This Cloud Server Service Addendum (the “Addendum”) is in addition to the online Reseller Master Agreement (the “Master Agreement”) for Reseller’s purchase of remote access to cloud based computing environment services (the “Cloud Server Services”) on a pay per use basis as set forth in this Addendum offered through the Parent’s website (the “Website”), operated by Parent (as defined in the Master Agreement). All capitalized terms used in this Addendum and not otherwise defined herein shall have the same meaning ascribed to them in the Agreement. Pursuant to the terms of this Addendum, the Parent agrees to provide Reseller with the Cloud Server Services. For the avoidance of doubt, unless otherwise expressly provided in this Addendum, all terms and conditions of the Agreement remain unchanged and in full force and effect. If there is a conflict between the provisions of this Addendum and the terms of the Agreement, the terms of this Addendum shall prevail. 1. Payment and Billing (1) Parent shall charge Reseller a monthly fee (the “Service Fee”) based on Reseller’s usage of the Cloud Server Services during the prior month as set forth in Reseller’s control panel. Five (5) days following the invoice date, the Parent shall charge Reseller for the applicable invoice amount. For the avoidance of doubt, Reseller is charged for the Cloud Services Services after Reseller has already used such services automatically be charged to the payment method on file on or around. If Reseller fails to pay any such invoice within fifteen (15) days of the invoice date, Reseller’s access to the Cloud Server Services shall be suspended and Reseller’s data may be promptly deleted within fifteen (15) days. (2) The total maximum billable hours in any month for Reseller’s use of the Cloud Server Services is six hundred and seventy two hours (672) (the “Maximum Monthly Billable Hours”). Despite a Reseller’s actual usage in any month, in no event shall Reseller be charged a Service Fee based on a number of hours that exceeds the Maximum Monthly Billable Hours. (3) Reseller hereby agrees that the Parent reserves the right to increase the Service Fee at any time by providing at least fifteen (15) days’ prior notice to Reseller. Such notice may be in the form of: (i) notices and updates in Reseller’s control panel, and/or (ii) a public alert or announcement issued on the Website. (4) Notwithstanding anything to the contrary contained in this Agreement, there are no refunds of any fee (including without limitation, administrative fee and/or tax) on Cloud Server Services. the Reseller may terminate or cancel the Cloud Server Services from the control panel. If Reseller cancels the Cloud Server Services, Reseller is obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. If the Reseller requests to suspend or cancel the Reseller’s account, access to the control panel will be suspended and the Reseller will not be able to access the billing system to renew products or services or to update account information. However, the Reseller will continue to have access to use the Cloud Server Services purchased until the end of any prepaid term.
Please note that if the Reseller has pending orders outstanding on its account at the time of cancellation, Parent will continue to process those orders so long as the account has sufficient funds to cover the charges. To cancel a pending order, please follow the instructions available here. If Parent is unable to fulfill any orders, the charges for such orders will be reversed and Parent reserves the right to cancel such orders.
Parent reserves the right to deny or cancel any order within thirty (30) days of processing such order. In such case we will refund the fees charged for the order. (5) Reseller agrees to have at least 1 credit card on file to use Cloud Server services. The Reseller further agrees to pay a one-time fee of $5, which will be charged to the credit card the Reseller provided which and be applied to your first month’s invoice. Reseller may cancel the Cloud server services and stop its billing at any time by contacting the Parent. Once cancelled, a final invoice will be sent for any remaining services rendered in the previous month.
2. Authorized Users Reseller may authorize its personnel, employees, or contractors to use the Cloud Services Services (each an “Authorized User”) in connection with its business, provided, however, that such Authorized User shall not sub-license, resell or supply the Cloud Server Services to any third party. In the event that the Parent determines, in its sole discretion, that there has been a violation of this provision, Parent shall, without prejudice to any other remedy available under applicable law, immediately suspend Reseller’s Cloud Services account.
