Terms of Service
READ THIS AGREEMENT CAREFULLY BEFORE USING ANY NAMSAHAZ SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (referred to herein as “Customer”) AND NAMSAHAZ.
Please note that this agreement is subjected to change and it is Customer's responsibility to regularly check for modifications. If Customer signed up for the Service before the Posted/Revised date listed above, the new version will become effective thirty (30) days after the Posted/Revised date listed above. Continued use of the Service constitutes acceptance to the new version of this agreement.
NAMSAHAZ is committed to providing services at a standard of excellence commensurate with the best practice in the industry. Network up-time and server availability are of the highest importance. The following service levels are designed to assure our customers of ultimate performance and maximal up-time.
Hardware
NAMSAHAZ stand behind our servers with an "unlimited free replacement warranty" for ALL leased or rented systems, including individual parts ordered as upgrades from NAMSAHAZ.
NAMSAHAZ will replace, at no charge (including labor), the following components or system parts: System Enclosures or cases, CPU or Processors, Random Access Memory (RAM), System Motherboards, Controllers, Ethernet Adapters, Ethernet or Network Cards, CD ROMs, Floppy Drives, IDE or SCSI Hard Disk Drives, SCSI Adapters, Video Cards, Sound Cards, Surge Protectors and Un-interrupted Power Supplies (UPS), Network and Power Cables, System Power Supplies, System Fans.
Repair will start upon our identification of the hardware failure and will be completed within 2 hours from problem identification. If faulty hardware replacement takes more than 2 hours, customer will be refunded twice the amount of downtime incurred or 10% of monthly fee whichever one is lower.
Network Up-Time
NAMSAHAZ guarantees network availability of 99.9999% in a given month, excluding scheduled maintenance. Network is considered unavailable if there is a 100% packet loss from NAMSAHAZ to its backbone providers. We will credit customers 5% of the monthly fee for each occurrence of downtime more than 1 hour. Network infrastructure is all equipment, from the cable connected to the server's NIC to the backbone provider, and includes routers, switches and cabling. Downtime is measured past 10 minutes after notification of network failure, via the ticketing system.
Customer Support
NAMSAHAZ provide excellent customer support and this include helping customers to manage their servers. Any extra work which is not included in our terms may be billed at NAMSAHAZ's discretion.
Invoices & Cancellations
Customer will retain records of the terms and conditions of its Package for future reference. NAMSAHAZ may change Package prices or add or delete Package features or restrictions at any time, and such changes will not affect the initial agreement between Customer and NAMSAHAZ. In the event of any conflict between the terms of any Package and the terms of this Agreement, the terms of this Agreement will govern. In the event of any conflict between the terms of any Package and the terms of this Agreement, the terms of this Agreement will govern.
Invoices are issued as a courtesy; Customer will maintain awareness of its usage levels and the fees it owes Namsahaz and will pay them when due. All invoices are due upon their date of issuance and will be considered overdue if not paid on that day. If Customer pays by a method other than credit card, Customer must have all payments submitted on or before their invoice expiry dates. Any payment not paid when due will, at NAMSAHAZ’s option, bear interest at a rate of fifteen percent (15%) per year from the date due until paid. In addition to interest payments, NAMSAHAZ may charge a late fee of USD25 per month, starting on the first day after any payment is due. Such late fees are intended to defray NAMSAHAZ’s costs resulting from late payments and will constitute liquidated damages. If a service is suspended and is requested to be activated again, NAMSAHAZ may charge a reconnection fees of USD49. The parties agree that such liquidated damages are reasonable in light of the harm delay will cause and the difficulties of proof of loss and the inconvenience and unfeasibility of otherwise obtaining an adequate remedy. None of the remedies listed in this subsection is exclusive of other remedies.
Acceptable Use
Customer asserts that it has read NAMSAHAZ’s Acceptable Use Policy (“AUP”) and its Privacy Policy. Customer will adhere to the AUP and Privacy Policies and will not allow the Services or NAMSAHAZ equipment to be used for activities prohibited by such policies. NAMSAHAZ may revise the AUP from time to time by posting a new version thereof on the NAMSAHAZ Website, and Customer is responsible for awareness of such revisions. In the event of any conflict between the AUP or the Privacy Policy and this Agreement, this Agreement will govern.
Payment & Billing Information
Payments are due on customer corresponding billing date. The billing date is the day the order was placed and processed. The CUSTOMER will pay NAMSAHAZ for services listed in this Service Agreement by the following payment method:
Acceptable Mode of Payment :
Internet Banking Transfer / E-Gold
Payment details will be included in the invoice given to customers once an order has been made.
Disclaimers and Warranties
NAMSAHAZ’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NAMSAHAZ DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NAMSAHAZ MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE PROVIDED BY NAMSAHAZ OR ANY OF ITS REPRESENTATIVES WILL CREATE A WARRANTY.
NAMSAHAZ WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF NAMSAHAZ WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. NAMSAHAZ’S MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO PROVISION OF ITS SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF FEES BILLED TO CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
NAMSAHAZ WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: (i) OTHER NAMSAHAZ CUSTOMERS OR THIRD PARTIES ACCESSING CUSTOMER’S DATA OR ASSIGNED COMPUTERS; (ii) SECURITY BREACHES; (iii) EAVESDROPPING; (iv) DENIAL OF SERVICE ATTACKS; (v) INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING NAMSAHAZ’S SERVICE; (vi) CUSTOMER’S RELIANCE ON OR USE OF THE SERVICE; (vii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE SERVICE; (viii) THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE SERVICE; OR (ix) LOSS OF DATA OR LOSS OF ACCESS TO DATA.
NAMSAHAZ’S LIMITATIONS AND EXCLUSIONS OF LIABILITY APPLY EQUALLY TO NAMSAHAZ’S OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUPPLIERS, SUBSIDIARIES, PARENTS, AND AFFILIATED COMPANIES.