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- Parties. This agreement is between DigiTex.com ( PROVIDER ) and the party as specified in the application
- INTERNET Services only. This agreement covers
the INTERNET services only. Not covered by this agreement are the
hardware, the communication lines and/or the software for access
to the INTERNET, although the provider can sell those to the client
subject to a different contract.
- Price change. PROVIDER has the right to change
the price of the services at any time with 30 days notice.
- Start of services. The Services will be activated
usually the same or next working day provided that the CLIENT has
everything to be on the Internet. A schedule will be provided otherwise.
The Schedule for line installation, domain activation, equipment
and software setup and services activation is an estimate only.
- Quality of Services. PROVIDER will make the
best efforts to provide quality and uninterrupted services.
- Fees. CLIENT agrees to pay setup fee, access
fee, usage fee (if any), and web traffic fee (if any). The setup
fee and first payment is due upon sign up. PROVIDER will present
a fee schedule to CLIENT before sign up.
- Collateral. CLIENT's servers and other equipment
located at PROVIDER's premises will be used as collateral for unpaid
bills and penalties. Such servers and equipment will not be released
until CLIENT pays his bills and/or penalties in full.
- Late Payment. Dialup CLIENT agrees to pay
a one time penalty of $6.00 for each account 20 days or more past
Hosting CLIENT agrees to pay a one time penalty of 10% of the amount
due plus 5% per month for delayed payments.
- Billing information updates. CLIENT agrees
to provide to PROVIDER any changes to the billing information promptly.
This includes credit card info, address, phone, checking account
- Acceptable use policy. CLIENT agrees to comply
strictly with PROVIDERS "Acceptable use policy". CLIENT
understands that the services are subject to immediate termination
without compensation for non-compliance with the "Acceptable
use policy". Further, CLIENT will be responsible for the full
amount of any tangible and intangible damages this may cause. PROVIDER
reserves the right to change the "Acceptable use policy"
from time to time to reflect the dynamic nature of the Internet.
"Acceptable use policy" is available on-line any time
or as a hard copy by request only.
- Keep harmless. CLIENT agrees to keep PROVIDER
harmless if CLIENT's actions or non-actions on the INTERNET create
any legal responsibilities.
- Account sharing. CLIENT agrees to keep his
account information confident. PROVIDER shall not be responsible
for lack of privacy, large overtime bills or any other consequences
of account sharing. Sharing of any account is not allowed. PROVIDER
will cancel without any compensation any account used by more than
- Unlimited attended usage. All unlimited attended
dialup-up usage accounts are subject to the following restrictions:
- Right of refusal. PROVIDER has the right to
refuse services to anyone
- LIMITED LIABILITY. PROVIDER shall not be liable
under any circumstances for any special, consequential, incidental
or exemplary damages arising out of or in any way connected with
this agreement or the product, including but not limited to damages
for lost profits, loss of use, lost data, phone bills, communication
lines bills, loss of privacy, damages to third party even if PROVIDER
has been advised of the possibility of such damages. The foregoing
limitation of liability shall apply whether any claims based upon
principles of contract, warranty, negligence or other tort, breach
of any statutory duty, principles of indemnity or contribution,
the failure of any limited or exclusive remedy to achieve its essential
purpose or otherwise. Further, PROVIDER will not censor any content
on the INTERNET. It will be CLIENT's responsibility for the usage
of his account and any consequences of this usage.
- Refunds DigiTex.com offers a 10 day money back satisfaction guarantee.
DigiTex.com will refund service fees and connection fees if user
notifies us within the 10 day limit. (repair work or installation
fees will not be refunded) Refunds will be mailed to address shown
on application within 30 days from customer's termination. No refund
will be made in CASH, no matter how the account was paid. All checks
are required to clear our bank prior to refund. All credit card charges
will be credited to the original credit card used. Refunds issued after
the initial 10 day period will be charged a $25.00 early cancellation fee.
- Cut off period for billing errors. 90 days
cut off period is set for billing error claims. CLIENT agrees that
he has no rights to claim any billing errors for period earlier
than 90 days from the date of the claim. All bills are final after
- Terms. CLIENT can terminate the services with
advance notice in writing only to the billing department by mail
or e-mail billing@DigiTex.net. CLIENT understands that there will
be no reimbursement and no pro-rate if he decides to terminate
the services before the end of a prepaid term, regardless of the
reason for the termination. PROVIDER can terminate this agreement
at the end of a billing period, with a 30 days notice. PROVIDER
can terminate the agreement immediately without any compensation
if CLIENT does not comply with the "Acceptable use policy"
available on-line at this address http://www.digitex.com/usepolicy.htm
- Entire Agreement. This Agreement constitutes
the entire understanding and contract between the parties and supersedes
any and all prior and contemporaneous, oral or written representations,
communications, understandings and agreements between the parties
with respect to the subject matter hereof, all of which representations,
communications, understandings and agreements are hereby canceled
to the extent they are not specifically merged herein. The parties
acknowledge and agree that neither of the parties is entering into
this Agreement on the basis of any representations or promises
not expressly contained herein.
- Modification. This Agreement shall not be
modified, amended, canceled or in any way altered, nor may it be
modified by custom and usage of trade or course of dealing, except
by an instrument in writing and signed by both of the parties hereto.
- Waiver. Performance of any obligation required
of a party thereunder may be waived only by a written waiver signed
by the other party, which waiver shall be effective only with respect
to the specific obligation described therein. The waiver by either
party hereto of a breach of any provision of this Agreement by
the other shall not operate or be construed as a waiver of any
subsequent breach of the same provision or any other provision
of this Agreement.
- Separability. If any provision of this Agreement
shall be unlawful, void, or for any reason, unenforceable, it shall
be deemed separable from, and shall in no way affect the validity
or enforceability of, the remaining provisions of this Agreement,
which shall remain valid and enforceable according to its terms.
- Governing Law. This Agreement was entered
into in the State of Texas, Johnson County and its validity, construction,
interpretation and legal effect shall be governed by the laws and
judicial decisions of the State of Texas applicable to contracts
entered into and performed entirely within the State of Texas.
- Choice of Forum. Any action at law or in equity
arising under this Agreement shall be filed only in Courts of the
State of Texas for the County of Johnson. The parties hereby consent
and submit to the personal jurisdiction of such courts for the
purposes of litigating any such action.
- Authority to Execute. Each of the parties
to this Agreement represents and warrants that it has full power
to enter into this Agreement and that it hasn't assigned, encumbered,
or in any manner transferred all or any portion of the claims covered
by this Agreement.
- Advice of Legal Counsel. Each party acknowledges
and represents that, in executing this Agreement, it has received
advice as to its legal rights from legal counsel and that the person
signing on its behalf has read and understood all of the terms
and provisions of this Agreement. Further, each party and their
counsel have cooperated in the drafting and preparation of this
Agreement. It shall be deemed their joint work product and may
not be construed against any party be reason of its preparation
or word processing.
- Benefit of Successors and Assigns. This Agreement
shall be binding upon and inure to the benefit of each of the parties
hereto, and except as otherwise provided herein, their respective
legal successors and permitted assigns.
- Cumulative Remedies. Except as specifically
provided herein, no remedy made available to either party hereunder
is intended to be exclusive of any other remedy provided hereunder
or available at law or in equity.
- No Partnership or Agency. Nothing in this
Agreement shall be construed as creating a joint venture, partnership,
agency, employment relationship, franchise relationship or taxable
entity between the parties, nor shall either party have the right,
power or authority to create any obligations or duty, express or
implied, on behalf of the other party hereto, it being understood
that the parties are independent contractors vis-a-vis one another.
- No Third Party Beneficiaries. Nothing contained
in this Agreement, express or implied, shall be deemed to confer
any rights or remedies upon, nor obligate any of the parties hereto,
to any person or entity other than such parties, unless so stated
to the contrary.
- Excused Performances. Provider shall not be
deemed to be in default of or to have breached any provision of
this Agreement as a result of any delay, failure in performance
or interruption of the Services, resulting directly or indirectly
from acts of God, acts of civil or military authority, civil disturbance,
war, strikes or other labor disputes and disturbances, fire, transportation
contingencies, shortages of facilities, fuel, energy, labor or
materials, or laws, regulations, acts or order of any government
agency or official thereof, other catastrophes, or any other circumstances
beyond Provider's reasonable control. In the event of any such
delay or failure, the parties shall defer performance of the Services
to a date and time mutually agreeable.
- Captions. The section headings and captions
contained herein are for reference purposes and convenience only
and shall not in any way affect the meaning or interpretation of
- Gender. Where the context so requires, the
masculine gender shall include the feminine or neuter, and the
singular shall include the plural and the plural the singular.
- Recitals. The recitals above set forth are
incorporated herein by reference.
- Arbitration. Any dispute arising under
this agreement shall be resolved by binding arbitration under the
rules of the American Arbitration Association.