(a) Fees
Fees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall be monthly, semi-annual, annually, or biennually as indicated on the Order, beginning on the Service Commencement Date. BAYANHOSTING.COM may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing or through Paypal's Subscription Service, Customer authorizes BAYANHOSTING.COM to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise BAYANHOSTING.COM will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1 st day of each billing cycle, and the fees shall be due on the 14 th day following invoice date, but in no event earlier than the first day of each billing cycle.
Payments must be made in United States dollars. Customer is responsible for providing BAYANHOSTING.COM with changes to billing information (such as credit card expiration, change in billing address.) At its option, BAYANHOSTING.COM may accrue charges to be made to a credit/debit card until such charges exceed $10.00. BAYANHOSTING.COM may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. BAYANHOSTING.COM may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay BAYANHOSTING.COM's reasonable reinstatement fee of $10.00 following a suspension of service for non-payment, and to pay BAYANHOSTING.COM's reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
(b) Fee Increases
BAYANHOSTING.COM may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
(c) Taxes
At BAYANHOSTING.COM's request Customer shall remit to BAYANHOSTING.COM all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on BAYANHOSTING.COM), regardless of whether BAYANHOSTING.COM fails to collect the tax at the time the related services are provided.
(d) Early Termination
Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event BAYANHOSTING.COM terminates the Agreement for Customer's breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for BAYANHOSTING.COM's breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
(e) 30 Day Money Back Guarantee
All shared and reseller hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration/transfers; items and services ordered such as, but not limited to, SSL Certificate, SSL Certificate Installation and overage fees.
(f) Performance and Uptime Guarantee
All shared and reseller hosting plans are guaranteed that the network will be available 99.6% of the time in a given calendar month, excluding scheduled maintenance and circumstances beyond our control (i.e. down routers, faulty hardware, DoS attacks, web site configuration issues, mis-configured customer scripts and applications, etc.) or a downtime of 175.10 minutes calculated as follows:
365 days per year divided by 12 months in a year = 30.4 days per month
60 minutes in an hour, 24 hours in a day or 1440 minutes in one day
30.4 days per month times 1440 minutes is 43776 minutes
0.4% of 43776 minutes is 175.10 minutes or 2.92 hours a month
This guarantee applies to the network connectivity and server uptime, but does not apply to Section 14 below. Both shared and reseller hosting customers' SLA does not cover any load issues caused by illegal or mis-configured customer software running on the server. Connectivity is measured as the ability of the server to transmit and receive data, that means if MySQL is down but your website is still working and/or your email is working there is no downtime. Downtime is complete website inaccessibility.
Uptime guarantees only apply to shared / reseller accounts. Cloud and Dedicated Servers are covered by a network guarantee. Downtime due to anything other than the network being down is not covered by this guarantee.
To be eligible for this SLA, your account must be in good standing. To have your account credited under the SLA a trouble ticket must be submitted and verified, you must provide third party documentation verifying the downtime. All requests for credit should be made to the billing department with a trouble ticket number referenced by the 3rd of the following month. All hosting customers of BAYANHOSTING.COM automatically qualifies to participate in this SLA.
(g) Refund Policy
Refunds may be availed of only in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days. Customers who are in violation of any provisions of this Agreement are not entitled to this Refund Policy.