Term of Services

NixTree Solutions has a responsibility to protect each and every client, and to provide the best possible services available. The following guidelines were designed to ensure these obligations are met. Please read through this page and make sure that you understand, and agree with, all points listed. Also, if you are a current client of NixTree Solutions (by continuing to pay your monthly fee) it is your responsibility to check back to this page every 45 days and check for any important or relevant updates.

Policy Agreement

When a client signs up for our services, or continues to pay your automated monthly renewal fees, you agree to be bound by, and to comply with this agreement. Paying your monthly fees, or completing the sign up process for a new account constitutes an agreement, just as if you had signed it and is the legal equivalent of your signature on a written contract.

Refusal of Service

NixTree Solutions reserves the right at its sole discretion to refuse or cancel service. Violation of any of NixTree Solutions' Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts may be terminated for any or no reason at all without any prior notice to the customer. Accounts terminated due to policy violations will not be refunded.

Zero Tolerance

NixTree Solutions will provide no service of any type for customers which host, promote or are in any way purposefully engaged in child pornography (includes both hardcore and softcore pornography), gambling, warez, get-rich-quick, malicious software, hacking, spamming

Customer Abuse

We have no tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. Threats to sue, slander, libel, etc., are all considered forms of abuse and will result in immediate irrevocable account termination without any refund.

Refund Policy

If any ticket exceeds our SLA, a prorated refund upon request will be given and determined based on the amount of tickets you submitted within the last 30 days. Requests for a SLA refund must be reported within 30 days of the date that the SLA was exceeded by opening a Feedback ticket. Under no circumstances can the refund exceed the amount you paid for the service. Refunds of any kind for any reason may take up to 10 days from the time the refund is requested or offered for processing.

Disclaimer

NixTree Solutions will not be responsible for any damages your business may suffer. NixTree Solutions makes no warranties of any kind, expressed or implied for services we provide. NixTree Solutions disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by NixTree Solutions and its representatives, contractors or employees. NixTree Solutions reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation. NixTree Solutions furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, NixTree Solutions wishes to emphasize that in accepting services, customers indemnify NixTree Solutions for the violation of any law or NixTree Solutions policy that results in loss to NixTree Solutions or the bringing of any claim against NixTree Solutions. This means that if NixTree Solutions is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against NixTree Solutions, plus costs and reasonable attorneys' fees.

Age Limitations

All clients must be Minimum of 18 years of age to obtain any level of service from NixTree Solutions.

Payment Terms

Per Server Management plan and other Webhosting Support services require one month pre-payment in full. This includes setup fees, hourly fees, one-time fees, and all monthly fees. Clients are expected to remit payment prior to their monthly billing cycle renewal date. We will invoice all clients 7 days in advance and subsequent reminders to allow ample time to make payment. If payment is not made within the 7 days provided, and the billing date has arrived, then their account will be immediately suspended and all services stopped. The client then has 48 hours to pay their account in full before the account is deleted from our monitoring system, our Billing system, our Help desk, and all other services supplied by NixTree Solutions

Cancellation policy

You may cancel your NixTree Solutions service only by submitting a cancellation request via a Sales ticket. Charges for canceling services are not prorated at all if your service is renewed on a monthly basis. All cancellation requests should be received at least 30 days prior to the last date you plan to avail NixTree Solution's services. All NixTree Solution's accounts must be paid in full before the cancellation will be considered complete. You agree to the auto-renewal of your account as long as you have not filled in the form listed above. This means that your account will continue to be paid for on a monthly basis until you have received a confirmation of service termination from Nixtree.com website.

Service Interruptions

Customer understands and agrees that occasional temporary interruptions of Internet Services may occur and agrees that under no circumstances will NixTree Solutions be held liable for any financial or other damages due to such interruptions. In no event shall NixTree Solutions be liable to the customer, or any other person, for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. NixTree Solutions shall not be held responsible for any claimed damages, including incidental, and consequential damages, which may arise from NixTree Solutions' servers going off-line or being unavailable for any reason whatsoever. Furthermore, NixTree Solutions is not responsible for any claimed damages, of any sort, including incidental or consequential damages, resulting from the deletion or corruption of any necessary system files.

Data Backup

The customer explicitly agrees to make daily or weekly backups of all sensitive and important data. This data includes, but is not limited to: any and all client data, any and all hosting account data, any and all server configuration data, and any other data that the customer deems important to daily operations of their company and or servers. These backups are meant to provide a solid restore point in the event of an emergency or mistake. If a mistake or emergency did occur, then the customer would have a recent backup of all missing, corrupted, or modified files necessary to correct the emergency situation at hand. NixTree Solutions would then have everything necessary to correct the matter without serious data, financial, or uptime loss. The backups are to be used as a tool to minimize and safeguard against any serious loss for the customer, thereby helping both NixTree Solutions and the customer listed in this document with fulfilling their contractual obligations. Full backups of all systems must be in place prior to the Sysadmin starting and are the sole responsibility of the customer to maintain.

Engineer Non-Solicitation

The client agrees never to contact any of NixTree Solutions 's managers, administrators, developers, or contractors for any position outside of their current employment with NixTree Solutions. If a client breaks this term, either before, during, or after their contract with NixTree Solutions, the client explicitly agrees to allow NixTree Solutions to charge the client's credit card in the amount of $6000. This term is nonnegotiable and is grounds for immediate termination of the service contract between the client and NixTree Solutions.

Disputes

All payments after the first 30 days of service to NixTree Solutions are nonrefundable, regardless of usage or reason. Any incorrect, overcharges or billing disputes must be reported within 30 days of the time the charge occurred. If you dispute a charge to your credit card issuer that, at NixTree Solutions' sole discretion is a valid charge under the provisions of our TOS, you agree to pay NixTree Solutions an "Administrative Fee" of $100 per dispute.

Confidentiality Statement

We at NixTree Solutions ensure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by NixTree Solutions, its representatives, contractors, and employees, for the purposes for which it was intended, for the benefit of the subscriber. We agree not to share or release such information for advertising or marketing purposes to any unaffiliated third party, without the consent of the subscriber, except as required by law, regulation or governmental authority. All information provided to us by the subscriber is properly stored and handled at all times by authorized NixTree Solutions staff members, representatives, contractors and employees only.