We try to make our services and policies clear on our site. However, we must outline the following explanations and guidelines that are in place to protect all parties involved.
Services. ENZU dba BudgetVM, through itself and/or any of its affiliates, agrees to provide Customer the services ("Service" or "Service(s)") in accordance with this Agreement. "Service Order" shall collectively refer to any service order(s), authorization form(s) or order form(s) that describes and sets forth the pricing for the Service(s) purchased by Customer. The parties acknowledge that ENZU's obligation to provide the Service(s) is subject to its having obtained all of the requisite licenses and consents related thereto.
ENZU, through itself and/or any of its affiliates, agrees to provide Customer the services ("Service" or "Service(s)") in accordance with this Agreement. "Service Order" shall collectively refer to any service order(s), authorization form(s) or order form(s) that describes and sets forth the pricing for the Service(s) purchased by Customer. The parties acknowledge that ENZU's obligation to provide the Service(s) is subject to its having obtained all of the requisite licenses and consents related thereto.
The term of the Agreement shall commence on the Effective Service Date and shall continue thereafter until the expiration of the last expiring Service term, unless earlier terminated in accordance with this Agreement ("Agreement Term"). The term for each Service is set forth in the applicable Service Addendum or Service Order. ENZU reserves the right to change its rates during any renewal term by notifying Customer at least sixty (60) days in advance of the effective date of such rate change. Service shall automatically renew for successive periods equal to its Service Initial Term unless terminated by either party at least thirty (30) days prior to the then-current date for termination.
Billing for each Service shall commence on the Effective Service Date. Customer will be invoiced monthly for all amounts due and owing to ENZU. All payments are due within the terms specified on the Order Form without set-off or demand. All invoices shall be deemed final and binding unless Customer notifies ENZU in writing of any alleged discrepancies no later than thirty (30) days from the date of such invoice(s). All payments required by this Agreement are exclusive of any national, state, municipal, or other governmental excise, sales, value-added and occupational taxes and other fees and levies, all of which Customer shall be responsible for and will pay in full, other than taxes based on ENZU net income. Customer will be deemed to be in default hereunder if payment is not received within the terms specified on the Order Form and, in addition to its other remedies, ENZU may charge Customer interest equal to 1 1/2% per month on any amount past due. In the event ENZU is unable to deliver the Service(s) due to any reason, issue or delay caused either directly or indirectly by the Customer or its agents, such Service(s) shall be deemed delivered and ENZU shall commence billing when ENZU is ready to deliver such Service(s).
ENZU reserves the right to charge a convenience fee for payments made outside of the customer portal. Payments made outside of the portal will be subject to a 5% fee.
Cancellations must be submitted in the client portal via the request cancellation link. All cancellations must be completed (30) Days prior to service renewal date. Requests for refunds are governed by our Money back Guarantee which is 7 days or 25 GB of bandwidth usage (whichever comes first) for all Virtual, Cloud, Smart and Dedicated Servers. Custom Orders and setup fees are not eligible for refund. Refunds are limited to one (1) service per customer account. Customers are defined by company, email or billing identifier.
Requests for refunds are governed by our Money back Guarantee which is 7 days or 25 GB of bandwidth usage (whichever comes first) for all Virtual, Cloud, Smart and Dedicated Servers. Custom Orders and setup fees are not eligible for refund. Refunds are limited to one (1) service per customer account. Customers are defined by company, email or billing identifier.
Client agrees that invoices must be disputed before the invoice due date. Invoices not paid on their respective due dates may result in service suspension or service termination of service. As a result, Enzu, Inc is not liable for any service interruption that occurs as a result of any invoice disputed on or after the invoice due date. In the event that an invoice dispute is initated before an invoice due date and the dispute is still not resolved by the invoice due date, the remaining undisputed items on the invoice should still be paid on or before the invoice due date.
Client agrees that disputing a payment made to Enzu, Inc by means of initiating a credit card chargeback, PayPal reversal, reversal request through Google Checkout, or using any other third party resource to reverse a payment will result in full and immediate account termination.
A. Termination by ENZU. ENZU may terminate this Agreement immediately upon notice upon default by Customer. Default includes (a) the failure by Customer to (i) pay any amounts when due; (ii) comply with Section 4 Compliance with Laws and Acceptable Use; or (iii) perform any material obligation under this Agreement which failure is not remedied within thirty (30) days after receipt of written notice from ENZU (unless a shorter notice period is expressly set forth in the Agreement, in which case the shorter notice period shall apply); or (b) Insolvency (as hereinafter defined). If ENZU terminates this Agreement for any of the aforementioned reasons, all of the following shall be immediately due and payable by Customer: (a) the cumulative total of the balance of all monthly charges remaining on this Agreement through the end of the applicable Service Term(s); and (b) any charges accrued but unpaid as of the effective date of termination. Customer acknowledges that the amounts payable pursuant to the preceding sentence are equitable compensation to ENZU and are intended to reasonably compensate ENZU for the losses which are occasioned by Customer's failure to honor Customer's obligations hereunder. As used herein, "Insolvency" shall refer to any one of the following events: (i) Customer files a voluntary petition in bankruptcy or an involuntary petition is filed against Customer; (ii) Customer is adjudged bankrupt; (iii) a court assumes jurisdiction of the assets of Customer under federal reorganization act; (iv) a trustee or receiver is appointed by a court for all or a substantial portion of the assets of Customer; (v) Customer becomes insolvent or suspends business; or (vi) Customer makes an assignment of its assets for the benefit of its creditors. Termination by ENZU shall not preclude ENZU from pursuing any other rights or remedies available to it, at law or in equity.
Routine maintenance and periodic system repairs, upgrades, and reconfigurations may result in temporary impairment or interruption in Service(s). As a result, ENZU does not guarantee continuous or uninterrupted Service(s) and reserves the right from time to time to temporarily reduce or suspend Service(s) without notice subject to the terms and conditions of the applicable SLA.
Customer shall indemnify, defend and hold ENZU, its affiliates, officers, directors, licensees, licensers, and vendors harmless from any and all claims, losses, damages and expenses, including, without limitation, reasonable attorney's fees and court costs, or liabilities arising from or related to (i) Service Misuse or a violation of any other provision of this Agreement; (ii) any claim of infringement of any intellectual property or other proprietary interest based on the possession or use of any Service(s), software or equipment furnished to Customer or Customer's end-user(s) and/or customer(s); (iii) any claim that Content, or the manner in which Customer or Customer's customer(s) and/or end user(s) make use of the Service(s), constitutes an infringement of any patent, copyright, trademark, trade secret, or other right of any third party; (iv) any acts or omissions of Customer, its employees, agents, contractors, invitees, licensees, visitors, and/or customer/end-users; and/or (v) any injury or damage to the person, property, or business of ENZU, its employees, agents, contractors, invitees, licensees, visitors, and/or customer(s)/end-user(s).
This Agreement shall not become a binding obligation of ENZU until it has been executed by an officer of ENZU. The parties agree that any dispute arising under this Agreement shall be governed by and construed in accordance with the laws of the State of California, except for its principals for resolving conflicts of law. The parties agree that any disputes arising under this Agreement shall be resolved in the state or federal courts of the State of California.
Customer may not assign this Agreement or any portion hereof without ENZU'S prior written consent, which consent shall not be unreasonably withheld, provided that Customer may assign this Agreement or a portion thereof (i) in the event of a merger in which the party is not the surviving entity; (ii) in the event of a sale of all or substantially all of its assets; or (iii) to any party that controls, is controlled by or is in common control with such party (provided further that in the event of an assignment to any such party by Customer, the assignee must be of equal or better creditworthiness as Customer, as determined by ENZU in its sole discretion). Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
Except for additional Service(s) to be ordered by a Service Order and/or Service Addendum, this Agreement may be modified only by a written instrument executed by both parties.
Any notice required to be given hereunder shall be in writing and shall be deemed to have been delivered when deposited in the United States mail (registered or certified mail), return receipt requested, with adequate postage affixed, or delivered to a national overnight courier service and addressed to the persons set forth herein. Notice for monetary default may be sent by e-mail, facsimile, or other written format.
TO ENZU: ENZU Inc. Attention: Legal Notifications 10120 S Eastern Ave #248 Henderson, NV 89052 TO CUSTOMER: To the address listed on the Order Form
Except for the obligation to make payments for Service(s) rendered, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including but limited to, acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, acts of government, failure of the Internet, terrorist acts, failure of third party(ies), utility power failure, or failure of communication lines.
In the event any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
ENZU'S failure to insist upon or to enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
The terms, representations, warranties and agreements of the parties set forth in this Agreement are not intended for, nor shall they be for the benefit of or enforceable by, any third party, including without limitation, Customer's end users.
In the event of a conflict between or among the terms in this Agreement, the Service Order(s), the Service Addenda, and any other document made a part hereof, the documents shall control in the following order unless otherwise specifically set forth in a Service Addendum: the Service Order with the latest date, the AUP, the Service Addendum, this Agreement.
Customer shall not use, in advertising or publicity or in any way related to this Agreement or the subject matter hereof, the name of ENZU, its affiliates or any of its directors, officers, managers, employees, consultants or agents or any trade name, trademark, service mark, logo or symbol of ENZU or its affiliates, except with the express prior written consent of ENZU. ENZU may disclose as part of its promotional activities the fact that Customer is obtaining Service from ENZU.
This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original for all purposes hereof. This Agreement contains the entire agreement of the parties hereto with respect to the matters covered hereby and supersedes any other prior or simultaneous agreement related to such matters.