Use of Total Online Solutions Service constitutes acceptance and
agreement to Total Online Solutions AUP (Acceptable Use Policy)
as well as Total Online Solutions TOS (Terms of Service). From herewith
in this TOS, AUP, and , the usage of "us", "we", "our", and "ours"
shall constitute reference to Total Online Solutions, and the usage
of "you", "your", "they", and "them" shall refer to client / customer
of Total Online Solutions.
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 contract, and
receipt of such order by Total Online Solutions, that you are agreeing
to our TOS, AUP, and SLA. No modifications of said contract by customer
2. Total Online Solutions 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 he/she is 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
3. In connection with any Hosting Services, if Customer's actual
bandwidth usage in any month exceeds allotted amount, specified
in Customer's contract, Customer will pay Total Online Solutions
any additional fees as specified in the Service Description. If
you do not pay, Total Online Solutions will suspend your account
until payment is received.
Establishment of this service is contingent upon receipt of payment
from Customer to Total Online Solutions. Subsequent payments are
due on the anniversary date of the term selected for that term's
service, unless customer requests all payments to be consolidated
to one specific billing date. Any additional services relative to
a primary hosting account will be prorated to the primary hosting
account's recurring billing date, along the following guidelines
of prorating methodology: (total monthly fees/ 30) * number of days
to monthly recurring billing cycle. Any setup fees will be charged
full setup fee pricing, and are applied at time of initial request
of such services.
Payments and Fees:
Payment is due on the defined monthly or selected term recurring
billing date of each month or selected term. Total Online Solutions,
Inc. retains the right to auto charge client's credit card on file
on each hosting term due date. Credit cards that are declined for
any reason are subject to a $10.00 declination fee. Service will
be interrupted on accounts that reach 10 days past due. Service
interrupted for non-payment is subject to a $25.00 reconnect charge.
Accounts not paid by due date are subject to a $5.00 late fee.
Total Online Solutions 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.
All requests for cancelling any service / services must be made
in writing via the helpdesk with at least 10 days notice but not more than 60 days
notice prior to your renew date. Confirmation of cancellation will be made within 24 hours.
Refunds and Disputes:
All payments to Total Online Solutions are non-refundable after
Customer's money-back guarantee period. (Customer's 30 day money-back
guarantee period includes customer's first hosting order with Total
Online Solutions, Inc. Subsequent hosting orders will not be covered
by our money-back guarantee.) This includes any setup fees and monthly
fees, regardless of usage. All billing disputes must be reported
via the support department (helpdesk) within 30 days of the time
the dispute occurred. Disputed charges to your credit card issuer,
also known as chargebacks, under the terms and conditions of our
SLA, AUP, and TOS, will result in service interruption, as well
as reconnection fees to restore the desired service.
Network uptime is the total time in a calendar month that Total Online
Solutions network is available through the Internet, provided that
Client has established connectivity. Total Online Solutions takes
responsibility for network availability within our network, however,
we cannot be held liable for upstream problems (problems outside
of our network.) Our guarantee is that our Network will be available
to clients free of network outages for 99.5% of each calendar month.
Unscheduled downtime is any unplanned or unscheduled interruption
in Service availability during which Client is unable to access
the services as described in the section titled "Network Uptime"
above. A network outage is defined as a period in which 100% packet
loss to our network is experienced, which is determined to have
been caused by a problem in Total Online Solutions Network as confirmed
by Total Online Solutions. Downtime or outages are measured as the
total length of time of the unplanned interruption in service availability
in a calendar month. Our
99.5% network uptime guarantee does not cover web/database server
hardware or software failures, scheduled maintenance downtime, or
other exceptions as listed below.
Scheduled Downtime is any scheduled interruption of Services, either
for the purpose of network upgrades, or for the replacement of any
equipment in order to provide for you better service. Scheduled
downtime occurs during notified downtime periods, with as much advance
warning as possible via e-mail. A minimum of 24 hours' notice will
You may apply for a SLA Network Violation Credit when our network
uptime guarantee is not met. Total Online Solutions will refund
you 5% of your monthly fee for each hour of downtime (up to 100%
of your monthly fee) for network downtime. Network downtime is measured
from the time the network is 100% unreachable until service is once
again restored. In order to request a network violation credit,
you must email our sales department at email@example.com.
will be reviewed by our personnel Monday - Friday 9AM to 5PM EST.
Performance Credit exclusions: The following are excluded from the
monthly calculation of Service Availability:
- Scheduled maintenance
- Server Operating
System (including all software that is part of the OS) bugs or
failures realted to Operating System design
- Cpanel/WHM bugs
or failures related to Cpanel software design
- Problems outside
of Total Online Solutions network (upstream providers, or client's
inbound connection) not affecting 100% loss to our network
- Interruptions or
failure of individual service caused by client, their employees,
client's customers, etc. to their service. These include inaccurate
configuration, third-party software, client abuse or over-utilization
of resources, hacked servers, attacks, exploits, or server hardware