Terms of service
This Agreement (“Agreement”) is between HEDGE Digital and the person (individual or legal person) who completes and sends HEDGE Digital’s order form (“Order”) incorporating this Agreement by reference (“Customer”).
This Agreement governs Customer’s use of HEDGE Digital’s Web Hosting and/or related services.
HEDGE Digital agrees to provide Customer with web hosting and / or related services selected by Customer from HEDGE Digital’s then published list of services (“Services”) and as described in the Order, for the fees stated in the VPS Order Form.
The Services to be provided initially to Customer shall be as selected in the Order and thereafter as established through correspondence between Customer and HEDGE Digital.
The initial term of the Agreement shall begin on the first day of the month and shall continue till the Customer provides a written statement of termination.
However, no service shall commence unless and until HEDGE Digital receives and accepts a completed Order from Customer, plus payment in full for Services to be rendered during the first month and any set up charges.
HEDGE Digital reserves the right to reject any submitted Order for any or no reason prior to written acceptance.
Upon expiration of the Initial Term, this Agreement shall automatically renew for successive terms of the same length as the Initial Term (“Renewal Term”) unless HEDGE Digital or Customer provides the other with written notice of non-renewal at least fourteen (14) days prior to the expiration of the Initial Term or then current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”
Customer agrees to indemnify and hold harmless HEDGE Digital, and each of their respective officers, directors, 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 legal fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
Disclaimer of Warranties
CUSTOMER AGREES TO USE ALL HEDGE Digital’s SERVICES AND ANY INFORMATION OBTAINED THROUGH OR FROM HEDGE Digital AT CUSTOMER’S OWN RISK.
HEDGE Digital DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF HEDGE Digital AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
The Agreement may be terminated by either party, without cause, by giving the other party fourteen (14) days prior written notice.
The Agreement may be terminated by HEDGE Digital prior to the expiration of the Initial Term or any Renewal Term without liability as follows:
without notice if Customer is overdue on the payment of any amount due under the Agreement;
if Customer materially violates any other provision of the Agreement, and fails to cure the violation within ten (10) days of a written notice from HEDGE Digital describing the violation in reasonable detail;
Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
HEDGE Digital shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond HEDGE Digital’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, theft, destruction, terrorist activity, acts of God or other events of a magnitude or type for which precautions are not generally taken in the industry.
HEDGE Digital reserves the right to amend this Agreement and Customer shall be bound by any such amendments.
The Customer is deemed to have agreed to this Agreement when commencing use of any of HEDGE Digital’s Services.