This Terms of Service is a legal agreement (hereinafter – the “Terms of Service”) between ITsyndicate Limited, company established under the law of Hong Kong with registered address No. 5, 17/F Bonham Trade Centre, 50 Bonham Strand, Sheung Wan, Hong Kong (hereinafter – the “ITsyndicate”, or the “Contractor”) which provides services (hereinafter – the “Service(s)”) to and any individual or entity (hereinafter – the “Client”), who have an intention to enter into this agreement, and has an adequate legal force in accordance with any law.
The Contractor and the Client collectively referred to as the “Parties” and individually – “Party“.
The Client entering into these Terms of Service and accepts all terms and conditions listed in these Terms of Service by depositing funds or making a prepayment for the Service(s).
By entering into the Terms of Service, the Client confirms that he/she has fully and completely read and agreed with its terms and conditions, and, if the Client is an individual, gives his/her permit to the Contractor for processing his/her personal data for the purpose of making it possible to fulfill the terms and conditions of this Terms of Service, make settlements and receive fee notes, acts and other documents.
If you disagree to be bound by all provisions which set forth in this Terms of Service, you shouldn’t use the ITsyndicate’s Service(s).
Subject of the Terms
Contractor provides Service(s) to Clients in full accordance to the terms and conditions of the Terms of Service and applicable statutory requirements of Hong Kong.
By request of the Client, which should be formed in the invoice issued by the Contractor, the latter shall provide the Service(s) to the Client. The Service(s) means the provision to the Client any services including, but not limited to:
- Linux server management, including, but not limited to technical services, remote server management, migration services etc.;
- security, including, but not limited to security patches update, firewall installation and configuration, security audit, Anti-virus installation and configuration, etc.;
- server optimization;
- automatization of all development processes;
- monitoring of the Client’s servers, etc.
The Contractor operates in accordance with the laws of the country in which the Contractor is registered. The Contractor has no information about the procedure and the possible limitations in the implementation of the Client’s operations which are the subject of this Terms of Service. The Client alone takes care of the law requirements of the country of residence in the implementation of these activities.
The websites which are associated with bestiality or child pornography, sites which promote hate against any racial group. Sites/servers of such nature will be stopped managing immediately and will not be refunded.
You agree and warrant that all data, visual materials, advertising and other matter you store shall not violate any laws concerning obscenity and shall not contain any depictions of bestiality, incest, rape, sexual assault, actual physical violence, torture or disfigurement, or other content deemed objectionable by ITsyndicate Limited, in its sole discretion.
List of the Service(s) which may be provided by the Contractor to the Client shall be pre-agreed between the Parties and formed in the invoice issued by the Contractor and filled by the Client.
The invoice shall include, but not limited to, the next information: list of the providing Service(s), Service(s) costs (payment amount), turnaround time (deadlines), billing information, information about the sender and the recipient.
Client shall have 7 (seven) calendar days from the invoice issuance day to pay the amount due thereon, or to notify Contractor in writing of a bona fide dispute asserted in good faith as to one or more of the invoice items.
In addition to all rights and remedies granted to ITsyndicate in this Terms of Service Contractor has the right to charge and collect Late Fees in case the Client does not provide payment within 7 days after the invoice due payment date.
ITsyndicate Limited will automatically apply the charge and renew the subscription for you. You will be automatically re-billed under the terms of your subscription. If you wish to cancel your recurring billing, please provide us with 5 days advanced notice to cancel.
Prices and payment procedures
The Contractor determines the currency of payment in the form of US dollar.
Client shall indicate the number of invoice issued by the Contractor in the payment description (bank to bank instructions).
The Contractor provides Service(s) on the pre-paid basis. The Service(s) are deemed paid at the time when the funds (payment amount) are credited to the current account specified in the invoice issued by Contractor.
We accept credit cards, PayPal and wire transfers.
Payments may be carried out by the credit card (including Visa or MasterCard) on the Contractor’s account through the payment processor.
Processing fees shall be paid by the Client.
All commissions, charges and other costs and provisions regarding to commissions, charges and other costs shall be regulated only by the provisions of law and existing Terms of Service and other related contracts between the Contractor and the Client.
If the payment of the Client is overdue more than 1 consistent time without preliminary notice our billing department will automatically suspend the services to give the Client an opportunity to solve financial issues in order to prevent the debt become too big. Service will be renewed as soon as payment is made.
Rights and obligations of the Parties
The Client has the right:
- to receive the Service(s) in full;
- to demand from the Contractor to provide the Service(s) in accordance with the Terms of Service;
- to receive from the Contractor the information regarding execution of the Service(s);
- to address the Contractor with complaints and suggestions for improving the quality of the Service(s).
The Client is obliged to:
- to provide full, true and accurate information to the extent that is necessary to provide the Service(s) Client requested;
- to pay the Service(s) in accordance with an issued invoice and provisions of the Terms of Service;
- to omit from creation a risk or possible legal exposure for the Contractor;
- to comply with all laws, rules, and regulations applicable to this Terms of Service.
The Contractor has the right:
- not to provide Service(s) in the absence of pre-payment for them;
- to temporarily or completely discontinue providing the Service(s), if the Client provides inaccurate payment details or does not provide such information on request;
- to discontinue providing the Service(s), if the Client create a risk or possible legal exposure for the Contractor;
- to restrict an access for Service(s) in the event of non-compliance with this Terms of Services;
- to carry out any technical work or modifications as a result of which access to the any Client’s services may be temporary, partially or completely changed or restricted;
- to alter, amend or delete the provisions of this Terms of Service without subsequent notification of Client.
The Contractor is obliged to:
- to provide the Service(s) accordingly with these Terms of Service;
- to provide official reports related to the provision of the Services to the Client;
- to comply with all laws, rules, and regulations applicable to this Terms of Service.
Special conditions and liabilities
The Contractor shall not be responsible for any direct or indirect damage caused to the Client as a result of using or failure to use the Service(s) or as a result of errors, omissions, interruptions, file deletions, defects, delays in operation or data transmission, or modification of functions and other reasons which arise to the Client’s fault.
The Contractor shall not be a deemed to responsible in respect of any liabilities and costs associated with any violation of this Terms of Service by the Client.
The Parties have agreed to assume that a facsimile signature reproduction on bills and work acceptance certificates signed by the Parties under this Terms of Services has the same legal effect as handwritten signatures of authorized representatives of the Parties.
The Contractor shall be liable only for actual damages caused to the Client on Contractor’s fault, ie due to failure of the Contractor’s obligations hereunder, but the lost of Client’s benefit is not refundable. In all other cases the Client’s losses are the result of his activity or inactivity.
Client shall indemnify the Contractor for any losses incurred by the Client’s fault, including damage caused by not providing (late submission) any documents, which need to be provided due to this Terms of Service, as well as damage incurred by the Contractor as a result of any distortion of the information contained in the documents provided to the Contractor by the Client.
Parties are not responsible to each other for any delay or failure in performance due to force majeure arising regardless the will and desire of the Parties and that could not be foreseen or avoided, including declared or undeclared war, civil disturbance, fires and other natural disasters.
The Client is responsible for all taxes (in his country or abroad), assessed as a result of or in connection with the execution of this Terms of Services in accordance with the applicable law or the existing practice of taxation with regard to their possible changes. Contractor shall not be liable for the fulfillment of tax obligations by the Client, providing clients with information or advice in relation to such tax liability or notice to clients about changes in tax legislation or practice of taxation.
The Contractor shall:
– not recommend to the Client’s customers any third parties (individuals or legal entities) that perform work or provide services, similar to those the Client performs/provides or can perform/provide according to this Agreement, without the Client’s consent;
– not facilitate in any way the Client’s customers’ contacting any third parties (individuals or legal entities) to order work or services, similar to those the Client performs/provides according to this Agreement
– not carry on negotiations with any Client’s customers concerning the services of third parties or any other cooperation with them without the Client’s prior consent;
– conduct correspondation with the Client’s customers concerning all questions, related to the object of this Agreement, which can appear in the course of fulfilling the terms of this Agreement, exclusively via email mentioned in contact details of Contractor. This e-mail shall remain unchanged during the period of validity of this Agreement, and can be changed only with the Client’s prior consent and when valid reasons are in place;
– not carry on director indirect negotiations with the Client’s customers about the object of this Agreement, its prices, conditions of payment, peculiarities of fulfilling itsterms, opportunities to sign direct agreements on performing work or providing services, where the object of agreement is work, similar to the object of this Agreement.
The Client shall:
– not recommend to the Contractor’s employees any projects or positions, similar to work or services that are performed/provided or can be performed/provided by the Contractor according to this Agreement without the Contractor’s consent;
– not facilitate in any way the Contractor’s employees contacting any third parties (individuals or legal entities) to receive projects, perform/provide work/services, similar to those that are performed/provided by the Contractor according to this Agreement;
– not negotiate with any Contractor’s employees about recommending their services to any third parties or any other cooperation with them without the Contractor’s prior consent;
– not become associated with any Contractor’s employees directly or indirectly (outside of the scope of this Agreement) even if they left the company for any reason.
Claims and disputes settlement procedure
All disputes between the Contractor and the Client concerning any actions under this Terms of Service shall be resolved through negotiations, and if agreement is not reached – in court with the claim dispute resolution.
Complaints will only be accepted in writing by e-mail. The claims made in other way (by phone, fax, etc.) will not be accepted. Client agrees that decision on the appeal is final and cannot be re-examined by filing a separate claim.
Any claims to the Contractor related to the provision of the Service(s) will be considered upon providing by the Subscriber the relevant financial documents confirming the payment of the Service(s).
The Client’s claims for the Service(s) provided will be accepted by the Contractor for consideration no later than 3 calendar days from the date when the dispute has arisen. The term of review of the Subscriber’s claims will be no more than fourteen (14) business days.
Governing law and jurisdiction
This Terms of Service shall be governed, construed, and interpreted in accordance with the laws of Hong Kong without regard to any choice of law provisions. Any claim or lawsuit arising from or relating to this Terms of Service shall be filed and maintained in a court of competent jurisdiction in Hong Kong.
In case of Terms of Service termination by the Client, the Service(s) will be canceled, otherwise the cancellation of the Service(s) shall not be effective.
Contractor has the right to terminate these Terms of Service at any time and for any reasons with the obligatory written notification of the other Party within 5 days before date of termination.
Cancellations must be completed at 30 days prior to the end of your then-current Subscription Period, whether Monthly, Quarterly, Semi-Annually, Annually or Biannually. The Client is obliged to make the payment of all outstanding invoices in full prior to requesting cancellation. Cancellations performed after billing are not entitled to refunds, in whole or in part.
Paid services cannot be refunded, and except as expressly provided in these terms, ITsyndicate will not refund fees that Client has already paid.
The purpose of this chargeback policy is to recover operating expenses incurred from protecting the company’s financial well-being from those individuals who would take financial advantage of Contractor’s Service(s) instead of utilizing Contractor’s easy Refund Policy.
When a bank forcibly reverses a credit card transaction, returning funds to the cardholder, it is known as a chargeback.
Clients may request a chargeback for nearly any reason. As a result, it is possible to commit “friendly fraud”: a credit card industry term used to describe a Client who makes an Internet purchase with his/her own credit card and then issues a chargeback through his/her card provider after receiving the Service(s).
ITsyndicate considers chargebacks and any kind of disputes through payment processors to be fraud, if a Client has made no reasonable effort to work with us to resolve any problems with a purchase. Fraudulent chargebacks may be turned over to a law enforcement or collection agency.
Since fraudulent purchases are often associated with malware and phishing, immediate termination of all Service(s) related to the chargeback is required to prevent possible damage. When ITsyndicate receives a chargeback notice, the Service(s) was paid by Client will be immediately terminated.
Please, be advised, that a Client must reverse the chargeback in order to cancel termination. This returns the initial funds to us, cancels the penalty fee we receive for “allowing” fraud to be committed, and generally erases any “black marks” against us for the transaction. We do not accept additional payment for services on a different card.
All chargebacks not only cost our employees time away from our usual and customary matters of conducting normal business, but cost us money. Therefore, Client agrees that if the Client chooses to do business with ITsyndicate, and issues a chargeback, and does not win the chargeback argument, to pay us $100 for our time responding to the matter. Client authorizes ITsyndicate to charge this amount from funds Client already credit to Contractor’s current account or Client’s credit card.
To cancel a chargeback, Client must contact his or her credit card provider and issue a chargeback reversal. To cancel an open dispute Client must contact the online payment processor and close his or her dispute.