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This Service Agreement (“Agreement”) is a legal agreement between Jordan Solutions, Inc. (“Jordan Solutions”, “JSI”, “our”, “us”, or “we”) and the entity or person (“you”, “your”, or “user”) who registered with us (“Account”) to receive certain infrastructure, data, technology and analytics services, and other business services that may be offered by Jordan Solutions and its affiliates (each, a “Service”). This Agreement describes the terms and conditions that apply to your use of the Services.
By entering this Agreement, you are representing that you are legally able to enter into a binding agreement. If you using the Services on behalf of an organization, you represent and agree that (a) you are agreeing to this Agreement on behalf of such organization, (b) you are authorized to bind that organization to this Agreement.
If you do not understand any of the terms of this Agreement, please contact us before using the Services.
You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement.
By using our services, you also agree to the following policies, which are an extension of the present agreement:
Acceptable Use Policy: Your use of the Service is governed by our Acceptable Use Policy. Jordan Solutions may choose to limit, suspend, terminate, or otherwise modify a customer’s Service if we determine it to be in violation of the Agreement or our Acceptable Use Policy.
Jurisdiction: The Services are controlled and/or operated by Jordan Solutions from the United States and is not intended to subject us to the laws or jurisdiction of any jurisdiction other than that of the United States. The Services may not be appropriate or available for use in some jurisdictions outside of the United States. If you access or use the Services, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Service’s availability, in whole or in part, to any person, entity, organization, geographic area or jurisdiction we choose, at any time and at our sole discretion.
Account Use and Ownership: You are responsible for the security of your Account. In the event of any partnership break-up, divorce or other legal problems that includes you, you understand that Jordan Solutions will remain neutral and may put the Account on hold until the situation has been resolved. Under no circumstances will Jordan Solutions be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless Jordan Solutions from any and all claims arising from such ownership disputes.
Storage and Security: At all times, you shall bear full risk of loss and damage of your server and all of your server content. You are entirely responsible for maintaining the confidentiality of your Account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your Account or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to your server content; (ii) maintain independent archival and backup copies of your server content; (iii) ensure the security, confidentiality and integrity of your server content transmitted through or stored on our servers; and (iv) ensure the security of your Account. Our Service is not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The services offered by Jordan Solutions are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Jordan Solutions shall have no liability to you or any other person for your use of our products and/or services in violation of these terms.
Unmanaged Services: You agree and accept that unless otherwise explicitly noted all services provided by Jordan Solutions are considered “unmanaged” and Jordan Solutions is under no obligation to assist you with operating system, software, or other configuration or maintenance tasks beyond ensuring that the customer’s basic services (IE: ‘server’) is accessible and running. We may opt to provide one off or recurring maintenance services for additional fees at our discretion.
Managed Services: Managed services are defined as services or products offered to a customer which are maintained, updated, secured or otherwise cared for by our staff or employees. We reserve the right, as a part of offering Managed services to refuse to grant or otherwise restrict, revoke, disable or modify customer access, permissions, logins, or root access to any part of the service at any time for any reason, change, modify, add, or remove software, settings, configurations, or other items with or without notifying the customer at any time for any reason, and/or perform any other tasks not listed above on the service at our discretion. All software for which support is desired should be setup and maintained in line with the recommendations of the vendor. Failure to follow vendor recommended specifications or other published requirements may inhibit our ability to support the Service. It shall be up to Jordan Solutions to determine what services it terms as managed and what is considered unmanaged. Should the actions of a customer using a managed service result in an issue which burdens our staff in having to repair the issue, we reserve the right to charge up to $75 (USD) an hour for our technician’s time, in 15-minute increments. It shall be up to the managing team member of Jordan Solutions to determine when and why technician time fees apply in addition to any regular managed service fees.
Abuse of Services: We reserve the right to actively monitor our Services using any methodology or technology we deem fit to ensure that they are not being abused. Should abuse be detected, abuse being defined as services being used in any manner in violation of this agreement, our Acceptable Use Policy, or in any action determined to be abusive in nature at our sole discretion, Jordan Solutions may choose to limit, suspend, terminate, or otherwise modify a customer’s Service. Detailed definitions of what constitutes abuse and associated procedures are found in our Acceptable Use Policy.
Support Services and Customer Conduct: We agree to support your Account as a customer to the best of our abilities within the terms outlined in the Agreement and we expect you to conduct yourself in an appropriate manner. Verbal or written abuse, including but not limited to (i) Swearing, cussing, use of profanity, aggressiveness or (ii) use of all capital letters in an effort to shout or intimidate any Jordan Solutions representative, agent, or employee will result in a warning and termination of the communication by the representative. It shall be up to the sole discretion of Jordan Solutions to determine abuse behavior. Failure to cease any abuse may result in punitive measures up to and including account termination.
Do No Harm: You agree not to harm Jordan Solutions, our reputation, computer systems, programming and/or other persons using the Services. A failure by you to agree to and comply with the terms of this provision may result in the termination of the services provided to you without any refunds of the unused prepaid portion of service fees.
Payments: You agree to pay Jordan Solutions at the time you order. You acknowledge that the nature of the Service furnished and the rates and charges have been communicated to you. All fees are due immediately and are non-refundable, even if your services are suspended, terminated, or transferred prior to the end of the term of service. We expressly reserve the right to modify pricing through email notification and/or notice on our website.
Billing: For recurring payments, your billing renewal date will be determined based on the day of the month you originally purchased the products or services. All of our hosting services are billed recurrently for an indefinite period of time unless explicitly noted as a one-time fee, and will continue to be billed until the product or service is formally canceled. If for any reason we are unable to charge your account for the full amount owed, or if we are charged a penalty for any fee previously charged to you, you agree that we may pursue all available remedies in order to obtain payment. You agree that the remedies we may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice of any Service provided to you. We reserve the right to charge a reasonable administrative fee for administrative tasks outside the scope of our regular services. We are not responsible for cancelling recurring PayPal or other payment service subscriptions created by the customer. Should the customer fail to cancel a subscription it shall be non-refundable. Recurring payments made after account cancellation may be placed as service/account credit to be used for future services, at the sole discretion of Jordan Solutions.
Balance: Any Account balance purchase or balance applied to your account is final, non-refundable and non-transferable. The balance in your Account is not cash and can not be withdrawn once deposited. Payments will be deducted from your Account balance before we charge any other payment method on file.
Account Cancellation: You agree that you will be responsible for notifying Jordan Solutions should you desire to terminate your use of our Services. Notification of your intent to terminate must be provided to Jordan Solutions no later than three days prior to your billing date. Unless an explicit confirmation is sent by Jordan Solutions confirming the cancellation of the service, the account shall still be considered active. Any account will be liable to the pre-agreed monthly charges until we confirm the cancellation request as sent by you. Once an account cancellation request is received and we process the request as per the account holders consent, the agreement between you and Jordan Solutions is officially terminated. We reserve the right to remove your Account at any time thereafter. It is your responsibility to make sure that you and your respective clients have access to all their files and relevant data before initiating the cancellation request. We shall not be responsible for any loss of data once the account’s recurring billing subscription has been cancelled.
Fraud Prevention: Jordan Solutions reserves the right to screen all orders for potential fraud or abuse. Should an order become flagged by any automated system as fraud or abuse it shall be the customer’s responsibility to contact Jordan Solutions to resolve the issue. Jordan Solutions shall be in no way liable for orders which are delayed because of fraud/abuse prevention. Jordan Solutions reserves the exclusive right to deny an order or purchase at any time, including suspending or revoking a purchase or order after it has been delivered, should Jordan Solutions believe that the order is fraudulent or dangerous to its Services.
No Agency Relationship: Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
Limitation of Liability; Waiver and Release: The services offered by Jordan Solutions are being provided on an “as is” basis and we expressly disclaim any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Jordan Solutions expressly does not warrant that our products and/or services will meet your requirements, function as intended, or that the use of the provided services will be uninterrupted or error free. In no event shall Jordan Solutions be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the services, even if Jordan Solutions is aware of or has been advised of the possibility of such damages. Your recovery from Jordan Solutions for any and all claims arising out of the purchase or use of our Services shall not exceed the price paid for the Service irrespective of the nature of the claim, whether in contract, tort, warranty, or otherwise.
Force Majeure: We are not liable for failure to fulfill our obligations due to causes beyond our reasonable control including acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, acts or omissions of other parties, acts or omissions of civil or military authority, changes in law, material shortages, fire, floods, epidemics, quarantine restrictions, acts of terrorism, or delays in transportation or inability to obtain labor or materials through its regular sources, which shall be considered as an event of force majeure excusing us from performance and barring remedies for non-performance. In an event of force majeure condition, our time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting us to any liability or penalty.
Assignment: Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this agreement, whether by attachment, levy, garnishment or otherwise, renders this agreement voidable at our option.
Transfer of rights: We reserve the right to transfer or assign our interests in this Agreement in whole or in part.
Indemnification. You for yourself and all of your heirs, personal representatives, predecessors, successors and assigns, hereby fully releases, remises, and forever discharges Jordan Solutions and all affiliates of Jordan Solutions, and all officers, agents, employees, and representatives of Jordan Solutions, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the products and services and your acquisition and use thereof, including, but not limited to, the provision of the products and/or services by Jordan Solutions and its agents and employees. Further, you agree to defend, indemnify and hold Jordan Solutions harmless from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by you, or any allegation that your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets. This indemnification is in addition to any indemnification required of you elsewhere.
Arbitration and class action waiver: Any controversy or claim arising out of correlating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree to litigate only in your individual capacity and not as part of a class mass action or in another collective capacity.
Enforceability. In the event that any provision of this agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Headings: The section headings appearing in this agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.