TERMS AND CONIDITIONS (“TAC”)

The use of services from SnapFast, LLC [hereafter referred to as "SnapFast"] constitutes agreement to these terms.

1.) ACCOUNT SETUP

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

OWNERSHIP

The credit card holder is designated as the authorized owner of the account.

TRANSFERS

Our transfers team will make every effort to help you move your site to our servers. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30-days from your sign up date and are subject to the below stipulations:

  1. If you currently have cPanel as your hosting control panel, we will migrate your site free of charge.
  2. Non-cPanel accounts will be migrated for a $50 fee, email accounts not included. Three day free trials are not charged. A $50 fee will only be assessed if you switch your hosting and begin hosting with us.
  3. For non-cPanel accounts, email accounts will be migrated for $25 / email account.
Transfers outside of the 30-day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

DEDICATED IP ADDRESS ALLOCATION

Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

THIRD PARTY PROVIDERS

All transactions with third party providers are solely between the visitor and the individual provider. SnapFast is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Some products provided by SnapFast are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party.

All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.

We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

2.) TERM

SHARED & CLOUD HOSTING

By using one of SnapFast’s shared or cloud hosting plans, you are committing to an auto-renewing 30-day term commencing on the date of payment. Cancellation requires a minimum notice of 15 days prior to the end of your current term.

ADVANCED OPTIMIZATION

By using SnapFast’s Advanced Optimization service, you are committing to a minimum 12-month term commencing on the date of your first payment. After 12 months, the service will default to an auto-renewing 30-day term. Cancellation requires a minimum notice of 15 days prior to the end of your current term.

DEDICATED SERVERS

By using one of SnapFast’s dedicated servers, you are committing to a minimum 12-month term commencing on the date of your first payment. Longer 24 or 36 month terms may also be provided at additional discounts. After the original term length has passed, the service will default to an auto-renewing 12 month term. Cancellation requires a minimum notice of 30 days prior to the end of your current term. Any changes to your hardware configuration will automatically renew a 12 month term unless a SnapFast representative explicitly outlines otherwise..

3.) CONTENT

All services provided by SnapFast may only be used for lawful purposes. The laws of the State of Utah and the United States of America apply.

The customer agrees to indemnify and hold harmless SnapFast from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email support@SnapFast.com with the information required. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on all servers include:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Push button mail scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Tell A Friend Scripts
  • Anonymous or Bulk SMS Gateways
  • Bitcoin Miners
  • PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)

Examples of unacceptable material on all Dedicated servers include:

  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

SnapFast services, including all related equipment, networks and network devices are provided only for authorized customer use. SnapFast systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of SnapFast system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. SnapFast may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

Sites hosted on SnapFast service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. SnapFast is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like SnapFast and many of SnapFast's other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, SnapFast should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under SnapFast's webhosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us at support@SnapFast.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

HIPAA Disclaimer: We are not “HIPAA compliant."

Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. SnapFast does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this Terms of Service, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that SnapFast is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact support@SnapFast.com.

Users are solely responsible to ensure they completely comply with PCI-DSS compliance standards applicable to their site. SnapFast will work to provide an environment that meets the basic standards set by the PCI Security Standards Council of: 1) Build and maintain a secure network 2) Protect cardholder data 3) Maintain a vulnerability management program 4) Implement strong security measures 5) Regularly test and monitor networks 6) Maintain an information security policy. All customers are encouraged to utilize 3rd party PCI compliance scans and share the results with SnapFast support so we can aid in meeting any additional requirements.

4.) ZERO TOLERANCE SPAM POLICY

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

SnapFast reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

SnapFast reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of SnapFast.

5.) PAYMENT INFORMATION

You agree to supply appropriate payment for the services received from SnapFast, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. You agree that until and unless you notify SnapFast of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing and submitted via support ticket. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of SnapFast, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify SnapFast of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by SnapFast. SnapFast reserves the right to bill your credit card or billing information on file with us. SnapFast provides a 10-day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to SnapFast for services rendered. Access to the account will not be restored until payment has been received.

SnapFast reserves the right to change the monthly payment amount and any other charges at anytime.

6.) BACKUPS AND DATA LOSS

Your use of this service is at your sole risk. Our backup service runs daily and will maintain 7 days of backups for all non-custom plans. For an added fee you may extend the backup period for your server, however, this does not guarantee the backups. This service is provided to you as a courtesy. SnapFast is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on SnapFast servers.

7.) CANCELLATIONS AND REFUNDS

SnapFast reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and SnapFast is not responsible for any change in exchange rates between time of payment and time of refund.

Customers may cancel at any time via a support ticket. SnapFast gives you an unconditional 30 day money back guarantee on virtual private server (VPS) hosting. There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Eligibility of said refunds will be determined at the time of cancellation.

Cancellations requested after the initial 30 days will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. If the account is eligible, any request for a refund outside of the initial 30 day period will be given on a prorated basis with any previous extended term discount withheld. Refunds are to be determined once the account has been canceled. Payments older than 60 days may require a refund via mailed check due to our merchant account policies and procedures.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

  • Bank Wire Transfers
  • Western Union Payments
  • Checks
  • Money orders

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

8a.) RESOURCE USAGE

User may not:

  1. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  2. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  3. Run any software that interfaces with an IRC (Internet Relay Chat) network.
  4. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  5. Participate in any file-sharing/peer-to-peer activities
  6. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
  7. To help reduce usage, do not force html to handle server-side code (like php and shtml).
  8. Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

8b.) INODES

The use of more than 250,000 inodes on any account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit.

9.) BANDWIDTH USAGE

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

10a.) MONEY BACK GUARANTEE

On dedicated servers no full refund will be honored -- the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Each of SnapFast's VPS carry a 30 day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software.

SnapFast will not activate new orders or activate new packages for customers who have an outstanding balance with SnapFast. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by SnapFast in writing.

10b.) UPTIME GUARANTEE

If your server has a physical downtime that is not within the 100% uptime you may receive credit on your account. Approval of the credit is at the discretion of SnapFast dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@SnapFast.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to package solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee. SnapFast’s full uptime guarantee policy can be found in the “Service Level Agreement.”

11.) DEDICATED SERVERS

SnapFast reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. SnapFast reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are typically backed up to local hard disks. SnapFast does not guarantee the integrity, frequency, or history of backups. The number of backups will be limited by the total disk space available on the backup drives. Should the Client modify the standard server configuration such that additional backup disks are not included, no backups will be provided and it will be the sole responsibility of the Client to determine a backup solution for themselves.

If you are purchasing a dedicated server, by agreeing to these Terms and Conditions you also agree to the SnapFast dedicated server agreement that can be found at http://www.snapfast.com/dedicated-server-agreement.pdf

12.) PRICE CHANGE

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on SnapFast, and the right to increase the amount of resources given to plans at any time.

13.) COUPONS

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. Some exceptions are made for coupons that apply to additional services such as audits or speed optimizations. Such services are subject to the terms expressly outlined for those promotions. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

14.) ADDITIONAL SERVICES

SnapFast may offer additional services to hosting or non-hosting customers. Such services are subject to the terms outlined below for each service.

BASIC AND/OR ADVANCED SPEED OPTIMIZATION

  1. Client will provide a website operating on a working version of Magento with no core file modifications. If any core files have been modified or any other issues are present that might impede SnapFast's ability to render services, SnapFast may, at its sole discretion, resolve these issues for an added fee.
  2. SnapFast reserves the right to deny services to any client for any reason.
  3. If compilation is not working, SnapFast may, at it's sole discretion, offer to resolve compilation conflicts for an hourly fee.
  4. An added fee may be assessed for sites running Professional or Enterprise editions of Magento.
  5. An added fee may be assessed for sites that have more than 10 3rd party extensions or local modifications.
  6. Results are not guaranteed. In the event that the final result does not yield a satisfactory load time, SnapFast may, at its sole discretion, refund up to 25% of the advanced speed optimization cost. The refunded amount will be based on the original optimization price and does not include any added fees or expenses incurred during the project.
  7. For optimizations to be done on a 3rd party hosting system, the client is required to provide at minimum SSH access, a form of FTP access, and Magento access. For SnapFast to have the ability to make as many improvements as possible, the client must provide root SSH access to the server.
  8. If the client provides a development server with a copy of their site, SnapFast will perform the speed optimizations on that server first. When verified that the changes are complete, SnapFast will then move the changes to the production server at no added cost.
  9. If the client does not have a development server, one may be provided by SnapFast for an added fee.
  10. If the client has a development server but requires SnapFast to duplicate the live site onto the development server, SnapFast, at its sole discretion, may offer these services for for an added fee.
  11. All added fees are to be billed hourly at a rate of $150 / hour unless otherwise noted.
  12. SnapFast reserves the right to undo, remove, repossess, delete, or modify any and all code, modifications, improvements, changes, configurations, software, or updates made to the client's website and/or server if full payment for services rendered, both the initial fee and any additional charges incurred, is not received by the specified due date.
  13. No warranty or guarantee of any kind is expressed nor implied.
  14. SnapFast will transfer licenses for qualifying 3rd party software at the request of the client. No upgrades, guarantees, or warranties of any kind are expressed nor implied. Upon completion, client assumes full responsibility for the maintenance and upkeep of modifications.
  15. No guarantee, promise, or commitment to a timeline for completion of work is express nor implied. SnapFast will do it's best to deliver services in a reasonable timeframe from commencement of the proejct.
  16. Upon beginning work, the Client agrees to provide at minimum 1 week of uninterrupted access to the intended website, development or production, for SnapFast to render services. During this time, client agrees to make no modifications, changes, or updates unless expressly requested by SnapFast.
  17. SnapFast is not liable for any damages, material or non-material, as a result of improvements, modifications, changes, updates, removals, or additions to the website, server, or supporting systems including but not limited to the operating system, web server, PHP, MySQL, or Magento.
  18. If the client is hosted with a 3rd party solution, SnapFast is not liable for any breach of terms or contract that the resulting services might cause upon the 3rd party hosting systems. The client assumes all responsibility to ensure that the changes conform with the required restrictions of their hosting provider's environment.
  19. If the client discovers any issues with the website that affect it's usability that break functionality, SnapFast will resolve such issues within 7 days of completion of services.
  20. A list of specific changes can be provided to the client upon request.

MAGENTO AUDIT

  1. The information provided in audits are provided in good faith. The information is not guaranteed to be 100% accurate. SnapFast employees will do their best to provide the most accurate information possible.
  2. SnapFast reserves the right to deny services to any client for any reason.
  3. Root access to the server must be provided. If root access is not provided, some sections of the audit may be omitted due to restrictions in obtaining the information.
  4. The client is expected to make a backup of their website and systems prior to our team auditing the site. Most of the audit is read-only, however, 1 small file is installed and run to diagnose MySQL issues.
  5. No guarantee, promise, or commitment to a timeline for completion of work is express nor implied. SnapFast will do it's best to deliver services in a reasonable timeframe from commencement of the proejct.
  6. SnapFast is not liable for any damages, material or non-material, as a result of improvements, modifications, changes, updates, removals, or additions to the website, server, or supporting systems including but not limited to the operating system, web server, PHP, MySQL, or Magento.
  7. If the client is hosted with a 3rd party solution, SnapFast is not liable for any breach of terms or contract that the resulting services might cause upon the 3rd party hosting systems. The client assumes all responsibility to ensure that the changes conform with the required restrictions of their hosting provider's environment.

15a.) INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold SnapFast harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against SnapFast, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SnapFast against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SnapFast; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from SnapFast's server.

15b.) ARBITRATION

By using any SnapFast services, you agree to submit to binding arbitration. If any disputes or claims arise against SnapFast or its subsidiaries, such disputes will be handled by an arbitrator of SnapFast's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Utah. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

16.) DISCLAIMER

SnapFast shall not be responsible for any damages your business may suffer. SnapFast makes no warranties of any kind, expressed or implied for services we provide. SnapFast disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by SnapFast and its employees.

17.) DISCLOSURE TO LAW ENFORCEMENT

SnapFast may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

18.) CHANGES TO THE TERMS OF SERVICE

SnapFast reserves the right to revise its policies at any time without notice.


SERVICE LEVEL AGREEMENT (“SLA”)

The SLA is incorporated into the Terms & Conditions and applicable to all Services delivered to Customer. The SLA is binding only on the Customer and SnapFast and does not apply to any third parties, including Customer End Users. The issuance of Credits (defined below) is the sole and exclusive remedy of Customer and SnapFast’s sole and exclusive obligations, for any failure of SnapFast to satisfy the requirements set forth in the SLA.

SLA CREDIT CLAIM

To claim a credit the Customer shall follow the Approved Procedure within fifteen (15) days of the end of the Claimed Outage. The claim will be reviewed by SnapFast; any credit for Verified Outages (“SLA Credits”) shall be issued as provided below.

Claimed Outage means the period (measured in minutes) during which Customer claims a Loss of Services during a monthly period within the Term as reported using the Approved Procedure.

Excluded Minutes means the period of any outage measured in minutes due to the exclusions set forth in the SLA Credit Exclusion during a monthly period within the Term.

Qualifying Outage Minutes mean the aggregate of all minutes of a Verified Outage during a monthly period within the Term, minus any Excluded Minutes in the monthly period within that Term.

Services means the services ordered by Customer and accepted by SnapFast as provided in the TAC.

Loss of Services means the Customer is unable to connect to the SnapFast datacenter providing Services to the Customer.

Verified Outage means a Claimed Outage for a particular Service that has been verified by SnapFast using its monitoring logs of accessibility to the SnapFast datacenter or Services.

SERVICE COMMITMENTS

SnapFast will provide a minimum 100% uninterrupted transit to the Internet (as measured on a monthly basis) as well as 100% uninterrupted electricity. SnapFast will do its best to make hardware replacements on all dedicated and co-located systems, but cannot make any guarantees in regards to co-located equipment. All attempts will be made to get the system diagnosed and operational within 24 hours. There are no additional fees for hardware replacement in dedicated systems, but co-located customers may incur additional fees for hardware replacement services.

SLA CREDITS

Should transit to the Internet or electricity become unavailable for a cumulative period up to 15 minutes beyond the 100% minimum in any month of service, the Customer can receive a credit equivalent to 5% of the Customer’s recurring monthly fees for that month for every additional 15 minutes the network or power is unavailable. All credit calculations will be based on unavailability in 15 minute increments. Outages may not be combined to fulfill the 15 minute minimum.

APPROVED PROCEDURE

Customer is eligible to receive SLA Credit, subject to the following process (the “Approved Procedure”):

  1. Customer will report a Claimed Outage opening ticket in the Customer Portal with the billing department.
  2. In order to receive a SLA Credit, Customer must submit a report of Claimed Outage within fifteen(15) days of the end of the Claimed Outage after the technical issues have been resolved.
  3. SnapFast will review Claimed Outages against Verified Outages.
  4. SnapFast’s determination of SLA Credits is final.
  5. Customer agrees to pay all invoices in full while a Claimed Outage is being reviewed or SLA Credit is being determined.
  6. SnapFast will communicate the SLA Credits to Customer and the ticket will be updated, provided that, the SLA Credit may not be used to reduce the payment due in the month in which the SLA Credit is paid below zero. SnapFast will apply the SLA Credits to the Customer’s future invoices for the relevant services.

INELIGIBLE CUSTOMERS

Customer who at the time of the report of the Claimed Outage are not current on their payment of the fees for the Services do not qualify for SLA Credits for such Claimed Outages. In addition, Customer who have not paid their fees when due for the Services three or more times in the previous twelve calendar months do not qualify for SLA Credits.

USE OF SLA CREDITS

SLA Credits may be used solely for future payments due for the particular Service or failure of other obligations for which the Service Credits are issued. The SLA Credits may not be sold or transferred to other parties. SLA Credits may not be used until any Customer violations of the TAC are resolved to SnapFast’s reasonable satisfaction. Any Customer making false or duplicative claims for Claimed Outages will incur a one-time charge of fifty dollars ($50.00) per incident for such claims. False or duplicative claims are also a violation of the Terms & Conditions and may, in SnapFast’s sole discretion, result in a suspension of Services. SLA Credits shall expire on the termination or expiration of Services.

SLA CREDIT EXCLUSION

SLA Credits do not apply for periods during which the Services are not available for the following reasons:

  1. Outages due to scheduled or emergency network, equipment and/or facility maintenance, which will be broadcast to all customers when possible.
  2. Customer use of the Services in violation of the TAC;
  3. Events described in the Force Majeure provision;
  4. Suspension of Customer’s access to the Services as provided in the TAC;
  5. Problems caused by the Customer’s use of the Services after SnapFast advised Customer to modify such use, if Customer did not modify its use as advised;
  6. Problems arising from equipment and/or events out of the control of SnapFast. This includes downtime due to account transfers or Customer error.

Last Updated: Feb 2, 2015