{"id":4960,"date":"2020-08-24T20:06:39","date_gmt":"2020-08-24T20:06:39","guid":{"rendered":"http:\/\/elitegeekhosting.com\/?page_id=4960"},"modified":"2023-04-29T04:58:17","modified_gmt":"2023-04-29T04:58:17","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/elitegeekhosting.com\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"
[et_pb_section fb_built=”1″ _builder_version=”4.6.1″ _module_preset=”default”][et_pb_row _builder_version=”4.6.1″ _module_preset=”default”][et_pb_column type=”4_4″ _builder_version=”4.6.1″ _module_preset=”default”][et_pb_text _builder_version=”4.6.1″ _module_preset=”default”]<\/p>\n
\u00a0Elite Geek Hosting – UNIVERSAL TERMS OF SERVICE AGREEMENT<\/span><\/p>\n Last Revised: 4\/28\/2023<\/span><\/p>\n \u00a0PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.<\/span><\/p>\n This Universal Terms of Service Agreement (this \u201cAgreement\u201d) is entered into by and between Elite Geek Hosting.com, a subsidiary of The Ultimate Wholesale Buying Club, and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the \u201cServices\u201d). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.<\/span><\/p>\n The terms \u201cwe\u201d, \u201cus\u201d or \u201cour\u201d shall refer to Elite Geek Hosting. The terms \u201cyou\u201d, \u201cyour\u201d, \u201cUser\u201d or \u201ccustomer\u201d shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.<\/span><\/p>\n Elite Geek Hosting may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Elite Geek Hosting may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (\u201cAccount\u201d) information current. Elite Geek Hosting assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, Elite Geek Hosting may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You. Elite Geek Hosting RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.<\/span><\/p>\n This Site and the Services are available only to individuals or entities (\u201cUsers\u201d) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.<\/span><\/p>\n \u00a0If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Elite Geek Hosting finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Elite Geek Hosting shall not be liable for any loss or damage resulting from Elite Geek Hosting\u2019s reliance on any instruction, notice, document or communication reasonably believed by Elite Geek Hosting to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Elite Geek Hosting reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.<\/span>\u00a0<\/span><\/p>\n In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Elite Geek Hosting that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Elite Geek Hosting has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Elite Geek Hosting reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number\/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, Elite Geek Hosting recommends that you change your password and shopper PIN at least once every six (6) months for each Account. You must notify Elite Geek Hosting immediately of any breach of security or unauthorized use of your Account. Elite Geek Hosting will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Elite Geek Hosting or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.<\/span><\/p>\n You acknowledge and agree that:<\/span>\u00a0<\/span><\/p>\n Your use of this Site and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.<\/span><\/p>\n You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.<\/span><\/p>\n You will not use this Site or the Services in a manner (as determined by Elite Geek Hosting in its sole and absolute discretion) that:<\/span><\/p>\n Is illegal, or promotes or encourages illegal activity;<\/span><\/p>\n Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);<\/span><\/p>\n Promotes, encourages or engages in terrorism, violence against people, animals, or property;<\/span><\/p>\n Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;<\/span><\/p>\n Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;<\/span><\/p>\n Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and\/or sex trafficking;<\/span><\/p>\n Infringes on the intellectual property rights of another User or any other person or entity;<\/span><\/p>\n Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;<\/span><\/p>\n Interferes with the operation of this Site or the Services found at this Site;<\/span><\/p>\n Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or<\/span><\/p>\n Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Elite Geek Hosting or Elite Geek Hosting\u2019s Services.<\/span><\/p>\n You will not perform any false, abusive or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;<\/span><\/p>\n You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by Elite Geek Hosting.<\/span><\/p>\n You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.<\/span><\/p>\n You will not access Elite Geek Hosting Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Elite Geek Hosting may designate.<\/span><\/p>\n You agree to back-up all of your User Content so that you can access and use it when needed. Elite Geek Hosting does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.<\/span><\/p>\n You will not re-sell or provide the Services for a commercial purpose, including any of Elite Geek Hosting’s related technologies, without Elite Geek Hosting’s express prior written consent.<\/span><\/p>\n You will not circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Elite Geek Hosting Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Elite Geek Hosting Content or the User Content therein.<\/span><\/p>\n You agree to provide government-issued photo identification and\/or government-issued business identification as required for verification of identity when requested.<\/span><\/p>\n You are aware that Elite Geek Hosting may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether Elite Geek Hosting asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Elite Geek Hosting is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of Elite Geek Hosting that may be initiated by an automatic telephone dialing system and\/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from Elite Geek Hosting. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of Elite Geek Hosting that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from Elite Geek Hosting. Message and data rates may apply.<\/span><\/p>\n Without limiting any of the rights set forth elsewhere in this Agreement, Elite Geek Hosting expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any Elite Geek Hosting policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by Elite Geek Hosting in its sole and absolute discretion).<\/span><\/p>\n If your purchase or account activity shows signs of fraud, abuse or suspicious activity, Elite Geek Hosting may cancel any service associated with your name, email address or account and close any associated Elite Geek Hosting accounts. If Elite Geek Hosting, in its sole discretion, determines that any conducted activity is fraudulent, Elite Geek Hosting reserves the right to take any necessary legal action and you may be liable for monetary losses to Elite Geek Hosting including litigation costs and damages. To contest cancellation of Services or freezing or closure of an account, please contact Elite Geek Hosting Care.<\/span>\u00a0<\/span><\/p>\n Elite Geek Hosting offers certain hosted Services available to you that may involve the processing of personal data about you, your customers and\/or web users(\u201cYour Data\u201d) in the course of your use of these Services (\u201cCovered Services\u201d). Your Data, for the purpose of this Section, excludes any User Content. Elite Geek Hosting\u2019s Controller to Processor Data Processing Addendum (\u201cDPA\u201d), which is hereby incorporated by reference and applicable to Covered Services, is meant to provide you contractual assurance that we have robust mechanisms to ensure the processing of Your Data, including transfers of Your Data from the European Economic Area to a third country, meets with compliance under applicable data privacy laws.<\/span>\u00a0<\/span><\/p>\n For the purposes of the Controller to Processor DPA and the Standard Contractual Clauses attached to the DPA (when and as applicable), you (and your applicable affiliates) are considered the Data Controller\/Data Exporter, and your acceptance of the Terms of Service governing Covered Services at the time of purchase of any Covered Services will also be treated as your acknowledgement and acceptance of the Controller to Processor DPA and its appendices (including the Standard Contractual Clauses and its appendices, as applicable). If you wish to print, sign and return a physical copy of the Controller to Processor DPA, please send an email request to privacy@EliteGeekHosting.com.<\/span><\/p>\n Covered Services, as defined in this Section and in the Controller to Processor DPA, include hosted services that are subject to the terms and conditions of the following Agreements: (1) Email Marketing Services, (2) Website Services, (3) Hosting.\u00a0\u00a0<\/span>\u00a0<\/span><\/p>\n Some of the features of this Site or the Services, including those Services that are hosted with Elite Geek Hosting, may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (\u201cUser Submissions\u201d), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, \u201cUser Content\u201d). All content submitted through your Account is considered User Content. By posting or publishing User Content to this Site or to or via the Services, you represent and warrant to Elite Geek Hosting that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and\/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.<\/span>\u00a0<\/span><\/p>\n User Submissions. You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate Elite Geek Hosting to treat your User Submissions as confidential or secret, that Elite Geek Hosting has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions, and that Elite Geek Hosting may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken \/ will take some other action.<\/span><\/p>\n Elite Geek Hosting shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.<\/span>\u00a0<\/span><\/p>\n User Content Other Than User Submissions. By posting or publishing User Content to this Site or through the Services, you authorize Elite Geek Hosting to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant Elite Geek Hosting a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and Elite Geek Hosting’s (and Elite Geek Hosting\u2019s affiliates\u2019) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate \u201cprivate\u201d or \u201cpassword protected\u201d) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Elite Geek Hosting may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Elite Geek Hosting shall not use any User Content that has been designated \u201cprivate\u201d or \u201cpassword protected\u201d by you for the purpose of promoting this Site or Elite Geek Hosting\u2019s (or Elite Geek Hosting\u2019s affiliates\u2019) business(es). If you have a website or other content hosted by Elite Geek Hosting, you shall retain all of your ownership or licensed rights in User Content.<\/span>\u00a0<\/span><\/p>\n Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.<\/span>\u00a0<\/span><\/p>\n In the event you are provided with a product credit (\u201cCredit\u201d), whether for redemption of the purchase of a specific product or for free with the purchase of another product (\u201cPurchased Product\u201d), you acknowledge and agree that such Credit is only valid for one (1) year and is only available with a valid purchase and may be terminated in the event the product purchased is deleted, cancelled, transferred or not renewed. The Credit will expire one (1) year from date of purchase of the Purchased Product if the Credit has not been redeemed. In the event that the Credit is redeemed, after the initial subscription period, the product will automatically renew at the then-current renewal price until cancelled. If you wish to cancel the automatic renewal of the product, you may do so by visiting your Account or by contacting customer service. In the event your Purchased Product includes a free domain name, if you cancel the Purchased Product, the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on Elite Geek Hosting’s website and is not subject to any promotion, discount, or other reduction in price. For Credits issued for free with another Purchased Product, you acknowledge and agree that we may swap your Credit for a similar product, in our sole discretion.<\/span><\/p>\n Elite Geek Hosting generally does not pre-screen User Content (whether posted to a website hosted by Elite Geek Hosting or posted to this Site). However, Elite Geek Hosting reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and\/or complies with this Agreement. Elite Geek Hosting may remove any item of User Content (whether posted to a website hosted by Elite Geek Hosting or posted to this Site) and\/or terminate a User\u2019s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Elite Geek Hosting in its sole and absolute discretion), at any time and without prior notice. Elite Geek Hosting may also terminate a User\u2019s access to this Site or the Services found at this Site if Elite Geek Hosting has reason to believe the User is a repeat offender. If Elite Geek Hosting terminates your access to this Site or the Services found at this Site, Elite Geek Hosting may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.<\/span><\/p>\n Elite Geek Hosting reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Although Elite Geek Hosting makes great effort to maximize the lifespan of all its Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by Elite Geek Hosting, in any way, effective on the EOL date.<\/span><\/p>\n Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, Elite Geek Hosting will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by Elite Geek Hosting in its sole and absolute discretion. Elite Geek Hosting may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration. In the event that a feature, functionality, or aspect of any Service we offer has reached or will reach EOL, then we will attempt to notify you thirty or more days in advance of the EOL date. However, if the Service maintains a least reasonably equivalent functionality without such feature, functionality, or aspect, as determined by Elite Geek Hosting in its sole and absolute discretion, Elite Geek Hosting will not be required to offer a comparable feature or functionality for the Service or a refund.<\/span><\/p>\n No Liability. Elite Geek Hosting will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services we may offer, provide or facilitate access to.<\/span><\/p>\n From time to time, Elite Geek Hosting may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as \u201cBeta Services\u201d. If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments; (iv) Elite Geek Hosting reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) Elite Geek Hosting may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience; (viii) You acknowledge and agree that Elite Geek Hosting may track your browsing behavior, links clicked, items purchased, your device type, and to collect various data, including analytics, about how you use and interact with our Beta Services; (ix) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Elite Geek Hosting; (x) The Beta Services are provided \u201cas is\u201d, \u201cas available\u201d, and \u201cwith all faults\u201d.<\/span><\/p>\n You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by Elite Geek Hosting. To the fullest extent permitted by law, Elite Geek Hosting disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.<\/span><\/p>\n You agree that your Payment Method may be charged by one of our affiliated entities. If, during your purchase, your payment was identified as being processed in the United States, your transaction will be processed by Elite Geek Hosting.com, or The Ultimate Wholesale Buying Club; If, during your purchase, your payment was identified as being processed in a country that is not listed above, your transaction may be processed by an entity within the disclosed country that is affiliated with our local payment service provider, and subject to the provisions of our Privacy Policy.<\/span><\/p>\n (A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS<\/span><\/p>\n Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise noted in the Refund Policy.<\/span><\/p>\n Price Changes. Elite Geek Hosting reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal as further described below.<\/span><\/p>\n Payment Types. Except as prohibited in any product-specific agreement, you may pay for Services by using any of the following \u201cPayment Methods\u201d: (i) valid credit card; (ii) electronic payment from your personal or business checking account, as appropriate (and as defined below); (iv) PayPal; (v) International Payment Option (as defined below); (vi) via in-store credit balances, if applicable (and as defined below); or (vii) any other method you use to pay for Services as determined by Elite Geek Hosting in its sole and absolute discretion, each a \u201cPayment Method\u201d.\u00a0 Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account. In addition, you agree that the location for the processing of your payments may change for any reason, including the type of Payment Method chosen, the currency selected, or changes or updates made to your Payment Method.<\/span><\/p>\n Refunds Issued. You agree that where refunds are issued to your Payment Method, Elite Geek Hosting’s issuance of a refund receipt is only confirmation that Elite Geek Hosting has submitted your refund to the Payment Method charged at the time of the original sale, and that Elite Geek Hosting has no control over when the refund will be applied towards your Payment Method\u2019s available balance. You further acknowledge and agree that the payment provider and\/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.<\/span>\u00a0<\/span><\/p>\n In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then Elite Geek Hosting, in its sole and absolute discretion, reserves the right to issue the refund either (i) in the form of an in-store credit; (ii) via issuance of a Elite Geek Hosting check, which will be sent to the mailing address on file for your Account; or (iii) in some jurisdictions, as a bank transfer, when the payment processor cannot refund back to the Payment Method. Elite Geek Hosting also has the right to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method.<\/span>\u00a0<\/span><\/p>\n Monthly Billing Date. If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services, unless that date falls after the 29th of the month, in which case your billing date will be the 29th of each month.<\/span>\u00a0<\/span><\/p>\n Auto-Renewal Terms. Other than as required by applicable law, Elite Geek Hosting does not retain hard copies or electronic versions of mandate, standing order or standing instruction forms and\/or any signed consents relating to your usage of our automatic renewal services, and we are therefore unable to provide any such document upon request. You may view or change your automatic renewal settings at any time by logging into your Elite Geek Hosting account.<\/span>\u00a0<\/span><\/p>\n IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, ALL SERVICES ARE OFFERED ON AUTOMATIC RENEWAL UNLESS OTHERWISE SPECIFIED ON THIS SITE. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE THEN CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD (EXCEPT FOR DOMAIN NAMES WHICH MAY RENEW FOR THE ORIGINAL SERVICE PERIOD). FOR EXAMPLE, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL TYPICALLY BE FOR ONE YEAR. HOWEVER, IN THE EVENT RENEWAL WITH THE PAYMENT METHOD ON FILE FAILS, Elite Geek Hosting MAY ATTEMPT TO RENEW THE APPLICABLE SERVICE FOR A PERIOD LESS THAN THE ORIGINAL SUBSCRIPTION PERIOD TO THE EXTENT NECESSARY FOR THE TRANSACTION TO SUCCEED.<\/span>\u00a0<\/span><\/p>\n UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, Elite Geek Hosting WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) IN YOUR ACCOUNT OR YOUR DESIGNATED BACKUP PAYMENT METHOD(S) ON FILE WITH Elite Geek Hosting. IN AUTOMATICALLY RENEWING YOUR SERVICES, Elite Geek Hosting WILL FIRST ATTEMPT TO CHARGE THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) IN YOUR ACCOUNT. IN THE EVENT Elite Geek Hosting CANNOT SUCCESSFULLY CHARGE THIS PAYMENT METHOD, WE WILL ATTEMPT TO CHARGE THE PAYMENT METHOD(S) DESIGNATED AS “BACKUP” IN YOUR ACCOUNT. RENEWALS WILL BE CHARGED AT Elite Geek Hosting\u2019S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. IN ORDER TO SEE THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR ACCOUNT MANAGER FROM THIS SITE AND FOLLOW THE STEPS FOUND HERE. IF YOU DO NOT WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, YOU MAY ELECT TO CANCEL RENEWAL, IN WHICH CASE, YOUR SERVICES WILL TERMINATE UPON EXPIRATION OF THE THEN CURRENT TERM, UNLESS YOU MANUALLY RENEW YOUR SERVICES PRIOR TO THAT DATE. IN OTHER WORDS, SHOULD YOU ELECT TO CANCEL YOUR PRODUCT AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND Elite Geek Hosting SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.<\/span>\u00a0<\/span><\/p>\n IN ADDITION, Elite Geek Hosting MAY PARTICIPATE IN \u201cRECURRING BILLING PROGRAMS\u201d OR \u201cACCOUNT UPDATER SERVICES\u201d SUPPORTED BY YOUR CREDIT CARD PROVIDER (AND ULTIMATELY DEPENDENT ON YOUR BANK\u2019S PARTICIPATION). IF WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND\/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND\/OR EXPIRATION DATE, Elite Geek Hosting WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. Elite Geek Hosting MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) CANCELLING PRODUCTS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND Elite Geek Hosting SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.<\/span><\/p>\n If for any reason Elite Geek Hosting is unable to charge your Payment Method for the full amount owed, or if Elite Geek Hosting receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Elite Geek Hosting may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. Elite Geek Hosting also reserves the right to charge you reasonable \u201cadministrative\u201d fees” for (i) tasks Elite Geek Hosting may perform outside the normal scope of its Services, (ii) additional time and\/or costs Elite Geek Hosting may incur in providing its Services, and\/or (iii) your noncompliance with this Agreement (as determined by Elite Geek Hosting in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and\/or disputes that require accounting or legal services, whether performed by Elite Geek Hosting staff or by outside firms retained by Elite Geek Hosting; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Elite Geek Hosting as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with Elite Geek Hosting.<\/span>\u00a0<\/span><\/p>\n Elite Geek Hosting may offer product-level pricing in various currencies. The transaction will be processed in the selected currency and the pricing displayed during the checkout process will be the actual amount submitted for payment. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charge, which may be added to the final amount that appears on your bank statement or post as a separate amount. Please check with the issuer of your Payment Method for details. In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax (“VAT”), Goods and Services Tax (“GST”), or other localized fees and\/or taxes, based on your bank and\/or the country indicated in your billing address section.<\/span><\/p>\n (B) REFUND POLICY<\/span><\/p>\n Products and Services available for refunds are described here (\u201cRefund Policy\u201d).<\/span><\/p>\n Products purchased from Elite Geek Hosting.com, may be refunded only if cancelled within the refund period specified below in this policy. <\/span>MAY BE REFUNDED ONLY IF CANCELLED WITHIN SEVEN (7) DAYS FROM THE DATE OF THE TRANSACTION.<\/span><\/p>\n EU & UK CONSUMERS: YOU HAVE A STATUTORY RIGHT TO CANCEL PRODUCTS AND SERVICES WITHIN 14 DAYS FROM THE DATE OF THE CONTRACT. HOWEVER, WE ARE ENTITLED TO CHARGE A REASONABLE AMOUNT FOR THE SERVICES THAT WE HAVE ALREADY PROVIDED TO YOU AS AT THE DATE OF CANCELLATION. THEREFORE, A FULL, OR ANY, REFUND MAY NOT BE DUE. PLEASE NOTE THIS DOES NOT AFFECT THE “PRODUCTS WITH SPECIAL REFUND TERMS”, WHERE FULL REFUNDS MAY BE GIVEN, AS APPLICABLE. THIS REFUND POLICY DOES NOT AFFECT YOUR STATUTORY RIGHTS.<\/span><\/p>\n Some products have different policies or requirements for a refund associated with them, including some products that are not eligible for a refund under any circumstance. Absolutely no refund on digital products or services.<\/span>\u00a0<\/span><\/p>\n Annual Plans+ – Within 30 days of the date of the transaction.<\/span><\/p>\n Monthly Plans*+ – Within 48 hours of the date of the transaction.<\/span><\/p>\n *Monthly Plans include all plans with less than a 1-year term (e.g., 6 mos., 9 mos., etc.)<\/span><\/i> Please see below for refund terms applicable to such products.<\/span>\u00a0<\/span><\/p>\n \u201cDate of the transaction\u201d, for the purpose of this Refund Policy, means the date of purchase of any product or service, which includes the date any renewal is processed by Elite Geek Hosting.com, in accordance with the terms and conditions of the applicable product or service agreement.<\/span>\u00a0<\/span><\/p>\n “Refund Period”, you may cancel a product at any time, but a refund will only be issued if you request a refund with EGH customer service within the refund time frame specified for the applicable product, if available at all.<\/span>\u00a0<\/span><\/p>\n No Refund After Account Closure<\/span>. If eligible for a refund, it is necessary for you to request a refund prior to account closure. You may elect to close your account with us at any time, but upon account closure you will no longer be eligible for a refund as otherwise permitted under this Refund Policy.<\/span>\u00a0<\/span><\/p>\n All payments must be for the full amount required at purchase.<\/span>\u00a0<\/span><\/p>\n () PAY BY CHECK (ELECTRONIC PAYMENT)<\/span>\u00a0<\/span><\/p>\n By using Elite Geek Hosting\u2019s pay by check option (\u201cPay By Check\u201d), you can purchase Elite Geek Hosting Services using an electronic payment (from your personal or business checking account (\u201cChecking Account\u201d), as appropriate). In connection, you agree to allow a third-party check services provider, Stripe)\u00a0 to debit the full amount of your purchase from your Checking Account, which is non-refundable. Check Services Provider will create an electronic funds transfer (\u201cEFT\u201d) or bank draft, which will be presented to your bank or financial institution for payment from your Checking Account. The Checking Account must be at a financial institution in the United States, and payment must be in U.S. Dollars.<\/span>\u00a0<\/span><\/p>\n It is your responsibility to keep your Checking Account current and funded. You agree that (i) Check Services Provider or Elite Geek Hosting reserve the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Checking Account no longer existing or not holding available\/sufficient funds) and (ii) in such event, neither Check Services Provider nor Elite Geek Hosting shall be liable to you or any third party regarding the same. If for any reason Check Services Provider is unable to withdraw the full amount owed for the Services provided, you agree that Check Services Provider and Elite Geek Hosting may pursue all available lawful remedies in order to obtain payment (plus any applicable fees). Elite Geek Hosting is not responsible for the actions of Check Services Provider. You agree that if the EFT or bank draft is returned unpaid, you will pay a service charge in accordance with the fees permitted by law for each U.S. State. A help article describing the Check Services Provider and outlining the service charges referenced above can be found here. These fees may be debited from your Checking Account using an EFT or bank draft. All fees are in U.S. Dollars.<\/span>\u00a0<\/span><\/p>\n Elite Geek Hosting and its service providers, including but not limited to Check Services Provider and Complete Payment Recovery Services, Inc., may provide you with notices, including by email, regular mail, SMS, MMS, text message, postings on the services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these terms of service by accessing the services in an unauthorized manner. Your agreement to these terms of service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the services in an authorized manner. Failure to receive such notices for any reason shall not excuse any payment or other obligation to Elite Geek Hosting and Check Services Provider. You further expressly authorize Elite Geek Hosting and its service providers, including but not limited to Check Services Provider and Complete Payment Recovery Services, Inc., and their affiliates to contact you, via auto-dialer, pre-recorded messages, or any other method, on any of your mobile phone numbers or emails. You further acknowledge that email addresses you provide are not shared, accessed by others and are not employer-related email addresses.<\/span>\u00a0<\/span><\/p>\n (E) INTERNATIONAL PAYMENT OPTIONS<\/span>\u00a0<\/span><\/p>\n Elite Geek Hosting offers a variety of alternative international payment options through a variety of International Payment Providers (\u201cIPP\u201d). In the event you select an IPP, you represent that you have already agreed to any and all of the IPP\u2019s applicable customer service agreements in advance of completing your transaction at Elite Geek Hosting. You also agree to allow the IPP to debit the full amount of your purchase from the selected account or payment method, collectively \u201cFunding Sources\u201d. In addition, you agree to allow the selected IPP to debit, if applicable, an \u201cExchange Rate Conversion Fee\u201d, as well as any other fees or charges applicable to your agreement with the IPP (collectively, the \u201cIPP Fees\u201d), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by Elite Geek Hosting.<\/span>\u00a0<\/span><\/p>\n It is your responsibility to keep your Funding Sources current and funded. You agree that (i) the IPP or Elite Geek Hosting reserve the right to decline a transaction for any reason and (ii) neither the IPP nor Elite Geek Hosting shall be liable to you or any third party regarding the same. You acknowledge that Elite Geek Hosting will not attempt to fulfill the Services purchased by you until Elite Geek Hosting receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor. If Elite Geek Hosting does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your Elite Geek Hosting account. Payments received on previously cancelled orders will be automatically refunded to the original Payment Method when possible.\u00a0<\/span>\u00a0<\/span><\/p>\n If, at the time Elite Geek Hosting receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result your purchase is either over-funded or under-funded, Elite Geek Hosting may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, Elite Geek Hosting reserves the right to issue refunds to an in-store credit balance or as a bank transfer, when the payment processor cannot refund back to the Payment Method. If you receive a full refund, you will need to begin the purchase process again. You agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by Elite Geek Hosting will be net of the IPP Fees unless otherwise specified.<\/span><\/p>\n (F) IN-STORE CREDIT BALANCES<\/span>\u00a0<\/span><\/p>\n In the event that your Account contains an in-store credit balance: (1) you may apply any available credit balance to any future purchase in your Account; and (2) you authorize Elite Geek Hosting to apply any available credit balance to any upcoming product renewals, outstanding administrative fees, chargebacks, or other fees related to your Account, including partial payments. Regardless of the amount of in-store credit available in your account, Elite Geek Hosting is not responsible for the loss of products resulting from an inability to collect funds from your Payment Methods or the in-store credit. In-store credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal). If you have more than one in-store credit, then the credits will be processed according to the age of the credit, with the oldest in-store credit being applied first. If additional funds are required to complete the purchase or renewal, credits held in a non-selected currency will be converted using Elite Geek Hosting\u2019s daily exchange rate based on the age of the credit (oldest to newest) until (i) enough funds are allocated to complete the transaction, or (ii) there is no available balance left in your account. You understand and agree that at the time of conversion, Elite Geek Hosting may also impose an additional administrative fee.<\/span>\u00a0<\/span><\/p>\n You can verify your available in-store credit balance at any time through your Account on the Elite Geek Hosting website. You acknowledge that in-store credit balances are non-transferable, may only be used in the Account in which they were acquired and may expire. Complimentary in-store credits will expire two years after issuance or within any other time period Elite Geek Hosting may specify in your Account. In the event that Elite Geek Hosting terminates your Account, you acknowledge and agree that any remaining available in-store credit balance will be forfeited.\u00a0<\/span>\u00a0<\/span><\/p>\n\n
\n
\n
\n
\n
\n
\n
\n
\n
\n
\n
\n
\n
Standard Refund Terms<\/b><\/h5>\n
<\/span><\/i>+Security products with remediation service cannot be refunded once a cleanup request has been submitted._<\/span><\/i><\/p>\n