TOS applies to all Columbus Software LLC clients.

TOS applies automatically to all Columbus Software LLC clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO COLUMBUS SOFTWARE SERVICES YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND ACCEPT TO RESPECT THEM.

General

Columbus Software LLC., 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 Columbus Software LLC. services constitutes acceptance and agreement to these Terms Of Service and all attachments. Columbus Software LLC. will make all reasonable efforts to provide a quality service to the Customer.

ColumbusSoft Hosting

The Customer agrees to use bandwidth as described in the Acceptable Usage Policy.

The Customer agrees to use bandwidth as described in the Acceptable Usage Policy and agrees that bandwidth shall not exceed the number of gigabytes per month for the Services ordered by the Customer on the Service Order Form and that number of gigabytes is the sum of the incoming and outgoing data transfer for a period of 1 month. Columbus Software LLC shall have the right to take corrective action if the Customer’s bandwidth usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges based on the per gigabyte price stated on the Service Order.

Other Services

Upon request by the Customer, Columbus Software LLC. may at its option, provide the Customer with technical and non-technical support, such as equipment reboots, troubleshooting, DNS and other support, in connection with the Customer’s use of the Customer Space and Bandwidth Services. The Customer agrees to pay the hourly rate up to $100 for those other services.

Installation, removal, replacement, maintenance and access to equipment

Insurance

Under no circumstances will Columbus Software LLC. be obligated to provide insurance coverage for any service or data owned by or offered to the customer.

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 Columbus Software LLC. before commencement of the Term. All other invoices must be paid by the Customer within 15 days from the date of Columbus Software LLC.’s invoices, which invoices will be issued 15 days before the end of the last paid period.

Payments

The Customer will pay Columbus Software LLC. 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 Columbus Software LLC. 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 Columbus Software LLC. before commencement of the Term, all amounts will be payable in American dollars within 15 days from the date of Columbus Software LLC.’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 90 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%). Bounced checks are subject to a penalty fees of $20.

Automatic debits by credit card

In the case of payments by credit card, ColumbusSoft will use the informations in its possession to make a payment at the invoice date. The customer will not receive any previous notification but will receive a notice after every debit on the credit card. If ever the customer wants to disable the automatic debit, he only needs to contact the customer service via its “Client-Area”. If the customer wants then to re-enable the automatic debit, they only need to mark the box “automatic debit” in his manual payment form. By submitting an initial payment or re-activating the automatic debit option, the customer confirms that he has read and accepts the conditions related to the automatic debit. In addition, the customer allows ColumbusSoft to withdraw the amount of the unpaid balance from the credit card. The client also authorizes the financial institution issuing the credit card to charge his account for the amounts related to the ColumbusSoft services. This authorization will be valid until an authorized person on the account ask to suspend the automatic debit.

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 Columbus Software LLC. 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, Columbus Software LLC. 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 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. Agreement is renewed for successive 1 month after initial commitment until terminated by either Party. 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 “Client Area” control panel or in email or through the contact form.

Payment obligation

Upon account activation, ColumbusSoft reserves space, equipment and resources for the customer’s needs. The Customer must pay its account even if he is not making any use of it.

Credit Authorization

The Customer hereby authorizes Columbus Software LLC. and gives consent to Columbus Software LLC. under applicable privacy laws for Columbus Software LLC. to obtain credit information and bank and other financial references regarding the Customer for the purposes of assessing the Customer’s credit worthiness, and the Customer will promptly execute and deliver to Columbus Software LLC. such further documents and assurances and take such further actions as Columbus Software LLC. may from time to time reasonably request in order to carry out the intent and purpose of this Section.

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. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.

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.

Backup copies

Columbus Software LLC. will make all possible efforts to provide a backup mechanism and keep complete backup copies of all hosting solutions. However, the customer must keep a personal backup copy of its software, sites, databases and all hosted content. Columbus Software LLC should not be held responsible of any loss of data or data corruption.

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 Columbus Software LLC. 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 Columbus Software LLC., and its officers, directors and employees (collectively, the “Indemnities”), from any and all liabilities, costs and expenses, including reasonable legal fees, services provided by Columbus Software LLC. 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 their websites..

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, Columbus Software LLC. 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.

Governing Law and Jurisdiction

This Agreement is governed by the laws of the State Of Ohio and the laws of the United States applicable therein.

Changes and rights

Columbus Software LLC. 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 Columbus Software LLC. may impose from time to time.