hosting - Global Internet Business Solutions, Providing Solutions for Business

Web Site, Database and E-Mail Hosting Services Agreement

Customer agrees to purchase, and Service Provider (Global Internet Business Solutions) agrees to deliver the Web Site and/or Email Hosting Services (hereinafter referred to as "Hosting Services"), subject to the terms and conditions contained herein and charges in the appropriate Global Internet Business Solutions Web Site, Database and E-mail Hosting Services Price List.

Terms and Conditions

1. Effective Date

This Agreement shall become effective upon the date accepted by Global Internet Business Solutions, and Customer pays first start-up or service fees.

2. Service Start Date

The service start date shall commence when Global Internet Business Solutions begins development of Customer’s Web Site, or Customer initiates migration of an existing site by contacting the host of the existing site, or when Global Internet Business Solutions initiates setup of a new Domain Name with InterNIC, at Customer's request, whichever of the above occurs first.

3. Changes

Prices, terms and conditions are subject to change at any time upon written notice to the customer. Prices are based upon price in effect at time of order, except in the event of published price increase. In the event of published price change, orders placed prior to the price change, and delivered within thirty days of the change, will receive the lesser of the new price and the price in effect at time of order. Prepaid services will receive the price in effect at the time of prepayment, for the term of the contracted service period. Scheduled deliveries of service after 30 days will be invoiced at the price in effect at time services are rendered. If any change is unsatisfactory to the Customer, the Customer may cancel the contract by mailing written notice to Global Internet Business Solutions within thirty (30) days from the effective date of the change. In the event of such cancellation after an announced change, deliveries made prior to cancellation will be billed at the contract rates prevailing prior to the change.

4. Warranty

Customer warrants to have the full right and power to grant the rights to use the materials embodying the names, words, recordings, likenesses, identity, and performances of the photographers, artists and/or performers, free and clear of any rights or claims by the owners or any others, and shall indemnify and hold Global Internet Business Solutions, its agents, owners, employees, licensees, successors and assigns wholly harmless from any loss, liability, damage, cost of expense (including reasonable legal fees) from any claims by the owners or others arising from the use or any derivatives of the materials given to Global Internet Business Solutions to incorporate into the Customer’s Internet and Web Presence for promotional purposes.
Global Internet Business Solutions warrants that the services to be provided will be performed in a reasonable time frame and be consistent with the specification of services outlined in the prevailing price list.
THE FOREGOING WARRANTIES ARE EXCLUSIVE REMEDIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Global Internet Business Solutions WILL NOT BE RESPONSIBLE UNDER ANY PART OF THIS AGREEMENT FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

5. Renewal

This contract will automatically be renewed for successive twelve month periods at the prices, terms and conditions prevailing at the time of renewal. Global Internet Business Solutions will mail written notice of the renewal within thirty (30) days of the commencement of the renewal period.

6. Billing Policy

Billing payment is due the first of the month. Prices are subject to change in the future, but are guaranteed through customers pre-paid billing period.

Payments via Credit Card:
Global Internet Business Solutions accepts payment via Master Card, AMEX, Visa and Discover card. Usage of a credit card indicates an authorization to cover all future monthly or pre-arranged payments fees. Credit cards will be charged within the first week of the new calendar month.
Payments via Check:
Global Internet Business Solutions accepts payments via check. For accounts paying by check, payment equivalent to the monthly or pre-arranged account fees must be received at our office before the order will be processed. All invoices are sent via email, unless specifically requested to send via US Postal Service by customer, on approximately the fifteenth of each month. Payments are due no later that the 10th of the each month. Customers are responsible for paying their account even if they do not receive their invoice via email or in the U.S. Postal Mail. If payments are made later than the 10th of each month, there will be an additional $10.00 late fee added to the next billing cycle.
Payments via International Checks:
Global Internet Business Solutions accepts payments via International checks paid in U.S. funds – check must note payment in U.S. funds on check. Checks that are written that do not draw from a U.S. bank will have processing fees imposed by the banks. Processing fees imposed by the bank will be billed to the customer.
Late Payments:
When customer payments are late, the account(s) will be suspended on the 15th of the month and cancelled at the end of the month if there is no payment made. The customer will have the option of reactivating the account after paying the full amount of the invoice due and an additional fee of $15.00 will be assessed for reactivation. The reactivation fee is non-negotiable.
Accounts with Non-Usable credit cards:
Credit cards on file are non-usable when any of the following occur:
1. The card has expired;
2. The card declines our charges for any reason;
3. The card is reported lost or stolen;
4. The card is declared invalid by our processing system.
  If a credit card payment fails, the customer will be sent an e-mail and postal notice with 15 days to rectify the situation either with a new payment method or by updating the credit card information. The customer’s account(s) will be suspended on the 15th of the month and cancelled at the end of the month if there is no payment made. The customer will have the option of reactivating the account after paying the full amount of the invoice due. An additional fee of $15.00 will be assessed for reactivation. The reactivation fee is non-negotiable.
Frequently Delinquent Policy:
Global Internet Business Solutions considers a customer to be "frequently delinquent" after the third past due or credit card problem notice within any one year period. Customers who become "frequently delinquent" are required to have a positive account balance at all times to receive continued service. On the 30th day of any month, a "frequently delinquent" customer must have enough money in his/her account to cover the next month’s hosting fee. When a "frequently delinquent" customer fails to have sufficient funds to pay for the next month of service, the account will be suspended immediately and the account will remain suspended until the end of the month and cancelled if there is no payment made. This policy applies to all payment methods. This policy is non-negotiable.
Cancellation Policy:
A cancellation will only be accepted if it is done by one of the following methods:
1. When customer payments are late, the account(s) will be suspended on the 15th of the month and cancelled at the end of the month if there is no payment made.
2. The customer must submit his/her virtual authorization by requesting cancellation via email to: services@gibs.com
  The request must include the following information:
  Account name and password
  Cancellation request
3. The customer must fax a cancellation request to 508 896-5280.
  The request must include the following information:
  Account name and password
  Cancellation request
  Signature of account owner
When a cancellation request is made, the technical department will immediately remove all configuration information as well as all contents of the account. Global Internet Business Solutions will remove all files. This will include unread e-mail left on Global Internet Business Solutions servers.
Refund Policy:
30 day money back guarantee - If you are not completely satisfied with our services within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees. This 30 day policy shall include the 30th day. Any over usage fees including but not limited to additional bandwidth will not be refunded. Setup fees are refundable for the following reasons only:
1. the account order is cancelled prior to activation; or
2. the domain name was not available from the InterNIC.
Refunds after the first 30 days:
All service rendered to date will be billed and must be paid in full.
Billing Records:
The customer is responsible for keeping records current at all times. Global Internet Business Solutions is not responsible for actions that are taken as a result of customer’s failure to respond to Global Internet Business Solutions notifications.

7. General

Invoices shall be delivered to customer prior to delivery of the next month's, quarter’s (3 months’), or year's services, as applicable. Payment terms are due and payable upon receipt.

Global Internet Business Solutions shall not be liable for non-performance caused by circumstances beyond its control including, but not limited to, work stoppages of Global Internet Business Solutions employees or employees of others, fires, disruptions in the overall performance of the Internet network, civil disobedience, civil commotions, riots, rebellions, insurrections, acts of God and similar occurrences. To the extent possible, Service Provider shall provide advance notice to Customer of any major planned maintenance or upgrades to its Systems that may affect the delivery of services for more than a fifteen minute period.

The contract prices, terms and conditions, in effect on the date of delivery, shall constitute the entire agreement between the Customer and Global Internet Business Solutions with respect to its subject matter, irrespective of inconsistent or additional terms and conditions in the Customer’s purchase order, in any other document submitted to Global Internet Business Solutions by Customer, or in representations made by Global Internet Business Solutions sales personnel.

8. Rights Reserved

Global Internet Business Solutions reserves the right to Cancel, Shutdown or Transfer any or all hosting services for any reason. This decision by Global Internet Business Solutions will be finial.