Terms of Service Overview

This legally binding contract (the “Agreement”) is by and between Siphoncloud.com(“Siphon”), and you and your assigns, employees, agents or contractors (“You”, “Your”, the “Client”) and is effective as of the date you purchase dedicated hosting services from Siphon. This Agreement sets forth the terms and conditions of Your use of Siphon’s Dedicated Server services (collectively, the “Services”) and represents the entire agreement between You and Siphon relating to the Services. This Agreement contains provisions that set forth Siphon’s Acceptable Use Policy, Privacy Policy and guarantees of a certain service level (found in the “Uptime Guarantee” and “Service Level” sections below).

By purchasing the Services, You acknowledge and agree that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that Siphon may establish and post on its website from time to time.

Description of Services

Siphon provides the Services to its customers for a monthly fee. Siphon will provide You an account on its platform, provided, however, You abide by the terms and conditions set forth in this Agreement and in any other agreement pertaining to other services you may purchase. Siphon reserves the right to modify its network and facilities used to provide the Services for purposes including, but not limited to, accommodating evolving technology and increased network demand, and providing enhanced services. Siphon shall use reasonable efforts to notify You in advance of any planned changes to Siphon’s network or facilities that may adversely affect the Services provided under this Agreement.

Fees

Fees for Services ordered by You shall be charged beginning on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
From time to time it may be necessary to make adjustments in the fees and surcharges charged for the Services in order to cover certain changing costs (e.g., power) incurred by Siphon in providing the services. Such adjustments will be reflected on the statement or invoice provided to you for the Services, and you agree to pay for the fees and surcharges for the Services, as adjusted.

Payment Options

Siphon provides several options for payment:
– Credit Card on File. When you place a credit card on file with Siphon, we will, typically, bill the card a few days before your invoice is due. If the credit card charge is expired, not authorized or declined by our processing company, we will notify you via E-mail. We request that you update your card promptly. If your invoice becomes more than 1-day past due (from the invoice Due Date) then Siphon reserves the right to suspend service or terminate service after 1 day past due until payment is received.

– PayPal payments. In the event Your invoice is 1-day or more past due (from the invoice Due Date) then Siphon reserves the right to suspend service or terminate service after 1 day past due until payment is received.

– Bitcoin payments. In the event Your invoice is 1-day or more past due (from the invoice Due Date) then Siphon reserves the right to suspend service or terminate service after 1 day past due until payment is received.

Late Payment

Siphon reserves the right to charge a late fee of 10% or $50.00, whichever is greater, per invoice per month on late payments. Invoices will be automatically considered late once the invoice due date has passed.

Non-payment Termination

In the event you fail to pay your invoice within 1 day of the due date, we reserve the right to terminate your service entirely and reformat your server or account. If you are terminated for non-payment, we also reserve the right to refer your account to a third party collection agency and you agree to pay any collection fees or legal fees we may be charged to collect on your debt.

Overage Billing

“Overage” is defined as usage of the Services provided by Siphon to You in excess of the allocated limitation. Overages are charged for Visits and Professional Services (administrative time) used in excess of the amount allocated to Your account. You agree to pay the then-current Overage fees and charges for the Siphon services upon receipt of an invoice. Overage rates are set and published on our website at http://www.siphoncloud.com/. Usage information is also available by contacting support. Overage fees can be avoided by subscribing to a higher service plan.

Cancellation and Refunds

Siphon is not able to schedule cancellation for a specific time or date. To submit a cancellation request, please visit http://www.siphoncloud.com/dashboard log in to your account and follow the on-screen instructions. When you request cancellation, we will follow this process: We will first contact you to confirm the cancellation and verify that you are authorized under your account to cancel it. Then, we will immediately suspend billing and cancel the server. We are not able to provide scheduled cancellations and all cancellations are effective immediately. Regarding mid-month or mid-period cancellations, Siphon will not issue pro-rated refunds for cancellations received in the middle of a payment cycle.
Refunds will not be given on a pro-rated basis for Services provided in a given billing period. Receipt by you of any Services in a given period will obligate you to pay for the Services during that entire billing period.

Term and Termination and Money Back Guarantee

You agree to a month to month term for the Services unless otherwise agreed to in writing. The month to month term for services is automatically renewed each month unless either party notifies the other in writing of its desire that the Agreement not be renewed, no later than three (3) days before the next upcoming anniversary date for billing. You may cancel Your account by terminating this Agreement in this manner by contacting the Siphon billing department. Siphon may terminate this Agreement effective immediately and without notice upon any breach by You of any of the terms of this Agreement. In such event, Siphon shall have no obligation to refund any fees paid in advance by You.
At this time, Siphon does not offer a refund-based MBG of any kind on dedicated servers. Siphon does offer a refund-based MBG on shared and reseller hosting packages within the first thirty (30) days. Siphon also offers a refund-based MBG on VPS and Minecraft hosting packages within the fourteen (14) days. All refunds do not include license and other third party fees incurred. To receive a refund please open a support ticket at http://www.siphoncloud.com/dashboard requesting a refund by specifying payment method, payment amount, and purchased service no later than the anniversary date of the original order.

Chargebacks and Payment Disputes

Under this Terms of Service agreement you must first contact Siphon to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question. By using our services You agree to the above policy and to contact Siphon before contacting your financial institution to seek a resolution. In the event you dispute charges contrary to this agreement, we reserve the right to add a $150 collection chargeback fee and to refer your account or sell your debt to a third party collection agency. We also reserve the right to take further legal action against you.

– PayPal disputes: In the event that you open a PayPal dispute we reserve the right to suspend your service until the dispute is either resolved or closed.

Promotional or Special Offers: Pre-payment Offers

From time to time, Siphon may offer discounted pricing for initial introductory periods (e.g., discounted fees for the first months service.) A condition of such discounted pricing may be the requirement that prepayment for a period longer than the introductory period be paid. For example, the first month’s service may be offered for a discount, with the standard pricing going into effect during the second month, with a quarterly prepayment being required. Promotional offers are non-refundable.

Promotional or Special Offers: Other Types of Offers

From time to time, Siphon may offer promotional or special offers as sales incentives. These offers may be comprised of discounts, free time, free services, discounted services, trial offer periods and other types of offers. Such offers cannot be combined with other offers unless otherwise stated and are one-time use offers. One offer per client only. Offers are valid only where they are permitted by law. Offers are void where prohibited. Some offers (example: “Three Months Free Load Balancing Service”) require You, the Client, to contact Siphon prior to the expiration of the trial period in order to avoid being re-billed. Offers which provide a discounted monthly rate for a specified period of time will reset automatically to the full monthly rate once the promotional period has passed and You, the Client, agree to pay, in full, the full monthly rate, unless You cancel in advance.

Tortuous Conduct

Any abuse towards any Siphon employee will not be tolerated. You are expected to request and respond to support and other issues in a polite and professional manner, when emailing, calling or submitting online tickets to Siphon. Any cursing, yelling, or further intentional disruptive behavior aimed at Siphon or its employees shall be considered a violation of this Terms of Service agreement. Any threat; whether orally, verbally, in written, via E-mail, via Live Chat, delivered by second parties or delivered in any other way, and directed towards Siphon or any of Siphon’s employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of this Terms of Service agreement. Threats of physical violence will be directed to the proper authorities. No refunds shall be given when the above Tortuous Conduct clause is in violation and necessitates the termination of an account or services.