive, consequential, special, or incidental losses or damages that arise out of or relate to this Agreement or the services or licenses provided hereunder, for any reason whatsoever, regardless of the claim or cause of action, including, without limitation, breach of contract, breach of warranty, negligence, strict liability or otherwise. The remedies set forth in the Service Level Agreement shall be Customer's sole and exclusive remedies for any claims relating to the services.
The SLA may be modified by QuickPacket with thirty (30) days notice on QuickPacket’s web site. A copy of the SLA can be obtained from QuickPacket’s web site.
6. The Customer agrees that it shall defend, indemnify, save and hold QuickPacket harmless from any and all claims, demands, liabilities, losses, costs, including attorney’s fees, asserted against QuickPacket, its agents, its customers, servants, officers, and employees, that may arise or result from any product or service provided or performed or agreed to be performed by QuickPacket, which cause direct or indirect damage to another party or to the Customer.
7. This agreement is not assignable by Customer, in whole or in part, voluntarily or involuntarily, including by operation of law or by merger in which Customer does not survive, without the prior written consent of QuickPacket. Any attempted assignment without the written consent of QuickPacket will not be valid.
8. This agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, Iredell County, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
9. QuickPacket reserves the right to terminate service for any reason with twenty-four hours notice. QuickPacket does not forfeit any rights under this agreement by terminating service. QuickPacket reserves the right to refuse service to anyone at any time for any reason.
10. This agreement will begin on the date the services are installed and made available to the Customer and will be valid until the end of the calendar month. The agreement will automatically renew for successive one calendar month periods until terminated by either party.
11. Customer acknowledges that it may have access to certain confidential information of the other party concerning QuickPacket’s business, plans, customers, technology, products, and services ("Confidential Information"). Confidential Information shall include, but not be limited to, QuickPacket’s proprietary software, technology and trade secrets and customer information, to the extent identified as confidential or proprietary, and the terms and conditions of this Agreement. Communications between QuickPacket and Customer are confidential and shall not be disclosed to any third party for any reason (except those required by law). Customer agrees that it shall not use in any way, for its own account or the account of any third party, nor disclose to any third party (except as required by law), any of QuickPacket’s Confidential Information and shall take reasonable precautions to protect the confidentiality of Confidential Information. Information shall not be deemed Confidential Information hereunder if such information:
a. is rightfully known to the Customer prior to receipt from QuickPacket directly or indirectly from a source other than one having an obligation of confidentiality to the QuickPacket;
b. becomes known (independently of disclosure by the QuickPacket) to the Customer directly or indirectly form a source other than one having an obligation of confidentiality to the QuickPacket;
c. becomes publicly known or otherwise ceases to be secret or confidential, or is independently developed by the Customer.
12. Either party shall excused from any delay or failure in performance hereunder, other than the payment of money, caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, hurricane, acts of terrorism, labor disputes and strikes, riots, war, and governmental requirements.
13. The Customer and all of Customer’s end users shall use Services in accordance with QuickPacket’s Acceptable Use Policy (AUP). The AUP may be modified by QuickPacket with thirty (30) days notice on QuickPacket’s web site. A copy of the AUP can be obtained from QuickPacket’s web site.
14. Upon thirty (30) days notice, published on QuickPacket’s web site, QuickPacket may modify or amplify these terms and conditions as well as discontinue or change the services offered.
15. The Customer has authority to enter into this agreement on behalf of the Company, if applicable.
16. Upon signup and submission of the first payment, the Customer certifies that it has read and agrees to be bound by the Agreement. Payment for and utilization of QuickPacket products and services signifies that Customer has read and agree to be bound by the current version of the Agreement. The current version of the Agreement may be obtained from QuickPacket's web page at www.quickpacket.com. Customer acknowledges that it is their responsibility to check for updates to the Agreement on QuickPacket's web page. These terms were last modified on February 17, 2017.
17. The customer must submit payment by credit card, PayPal, BitPay or other acceptable payment method as determined by QuickPacket by 5:00 PM local time (US Eastern Time) on the due date of the invoice. Failure to make payment on time may result in the interruption of all services on the Customer's account. If the Customer's service is interrupted, a $35 reactivation fee per service may be imposed at the discretion of QuickPacket. Service interruption does not cancel the Customer's service. QuickPacket may terminate the services for non-payment after seven (7) days.
18. All services are billed in full increments of the billing term (with the exception of the first month for certain plans).
19. If the Customer's account becomes past due, interest will accrue on the current account balance at the rate of one and one half percent (1.5%) per month or at the maximum interest rate allowed by law until all account balances are paid. The customer agrees to pay all collection costs, including attorneys' fees, if applicable.
20. All payments are non-refundable. The Customer is responsible for cancelling any recurring payments setup through third-party payment systems (such as PayPal subscription payments). Any excess funds sent to QuickPacket will be stored as an account credit to be applied toward future invoices.
21. QuickPacket requires written notice of cancellation on all products and services. DDoS protection/filtering and co-location services require 30-days notice of cancellation and all other services require 5-days notice of cancellation. Notification of cancellation must be submitted to the QuickPacket billing system. Service will not be cancelled until the Customer receives written confirmation from QuickPacket. Until QuickPacket acknowledges the Customer's service cancellation request, the Customer will continue to be billed all applicable fees and interest. Upon submission of the cancellation notice and acceptance by QuickPacket, the cancellation will have immediate effect unless prior arrangements are made in writing by support ticket.
22. If any payments are returned as a result of a dispute, insufficient funds or otherwise charged back ("returned payment"), QuickPacket may impose a $35 returned payment fee. Service may be interrupted or terminated as a result of a returned payment. If service is interrupted, service will not be restored until the returned payment is repaid in addition to the $35 returned payment fee. If service is terminated, the customer is not entitled to a refund and is prohibited from any further use of QuickPacket services until the $35 returned payment fee is paid.23. QuickPacket makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon QuickPacket technology, and makes no guarantee that any other entity or group of users will be included or excluded from QuickPacket's network. In addition, QuickPacket may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.
24. Customer grants QuickPacket a first priority blanket security interest in the equipment which the Customer has colocated with QuickPacket. In the event of non-payment by Customer, Customer agrees that QuickPacket may sell the Customer's equipment to satisfy the account balance owed to QuickPacket by the Customer. Any amounts collected from any sale of the Customer's equipment in excess of the balance owed will be returned to the customer within ten (10) business days.
25. In order to protect against fraudulent orders, QuickPacket requires the name submitted in new orders to match the name on the payment account. Additionally, QuickPacket may choose to not accept payments from unverified payment accounts. QuickPacket may request a government-issued photo identification (such as a passport) and/or a recent utility bill with the Customer's name and address listed as a form of order verification. The Customer agrees to provide this information, if requested.
26. QuickPacket utilizes FraudRecord and other fraud screening measures to screen new orders. In the event of a breach of the Agreement, you may be reported to FraudRecord and/or other fraud databases using non-identifiable anonymous information.
27. All Internet Protocol Addresses ("IP Addresses") assigned by QuickPacket to the customer for use with the products and services remain the property of QuickPacket. After the termination of services, the customer must immediately vacate and return all IP Addresses.
28. All requests for IP Addresses must be justified. QuickPacket will be the sole arbiter as to whether or not the justification provided by the Customer is adequate. QuickPacket may request additional information to comply with requests from the American Registry for Internet Numbers (ARIN). The customer agrees that any information provided may be shared with ARIN.
29. For customers ordering domain name registration services including but not limited to registering, renewing, or transferring a domain name:
a. The customer agrees to be bound by the legal agreements located on the following website: http://domains.quickpacket.com/servlet/ViewAgreementServlet
b. Domain names shall be renewed at the same price as new registrations. The current pricing for new registrations is displayed on our website. Domain renewal reminders will be sent in advance of expiration via email to the address stored in your client area. Should an expired domain enter the redemption period, the cost of restoring the domain shall be no more than $500.
30. Promotional pricing (including but not limited to advertised offers and coupon codes) is valid for new customers or for existing customers adding additional services. Customer agrees that if they order a new service under promotional pricing and cancel a previously ordered service, QuickPacket may remove all promotional pricing on the Customer's account.
31. For dedicated server customers, if the Customer's server uses more electricity than the average dedicated server of similar specification utilizes due to the Customer's use of the server (including, but not limited to activities such as cryptocoin mining), QuickPacket reserves the right to bill the customer for the increased electricty usage. QuickPacket also reserves the right to retroactively remove any promotional pricing as the result of abnormal electricity usage.
32. For dedicated server customers, the customer is not authorized or permitted to change any hardware settings (including, but not limited to BIOS, BMC/IPMI, or RAID) without the express written permission of QuickPacket. The customer is not permitted to disable QuickPacket's access to the system by disabling usernames or passwords (including, but not limited to administrator or root usernames and passwords in the BIOS or IPMI settings). The customer is not authorized to upgrade or downgrade the firmware for any hardware (including, but not limited to drives, BIOS, fan controller, BMC/IPMI, RAID). In the event the customer makes unauthorized changes, the customer agrees to pay any penalty levied by QuickPacket, equivalent to the retail cost of replacement hardware and up to an additional $250 fee to cover the work associated with restoring the equipment to the original condition. QuickPacket shall be the sole arbiter as to the penalty incurred.
33. If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
34. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
35. Customers purchasing DDoS protection/filtering for a single VPS or single dedicated server may only use the DDoS protection/filtering for their single VPS or single dedicated server on QuickPacket's network. The customer may not resell the DDoS protection/filtering (including, but not limited to tunneling traffic to another network to offer DDoS filtering/protection to another network) without express written permission from QuickPacket.
If you are unsure of whether any contemplated use or action is permitted, please contact QuickPacket by submitting a support ticket.
QuickPacket is committed to providing a high quality service to its customers. As a result of our commitment to high quality, QuickPacket is pleased to offer the following commitments to our customers:
1. Installation Guarantee
Upon the receipt of an order, payment in full by Customer, and the approval of the sales manager, QuickPacket will install the ordered product(s) or service(s) for the customer's use within fourteen (14) business days. QuickPacket may be out of stock from time to time on a particular product or service, in which case, QuickPacket may delay installation until the product or service becomes available. If the product(s) or service(s) are not delivered within fourteen days, the customer can apply for a pro-rated monthly fee based on the length of the delay. The customer is responsible for applying for this service credit and providing evidence to substantiate their claim by submitting a support ticket within twenty-one (21) days of the original order date.
2. Network Availability Guarantee
QuickPacket guarantees 100% uptime on its network. If the network is unavailable for more than 15 consecutive minutes, the customer can apply for a service credit based on a pro-rated monthly fee equal to the length of the outage. The customer is responsible for applying for this service credit and providing evidence to substantiate their claim by submitting a support ticket within five (5) days of the outage.
3. Hardware Replacement Guarantee
After technical support diagnoses the problem as a hardware failure on any dedicated server plan, QuickPacket will replace the faulty hardware component within four (4) hours with a equal or better component. If the component is not replaced within four hours, the customer can apply for a pro-rated monthly fee based on the length of the delay. The customer is responsible for applying for this service credit and providing evidence to substantiate their claim by submitting a support ticket within five (5) days of the issue.
Scheduled MaintenanceQuickPacket will notify the customer at least twenty-four (24) hours in advance of any regularly scheduled maintenance. QuickPacket will make a best effort to provide as much notice as possible for unscheduled or emergency maintenance. The customer must monitor the StatusPacket site for notifications of maintenance activity.
DiscretionService credits will be granted at the discretion of QuickPacket. Service credits will not be granted for issues out of the control of QuickPacket. The limit of QuickPacket's liability under the service level agreement is not more than one monthly fee during any six month period. Service credits may only be applied toward future invoices of the service that was impacted. Service credits are not available for any service that is past due at the time of the issue.
Please submit a support ticket with any additional questions or to apply for a credit under this agreement.