TOS applies automatically to all 2Managed.com clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO 2MANAGED.COM SERVICES YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND ACCEPT TO RESPECT THEM. The service order is described as the package description as presented on the web site.
General
2Managed.com agrees to provide services described in the Service Order(s) signed by the parties(“Services”) to the customer subject to the following Terms of Service (TOS). Use of 2Managed.com services constitutes acceptance and agreement to these Terms Of Service and all attachments. 2Managed.com will make all reasonable efforts to provide a quality service to the Customer.
Immediate Threats
If, in the determination of 2Managed.com, acting reasonably, the Equipment, software or hosted applications used by the customer or the activities of the customer poses an immediate threat to the physical integrity of the Premises or the physical integrity or performance of the equipment or network of 2Managed.com or any other user of the Premises, or poses an immediate threat to the safety of any person, then 2Managed.com may perform such work and take such other actions that it may consider necessary without prior notice to the Customer and without liability for damage to the Equipment or Data for any interruption of the Customer’s (or its customers’) businesses. As soon as practical after performing such work, 2Managed.com will advise, by email/ticket, the Customer of the work performed or the action taken.
Billing and termination
Invoices are sent by email, upon request a copy can be sent by mail. First Month’s Payment shown in the Service Order must be paid by the Customer to 2Managed.com before commencement of the Term. All other invoices must be paid by the Customer within 15 days from the date of 2Managed.com’s invoices, which invoices will be issued 15 days before the end of the last paid period.
The foregoing does not apply to hourly-billed Cloud Services but the Customer must provide valid credit card information prior or provide deposit to activation of the service. Failing this, 2Managed.com shall be entitled to suspend the Cloud Services pending receipt of valid credit card information or deposit.
Payments
The Customer will pay 2Managed.com the One-Time Install Fees and Recurring Monthly Fees specified in the Service Order, as well as any charges for other services the Customer will pay all applicable taxes levied against or upon the services stipulated in the Service Order (as amended by the parties from time to time) or otherwise provided by 2Managed.com under this Agreement. All One-Time Install Fees will be payable in advance. Recurring Monthly Fees will be payable in advance upon the Customer’s chosen payment period. All other fees and the cost will be payable monthly and payment due on the renewal date. Except for the First Month’s Payment shown in the Service Order, which must be paid by the Customer to 2Managed.com before commencement of the Term, all amounts will be payable in American dollars within 15 days from the date of 2Managed.com’s invoices, which invoices will be issued 15 days before the end of the last paid period. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts that are not paid 45 days after due date may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Collection Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Any payment not made when due will be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%).
Late payment
Service will be interrupted on past due accounts after a 48 hours notification. Service interrupted for nonpayment is subject to a $25 reconnect charge. Accounts that are not collectible by 2Managed.com may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Changes
Upon 30 days or greater written notice prior to the end of the initial commitment, 2Managed.com may change any fees payable under this Agreement.
Term and termination
The term of this Agreement shall begin upon the date the server is installed and made available to the customer (or, in the case of Cloud Services, from the date the cloud server is provisioned and made available) and shall be for the period stated in the commitment section of the Service Order. If no commitment is stated, the term will be of 1 month (or in the case of hourly-billed Cloud Services the minimum term is 1 hour). Agreement is renewed for successive 1 month after initial commitment until terminated by either Party, except in the case of hourly-billed Cloud Services. After initial commitment stated on the service order, either party may terminate this Agreement on the account’s anniversary date (an account anniversary date corresponds to the day of the month at which an account was opened.) (i) for convenience on 48 hours before the next anniversary date written notice to the other party, or (ii) if the other party (x) commits a material default (which, in the case of the Customer, will include any failure to make any payment when due) and fails to rectify such default within 10 days after being given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing.
Cancellation requests must be made using the “Customer portal” control panel or in writing with the customer’s signature with at least 48 hours notice and sent to billing [at] 2managed.com.
Service downgrades and upgrades
Service downgrades (for instance, when changing to a hosting package that offers fewer options) will take effect at the account’s anniversary date only (an account anniversary date corresponds to the day of the month at which an account was opened. For instance, if an account was opened on September 8, this account may be modified on the 8th of each month once the original commitment is over). Service upgrades, however, may take effect at any time.
Refund policy
Any prepayment is a commitment regarding the payment period that can not be refunded outside the terms of the satisfaction warranty which applies for 30 days following the opening of the account. However, when closing a product, the account may be credited with the value of advanced payments for that product. The credit may be used for further purchases at 2Managed.com.
The billing errors can be credited retroactively for a period of up to two (2) months.
Guaranteed satisfaction
The Customer has 30 days following the account’s activation date to resiliate his subscription with complete reimbursement of the monthly fees paid.
Guaranteed network availability
2Managed.com will provide 100% transit to the Internet to all the customers who have purchased said service from 2Managed.com.
Guaranteed electrical power
2Managed.com guarantees the electrical power supply of datacenter to 100% for all the customers subscribed to a solution which includes an electrical supply port or an amp circuit.
Guaranteed hardware replacement
At any time, dysfunctional dedicated server hardware will be replaced within two hours. The guarantee does not apply to HDDs and server fans.
Limitation of Liability
THE CUSTOMER ACKNOWLEDGES THAT 2MANAGED.COM PERMITS OTHER CUSTOMERS TO INSTALL THEIR SOFTWARE AND EQUIPMENT IN THE PREMISES. 2MANAGED.COM WILL HAVE NO LIABILITY FOR ANY DAMAGES, COSTS, OR LOSSES INCURRED BY THE CUSTOMER (OR ITS CUSTOMERS) CAUSED BY SUCH OTHER LICENSEES’ ACTS, EQUIPMENT, SOFTWARES, ACTIVITIES OR FAILURES TO ACT. THE LIMIT OF 2MANAGED.COM’S LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BY STATUTE OR OTHERWISE TO THE CUSTOMER (OR ITS CUSTOMERS) CONCERNING PERFORMANCE OR NON-PERFORMANCE IN ANY MANNER RELATED TO THIS AGREEMENT, FOR ANY AND ALL CLAIMS WILL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO 2MANAGED.COM UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING 3 MONTHS FROM THE DATE THE CLAIM AROSE. IN NO EVENT WILL 2MANAGED.COM BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.
Reselling
The Customer in the normal course of its business may resell to its customers use (subject to all the terms of this Agreement) of the Customer Space, Resources and Bandwidth Services provided by 2Managed.com to the Customer pursuant to this Agreement, except that the Customer will not allow such customers to interconnect with other users in the Premises Any act or omission of any such customer that would be a breach of this Agreement if committed by the Customer will be deemed a breach of this Agreement by the Customer. The Customer agrees to defend, indemnify and hold harmless 2Managed.com, and its officers, directors and employees (collectively, the “Indemnities”), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such the customer that would be a breach of this Agreement if committed by the Customer, and (ii) any claim by any such customer arising from use of the Premises, services provided by 2Managed.com under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.
Responsibility for Content
The customer is solely responsible for the content stored on and served by his servers.
Entire agreement.
This Agreement including the attachments hereto and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, 2MANAGED.COM MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency this main agreement, any attachments, and/or any Service Order, the Service Order will take first priority, this main agreement will take second priority and the attachment will take third priority in interpreting the parties’ rights and obligations.
Severability and Reformation.
If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
Complaints
Complaints or TOS & AUP violations must be reported to abuse [at] 2managed.com.
Force Majeure
Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.
Changes and rights
2Managed.com may vary these rules and regulations from time to time in its sole discretion, and the Customer will comply with all other reasonable security requirements that 2Managed.com may impose from time to time, provided that the Customer has been given 30 days notice.
Last Modified: Thu, 27 Jul 17 15:45:56 +0000