Terms of Service

Published and effective on: May 17, 2024

Terms of Service (TOS)

This Terms of Service Agreement (this "Agreement") and the Acceptable Use Policy ("AUP") govern your purchase and use of all Syncrypted services. By registering for and using Syncrypted's services, you agree to comply with the terms of this Agreement and the AUP.

1. Limitation of Liability

You acknowledge and agree that Syncrypted has no control over or responsibility for the content transmitted through Syncrypted's network. We do not monitor customer activities unless we receive a direct abuse complaint, in which case we will address the issue promptly. Customers must resolve any issues within the specified timeframe to avoid service suspension or termination. Syncrypted may monitor customer traffic solely for service management and statistical purposes and reserves the right to temporarily restrict service to ensure proper functioning for other customers.

2. Disclaimed Warranties

Syncrypted provides its services on an "as-is" basis and does not guarantee uninterrupted service or uptime.

2.1. Availability of Services

Syncrypted will use commercially reasonable efforts to ensure that Services are available and operational. However, we do not guarantee uninterrupted service and cannot be held responsible for downtime caused by factors outside of our control (e.g., power failures, network outages, third-party failures).

2.2. Uptime Guarantee

Syncrypted may offer an uptime guarantee, typically covering critical infrastructure (e.g., power, cooling, and network connectivity). This guarantee excludes downtime caused by maintenance, customer configurations, or third-party failures.

3. Data Security and Backup

You are solely responsible for the configuration, management, and backup of your server(s) unless you have subscribed to managed services. Syncrypted is not responsible for any data loss.

4. Access to Data Center and Services

4.1. Remote Access

Depending on your service subscription, you may access your server remotely through secure connections like KVM over IP. You are responsible for securing your remote access credentials and ensuring the safety of your systems.

4.2. SLA

Syncrypted may offer on-site support for server management tasks (e.g., reboots, hardware replacements) as part of your service package or for an additional fee.

5. Maintenance and Downtime

5.1. Scheduled Maintenance

Syncrypted may schedule routine maintenance or upgrades to maintain optimal service performance. Reasonable efforts will be made to provide prior notice of scheduled maintenance, though immediate service interruptions may occur without notice in certain situations.

5.2. Emergency Maintenance

In the event of unforeseen issues (e.g., hardware failure, security vulnerabilities), Syncrypted may perform emergency maintenance to protect the services. This could result in unscheduled downtime, and Syncrypted will notify you as soon as possible.

6. IPv4 /27 Subnet Allocation

Subnet allocations may be subject to specific conditions, particularly for new customers or those without a prior leasing history. Syncrypted reserves the right to change or modify the allocation process as needed.

7. Fees and Payment Terms

7.1. Prepayment

All services are set up on a prepay basis. Although Syncrypted reserves the right to adjust service prices, all pricing is guaranteed for the period of prepayment. Invoices will be sent via email shortly after the online purchase is made.

7.2. Payment Obligations

Invoices are generated on a 14-day basis, prior to the 1st of each month. Syncrypted reserves the right to immediately terminate services if payment is not received by the due date.

7.3. Late Payments

Payments not received by the due date will incur a late fee of 5% of the outstanding balance.

7.4. Refunds

All payments are non-refundable but may be applied as account credit. Partial refunds may be issued within 30 days for unused service terms, provided the customer submits proof of dissatisfaction from their registered email.

7.5. Cancellations

Customers may cancel services at any time before the next billing cycle.

8. Pro-Rated Billing

For new orders, billing includes a full charge at the time of purchase, followed by automatic renewal on the 1st of the following month, and a prorated charge upon renewal. From then on, customers will be billed on the 1st of each month. All monthly services are charged on a pro-rated basis.

9. Price Changes

Syncrypted reserves the right to modify pricing and make changes to account plans without prior notice. However, any price increase will not affect active accounts during the current billing period.

10. Updates to These Terms

Syncrypted reserves the right to update these Terms of Service at any time. Updates will be communicated via email or posted on our website. By continuing to use our services, you agree to the updated terms.