This Terms of Service Agreement (“TOS Agreement”) constitutes a valid, binding, and enforceable legal contract by and between you, the “User”, and Geekion.com. (“Geekion”).
Subject to the terms of this agreement, Geekion will provide web hosting services as outlined.
The initial service term of the agreement shall begin on the date that Geekion activates the User’s account. The User will be charged on a monthly basis, where the User’s can opt to renew automatically or manually. Geekion agrees to allow the User to cancel and terminate their services at any time, as long as it’s before the due date.
User shall fully defend, indemnify, pay and hold harmless Geekion and its managers, members, employees, affiliates, attorneys, agents, contractors and licensors for any User violation(s) of this TOS Agreement and for any violation(s) by a sub-User of, client of, customer of, reseller of, user of, sub-user of, or similar party related to, User that results in any loss, damage, cost or expense to Geekion or an Geekion-related party, or in any claim made or threatened against Geekion or an Geekion-related party by any third-party.
Disclaimer of Warranties
Geekion does not warrant or represent that the services will be uninterrupted or error-free. To the extent permitted by Egypt law, Geekion disclaims any and all warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by Egypt law, all of Geekion’s services are provided on an “as is” basis.
Limitation of Damages
Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind arising in connection with the Agreement, even if the party has been advised or should be in aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Geekion and any of its employees, agents or affiliates, under any theory of law shall be a payment of money not to exceed the amount payable by the User for three months of service.
Suspension of Service: User agrees that Geekion may suspend services to User without notice and without liability. This only applies under the following circumstances: 1) Geekion reasonably believes that the services are being used in violation of the AUP; 2) User fails to cooperate with any reasonable investigation of any suspected violation of the AUP; 3) Geekion reasonably believes that the service suspension is necessary to protect the network or other Users. User agrees to pay reasonable reinstatement fee if the service is reinstituted following a suspension of service under this subsection.
Termination the Agreement: The Agreement may be terminated by User prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Geekion fails in a material way to provide the service in accordance with the terms of the Agreement. User must alert Geekion to the failure in writing and in reasonable detail. Geekion has up to 10 (ten) days to provide a remedy to this failure.
The Agreement may be terminated by Geekion under any of the following parameters: 1) If the User is overdue on the payment of any amount due under the Agreement; 2) User violates any provision of the Agreement, including the AUP, and fails to address the violation within thirty days of written notice from Geekion; 3) User is in violation of the Agreement a second time; and 4) User does not provide accurate contact information.
Any party may terminate this Agreement upon written notice of the other party admitting insolvency or filing for bankruptcy.
Requests for User Information
User agrees that Geekion may, without notice to User, 1) report to the appropriate authorities any conduct by User or any of User’s customers or end users that Geekion believes violates applicable law, and 2) provide any information that has about User or any of its users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
User agrees to maintain a copy of all content hosted by Geekion notwithstanding any allowances made by Geekion in this Agreement to provide back-up services.
Fees: Fees are paid on the first date of the new billing cycle. Invoices will be generated five (5) days before the due date, with a reminder being sent three (3) days before the due date. Geekion will send the User an overdue reminder one (1) day after the due date, with a second overdue reminder being sent two (2) days after the due date. Geekion will send a final and third overdue reminder three (3) days after the due date.
Users can choose to renew their account automatically by selecting the option when placing their first order. Users can also opt to manually pay their fees. If a User has a credit balance on their account, Geekion will automatically apply the credit toward the newest dues. If a User does not pay their fees within three (3) days of the billing date, Geekion will automatically suspend the account. Geekion reserves the right to terminate a User’s account at anytime if the balance is left unpaid.
Fee Increases: Geekion reserves all rights to increase service fees. User can accept the fee increase by renewing their account. If the User does not accept the fee increase, they can cancel/terminate their account with Geekion.
Taxes: Geekion does not charge Users taxes of any kind.
Early Termination: User acknowledges that the amount of the fee for the service is based on the User’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Geekion terminates the Agreement for User’s breach of the Agreement, or Customer terminates the service other than in accordance with Termination requirements for Geekion’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
Refunds: Geekion offers a 7-day moneyback guarantee. A claim may only be made within the first 7 days starting from the Service Commencement date. The 7-day refund does not cover added-on fees, including backup software, domain name registration, etc. Geekion reserves the right to refuse the moneyback guarantee if it believes that a User is abusing the refund policy that’s been offered in goodwill or if the User is abusing Geekion’s Terms of Service.
User agrees to use the service in compliance with applicable Egypt law and Geekion’s AUP at http://geekion.com/about/policy/. User agrees that Geekion may amend this AUP without advanced notice. Amendments to the AUP are effective immediately. User agrees to cooperate with Geekion’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Geekion and User regarding the interpretation of the AUP, Geekion’s commercially reasonable interpretation of the AUP shall govern.
User represents and warrants to Geekion that the information he, she, or it has provided and will provide to Geekion for purposes of establishing and maintaining the service is accurate. By using Geekion, Users agree that they are over the age of 18.
Geekion shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Geekion’s control, including, without limitation, signification failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
The laws of the Egyptian Government (Egypt) shall govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts located in Egypt when these terms take effect.
User agrees to cooperate with Geekion’s reasonable investigation of any suspected violation of the AUP and Terms of Service. Geekion’s services are physically hosted in the Netherlands. Geekion will not allow any illegal activities of any kind. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not.
Neither party will represent itself to be the agent of the other. Users may not transfer the Agreement without Geekion’s prior written consent. Geekion may assign the Agreement in whole or in part. Users who are found to be in abuse of these Terms of Service will immediately have their accounts suspended.