General Terms of Serves (TOS)

Notifications:  All notifications to the customer will be sent by electronic mail (email). It is the responsibility of the customer to ensure his or her email address is valid at all times. JodoHost will not be responsible if Customer fails to receive any email JodoHost attempted to send.

Ordering Server(s):  To order a server(s) Customer need to visit http://jodohost.com/managedservers.asp. Customer should check and understand the product details and send us requirements by visiting www.jodohost.com/contactus.php page. Once we receive Customer's requirement, JodoHost Sales Department will prepare a quote. This quote will have setup fee, monthly fee and other fee(s) as per your requirement and quotation validity period. Customer must pay these fee(s) within validity period. If a Customer pay these fee(s) after validity period, our fee may get changed or server may not be available. If that happens, we will refund Customer payment within 48 hrs (max.)

Monthly Service Fees: Fees for server(s) ordered by the Customer shall begin on the same date of the initial order and that date shall serve as the monthly anniversary date (“Anniversary Billing Date”) for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.

Upgrade Fees/Additional Service Fees: If you send us request to upgrades ordered on the Anniversary Billing Date, then it will be billed for a full month service and will continue each month on the Anniversary Billing Date.

If you send us request to upgrades ordered after the normal Anniversary Billing Date, then it will be charged on pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.

Downgrade: You need to confirm request for downgrade (if any) prior to 96 hrs. of your hosting Anniversary Billing Date for downgrades of month to month services. Failure to supply the requisite 96 hours written notice of downgrade will result in a full billable monthly cycle prior to downgrade.

One Time Fees: One time fees, such as setup fees, management ticket charges, bandwidth overages, ip’s  and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.

Service Credits: Service credits ( like Discounts/SLA etc. ) will be issued to your Customer account and shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor shall the service credits be transferable to other account holders. Service credits shall expire if Customer’s account is fully terminated.

Cancellation: Because cancellation is automated, it requires submission of the official cancellation request via cancellation Form (http://www.jodohost.com/cancelform.asp) we will be sending you confirmation verification email on recipt of your cancellation form, your cancellation will be confirmed only on receipt of reply to that email. You should ensure to reply cancellation verification email with your confirmation prior to minimum 96 hours 00:00:01 CST (GMT-6) according to your account Anniversary Billing Date. Failure to supply the requisite 96 hours written notice of cancellation will result in a full billable monthly cycle prior to cancellation. Your account will be terminated effective, date of submission of Cancellation Form

All Customer data remaining after the cancellation date will be destroyed for security and privacy reasons, unless otherwise required by law.

Refunds & Disputes: All Dedicated Hosting services rendered by JodoHost are non-refundable. This includes, but is not limited to: setup fees, one time fees, and monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an accounting ticket from www.jodohost.com/contactus.php  with complete server details with their official email id.  Customer should pay his server fee on time, even if they are trying to get a refund or resolving any SLA/Billing/Credit issue with JodoHost.  Failure to pay Server Fee on or before Anniversary date will result as stated “Non-Payment” policy.

Charge Back: Customer agrees not to chargeback any payments for services rendered. A chargeback of paymentfor services rendered will result in an additional charge of $250 and will be subject to collection by an authorized collection agency. Customer is responsible for any fees and costs (including, but not limited to, reasonable attorneys’ fees, court costs and collection agency fees) incurred by JodoHost  in enforcing collection.

Non-Payment: All payments are due in full on or before the Anniversary Billing Date. Failure to remit payment on the monthly anniversary date is a violation of the TOS. Failure to remit payment on time, including the Anniversary Billing Date, shall result in a termination of public access to Customer services ( via live chat/phone ) as well as suspension of Server services.

A late fee of $30 will be incurred for failure to remit payment for services on or before the monthly Anniversary Billing Date. Failure to remit payment for services within five (5) consecutive days, including the Anniversary Billing Date, shall result in termination of all services, shall be reclaimed. A $60 reconnect fee will be incurred for failure to remit payment for services after access has been disconnected. All Customer data remaining after seven (7) days of non-payment will be destroyed for security and privacy reasons, unless otherwise required by law.

Disclaimer: JodoHost do not take responsibility of any business/data lost due to Non-payment or non-compliance of TOS stated above.

Data: JodoHost agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership. In the event that JodoHost handles Customer data, i.e., when replacing hard drives, JodoHost will act in accordance with PCI guidelines to ensure data is securely handled.

Permitted Use : By Accepting the TOS, customer agrees to use JodoHost Services solely for their intended purposes. Customer Specifically Agree Not to Tamper with, Make Derivative Works of , Reverse Compile, Reverse Engineer and/or disassemble any of provider’s software or Files. If customer violate or exceeds the permitted use, JodoHost reserves the right to immediately terminate customer’s account and will pursue any or all legal remedies available.

Laws: CUSTOMER AGREES TO ABIDE BY ALL LOCAL, STATE, AND FEDERAL LAWS PURSUANT TO SERVICES DELIVERED IN DALLAS, TEXAS, UNITED STATES OF AMERICA. THIS AGREEMENT IS MADE UNDER AND WILL BE CONSTURED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. EXCLUSIVE VENUE AND JURISDICTION FOR ANY AND ALL LEGAL REMEDIES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE DALLAS COUNTY, DALLAS, TEXAS. EACH PARTY IRREVOCABLY CONSENTS TO THE FOREGOING JURISDICTION AND VENUE REQUIREMENTS AND WAIVES ANY AND ALL OBJECTIONS TO SUCH REQUIREMENTS.

Indemnification: CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS JODOHOST, JODOHOST’S AFFILIATES, AND ITS RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, FINES, PUNITIVE DAMAGES, AMOUNTS IN INTEREST, EXPENSES AND DISBURSEMENTS OF ANY KIND AND NATURE WHATSOEVER (INCLUDING REASONABLE ATTORNEYS’ FEES) BROUGHT BY A THIRD PARTY UNDER ANY THEORY OF LEGAL LIABILITY ARISING OUT OF OR RELATED TO CUSTOMER’S CONTENT, ILLEGAL ACTIVITY AND/OR ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF A THIRD PARTY’S COPYRIGHT, TRADE SECRET, PATENT, TRADEMARK, OR OTHER PROPRIETARY RIGHT.

Limitation of Liability: EXCEPT AS DESCRIBED IN THE SLA (for dedicated serveres), JODOHOST SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. JODOHOST SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS MASTER SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF JODOHOST AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR HOSTING SERVICES FOR THE THREE MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT(S) GIVING RISE TO THE CLAIM.

Arbitration: Any controversy or claim arising from service or related to this Terms of Service Agreement or breach therein in excess of $400.00 shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The venue and jurisdiction requirements set forth above apply to any arbitration proceedings. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.

Legal Compliance: By accepting this Terms of Service Agreement, Customer represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties. Customer further represents and warrants that he/she has full authority and power to execute this Agreement on behalf of the Company he/she represents, if any. Additionally, Customer warrants that he/she is at least 18 years of age or older and are not otherwise legally incapacitated to execute this Agreement.

Electronic Signature: Acceptance by Customer of the Service Agreement incorporating the Terms of Service, Acceptable Use Policy, Service Level Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.