Terms Of Service (TOS)

All Terms and Conditions of this TOS (Terms of Service), AUP (Acceptable Use Policy) and Billing Policy may be modified at our sole discretion without prior notice. Changes to this TOS do not constitute grounds for early contract termination or non-payment. Please check back regularly for any updates.

These terms are also fully enforced next to your term contract, which must be agreed to before services are rendered.

Use of E Pear’s Services constitutes acceptance and agreement to E Pears’s AUP (Acceptable Use Policy) as well as E Pear’s TOS (Terms of Service). In this TOS and AUP the usage of “us”, “we”, “our”, “ours” shall constitute reference to E Pear, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of E Pear.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written or verbal contract, upon  receipt of such order by E Pear, or by paying an invoice for services, that you are agreeing to our Terms of Service (TOS) and the Acceptable Use Policy (AUP). No modifications of said contract by customer is allowed.

2. E Pear reserves the right to change fees and services specifications, including disk quotas and bandwidth allowances, at any time, pursuant to notifying you of the changes that will apply the following month.

3. E Pear will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

4. In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s contract, Customer's account will be suspended until the first of the following month unless user chooses to pay E Pear any additional fees as specified in the Service Description.

5. E Pear is not responsible for lost revenue, traffic or data caused by server downtime or failure, domain name transfers, or any other error - mechanical or human.

Payment:
Establishment of this service is contingent upon receipt of payment from Customer to E Pear. Subsequent payments are due on the anniversary date of each month. Any set-up fees will be charged full set-up fee pricing, and are applied at time of initial request of such services.

Payments and Fees:
Invoices are sent on the anniversary date and due no more than 3 days of receipt. You are required to login into the Account Management System to make your invoice payments when due. Invoices that are not collectable by E Pear will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay E Pear a “Processing and Collection” Fee of not less than One Hundred, Fifty($150.00) nor more than One Thousand dollars ($1000.00).

Delinquent Accounts:
E Pear may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Refunds and Disputes:

All payments to E Pear are non-refundable. This includes any set-up fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in E Pear’s discretion which are valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.

Limited Liability
E Pear shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with E Pear services, including but not limited to damages for lost profits, loss of use, lost data, down time, loss of privacy, damages to third party even if E Pear has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise.

Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.

In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

E Pear will not censor any content on the INTERNET. It will be the CLIENT's responsibility for the usage of his account and any consequences of this usage.

Disclaimer:
E Pear cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by E Pear are resold. Thus, certain equipment, routing, software, and programming used by E Pear are not directly owned or written by E Pear. Moreover, E Pear holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advance notice, for any reason, without restitution as E Pear sees fit.

This agreement shall be governed by the laws of Australia. Any action in regard to this agreement or arising out of its terms and conditions shall be instituted and litigated in NSW, Australia. Each of the parties consents to jurisdiction in such Court and agrees that service of process as provided by the province and rules of civil procedures of NSW, Australia shall be sufficient.