Term of Service
IMPORTANT NOTICE: *All payments made to Denovolab are Non-Refundable*
Denovolab Limited (also referred to as ‘the Company’, ‘Denovo’, and ‘Denovolab’ in the proceeding text) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Denovolab Limited Service constitutes acceptance and agreement to Denovolab Limited’s AUP as well as Denovolab Limited’s TOS policy (Terms of Service).
Our Appropriate Use Policy, which is hereby incorporated by reference, specifically prohibits the use of our service(s) for illegal activities. Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, correspondence between the Company and the subscriber, and any other information related to the subscriber, the account, or any past or current services. to any law enforcement agency who makes a written request without further consent or notification to the Subscriber. In addition Denovolab Limited shall have the right to terminate all service set forth in this Agreement if, in the sole discretion of Denovolab Limited, the account and/or services were used in any manner which is illegal or otherwise violates these Terms of Service, our AUP, or any other company policy. If an account is terminated in accordance with this section, no refunds shall be issued and all amounts prepaid forfeited.
2. Service Rates
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service. Subscriber agrees that The Company automatically charges subscriber’s credit card every month. Denovolab Limited reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date.
4. Payments & Fees
Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 4 days past due. Service interrupted for nonpayment is subject to a $150 reconnect charge. Please note that Denovolab Limited reserves the right to take ownership of colocated equipment should the account be more than 30 days past due on any payments. Any co-located equipment located within our facilities which is left beyond the course of an agreement for us to provide co-location services is subject to a storage fee equal to the rate of the co-location fee that would otherwise be associated with the equipment. If the equipment is sold, the selling price will be used towards the bill, minus a 15% processing fee, with any remainder leftover being held indefinitely. Accounts not paid by due date are subject to a $25 late fee. Accounts that are not collectable by Denovolab Limited may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this Terms of Service.
5. Refund & Disputes
All payments to Denovolab Limited, are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Denovolab Limited’ sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Denovolab Limited an “Administrative Fee” of not less than $50 and not more than $150.
6. Failure to Pay
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. Account Cancellation
All requests for canceling accounts must be made via http://support.denovolab.com with at least 72 hours before the next invoice due date. You must have all account information to cancel and accounts must be paid in full before the cancellation will be considered complete.
8. Service Disruptions
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss, or injury.
9. Support Boundaries
Denovolab Limited, provides 24/7 technical support to our subscribers. Denovolab only ensures that the server is online and is remotely accessible. Denovolab Limited does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Denovolab Limited does not provide technical support for YOUR customers. If you can email, we encourage you to email firstname.lastname@example.org for assistance.
IP Address Ownership: If Denovolab Limited assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to Denovolab Limited, and Customer shall have no right to use that Internet Protocol address except as permitted by Denovolab Limited in its sole discretion in connection with the Services, during the term of this Agreement. Denovolab Limited shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Denovolab Limited, and Denovolab Limited reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion, at any time and without any advanced notice. Our allocation of IP addresses is limited by ARIN’s new policies.
11. Notification of Violation
Denovolab Limited is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
First violation: Any User, which Denovolab Limited determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Denovolab Limited’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
Second Violation: Users that Denovolab Limited determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
12. Suspension of Service or Cancellation
Denovolab Limited reserves the right to suspend network access to any customer if in the judgment of the Denovolab Limited network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Denovolab Limited chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
13. Changes in Policy
Denovolab Limited wishes to emphasize that in agreeing to the Denovolab Limited Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Denovolab Limited for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Denovolab Limited or the bringing of any claim against Denovolab Limited by any third-party. This means that if Denovolab Limited is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Denovolab Limited, plus all costs and attorney’s fees.
15. Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. The typical time for the provisioning of new orders is 3 business days after the day we receive payment for the order. Unless the order takes longer than 3 business days to complete or we have made other arrangements in advance, the renewal date for all subsequent periods of service will be based on the date on which payment was received for the order. If the order takes longer than 3 business days to complete, the client may request that the renewal date for subsequent periods of service to be updated to reflect the actual date on which the server was deployed. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation. Denovolab Limited takes no responsibility for any material input by others and not posted to the Denovolab Limited Network by Denovolab Limited. Denovolab Limited is not responsible for the traffic sent or received over your Denovolab switch. Denovolab Limited is not responsible for any damages your business may suffer. Denovolab Limited does not make implied or written warranties for any of our services. Denovolab Limited denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Denovolab Limited.
16. Responsibility for Content
You, as Denovolab Limited’ customer, are solely responsible for the traffic sent or received on your Denovolab switch.
17. Switch Liability
Denovolab Limited assumes zero liability for switching, including, but not limited to, lost or stolen password. Additionally, the customer assumes full liability for maintaining insurance on their own switch from Denovolab.
18. Price Errors
Denovolab Limited reserves the right to not deliver a product or service that was ordered at a certain price if the price is deemed by Denovolab Limited to be a mistake.
Company Name: DENOVOLAB LIMITED
HK Office: Rooms 05-15, 13A/F, South Tower, World Finance Centre, Harbour City, 17 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong
HK Phone: 852 2206 0092