FileGizmo
UNIVERSAL TERMS OF SERVICE AGREEMENT
Last Revised: 7 April 2017

PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between FileGizmo.com, LLC, a Delaware limited liability company (“FileGizmo”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance.  This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.

Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference:

Agreements

Payment, Renewal, CancellationsPayment Obligations:

Full payment is required in advance before hosting service is established. FileGizmo sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice.As the payment gateway charges the transactions in EUROS, do note that there might be a slight difference in the charged price if your Credit Card is another currency.You warrant and represent that the information you supply in the Order Form (or other information that FileGizmo may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client.s responsibility to ensure that payment is made to FileGizmoprior to the renewal date and although FileGizmo sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying FileGizmo, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal.

Renewals:Your hosting service(s) will be renewed only upon payment of the issued invoice(s). Domain name(s) renewal reminder notifications will be sent around the respective domain(s) expiry period and will not be auto renewed. Upon no domain name renewal action from you as a registrant, your domain(s) shall expire and subsequently purge as per the respective TLD policies.. For accounts who used a coupon upon their initial purchase to reduce the cost of signing up with FileGizmo those coupons are good for only the initial purchase and initial activation of the customers’ account and the coupon is not applied to the renewal of their customer account.

Late Fees:Clients have the option to pay an invoice at any time by logging into their FileGizmo account and submitting a payment. A hosting invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than four days (the grace period), the account is automatically suspended. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus must be submitted to FileGizmo .

Cancellation & Refunds:Should you want to cancel domain name within the first 3 days of your domain registration, FileGizmo will refund your full domain registration fee minus the credit card processing fee. Refunds are not available for customers after 3 days of domain registration. You may however cancel your account at any time. You may need to contact customer service and verify information before cancellation takes place. Customer are requested to submit a ticket requesting canceling the domain name.In addition refunds are not available for additional services which you may purchase at FileGizmo for instance hosting service , or a dedicated IP which we may setup for a client for a charge is not refundable.Web site files are the responsibility of the FileGizmo customer and should a FileGizmo customer decide to cancel their service it is the customer’s responsibility to make sure that they have backed up & downloaded the web site files and any emails from the FileGizmo server prior to requesting that FileGizmo cancels their account. Once the cancelation request has been submitted to FileGizmo a cancelattion of the web site hosting service may occur anytime after the request is received by FileGizmo and when a cancelation request is completed the client’s hosting account with FileGizmo and their web site files are permenantly removed from the FileGizmo servers. Therefore again it is the client’s obligation to ensure that they have downloaded their web site files and any emails from the server prior to their cancelation request.

 

 

Dispute resolution:
The DA currently has in place a dispute resolution policy called DRP (the Dispute Resolution Policy) between the Registrant and a third party, in relation to entitlements to the Registered Domain Name the subject of this Agreement. The parties agree that the DRP binds the Registrar and the Registrant as if it were incorporated in the Registrant Agreement.

Registrant Warranties
The Registrant Warrants that it meets, and continues to meet, the Eligibility criteria prescribed in the .DA Policies relating to the Registering of a Domain Name. In the event that the Registrant ceases to meet such Eligibility criteria, the Domain Name Licence may be terminated by either the Registrar or the.DA.

The Registrant makes the warranties set out in Registrant Warranties Policy (and any other Policy introduced in substitution, replacement or amendment to that Policy by the Registrar). The warranties include, without limitation, that all information supplied to the Registrar for the Registration of the Domain Name the subject of this Agreement is true, complete and correct. The Registrant accepts that the DA or the Registrar shall cancel the Registration of the Domain Name the subject of this Rgreement if any of the warranties are not true.

The Registrant Warrants that it has not previously submitted a Domain Name which is the same as the Domain Name the subject of this Agreement for Registration with another Registrar where:

the Registrant is relying upon the same Eligibility criteria for both Domain Names; and

the Domain Name has previously been rejected by the other Registrar.

 

Liability
The Registrant shall not pursue any claim against the DA for anything arising out of this Agreement or related to the Domain name the subject of this agreement, and the DA is not liable for any direct, indirect, special, punitive, exemplary or consequential damages, including but not limited to damages resulting from loss of use, lost profits, lost business revenue or third party damages arising from any breach by the Registrar of its obligations under the Registrant Agreement or the Registry-Registrar Agreement (RRA) between the DA and the Registrar.

The Registrant acknowledges and agrees that if the Registrar has any outstanding fees owing to the DA, entitling the DA to terminate the Registry-Registrar Agreement (RRA) between the DA and the Registrar, the DA may in its sole discretion terminate the Registry-Registrar Agreement (RRA).

The Registrant agrees that the DA is not responsible for the use of any Domain Name in the Registry database and that the DA is not responsible in any way for any conflict or dispute with or any actual or threatened claim against a Registrar or Registrant, including one relating to a registered or unregistered trademark, a corporate, business or other trade name, rights relating to a name or other identifying indicia or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.

Notwithstanding any other provision of this Agreement and to the fullest extent permitted by law, the DA will not be liable to the Registrant for consequential, indirect or special losses or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by the Registrant as a result of any act or omission whatsoever of the DA, its employees, agents or subcontractors.