Terms of Service

FOLLOWING ARE TERMS OF SERVICE WHICH IS A BINDING CONTRACT WITH CLIENT:

1. Service Abuse
   a. No illegal use by Client of any kind is permitted on sites or servers including, but not limited to, unauthorized storage or distribution of copyrighted software, trademark infringement, warez sites, violations of any State or Federal laws, and selling or distributing contraband.
   b. No internet abuse by Client of any kind is allowed including, but not limited to, spamming, mass emailing programs, cross-posting unsolicited messages to online groups, posting obscene or inflammatory messages, threatening Internet users, mail bombing, and running packet sniffers or port scanners.
   
   
2. Service Abuse Violation
   a. Should a Service Abuse violation occur, and Client failed to cure such Service Abuse, in addition to all other legal and equitable remedies, DevPH may terminate the account without notice and without any refunds. Client shall be responsible for any and all damages caused to DevPH. DevPH may charge client an amount equal to the cost associated with repairing any damages done.
   
   
3. Data Loss and Backups
   a. Client is responsible and shall at all times maintain all its data on Clients own remote backup system separate from DevPH’s equipment or servers. Client acknowledges that access to the Internet may fail or be interrupted at any time; hardware is mechanical and prone to failure without warning. DevPH offers backup services and, if so subscribed, backups are performed on a best-effort basis, but in no event, with back up subscription or not, shall DevPH be responsible to Client for any lost files, data, damages or information.
   
   
4. Server Management
   a. Server management occurs as a queued task. DevPH is not responsible for any loss or in any manner should a server be hacked, exploited, cracked, or in any way damaged by client or a 3rd party. DevPH reserves the right in its sole discretion to decline management services for any reason whatsoever.
   
   
5. Technical Support
   a. If the client wishes to file a support ticket or to check on progress of an existing trouble ticket, please visit our official support page.
   b. DevPH’s technical support team is ready to assist 24 hours a day, 7 days a week, 365 days a year.
   
   
6. Payment Policy
   a. Certain services may require setup fees prior to activation, which client shall be made aware of by DevPH.
   b. Full payment is required before any DevPH hosting or other service is provided.
   c. DevPH accepts credit card payment (Visa, Master Card, Discover, or American Express), certified funds, wire transfers, or PayPal (www.paypal.com).
   d. Online credit card payments are authorized and assessed in real-time.
   e. Once an order is successfully submitted, the client is subject to DevPH’s refund policy.
   
   
7. Additional Features
   a. Additional features can be added at any time at the client’s request and will be activated upon payment.
   b. The cost for additional features is non-refundable regardless of whether the service was used. The 7-day cancellation period outlined in Section 12 applies to all Additional Features that may be active on any given account.
   
   
8. Renewal and Billing Schedule 
   
   DevPH’s Billing and Renewal Schedules is subject to the following terms and conditions:
   
   a. All payments must be timely; that is, they must be received by DevPH on their due date. DevPH will send to client’s billing contact by email an invoice a minimum of ten (10) days prior to the date (unless specifically agreed otherwise in writing). All payment must be made in U.S. Dollars.
   b. If payment is not received when due, Client shall be in default and DevPH, will send notice of late payment to Client with ten (10) days to cure. If the account default is not cured within ten (10) days, DevPH, at its sole discretion, may suspend or terminate services without further notice.
   c. All or any portion of monies owed to DevPH that are not received when due shall incur a late charge of 1.5% of the amount owing, per month, or the maximum permitted by law, whichever is less, until payment is made.
   d. If services are suspended, client shall pay a minimum reactivation fee of $25.00.
   e. For clients on a month-to-month service, DevPH reserves the right to change pricing any time upon notice to client.
   f. If client’s account is paid by credit card, it is client’s responsibility to make sure the card is valid, so that DevPH can complete a charge. If the charge is not complete, DevPH is authorized to charge the account after the original processing date. It is client’s responsibility to notify DevPH of any change in credit card to be used for payment on client’s account.
   g. If client’s account is paid by check and the check is returned “Non-Sufficient Funds,” client shall be charged a $35.00 process and handling fee.
   h. It is client’s responsibility to promptly notify DevPH of any change in email address or contact person(s).
   
   
9. Refund Policy
   a. Subject to Section 8 and any and all credits set forth in the Agreement, refunds are at the sole discretion of DevPH, including fees associated with primary services, additional features, and any/all setup fees previous assessed.
   
   
10. Cancellation
    a. DevPH reserves the right to terminate service at any time for material breach after Client has an opportunity to cure. If an account is terminated for a policy violation, where Client was provided a copy of such policy, there will be no refund.
    b. Cancellation requests must be submitted via the DevPH management portal by selecting “Request Service Cancellation” from the left navigation and submitting the cancellation form for the services being discontinued. Only authorized contacts/individuals can cancel an account. Unless client specifies a termination date, accounts will be terminated upon notice.
    c. Unless otherwise specified in the terms of Client’s contract and for all month-to-month services, cancellation notice must be received at least 7 days prior to scheduled service renewal date; furthermore, if service is cancelled with less than 7 days remaining before scheduled service renewal, the service will renew for 1 additional month automatically.
    d. Refund policies (Section 9) strictly apply to all cancelled accounts.
    e. If an account is cancelled due to non-payment, DevPH reserves the right to delete contents without notice and re-provision the server.
    f. Client accounts inactive for 30 or more days may be required to create a new account in order to have future services rendered.
    
    
11. Indemnification
    a. The client agrees to defend, indemnify, and hold harmless DevPH and all of its officers, owners, employees, agents, and contractors from and against any and all liabilities of every nature or kind (including reasonable attorneys fees) brought by a third party to the extent resulting from the services herein, including but not limited to, client’s defective products, personal injury or property damage caused by products or services sold or distributed from DevPH servers, or any infringements on the rights of a third party and libel or defamation of a third party.
    
    
12. Disclaimer
    a. DevPH is not responsible for any damages to any client’s business. Except as provided herein, DevPH makes no warranties or guarantees of any kind, expressed or implied, for services provided. Use of DevPH’s service is at the client’s sole risk. Except as provided herein, under no circumstances will DevPH be liable for any claims resulting from the use or inability to use DevPH’s services including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to DevPH servers, DNS caching, Internet bandwidth congestion, power failures, vandalism, or natural disasters.
    
    
13. Policy Revisions
    a. DevPH reserves the right to revise its policies at any time.
    
    
14. Attorney Fees
    a. In the event of a dispute arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs.
    
    
15. Mutually Drafted
    a. This Agreement has been reached by mutual consensus and may not be construed for or against any party in the drafting and preparation of same. Each of the parties, by their signature to this Agreement, acknowledges that they have read and understood each of the provisions of this Agreement and enters into same knowingly, intelligently, and voluntary.
    
    
16. Assignment
    a. Client may not assign any right hereunder or delegate any obligation without the prior written consent of DevPH, and any purported assignment or delegation without DevPH’s consent is void.
    
    
17. Binding Contract
    a. This Agreement shall binding upon each party hereto and their respective heirs, successors, or assigns.