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The following terms and conditions apply to the provision of services to you by ("Poservers.com") once Poservers.com has accepted your order by sending you a written confirmation or by commencing the provision of the Service (as defined below):

1.Poservers.com shall use reasonable endeavours to provide the service to you specified in your order ("the Service"). You acknowledge and agree that Poservers.com does not guarantee the provision of the Service on an uninterrupted basis but that Poservers.com shall use reasonable endeavours to meet the service levels, if any, specified on the Poservers.com website at www.poservers.com from time to time. In the event that no Service Levels are specified on the Website, Poservers.com shall provide the relevant Service with reasonable care and skill. You further acknowledge and agree that Poservers.com is constantly revising its Service Levels and that you accept such revised Service Levels as are posted on the Website from time to time.

3. Your sole remedy for failure by Poservers.com to meet the Service Levels shall be to terminate this Agreement in accordance with clause 14.

4. This Agreement shall commence on the date specified by Poservers.com in its confirmation of your order or the date that Poservers.com commences the provision of the Service (whichever is the sooner) and shall continue in force until terminated in accordance with its terms.

5. Poservers.com shall use reasonable endeavours to commence the provision of the Service to you by the end of the next two Business Days following the day upon which payment in full for the Service is received from you. For the purposes of this Agreement, "Business Day" means any day excluding Saturday, Sunday and any bank or public holiday in Luxembourg.

6. You must pay Poservers.com for the Service at the rate agreed with Poservers.com at the time of placing your order as such rate may be revised by Poservers.com from time to time provided that Poservers.com shall not revise such rate more than once in any period of six months and you shall pay such rate in advance on or before the beginning of each payment period as agreed with Poservers.com at the time of placing your order ("the due date"). Any failure by you to pay in full by the due date will entitle Poservers.com at any time there after without notice to you to terminate the provision of the Service with immediate effect.

7. You undertake and agree to:

(a) keep your contact details up to date and forthwith notify us in writing of any amendments;
(b) keep your passwords confidential and only disclose them to such of your employees who need to know them and you will procure that those employees keep such passwords confidential; and
(c) comply with the terms and conditions of use of any third party networks and services used in the provision of the Service which are not directly operated or provided by Poservers.com and/or which are not under the control of Poservers.com.

8. You acknowledge and agree that:

(a) From time to time, the Service may be closed down and suspended in order for work to be carried out relating to the upgrading or maintenance of the Service or for other reasons relating to the provision of the Service. Poservers.com shall use reasonable endeavours to give you reasonable notice of such closure and suspension and shall use reasonable endeavours to ensure that such works are carried out as quickly as reasonably practicable;
(b) Poservers.com is entitled to alter or transfer IP addresses from time to time for any reason whatsoever. Whilst Poservers.com shall use reasonable endeavours to give reasonable notice of such alteration or transfer, Poservers.com does not guarantee this. No IP addresses are transferable to other service providers.

9. By submitting your order for the provision of the Service on the terms and conditions of this Agreement you hereby expressly consent to Poservers.com using any and all information provided by you from time to time for any purpose whatsoever including, without limitation, the marketing of Poservers.com products and/or services to you and the sending to you of e-mails concerning Poservers.com products and services and/or any technical announcements by Poservers.com concerning the Service and you hereby expressly consent to Poservers.com transferring the information to any third party that is a group undertaking of Poservers.com and/or its suppliers anywhere in the world. For the avoidance of doubt, Poservers.com will not sell such information to any third party.

10. All copyright, trade marks and other intellectual property rights subsisting or created in the provision of the Service shall remain the property of Poservers.com or its licensor and you will not derive any right, title or interest in them. You shall indemnify and keep Poservers.com indemnified against any and all losses, claims, liabilities, damages, demands, costs and expenses (including, without limitation, legal costs and expenses) incurred by Poservers.com as a result of failure by you to comply with this clause 10.

11. You and Poservers.com hereby agree that any information of a confidential or proprietary nature supplied to the other or generated by either party during the term of this Agreement shall not be used by the other, save for the purposes of this Agreement and shall not be disclosed to a third party, in each case, without the prior written consent of the other, whether during the term of this Agreement or after its termination or expiration.

12. Poservers.com may, at its sole option and without any obligation to refund monies paid by you pursuant to clause 6, terminate this Agreement immediately on written notice to you if:

(a) ordered to do so by a court of competent jurisdiction;
(b) the use of the Service is or becomes illegal;
(c) if there is a breach of this Agreement;
(d) the continued use of the Service could cause technical problems on the Internet; or
(e) you act in any way or do anything which may reasonably be construed to impugn the trade mark rights of Poservers.com or otherwise be detrimental to the business, goodwill or reputation of Poservers.com.

13. Either party may terminate this Agreement by serving not less than 28 days written notice on the other provided that if you terminate this Agreement pursuant to this clause 13 you shall not be entitled to a refund of any monies paid pursuant to clause 6.

14. You may terminate this Agreement immediately by serving written notice of 28 days on Poservers.com if Poservers.com persistently fails to meet the Service Levels.

15. Poservers.com reserves the right to change the terms and conditions of service providing all parties with 7 days notice of these changes by either email, first class post or recorded delivery.

16. Poservers.com gives no warranty and makes no representation in respect of the Service save as expressly set out in this Agreement and hereby excludes, to the fullest extent permitted by law, all conditions, warranties, terms, undertakings and representations, express or implied, whether by statute, common law or otherwise in relation to such Service.

17. Poservers.com shall not be liable to you whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the Service, including without limitation:

(a) loss of revenue; and/or
(b) loss of anticipated savings; and/or
(c) loss of business and/or goods; and/or
(d) loss of goodwill; and/or
(e) loss of use; and/or
(f) loss and/or corruption of data and/or other information; and/or
(g) downtime; and/or
(h) any damage relation to the procurement of any substitute services.

For the avoidance of doubt, neither the types of loss and/or damage specified in sub-clauses (a) to (h) inclusive of this clause 17 nor any similar types of loss and/or damage shall constitute direct loss for the purposes of this Agreement.

Whilst Poservers.com shall use its reasonable endeavours to ensure that backup copies of all Client data contained are made at reasonable intervals, the Client shall be solely responsible for the backup of such data and Poservers.com shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data by the Client which are due to the failure of the Client or Poservers.com to back up such data.

18. No waiver by either party of any provisions of this Agreement shall be binding unless made expressly and confirmed in writing. Any such waiver shall not apply to any subsequent or other matter, non-compliance or breach.

19. Notices to either party must be given in writing and sent by first class recorded post or facsimile to the relevant addresses specified on the Website in the case of Poservers.com, and in your order in your case, as amended by no less than 18 days' notice in writing by the parties from time to time. A notice shall be deemed delivered within three Business Days of posting in the case of first class post and twenty four (24) hours after the completion of the transmission as shown in the transmission report in the case of facsimile.

20. Poservers.com reserves the right to measure its Installations at any time to determine whether the Customer is adhering to the usage volume agreed and to determine any over-usage implying additional charges. Poservers.com will not access the Customer's specific data.

Poservers.com will not tolerate any abuse or harassment from clients, Poservers.com is structured on fair business practice & moral business ethics we do the right thing by all of our clients. We will go out of our way to accommodate most reasonable requests / Matters. Clients found to be posting negative feedback in a forum without contacting us to sort the matter out first you may have account's suspended or terminated as this is un professional and slander and not the client we want at the end of the day, if a matter is of urgency we have all the appropriate contact mediums for our clients to contact us.

Ongoing abuse / harassment matters may be referred to your the local law enforcement agency

22. REFUND POLICY

Poservers.com has a 15-day Money Back guarantee, Not including: Domain Names, SSL Certificates, Any add-ons including IP Adress's, Installation services of scripts/software, Website Design Services and SEO Services. At anytime during the 15-day period you can request cancellation and refund of your web hosting service. To obtain a refund you must post a written notice of cancellation before the 15day guarantee is finsihed. This must be signed and dated by you. You cannot and will not recieve a refund if your account was suspended / Terminated for violation of the TOS (Terms Of Service).

Your installation name and password
Sign and Date the document

Post the Document to:
Oryx Consulting S.A.- POservers.com Department
19, Rue de l' industrie
L-8069 Bertrange
Luxembourg

Cancellation request by E-mail will be ignored. This is to protect clients againts false cancellation and refund notices. Cancellation will take effect imediatly after notice has been recieved. Refund will be by either Direct Deposit or Cheque. This is at the discretion of the manager. Please allow 14 days for your refund.

Please contact support @ poservers.com if you have any questions.

Terms of Service