Terms Of Service [04/jan/2023]
1. Services
Subject to the terms of this Agreement, and contingent on Customer's satisfaction of SteadyTurtle's credit approval requirements, SteadyTurtle agrees to provide the web hosting services described in the Order for the fees stated in the Order.
2. Term
The initial service term of the Agreement shall begin on the date that SteadyTurtle generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for the same length as the Initial Term (each a "Renewal Term") unless SteadyTurtle or Customer provides the other with termination notice within 7 days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."
3. Payments
(a) Recurring Fees
Renewal notices are emailed six days before the actual renew date in your account. If you have a credit card on file your card will automatically be charged two days before your renewal notice is due. If your billing method is Paypal and you have made an active subscription then your payment will be made on due date and you don't need to pay the invoice manually. if you don't have active paypal subscription you will need to manually pay your invoice every month. All payments submitted for services are non-refundable outside of our 30 day refund policy. Service will be made inactive/suspended on accounts that are not paid by the 5th day past due. The term "Account" describes all services provided to a customer as defined by the primary ownership email and physical address. SteadyTurtle reserves the right to revoke this grace period any time. All orders made with a credit card are expected to work on the monthly renewal date each month.
(b) Payment Terms
For your convenience SteadyTurtle offers multiple payment terms with increasing discounts for it's product lines. All payments to SteadyTurtle, are non refundable after the first 30 days of service. Within the first 30 days of a Quarterly, Semi-Annual or Yearly paid service you may request that it be converted to a Monthly subscription and the remaining balance will be refunded to your original payment method. If after the first 30 days of service you request the package to be converted to a different billing cycle any additional monies will be applied to your account in the form of credits and will not be refunded. Prior to paying a renewal invoice and before your renewal date you may have your payment terms changed at no additional charge. If you wish to cancel a Quarterly, Semi-Annual or Yearly package prior to its renewal date it will not qualify for remaining days refund. Any cancellation as the result of a violation of our TOS or AUP will be non refundable.
(e) Fees and Penalties for Electronic Check (eCheck or ACH)
The customer (you) acknowledges that it is your responsibility to ensure that adequate funds are in your account to cover any and all invoices submitted against it. SteadyTurtle,is not liable nor responsible for any fees, overdraft charges or any other penalties that may result in a lack of funds when invoices are processed. SteadyTurtle will attempt to process an automatic debit against your ACH account no more than two (2) times in a calendar month before disabling the auto-debit feature of your account. Customer acknowledges SteadyTurtle will charge $5 for each failed attempt to process a payment and $35 for any chargeback associated with an ACH payment. SteadyTurtle, is not liable nor responsible for any fees, overdraft charges or any other penalties that may result in a lack of funds when invoices are processed.
(f) Taxes
At SteadyTurtle's request Customer shall remit to SteadyTurtle all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on SteadyTurtle, regardless of whether SteadyTurtle fails to collect the tax at the time the related services are provided.
(g) 30 Day Money Back Guarantee
All new SteadyTurtle Customers are eligible for a 30 day money back guarantee on all hosting packages upon written request, excluding Dedicated Servers, Domain Name Registrations and VPS. The definition of a new customer is one who has never purchased services from SteadyTurtle in the past. Also if a customer purchases a 2nd, 3rd, etc. hosting package and wishes to cancel this particular package they are not eligible for a refund. If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30 day money back guarantee. If the TOS/AUP agreed upon when ordering is violated this voids your eligibility for the 30 day money back guarantee. SteadyTurtle, reserves the right to deny the refund if we feel abuse of services has occurred.
[4] Suspension/Termination
(a) Suspension of Service.
Customer agrees that SteadyTurtle may suspend services to Customer with or without notice and without liability.
(b) Termination.
SteadyTurtle reserves the right to terminate the Agreement or deny services at any time with or without notice and without liability. The Agreement may be terminated by the Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if SteadyTurtle fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. Termination in this manner does not absolve the customer of any required payments remaining on their initial or renewal term. The Customer may also terminate this agreement as per Section 4 and Section 6 respectively.
Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
Any terminated service can not be recovered
5. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month. If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30 day money back guarantee and you are responsible to pay for any overage.
6. Domains
SteadyTurtle is not a domain registrar. We are a reseller for multiple domain registrars so all SteadyTurtle customers who purchase a domain or transfer a domain to us are bound by the terms and conditions set forth by these registrars. You will receive notice from SteadyTurtle once your domain is up for renewal. If you do not renew your domain by the expiration date you run the risk of loosing your domain. Domain names are billed as separate services and must be kept current to ensure they do not expire. If your domain name has expired, you may renew it at the regular price no more than 25 days after the expiration date. If the domain has been expired for 31 days or more it may have been auctioned off, if so your domain is gone. If your domain was not auctioned you may redeem the domain for a $125 fee no later than 60 days past the expiration date. Domains are not guaranteed to be renewable past 25 days of their expiration. All domains will cease to function past their expiration date until renewed. There is no grace period on domain name registrations. Should any payment dispute or chargeback arise regarding your domain name services, access and rights to your domain name will be immediately forfeited. To recover your domain name from forfeiture a reinstatement fee of $85 plus your remaining balance will be required if processed within the original expiration time.
7. Back Up Copy
SteadyTurtle highly recommends that all customers retain up to date backup copies of their data off site for disaster recovery purposes.
[8] Affiliate Status
SteadyTurtle reserves the rights to deny any affiliate or suspend/terminate an affiliate and remove any unpaid earnings without any notice or reason provided if we detect any fraudulent or spammy activity.
