Syntonic Media Solutions, Inc. [SyntonicMedia] may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. Modifications to the TOS shall not be grounds for early contract termination or non-payment. It is your responsibility to check this Terms and Conditions page regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease any type of participation in the Program.
By activating your account with SyntonicMedia, you agree to the above policies and disclaimer. Upon requesting an account, you are required to accept the terms listed in our TOS.
Billing:
Payments may be made via check, money order, PayPal or Credit Card. You will be responsible for paying your invoices every month on time.
Charges shall commence to accrue on the date that SyntonicMedia provides service to Customer. Payments are due on the anniversary date of the month for that month’s service. Any additional charges, including, but not limited to, any late fees and any usage-based charges, including, but not limited to, bandwidth overages, shall be invoiced in arrears and shall appear on the monthly invoices for Services and Products or as separate invoices.
SyntonicMedia reserves the right to lock any account after delinquent payments or failure to make payment arrangements 10 days after your invoice is due. Such termination or denial will not relieve Subscriber of the responsibility for the payment of all accrued charges and any collection fees.
Fees:
Reconnect fee – Any account that is suspended due to non payment will be charged an additional reconnect fee in the amount of $20.00 (USD).
Declined Credit Cards – Credit cards that are declined for any reason are subject to a $1.00 (USD) declination fee.
You can email or call our billing department at anytime if you feel there is a problem with your account or bill.
Termination of Service:
The customer reserves the right to cancel service with SyntonicMedia at any time during a billing term. Cancellations will occur at the end of the current billing cycle. Cancellations must be requested via the control panel ticket system. Cancellations over the telephone and informal email are not accepted.
SyntonicMedia reserves the right to terminate your service for any action deemed unacceptable by our Acceptable Use Policy. You should understand and agree that SyntonicMedia shall be the sole determiner in cases of suspected abuse, fraud or violation of its rules and any decision it may make relating to termination of membership (including cancellation of commissions) shall be final and binding.
Spam:
SyntonicMedia is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the our network, by customers or any other users of the SyntonicMedia network (including customer’s customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on our server. We also prohibit the selling products that can be used for spamming.
We react quickly and seriously to violations and we further reserve the right to terminate the services without prior notice of any customer disregarding this policy.
If you have any complaints or comments regarding Spam on our network, please direct them via help desk to support.
Refusal of Service:
We reserve the right to refuse, cancel or suspend service at our sole discretion.
Quality of Service:
Service Level Agreement Terms for Web Hosting Customers:
SyntonicMedia provides a 99.999% uptime guarantee to all Web Hosting Customers. Should Website availability become unavailable for a cumulative period of 1 hour in any one calendar month, Customer will receive a refund equivalent to one day of Customer’s Recurring Monthly Fees for that month. Customer will receive an additional refund of one day of the Recurring Monthly Fees for each additional hour of downtime or unavailability.
All refund calculations will be based on unavailability in one-hour increments.
The above agreement does not cover outages caused by equipment and/or events not under the direct control of SyntonicMedia.
This Service Level Agreement does not cover outages due to scheduled or emergency network and/or server maintenance, which will be broadcast to all customers in advance.
Any and all refunds to customer will not exceed 100% of the Customer’s Recurring Monthly Fees for the month in which the refund is paid.
SyntonicMedia shall not be deemed to be in default of any provision of this agreement or be liable for any failure of performance of the services resulting, directly or indirectly from any: weather conditions, natural disasters, action of any governmental or military authority, failure caused by telecommunication or other internet provider, other forces or occurrences beyond its command and control.
SyntonicMedia will not be responsible for notice failures caused by an error in your email program, an inaccurate email address provided by you, your failure to check your email or your failure to inform SyntonicMedia of a change in your email address.
Maintenance:
SyntonicMedia designates time periods (“scheduled maintenance windows”) during which it may limit or suspend the availability of the service to perform necessary maintenance or upgrades. SyntonicMedia will only provide notice via electronic mail to customers of scheduled maintenance.
Support:
SyntonicMedia provides technical support to our subscribers via control panel ticket system, email and live chat. SyntonicMedia provides support related to your services or account physical functioning. SyntonicMedia does not offer technical support for application specific issues such as ASP, ColdFusion, .NET, PHP, Perl (scripting errors), HTML or any other such issue. SyntonicMedia does not provide any kind of technical support for YOUR customers.
Security:
Payment Gateways:
SyntonicMedia provides its customers with access to real time payment gateways. You will use these gateways at your own risk. SyntonicMedia will not be held liable for processing credit cards or taking online payments directly or indirectly using our equipment or any gains or losses incurred by using them. Please make sure to keep all your data in a secure location.
Customer Security Obligation:
The customer is expected to maintain a secure password consisting of at least 6 characters, a mixture of numbers, special characters and mixed-case letters.
Indemnification:
Customer agrees to indemnify and hold harmless against losses, claims, damages, liabilities, penalties, actions, proceedings or judgments to which an indemnified party may become subject and which losses arise out of, or relate to this agreement or customer’s use of the services, and will reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending or settling any loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
Disclaimer:
SyntonicMedia cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site were functioning. Certain services provided by company are resold. Thus, certain equipment, routing, software, and programming used by SyntonicMedia are not directly owned or written by SyntonicMedia. Moreover, SyntonicMedia holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as company sees fit.
Unlimited Policy:
SyntonicMedia may offer services with “unlimited” quotas. We will allow you to host as many domains or sites as you need as long as you are not considered to be wasting resources or degrading the system in any way. We will start you off with a soft limit of 100 domains. If you need more domains than that, you can order them at no charge. We will not terminate any account for the terms in the unlimited policy but would prefer to work with a client to find a better less resources heavy solution if we feel one is needed.
Money Back Guarantee:
SyntonicMedia is pleased to offer a 30-day money-back guarantee on all packages. If we should fail to provide you with the level or type of service you require, you will receive a full refund (minus setup fees and other charges) if you cancel your account within 30 days of the activation of your account.
No refunds are available after 30 days. Any request for cancellation must be received via our online support ticket system (inside the control panel). Once a request is placed it will be processed upon verification. Cancellations over the telephone and informal email are not accepted. Our guarantee does not apply to accounts which violate our acceptable use policies, exceed the data transfer limits, domain name registrations or accounts you have resold.
Accounts cancelled/terminated by SyntonicMedia for violating our company rules, accounts which exceed data transfer limits and other assigned resource limits do not qualify for the 30-day money back guarantee.
