Terms of Service Agreement

Please read and agree to our Terms of Service (TOS) before using our services. We reserve the right to modify this agreement without prior notice

01. Service

  • The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month’s billing cycle. You agree that until and unless you notify Simcentric of your desire to cancel any or all service(s) received, those service(s) will be billed on a recurring basis.
  • Service will be activated immediately once the payment has been received. For more information, please contact our billing or customer service department.
  • Each party shall be responsible for the payment of its own tax liability arising from this transaction.

02. Payment and Billing

  • We offer prepaid plans for all services.
  • Customer will pay Simcentric the fees for the services as set forth in the Order Form.
  • Simcentric may increase the Service Fees (i) in the manner permitted in the service description and (ii) at any time or after the expiration of the subscription.
  • If the check is returned due to insufficient funds, there will be a minimum charge of USD$32 for all returned checks.
  • There will be a minimum charge of USD$32 for all credit card chargebacks.
  • Customers are responsible to pay the transaction fees for Telegraphic Transfer. Transaction fees will be accumulated the next time you make a payment; that is if billed to Simcentric.

03. Transfers

  • We do not make any guarantees regarding the availability, possibility, or time required to complete an account migration.
  • In no event shall Simcentric be held liable for any lost files, data, folders, or programs.
  • You are solely responsible for backing up and archiving your files and data in all circumstances.

04. Resource Usage

  • Use 5% or more of system resources (this includes CPU and memory) for longer than 60 seconds. There are numerous activities that could cause such problems; these include CGI scripts, FTP, PHP, HTTP, etc. If this clause is breached it will trigger an auto kill failsafe mechanism on the server which will auto suspend the violating account.
  • Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any all daemons, such as IRCD.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client.
  • Participate in any peer-to-peer file sharing. (Audio and video streaming are strictly prohibited on our network.)
  • Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.
  • Run cron jobs with intervals of less than 15 minutes.

05. Server Abuse

Any attempts to undermine or cause harm to the Simcentric server(s) or customer(s) of Simcentric is strictly prohibited including, but not limited to:
  • Logging into an account or server you are not authorized to access.
  • Accessing data or taking any action to obtain services not intended for you or your use.
  • Attempting to probe, scan or test the vulnerability of any system, subsystem or network.
  • Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization.
  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System.
  • Interfering with, intercepting or expropriating any system, data or information.
  • Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding”, “mailbombing”, or “crashing” any computer system.
  • Simcentric makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

06. Backups

  • Each client is expected and encouraged to maintain backup copies of their own data. Simcentric does not provide or keep records and copies of our client’s website files, emails. Simcentric is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.

07. Reselling

  • Simcentric does not allow reselling on shared hosting plans.
  • We perform an automated backup on a daily basis. In any case of a catastrophic event, disaster recovery will be performed to recover any lost data.
  • Each client is expected and encouraged to maintain backup copies of their own data. Simcentric does not provide or keep records and copies of our client’s website files, emails. Simcentric is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.

08. Renew

  • If the account is not renewed in 14-day period after the renewal date set on the account, the account will be terminated and all files will be removed.

09. Late Payments

  • Any account not paid in full by the end of the first day of the Billing Term will be given a 7-day grace period. If payment is not made within the 7-day grace period, we reserve the right to suspend your service(s) with Simcentric and to charge a USD$26 late fee. 14-day following the suspension of Services for non-payment, Simcentric reserves the right to terminate Service(s) for non-payment.
  • Simcentric is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, Simcentric reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.

10. Cancellation of Services

  • Either party may terminate this Agreement by providing notice to the other as provided herein
  • Cancellations must be requested via the form indicated above 48 hours or more prior to the Service’s renewal date. Cancellations are not final until confirmed by a representative of Simcentric in writing by email. If a cancellation notice is not received within the required time frame, you will be billed for the next Billing Term and are responsible for payment as set forth above.
  • When an account is terminated, all files and data will be destroyed from our servers immediately. This includes any and all backups. Please be sure to back up all your files and data before canceling your accounts.
  • If you made a payment to Simcentric via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. Simcentric (which has no control over PayPal subscription payments) is not responsible for payments made from your PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.
  • Simcentric may terminate this Agreement at any time by providing notice to Customers via email. Should Simcentric terminate this Agreement for any reason other than a material breach, or violation of Simcentric’s Acceptable Use Policy, any prepaid fees shall be refunded.
  • One party may also terminate this Agreement upon the occurrence of a material breach which has not been cured by the other party within (7) days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the internet.

11. Refusal of Service

Simcentric reserves the right to refuse service to anyone at any time. Any material that, in Simcentric’s judgment, is obscene, threatening, illegal, or violates Simcentric’s term of service in any manner may be removed from Simcentric’s servers (or otherwise disabled), with or without notice.

Similarly, Simcentric reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. Simcentric is not responsible for any damages or loss of data resulting from such suspension or termination.

If any manner of communication with Simcentric’s staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, you will be issued one warning. If the communication continues, your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.

To help protect Simcentric and its customers from fraud, Simcentric may ask you to provide a copy of government-issued identification and/or a valid business registration certificate. If you fail to meet these requirements, the order may be considered fraudulent in nature and denied.

12. SLA Conditions

If your server is not available for the guaranteed amount of the time within a given month, we will credit back 3 times the amount of downtime hour of your monthly fee. The SLA refund (if any) payable in any month will be calculated as follows :

Dedicated Server
99.99% Network Uptime Guarantee

For example :
( Amount of Downtime (hours) x USD$Monthly Fee x 3 ) / 720 hours

Contact our Billing department at billing@simcentric.com to request for a service credit in accordance with our Uptime Guarantee within 7 business days. Please note that this guarantee applies only to unscheduled outages.

13. Microsoft Software License Policy

  • Microsoft, as well as Simcentric policy, does not allow mixing of Microsoft license ownership. For an example, a customer cannot use a Simcentric purchased Windows Server license in conjunction with their own customer license of MSSQL or any other Microsoft Product. This is a violation of Microsoft’s licensing policies. Customers must obtain all Microsoft licenses through Simcentric. If you have any questions regarding this policy, please address your concerns to sales@simcentric.com

14. Privacy Policy

As part of our mission to help make commerce better for everyone, Simcentric Solutions Limited collect and process a lot of information. This Privacy Policy is intended to help you better understand how we collect, use and store your personal information, you are agreeing to the terms of this Privacy Policy and, as applicable, the Simcentric Terms of Service.We may update this Privacy Policy from time to time in order to reflect, for example, changes to our privacy practices or for other operational, legal, or regulatory reasons. If we make material changes to this Privacy Policy, we will give you notice of such changes by posting the revised policy on this Website, and where appropriate, by other means. By continuing to use this Website or the Support Service after these changes are posted, you agree to the revised policy.

We take all reasonably practical steps to ensure that personal data collected and retained are accurate and protected against unauthorized or accidental access, processing, erasure or other use. We limit the use of and access to your personal data to our designated employees, authorized agents, and processors who are instructed to handle your personal data in accordance with this Privacy Policy. The personal data collected will be treated as strictly confidential.

We may share your information in the following circumstances:

to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the Services, or as otherwise required by law.

to conform to legal requirements, or to respond to lawful court orders, subpoenas, warrants, or other requests by public authorities (including to meet national security or law enforcement requirements).