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Terms and Services

Term. This Agreement shall be for an "Initial Term", which shall be effective as of the date first written above and shall continue for a specified term and shall continue month to month from that point unless Customer or Max Intelligence notifies the other party in writing thirty (30) days in advance of the termination of the current one (1) Month period. You must provide Max Intelligence with your notice of termination in writing via facsimile. Upon canceling service, you will be asked to provide Max Intelligence with sufficient customer identification information so that Max Intelligence may properly identify you and your account. Any notice of termination will be effective upon receipt of the cancellation fax.

Termination Policy - Shared and Virtual Services. If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) Max Intelligence will refund to you any fees paid in advance of such termination and (b) the refunded amount shall be equal to the discounted amount of the remainder of whole months remaining in the billing cycle, less the plan period discount applicable to the whole number of months in which service has already been provided. Notwithstanding the foregoing, if you terminate your receipt of Hosting Services prior to the end of the first thirty (30) days of the Initial Term, you are entitled to a refund of the fees you paid in advance for the monthly Services, not including any set-up fees. Your termination request or notice must be submitted to MaximumASP in the manner described in Section

Termination Policy - Dedicated Services. Termination of dedicated services is not permitted prior to the end of the Initial Term of the contract. If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term you are responsible for all fees and amounts due for the remainder of the Initial or Renewal Term. Your termination request or notice must be submitted to MaximumASP in the manner described in Section

Default and Cure. In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under this Agreement, and such default is not cured within fifteen (15) days after written notice is given to the defaulting party specifying the default, then the party not in default, after given written notice thereof to the defaulting party, may terminate this Agreement.

Payment. All charges for Services must be paid in advance according to the then current prices applicable to the Services. Upon entering this Agreement, you choose to pay by direct charge to a credit or debit card and receive a receipt for each transaction processed by Max Intelligence. If you choose to pay by credit or debit card upon registering for the Services, you thereby authorize Max Intelligence to charge your credit or debit card to pay for any charges that may apply to your account. You agree that Max Intelligence may accumulate any supplemental charges, incurred by you in your use of the Services ("Supplemental Charges") until such charges exceed $10 and then charge your account. You must notify Max Intelligence of any charges to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Max Intelligence from charging your account. If you fail to pay any fees and taxes within seven (7) days from applicable due date on credit card payments, the Customer account shall be put into a suspension period of an additional seven (7) days. During this time Customer access to the services will be restricted. If during this seven (7) day suspension period, Customer provides valid payment information and pays the balance due in-full, service will be reinstated upon the processing of the new payment information. In addition, your failure to fully pay any fees and taxes within fourteen (14) days after the applicable due date will be deemed a material breach of this Agreement, justifying Max Intelligence's suspension of its performance of the Services and/or termination of this Agreement. You are responsible for any fees associated with reinstatement of Services. Any such suspension or termination would not relieve you from paying past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees.

 

 

     
 
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