Sigma Web & UI Agency Services

TOS

Our Terms have changed starting March 23, 2020
In the Terms of Service below you will find the additions made on April 08, 2016:

These Terms of Service (the “Agreement”) are an agreement between RGW IT SERVICES SPRL a Company based in Dreve Richelle 161, 1410 Waterloo, Belgium known as Sigma One (“RGW IT SERVICES SPRL” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by RGW IT SERVICES SPRL and of the RGW IT SERVICES SPRL website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.

• Privacy Policy
• Acceptable Use Policy
• Copyright Infringement Policy
• Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

Service

Non-Completion.

In the event that a project is unexpectedly terminated by the client and is not complete, then RGW IT SERVICES SPRL may charge or services rendered for 2 years of contract, minus the paid invoices. Either party with 30 days notice may terminate the project. A project is defined by a our ERP system, between RGW IT SERVICES SPRL and the client outlining tasks and notifying the client. Maintenance work is not a project.
Liability Against Defects. RGW IT SERVICES SPRL is not liable or damaged caused to hardware or software resulting from the use of the products produced which may include HTML pages, PDF files, images, and scripts. RGW IT SERVICES SPRL is not responsible or files lost due to server malfunctions. In no event shall RGW IT SERVICES SPRL be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss or use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage. RGW IT SERVICES SPRL does not warrant the software used is free of errors or bugs.

Copyright Free Content.

Materials provided to RGW IT SERVICES SPRL from the client must be copyright-free material. Any other materials must have written permission or use. RGW IT SERVICES SPRL must have a copy of this written permission to keep on file. The client takes all responsibility or materials used on their web site that they provide.

Full Agreement.

A Proposal/Service Agreement and all attachments form all of the covenants, promises, agreements and conditions, between the parties. All attachments and addendum are incorporated herein by this reference, and shall be a part of this contract instrument. In the event or discrepancy between the documents, addendum and attachments shall prevail over the Proposal/Service Agreement. An entire Proposal/Service Agreement including all attachments specifies the working relationship between the client and RGW IT SERVICES SPRL. Payment and acceptance of the deposit is confirmation of an agreement between RGW IT SERVICES SPRL and the client and thus solidifies these terms in a Proposal/Service Agreement between the two parties. Make all checks payable to RGW IT SERVICES After 1 day of non-payment, RGW IT SERVICES SPRL will charge 2% of the balance due monthly from the date of the invoice as interest.

Content Management.

Customer Responsibilities

Obligations
The customer agrees to provide RGW IT SERVICES SPRL with reasonable access to all necessary personnel to answer any questions about any problems reported by the customer regarding the Software. Customer also agrees to promptly implement all updates provided by either a 3rd party or RGW IT SERVICES SPRL if requested. When requested and necessary, the customer shall provide RGW IT SERVICES SPRL in writing a reasonable description of the maintenance required along with any additional information or software required to complete the Website Maintenance.

SLA Plans

The customer can start in a low budget plan and change to a higher budget plan at any desired moment. A full monthly fee will be applied for the new plan in the moment of the request.

The customer can not change plans from a higher to a lower budget. If a customer cancels its current plan and wish to begin with a lower one, all current website and content will be destroyed and a new one will begin from scratch, as is unlawful and unfair to deceive the SLA porpouses.

Error Correction

Upon identification of any Website Maintenance error, the customer shall notify RGW IT SERVICES SPRL of such error and shall provide RGW IT with a problem report and enough information to reproduce the error. RGW IT SERVICES SPRL shall use its reasonable efforts to respond to problem reports.
RGW IT SERVICES SPRL shall begin to correct any reproducible Website Maintenance errors in the Software attributable to RGW IT SERVICES SPRL with the level of effort commensurate with the error within two (2) business day. RGW IT SERVICES SPRL shall not be responsible for correcting any errors not attributable to RGW IT SERVICES SPRL.

Go Live Policy

No update, error correction or modification will go live on Fridays, Saturdays, Sundays or Belgium Bank Holidays unless otherwise agreed upon. Support is limited over the
weekend and this policy is designed to reduce the risk of critical errors over this period.

A confirmation of a draft must be always notify by the customer with a minumum of one(1) business day.

Newsletters and campaigns.

Banners and campains must be prepare five(5) business days in advance for each banner inside the campaign.

Graphical Design

Limited to non motion graphics nor video, and related only to Icons, Banners, Photos and illustrations, each design has a delivery time of two(2) business days per draft without approval time.

Updates

An update is limited to a request sent by email from the customer to RGW IT SERVICES SPRL, if another email is sent, on the same subject or the same URL, it will be considered as a separate request. Each request is constraint to a single page or URL and do not includes. If the delivery time over a request is greater than 1 hour of work, the task will be split it as many updates as necesary.

All updates are requiered to be sent between 10:30 to 13:00 hours, Brussels time, from Monday to Friday, Official holidays are not include. if an update is sent after 13:00 hours the request will be processed only until next day. If the customer requieres work to be process during the weekend, or after 17:00 hours the minimum wage will be invoiced by 95 euros per hour.

1 Update is equal to a 1 human resource working for 1 hour, or an A4 Page of content including graphic design and text, if the last one has not been completed in less than an hour a second update will be applied, and so on. An customer can not request extra updates that are not included in its SLA.

Not include in the service

No backend development or side server programming other than contact forms is include it in the service, connections to other services, or special modules in e-commerce will be invoice separatly.

Account Eligibility

By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. RGW IT SERVICES SPRL is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the RGW IT SERVICES SPRL Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the European Union Intellectual Property Office. We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

Transfers

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall RGW IT SERVICES SPRL be held liable for any lost or missing data or files resulting from a transfer to or from RGW IT SERVICES SPRL. You are solely responsible for backing up your data in all circumstances.

RGW IT SERVICES SPRL Content

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “RGW IT SERVICES SPRL Content”), are the proprietary property of RGW IT SERVICES SPRL or RGW IT SERVICES SPRL’s licensors. RGW IT SERVICES SPRL Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any RGW IT SERVICES SPRL Content. Any use of RGW IT SERVICES SPRL Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any RGW IT SERVICES SPRL Content. All rights to use RGW IT SERVICES SPRL Content that are not expressly granted in this Agreement are reserved by RGW IT SERVICES SPRL and RGW IT SERVICES SPRL’s licensors.

User Content

You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to RGW IT SERVICES SPRL that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to RGW IT SERVICES SPRL a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, RGW IT SERVICES SPRL does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
RGW IT SERVICES SPRL exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through RGW IT SERVICES SPRL’s computers, network hubs and points of presence or the Internet. RGW IT SERVICES SPRL does not monitor User Content. However, you acknowledge and agree that RGW IT SERVICES SPRL may, but is not obligated to, immediately take any corrective action in RGW IT SERVICES SPRL’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that RGW IT SERVICES SPRL shall have no liability due to any corrective action that RGW IT SERVICES SPRL may take.

Third Party Products and Services
Third Party Providers

RGW IT SERVICES SPRL may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
RGW IT SERVICES SPRL does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. RGW IT SERVICES SPRL is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
RGW IT SERVICES SPRL as Reseller or Licensor
RGW IT SERVICES SPRL may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-RGW IT SERVICES SPRL Products”). RGW IT SERVICES SPRL shall not be responsible for any changes in the Services that cause any Non-RGW IT SERVICES SPRL Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-RGW IT SERVICES SPRL Products, either sold, licensed or provided by RGW IT SERVICES SPRL to you will not be deemed a breach of RGW IT SERVICES SPRL’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-RGW IT SERVICES SPRL Product are limited to those rights extended to you by the manufacturer of such Non-RGW IT SERVICES SPRL Product. You are entitled to use any Non-RGW IT SERVICES SPRL Product supplied by RGW IT SERVICES SPRL only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-RGW IT SERVICES SPRL Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-RGW IT SERVICES SPRL Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

Third Party Websites

The Services may contain links to other websites that are not owned or controlled by RGW IT SERVICES SPRL (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

Account Security and RGW IT SERVICES SPRL Systems.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. RGW IT SERVICES SPRL may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. RGW IT SERVICES SPRL may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by RGW IT SERVICES SPRL of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, RGW IT SERVICES SPRL may clean-up your account for an additional fee.
RGW IT SERVICES SPRL reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

GDPR + HIPAA Disclaimer. We are not “HIPAA compliant.”

You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. RGW IT SERVICES SPRL does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that RGW IT SERVICES SPRL is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact feedback@RGW IT SERVICES SPRL.
Compatibility with the Services
You agree to cooperate fully with RGW IT SERVICES SPRL in connection with RGW IT SERVICES SPRL’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, RGW IT SERVICES SPRL is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by RGW IT SERVICES SPRL to provide the Services, which may be changed by RGW IT SERVICES SPRL from time to time in our sole discretion.
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. RGW IT SERVICES SPRL does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
Billing and Payment Information

Prepayment.

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Autorenewal.
Unless otherwise provided, you agree that until and unless you notify RGW IT SERVICES SPRL of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Taxes.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to RGW IT SERVICES SPRL’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid.

 

Late Payment.

All invoices must be paid within one (1) day of the invoice due date. Any invoice that is outstanding for more than two (2) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, RGW IT SERVICES SPRL may suspend or terminate your account and pursue the collection costs incurred by RGW IT SERVICES SPRL, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. RGW IT SERVICES SPRL will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact RGW IT SERVICES SPRL directly after you make a late payment to reactivate the dedicated server.

Non managed Domain Payments.

It is solely your responsibility to notify RGW IT SERVICES SPRL’s Billing department via a support ticket created from http://www.RGW IT SERVICES SPRL after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and RGW IT SERVICES SPRL is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.

Fraud.

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. RGW IT SERVICES SPRL may report any such misuse or fraudulent use, as determined in RGW IT SERVICES SPRL’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

Invoice Disputes.

You have five (5) days to dispute any charge or payment processed by RGW IT SERVICES SPRL. If you have any questions concerning a charge on your account, our billing department directly for assistance.
Money-back Guarantee

Dedicated Servers.

There are no refunds on dedicated servers. The five (5) day money- back guarantee does not apply to dedicated servers.
Managed shared, VPS and Reseller Services.

Cancellations and Refunds
Payment Method.

No refunds will be provided if you use any of the following methods of payment: SEPA, bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.

Money-back Guarantee.
If an account with a (15) day money-back guarantee is purchased and then cancelled within the 15 days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the RGW IT SERVICES SPRL Support Team (the “Refund Request”) within ninety (90) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic shared, VPS and reseller hosting fees previously paid by you to RGW IT SERVICES SPRL for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 13. Requests for these refunds must be made in writing to the RGW IT SERVICES SPRL Support Team. Refunds will only be issued for basic shared, VPS and reseller hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.

Refund Eligibility.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.

Non-refundable Products and Services.

There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at RGW IT SERVICES SPRL’s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.

Wire transfer payments (bank to bank payments).

All invoices paid via bank wire will have an extra fee of 25 eur per document/invoice as administrative fee + 2.8% of the total value of the invoice, the invoice payments and money collection will be handle by BNP FORTIS Money collection services, and not us, this payment method will be due at the end of the month, but it does requiered and advanced payment of 3 service monthts non refundable

 

Website Cancellation Process.

You may terminate or cancel the Services by giving RGW IT SERVICES SPRL a clear written notice at any given working day. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) RGW IT SERVICES SPRL may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation notice and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received….” RGW IT SERVICES SPRL will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via  +32.784.865.68 phone. We require all cancellations to be done in a written form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
Cancellations for shared and reseller accounts will be effective on the account’s renewal date. Cancellations for dedicated and VPS accounts will be effective immediately.
If your website has been under the same subscription with RGW IT SERVICES SPRL for at least 2 years, all graphical content, html, css and javascript source code files will be sent to you after all fees has been fully paid to RGW IT SERVICES SPRL. The content may be bought before the 2 years, by paying 24 times monthly subscription including taxes. This doesn't include any RGW IT SERVICES SPRL special applications developed for you

Managed Domains.

Managed Domain renewals are billed and renewed thirty (60) days before the renewal date. It is your responsibility to notify RGW IT SERVICES SPRL’s Billing department via a email to cancel any domain registration at least thirty (60) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

Foreign Currencies.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in Euros and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and RGW IT SERVICES SPRL is not responsible for any change in exchange rates between the time of payment and the time of refund.
Termination
RGW IT SERVICES SPRL may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm RGW IT SERVICES SPRL or others or cause RGW IT SERVICES SPRL or others to incur liability, as determined by RGW IT SERVICES SPRL in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, RGW IT SERVICES SPRL shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, RGW IT SERVICES SPRL may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

CPU, Bandwidth and Disk Usage
Permitted CPU and Disk Usage.

All use of hosting space provided by RGW IT SERVICES SPRL is subject to the terms of this Agreement and the Acceptable Use Policy.
Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. RGW IT SERVICES SPRL expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. RGW IT SERVICES SPRL may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of RGW IT SERVICES SPRL’s terms and conditions.
Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
Bandwidth Usage.
Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.

Uptime Guarantee.

If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of RGW IT SERVICES SPRL and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit http://www.RGW IT SERVICES SPRL to create a support ticket to our Billing department with justification [within thirty (30) days of the end of the month for which you are requesting a credit]. Uptime guarantees only apply to shared and reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

Reseller Terms and Client Responsibility

Resellers shall ensure that each of their clients complies with this Agreement.
Resellers are responsible for supporting their clients. RGW IT SERVICES SPRL does not provide support to clients of RGW IT SERVICES SPRL’s resellers. If a reseller’s client contacts RGW IT SERVICES SPRL, RGW IT SERVICES SPRL reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller’s client. All support requests must be made by the reseller on its client’s behalf for security purposes.
Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. RGW IT SERVICES SPRL will hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.
RGW IT SERVICES SPRL is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify RGW IT SERVICES SPRL from and against any and all claims made by any User arising from the reseller’s acts or omissions.
RGW IT SERVICES SPRL reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by RGW IT SERVICES SPRL.
Resellers in the RGW IT SERVICES SPRL Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
Shared (non-reseller accounts)
Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
Dedicated Servers
RGW IT SERVICES SPRL reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. RGW IT SERVICES SPRL reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. RGW IT SERVICES SPRL will not be liable for any loss of data resulting from such deletion.

Price Change

RGW IT SERVICES SPRL reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by RGW IT SERVICES SPRL through the user billing tool or through other methods of communication, including notices sent or posted by RGW IT SERVICES SPRL.

Coupons

Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.

Limitation of Liability

 

IN NO EVENT WILL SIGMAONE ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF SIGMAONE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SIGMAONE’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SIGMAONE FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Indemnification

You agree to indemnify, defend and hold harmless RGW IT SERVICES SPRL, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

Arbitration

The Terms and Conditions and the relationship between you and RGW IT SERVICES SPRL shall be governed by the laws of Belgium, without regard to its conflict of law provisions. You and RGW IT SERVICES SPRL each agree to submit to the personal and exclusive jurisdiction of the courts located within the region of Wallon, Belgium. The failure of RGW IT SERVICES SPRL to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties, intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

Independent Contractor

RGW IT SERVICES SPRL and User are independent contractors and nothing contained in this Agreement places RGW IT SERVICES SPRL and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

Governing Law; Jurisdiction

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of Belgium. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Disclaimer

RGW IT SERVICES SPRL shall not be responsible for any damages your business may suffer. RGW IT SERVICES SPRL makes no warranties of any kind, expressed or implied for the Services. RGW IT SERVICES SPRL disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by RGW IT SERVICES SPRL or our employees.

Backups and Data Loss

Your use of the Services is at your sole risk. RGW IT SERVICES SPRL’s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at RGW IT SERVICES SPRL’s sole discretion. RGW IT SERVICES SPRL does not maintain backups of dedicated accounts. RGW IT SERVICES SPRL is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on RGW IT SERVICES SPRL’s servers.
Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.

Limited Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, SIGMAONE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. SIGMAONE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. SIGMAONE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Disclosure to Law Enforcement

RGW IT SERVICES SPRL may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

Entire Agreement.

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

Headings.

The headings herein are for convenience only and are not part of this Agreement.
Changes to the Agreement or the Services
RGW IT SERVICES SPRL may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the RGW IT SERVICES SPRL website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
RGW IT SERVICES SPRL reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Severability

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
Waiver
No failure or delay by you or RGW IT SERVICES SPRL to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

Assignment; Successors

You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of RGW IT SERVICES SPRL. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. RGW IT SERVICES SPRL may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Third-Party Beneficiaries

Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.