Terms and Service

Terms and Service

Terms and Service

Technology Advanced Services Inc. (“T4AS”) agrees to furnish services to the Subscriber, subject to the following Terms of Service (TOS). Use of T4AS  services and resources constitutes acceptance and agreement to T4AS ‘s Terms Of Service & Acceptable Use Policy. All provisions of contracts with T4AS  are subject to the Terms Of Service (TOS) and Acceptable Use Policy (AUP). The Acceptable Use Policy (AUP) may be changed from time to time at the sole discretion of Advanced Services . Members understand that changes in the Acceptable Use Policy (AUP) are not grounds for non-payment or early contract termination.

Disclosure The subscriber gives T4AS  consent to disclose any and all information relating to the subscriber to any law enforcement agent who makes a written request without further consent, or notification to the subscriber. In this event, T4AS  reserves the right to terminate all services to this account without refund.

Service Rates The subscriber acknowledges that the nature of services, and initial rates and charges have been communicated, or made available to the subscriber. The subscriber is aware that T4AS  may from time to time change the specified rates and charges. All offers are contingent on T4AS meeting its cost of service goals, which may include, but is not limited to rates charged to the company by the suppliers it uses.

Payment Establishment of services is dependent upon receipt by T4AS  of stated charges. Subsequent payments are due on the anniversary date of the month, for the term of service, whether monthly, quarterly, semi-annually, or yearly. Prices established in this agreement are exclusive of taxes and other fees which may be imposed on T4AS  or the Subscriber for the provision or use of the Services. The Subscriber will pay such taxes and other fees, except for T4AS’s income taxes. Tax exempt status will be granted to The Subscriber upon presentation of satisfactory certificate of exemption.

Payments and Fees Credit cards which are declined may be subject to a $5.00 declination fee. Payments on credit cards which are reversed for any reason will be subjected to a $100.00 reversal fee. Services may be interrupted on any accounts which reach 14 days past due. Accounts interrupted as a result of non-payment will be subjected to a $100.00 reconnection fee. Accounts which are not paid by their due date are subject to a $15.00 late fee. Any additional service fees, including technical support, bandwidth overage charges, and other additional fines, or fees will be charged at the end of the month, or at T4AS’s discretion. Accounts which can not be collected by T4AS  may be turned over to an outside collection agency, and the subscriber agrees to pay a $100.00 Collection Fee.

Refunds and Disputes All payments to T4AS are non-refundable unless stated otherwise by T4AS  at the time of the dispute. All disputes of charges must be reported within 45 days of the time the dispute occurred. If the subscriber disputes a charge to their credit card which is at T4AS’s sole discretion a valid charge under the provisions of the Acceptable Use Policy (AUP) and/or Terms Of Service (TOS), the subscriber agrees to pay Advanced Services  a $100.00 reversal fee.

Failure to Pay T4AS reserves the right to deny service, or terminate accounts upon the failure of the subscriber to pay charges when due. Termination or denial as a result of failure to pay will not relieve the subscriber from the payment of all accrued charges for services provided, plus reasonable interest and all collection fees. Should the subscriber fail to make satisfactory arrangements for payment with T4AS  or its authorized agents within 60 days of default, the satisfaction of such arrangements to be determined at T4AS’s sole and absolute discretion, T4AS  will terminate all services to the subscribed and eliminate all power sources to the subscribers equipment on the 61st day of default, and in so doing, the subscriber’s equipment will effectively become “stored” upon T4AS’s premises as of that date, and the subscriber will be charged and agrees to pay a daily fee of $30.00 in lawful Canadian dollars for the storage of such equipment, in addition to any amount outstanding for service fees or charges in arrears. T4AS  will have no obligation whatsoever to the subscriber for any loss which occurs with respect to the subscriber’s equipment while stored upon T4AS’s premises. T4AS  reserves the right at any time after the initial 60 day default period, and in accordance with the provisions of the Repair and Storage Liens Act. R.S.O. 1990, to liquidate customer equipment, in whole or in part, in order to recover all outstanding accrued charges for storage, plus reasonable interest and all collection fees. Notwithstanding any amount recovered by T4AS  for storage fees obtained through the liquidation of the subscriber’s equipment, the subscriber will continue to be responsible for any outstanding amount owed for services provided by T4AS  to the subscriber.

Account Cancellation All requests concerning account cancellations must be sent to T4AS  with at least 15 days notice, but not more then 45 days notice. All account cancellations must be confirmed with T4AS. When requesting an account cancellation, the subscriber must have all information relating to their account on hand for verification.

Availability of Services The subscriber acknowledges that the service provided is of a nature that services may be interrupted for reasons other than negligence of T4AS. Any damages resulting from any interruption or degradation of services are difficult to ascertain. Therefore, the subscriber agrees that T4AS  shall not be liable for damages arising from causes beyond the direct and exclusive control of T4AS. The subscriber also acknowledges that T4AS’s liability for its own negligence may not in any event exceed the amount in equivalent charges payable by the subscriber for services during the period which damages occurred. In no event whatsoever shall T4AS  be responsible or liable for any special or consequential damages, loss, or injury.

Domain Related All accounts involving the registration, or transfer of an existing domain name will be set up and entered into T4AS’s DNS servers with 7 business days. Due to complications in domain transfer, some accounts involving the transfer of domains may take up to 60 days to process. If as a result of complications transfer of domain should take more then 7 days, and the subscriber cancels service before 60 days have incurred all charges will be considered valid and earned.

Support Boundaries T4AS reserves the right to limit its technical support to its area of expertise. T4AS  provides support for issues which directly relate to servers, or virtual accounts functioning. Support issues relating to programming, development, or software related problems will be billed to the subscriber at an additional rate in 30 minute minimum intervals.

SPAM The subscriber acknowledges that T4AS  defines “SPAM” e-mail as any and all bulk e-mail and Unsolicited Commercial E-mail, messages, or postings, etc. The subscriber understands that they may not transmit, assist in the transmission, encourage third parties to transmit, or permit hosting of sites or any information which is advertised by SPAM from other networks or services. The subscriber acknowledges that they are responsible for any and all SPAM related actions which come from their account.

Internet Protocol (IP) Address Ownership All Internet Protocol (IP) addresses which are assigned to subscribers belong only to T4AS. Subscribers shall have no right to use Internet Protocol (IP) addresses except as permitted and assigned by T4AS in its sole discretion. T4AS shall maintain control and ownership of all Internet Protocol (IP) addresses which it assigns, and reserves the right to modify, or remove any and all Internet Protocol (IP) addresses it assigns.

Bandwidth/Disk The subscriber agrees that should they exceed allocated disk space or bandwidth, they shall pay T4AS  the respective “overage” charges which have been communicated, and/or made available to the subscriber. T4AS  reserves the right to deny additional disk space, or bandwidth usage which it deems to be unreasonable and the subscriber is aware that corrective action may be taken as a result, which may include discontinuance of any/all services, or termination of any/all services. The subscriber is aware that any corrective action taken as a result of the subscriber exceeding their allocated resources shall not entitle the subscriber to a refund of any fees paid in advance prior to such corrective action.

Offensive Materials T4AS  reserves the right to remove any and all materials which are deemed to be offensive by T4AS. The subscriber is aware that T4AS  may delete, disconnect, or terminate any services, resources, or accounts on which the offensive materials are located, or connected to. The subscriber is aware that should T4AS  choose to take any action relating to materials or content which T4AS deems as offensive shall not entitle the subscriber to a refund of any form.

Violation of Terms Of Service/Acceptable Use Policy T4AS  is under no obligation to monitor its subscribers activities to determine whether violations of their Acceptable Use Policy (AUP) have occurred. T4AS  assumes no responsibility though its Acceptable Use Policy (AUP) to monitor or ‘police’ Internet-related activities. The subscriber is aware that T4AS shall deal with each violation of the Acceptable Use Policy (AUP) and/or all other issues on a case-by-case basis, and is aware that T4AS  is under no obligation to provide “warnings” under any circumstances. T4AS  may choose to “warn” subscribers T4AS  feels that the subscriber may be breaking the Acceptable Use Policy (AUP).

Appearance and Network Protection T4AS  reserves the right to protect its network, resources, and services from influences which threaten to disrupt, or degrade T4AS’s network, resources, or services. The subscriber is aware that T4AS  may firewall, drop, or disable Internet Protocol (IP) addresses which may cause harm to T4AS’s resources, services, or appearance. This may include, but is not limited to: subscribers who project a negative appearance of themselves or of T4AS, subscribers who attract, have attracted, or may attract Denial of Service (DoS) attacks, subscribers who are suspected of using T4AS’s services to SPAM, or Subscribers who are running insecure, or inappropriate services such as open proxies/relays.

Service Cancellation/Suspension T4AS  reserves the right to cancel or suspend any subscribers service which T4AS  feels may be the target, or source of any violations of the Acceptable Use Policy (AUP), or for any other reasons T4AS  chooses. If inappropriate activity is suspected, all accounts relating to the subscriber in question may be disabled for the duration of T4AS’s investigation. T4AS  will is under no obligation to refund, or credit the subscribers account(s) for such service interruptions.

Indemnification The subscriber indemnifies T4AS  for any violation of the Acceptable Use Policy (AUP) and Terms Of Service (TOS) that results in loss to T4AS, or the bringing of any claim against T4AS  by any third-party. If any damages are awarded against T4AS  as a result of the subscribers negligence, or a user on their systems, the subscriber agrees to pay any and all damages awarded against T4AS , and all attorneys fees.

Waiver The subscriber understands that should T4AS  choose to give the subscriber a waiver for any breach of the Acceptable Use Policy (AUP), it shall not be used, or be constructed to be a waiver for continuing or subsequent breaches of the Acceptable Use Policy (AUP), or as a waiver for any other breaches of the Acceptable Use Policy (AUP).

Transfer of Ownership The subscriber shall not transfer, or assign this agreement without the prior written consent of  T4AS. T4AS  reserves the right to cancel Subscribers rights under this contract at anytime without further obligation.

Damages T4AS  is not responsible for any damages which may damage the subscribers business. T4AS does not make any written or implied warranties for any services it may offer. T4AS  denies any warranty or merchantability for any specific purpose. This may include, but is not limited to loss of data resulting in delays, incorrect deliveries, non-deliveries, any and all service interruptions caused by T4AS.

Content The subscriber acknowledges that they are solely responsible for the content stored on, or transferred through T4AS’s services and/or resources.

Personal Information The subscriber grants T4AS  consent to collect, and/or store personal information relating to the subscriber. This may include, but is not limited to credit history, credit card information, and information relating to the subscribers online activities. The subscriber is aware that T4AS  may choose to store specific billing information relating to the subscriber such as, but not limited to credit card numbers, and additional information for the convenience of automatic billing. The subscriber consents T4AS  to automatically bill the subscriber for all recurring services, and/or additional charges, expenses, or penalties.