Legal

Service Level Agreement (SLA)

100% Server Uptime

It's Simple: PhireFast Guarantees 100% Server and Network Uptime, 24 hours each Day. However, due to New Releases constantly being developed by our Hardware and Software Providers, Scheduled Maintenance is necessary on a regular or emergency basis for any Web Hosting Provider. PhireFast cannot be help responsible for Major Catastrophe, Severed Lines to the Data Center, Network Outages and other downtimes beyond our own control.

Technical Support

On average, users contacting our Technical Support Department receive a response within 15 minutes. Upon providing any additional details required for fixing the matter, the average time to a complete fix is less than 1 hour. Although our Technical Support is considered amongst the most satisfactory within the Web Hosting Industry, we also recognize that in the event of an Emergency, responses to Technical Support Tickets may take up to 72 hours to be sent. A such event has not occured in the past, but we recognize this issue must be addressed in the event of future emergencies.

Acceptable Use Policy (AUP)

There's nothing more important to PhireFast than preserving 100% uptime of your website. Because of this Importance, we must restrict certain types of websites from being hosted on our network. These types of websites are listed below with explainations regarding the restriction for each type. Examples of Unacceptable Content:
  • Pirated Software, Wares sites, Hack Programs/Archives: These websites host illegal copies of software. PhireFast wishes not to be associated with such websites.
  • Adult Content & Hate Sites
  • IRC Bots: IRC Bots have the potential to, and generally do, use an unimaginable amount of resources on a Shared Server.
Failure to comply with these policies may result in account suspension, account termination or being banned from our network.

Refund Policy

Clients hosting with us for 31 days or longer:

PhireFast will only refund customers hosting with us for 31 days or over in the event that we have failed at maintaining 100% server uptime as defined in our Service Level Agreement (SLA). PhireFast will refund 50% of their montly fee per hour of downtime, up to 100% of the customer's montly fee for the affected accounts.

Clients within their first 30 days:

PhireFast insists on a strict policy of customer satisfaction. Customers having enlisted services from PhireFast may request a refund within their first 30 days of placing their initial order. Exemptions from this policy include: a) Accounts suspended, terminated or banned for abusing our network or servers, b) Account holders who have failed to remit payment for their hosting services, and c) Repeat customers setting up a seperate account under the same name, address or credit card.

Definition of Downtime:

Downtime is defined as having taken place within PhireFast's control. Downtime is defined as any failure within our servers as a result of poor server management or equipment failing within a server. We can not make guarantees on factors we do not control - Network problems and outages are not applicable to our uptime guarantee.

Privacy Policy

The PhireFast Privacy Policy describes how we treat personal information when you use PhireFast's services, including information provided when you setup an estimate or meeting. In addition, the following describes our privacy practices that are specific to our work with clients.

Personal information:
  • PhireFast asks for some personal/business information upon setting up a new account on our network.
Uses:
  • PhireFast may use your information to contact you if you have requested for us to do so.
  • PhireFast will use your secondary set of information to bill you for services rendered as agreed upon in our client contract.
Information sharing:
  • We do not sell, rent or otherwise share your personal information with any third parties except in the limited circumstances described below, such as when we may be required to do so by law.
More information
PhireFast adheres to the US Safe Harbor privacy principles. For more information about the Safe Harbor framework or our registration, see the Department of Commerce's web site. For more information about our privacy practices, please contact us.

Terms Of Service (TOS) Agreement

This Web Hosting Agreement (this "Agreement") is between PhireFast, a California Corporation formed under the laws of the State of California with its principal office at 7119 W Sunset Blvd. #122, Los Angeles CA 90046, ("PhireFast") and the person (individual or legal person) whose signs PhireFast's service order and set up form (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs Customer's use of PhireFast's web hosting service.

1. Services
Subject to the terms of this Agreement, and contingent on Customer's satisfaction of PhireFast's credit approval requirements, PhireFast agrees to provide the web hosting services described in the Order for the fees stated in the Order.

2. Term
The initial service term of the Agreement shall begin on the date that PhireFast generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew unless PhireFast or Customer provides the other with written notice of non-renewal through the customer Help Desk which is located at https://www.phirefast.com/helpdesk. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."

3. Payments
(a) Fees.
Fees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall be monthly, quarter, semi-annually, annually, or bi-annually as indicated on the Order, beginning on the Service Commencement Date. PhireFast may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes PhireFast 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 PhireFast will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 7th 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 PhireFast with changes to billing information (such as credit card expiration, change in billing address) at its option, PhireFast may accrue charges to be made to a credit/debit card until such charges exceed $10.00. PhireFast may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. PhireFast 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 PhireFast's reasonable reinstatement fee following a suspension of service for non-payment, and to pay PhireFast's reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

(b) Fee Increases.
PhireFast 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 PhireFast's request Customer shall remit to PhireFast all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on PhireFast); regardless of whether PhireFast 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 PhireFast 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 PhireFast'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.

4. Law/AUP
Customer agrees to use the service in compliance with applicable law and PhireFast's Acceptable Use Policy posted at http://www.phirefast.com/legal/aup/ (the "AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that PhireFast may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of PhireFast's notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with PhireFast's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between PhireFast and Customer regarding the interpretation of the AUP, PhireFast's commercially reasonable interpretation of the AUP shall govern. 5. Customer Information
Customer represents and warrants to PhireFast that the information he, she or it has provided and will provide to PhireFast for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to PhireFast that he or she is at least 18 years of age. PhireFast may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.

6. Indemnification
Customer agrees to indemnify and hold harmless PhireFast, PhireFast's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.

7. Disclaimer of Warranties
PHIREFAST DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW PHIREFAST DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

8. Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF PHIREFAST AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

9. Suspension/Termination
(a) Suspension of Service.
Customer agrees that PhireFast may suspend services to Customer without notice and without liability if: (i) PhireFast reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) PhireFast reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay PhireFast's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

(b) Termination.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if PhireFast fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by PhireFast prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (3) days of a written notice from PhireFast describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

10. Requests for Customer Information
Customer agrees that PhireFast may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that PhireFast believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

11. Back Up Copy
PhireFast maintains a sophisticated backup system, however, it is a free service used to compliment our web hosting services and may be revoked any time. Customer agrees to maintain a current copy of all content hosted by PhireFast notwithstanding any agreement by PhireFast to provide back up services. Customer may generate and download a backup in their control panel any time.

12. Official Means Of Customer Support
PhireFast provides support to clients and prospects through our official Helpdesk system. Our live chat and phone line are courtesy services which we may discontinue at any time without notice. Clients in need of support must submit one support ticket per issue.

13. Changes to PhireFast's Network
Upgrades and other changes in PhireFast's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. PhireFast reserves the right to change its network in its commercially reasonable discretion, and PhireFast shall not be liable for any resulting harm to Customer.

14. Notices
Notices to PhireFast under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on http://www.phirefast.com/contact/. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

15. Cancelation Policy
If you wish you cancel your account, you may do so at any time. We will not issue refunds for prepaid terms. You must complete your account cancellation in your Client Portal at https://www.phirefast.com/phlame/, by selecting "My Services", "Manage Site" and "Request Cancellation." It is your responsibility to pay any outstanding invoices at the time of cancellation, as they will not be forgiven.

16. Force Majeure
PhireFast shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond PhireFast's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

17. Governing Law/Disputes
The Agreement shall be governed by the laws of the State of California, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN LOS ANGELES COUNTY, CALIFORNIA, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.

18. Miscellaneous
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on PhireFast unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without PhireFast's prior written consent. PhireFast's approval for assignment is contingent on the assignee meeting PhireFast's credit approval criteria. PhireFast may assign the Agreement in whole or in part.

This Agreement together with the Order and Acceptable Use Policy constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.

19. Policy change
PhireFast reserves the right to make changes to our Terms of Service Agreement at any time without any notification. Changes to our Terms of Service Agreement, Service Level Agreement, Acceptable Usage Policy, Refund Policy and Privacy Policy take effect immediately upon being posted on our website.