​General Terms & Conditions

Effective Date: August 1st, 2018

The Customer recognizes and accepts that the present terms and conditions may be modified by CMN Hosting at any time in accordance with the provision herein and any changes will be posted on CMN Hosting site, along with the effective date.

1) APPLICABILITY
These Terms and Conditions govern the provision of and use of residential services, including, but not limited to, Hosting, Media and Cloud services provided by CMN Hosting , as well as any hardware, equipment or devices provided by CMN Hosting in conjunction with these services. Unless otherwise specified, services will be offered for an indeterminate term.

2) PAYMENT
Payment for recurring services is due in advance. The Customer shall pay all applicable fees, charges, applicable usage dependent charges and taxes relating to the services. CMN Hosting requires pre-authorized bank or credit card payments for certain services. Payments are due every month on the date specified in the service order, or upon receipt of invoice. 

For all packages, the acceptance of the order is conditional on the payment of the first invoice which includes the shipping, activation and installation fees, as well as service charges for the initial billing period. The payment is non-refundable unless CMN Hosting cannot provide the service to the Customer.
In the event of a payment default, any outstanding amount becomes immediately payable and due. A fifteen dollar ($15.00) charge may be applied for any payment items returned by the bank. In the event of returned pre-authorized charges to a bank or credit card, CMN Hosting may attempt to process payment before the next regularly scheduled payment.

A cancellation of service or a change to banking or credit card information within 10 days of a regularly scheduled payment may not be processed in time to prevent that regularly scheduled payment. In such an event where a credit is due to The Customer, amount will be refunded within 15 days.
If the Customer disputes any charges, fees reported within an invoice, the Customer shall notify CMN Hosting in writing within ninety (90) days of receiving that invoice or it shall be deemed that the Customer has waived any right to contest such charges. CMN Hosting reserves the right to correct any errors in billing for a period of up to ninety (90) days, and apply the appropriate charges retroactively.

CMN Hosting reserves the right to change payment notification methods, including the cessation of mailed debit notices, where not required by law. As part of our commitment to the environment, and to save our Customers’ costs, CMN Hosting is committed to converting from mailed debit notices to electronic notifications, wherever possible. Unless otherwise specified in writing, Customers agree that CMN Hosting may debit their bank account or credit card (as applicable) by an amount equal to the monthly charges, applicable usage charges and any amounts in arrears, without any notice or further authorization from the Customer].

3) EARLY TERMINATION FEES:
If the Customer subscribes to a term service and cancels prior to the end of the term, the Customer may be charged Early Termination Fees (ETFs) The ETFs are not a penalty. They are an estimate of damages suffered by CMN Hosting as a result of the Customer’s early cancellation of CMN Hosting Services.
Any ETFs will be calculated based on the amount of the discount (whether to services, hardware or both) offered in exchange for a fixed term, prorated to the time remaining in the fixed term, and will not exceed the value of the original discount for services and/or hardware provided.

4) SERVICE SUSPENSION
In the event of a Customer being in default of payment, or in violation of the Acceptable Use Policy, or for cause, CMN Hosting may suspend service without prior notice.
CMN Hosting may impose a charge of up to $20 for disconnection of each Service and a separate charge of $20 for re-connection of each Service, and the Customer shall pay to CMN Hosting all expenses related to the reinstatement of the services following a suspension where such expenses may be incurred by CMN Hosting following a re-connection request.
Orders are subject to credit approval and in the event of unacceptable credit risk, CMN Hosting may interrupt some or all services or features without prior notice.

5) LIMITATION OF LIABILITY AND INDEMNIFICATION
CMN Hosting will not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice or data quality. CMN Hosting aggregate liability to The Customer or any third party for direct damages arising out of or in connection with this Agreement shall be limited to the lesser of: (a) the actual direct damages suffered by the Customer, and (b) the charges paid by The Customer during the previous calendar month. 
The Customer agrees to defend, indemnify, and hold harmless CMN Hosting, its affiliates and their respective officers, directors, employees, agents, legal representatives and any other service providers who offer services to the Customer or CMN Hosting in relation with the present agreement or the service provided, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, the Customer, any third party or user of the Customers’ service relating to the absence, failure or outage of the service, including but not limited to their provision of incorrect information to CMN Hosting in connection therewith.

6) PRICES AND SERVICE FEES
Certain discounts may be applied to subscriptions to a bundle or group of services. In the event of cancellation of any such services, the bundle discounts may no longer be applicable.
In the event of non-maintenance related interruptions, CMN Hosting may issue credits corresponding to the number of whole or partial days of service interruption following notification from the Customer on a pro rata basis.
Service orders may be subject to credit approval and in the event of unacceptable credit risk, CMN Hosting may require deposits, alternate pricing or payment methods and in certain circumstances interrupt some or all services or features without prior notice. Deposits will earn simple interest based on the overnight rate of the Bank that is then in effect plus 1.25%, calculated on a monthly basis based on your billing period and prorated for any partial month CMN Hosting holds the deposit. When CMN Hosting Services are cancelled or the conditions justifying the deposit no longer apply, CMN Hosting will apply the deposit and any earned interest against the outstanding Fees or other amounts you owe to CMN Hosting , then refund you the balance of the deposit, if any.

7) REMOTE SUPPORT AND MAINTENANCE
In order to provide The Service to its Customers, CMN Hosting may directly or through a third party connect remotely to Equipment such as but not limited to modems, routers, set top boxes, etc. for the purposes of adjusting configurations, updating firmware, and related general maintenance.
In addition to the above, for the purposes of correcting or analyzing service problems, CMN Hosting may seek the cooperation of The Customer to make changes to The Customer’s network or computer equipment such as, but not limited to the running of diagnostic tools and performing changes to network and operating system settings.
CMN Hosting may, without any liability, interrupt the services for technical or maintenance purposes. Where possible, CMN Hosting shall provide advance notice via electronic communications or by posting a notification on the web site under “Network Status”.

10) FORCE MAJEURE
Notwithstanding any other provisions, CMN Hosting shall not be liable for failure or interruption of its services if due to causes or events beyond its reasonable control.

11) TRANSFER OF ACCOUNT
This account shall not be assigned or transferred in any way whatsoever without the prior written consent of CMN Hosting which may be withheld at its discretion.

12) CANCELLATION OF SERVICE
Cancellation of service requests must be communicated to CMN Hosting in advance of the desired cancellation date and must specifically identify the services or features to be cancelled. Failure to do so may result in delays in processing of the cancellation. 
Early cancellations of plans with a specific term may result in a recalculation of monthly rates in exclusion of any previously applied prepayment discounts prior to the refunding of any deposits or credits due to the customer.

13) DELETION OF MESSAGES AND DATA
Upon termination of the Service, CMN Hosting is authorized to delete any files, programs, data, voicemail, E-mail or any other types of messages associated with The Service without additional notice to The Customer.

14) ACCEPTABLE USE POLICY (“AUP”)
The Customer agrees to abide by the CMN Hosting Acceptable Use Policy which is available in the Legal section of CMN Hosting site.

15) UNAUTHORIZED ACCESS
Any unauthorized modification, interfering or tampering with the equipment, including, but not limited to, demarcation points, or unauthorized use  in general, is prohibited and may constitute theft of telecommunication service under the Criminal Code.

16) VIOLATION OF THIS AGREEMENT
Use of the Service in a manner which CMN Hosting , in its sole discretion, believes violates this Agreement, may result in CMN Hosting taking any responsive actions it deems appropriate. Such actions may include, but are not limited to, temporary or permanent removal of hosted content, messages or data; and the immediate limitation, suspension or termination of all or any portion of The Service. CMN Hosting shall not have any liability for any such responsive actions.
The above described actions are not exclusive remedies of CMN Hosting and may take any other legal or technical action it deems appropriate.
CMN Hosting reserves the right to investigate suspected violations of this Agreement, including the gathering and examination of information from The Customer or Customers and the complaining party, if any. During such an investigation, CMN Hosting may suspend The Service(s) involved.

17) NO WAIVER
The failure of CMN Hosting to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

18) SEVERABILITY
If any portion of this Agreement is held invalid or unenforceable, that portion will either be severed or construed in a way consistent with applicable laws, and the remaining portions will retain their full force or effect.

19) PRIVACY POLICY
A copy of our privacy policy is available upon request, and can be viewed in the Legal section of www.cmnhosting.net site

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