Customer agrees to the following terms of service:
1. Term: Customer agrees to a month to month contract term for services unless otherwise agreed to at time of initial order. The minimum length of subscription service is one month. The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer by entry of a support ticket. All accounts are subscriptions and continue until cancelled by support ticket according to the cancellation policy described herein. By continuing with your original order, you have agreed to these terms. You cannot continue with a services order on our system without clicking the agreement acceptance.
2. Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
3. Upgrade Fees: Upgrades ordered on the billing anniversary date will be billed for a full month service and will continue each month on the anniversary date. Upgrades ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees
added to your existing anniversary billing date.
4. Additional Service Fees: Additional services ordered on the billing anniversary date will be billed for the full month service and will continue each month on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time prorated charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.
5. One Time Fees: One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.
6. Service Credits: Service credits will be issued to your Customer account and shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other account holders.
7. Cancellation: The Company requires a three (3) day written cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services by entry of a support ticket on our support system. Failure to supply the requisite three (3) days written notice of cancellation will result in a full billable monthly cycle prior to cancellation. Notice of written cancellation is required through our support ticket system located at https://secure.trinitygames.com/support or by link from our main page at http://www.trinitygames.com. If you no longer have access to a computer or the Internet, notice of cancellation may also be mailed via USPS First Class or overnight courier to Trinity Gaming, Attn: Cancellations, 10097 Cleary Blvd., #175, Plantation, Florida, 33322, United States. All customer data remaining after the cancellation date will be destroyed for security and privacy reasons. Email cancellations are not accepted for security reasons. When your cancellation is received, you will be emailed a Cancellation Confirmation number, which is in the following syntax "CX#XXXXXX" where XXXXX is the ticket number where you entered the cancellation request. In the cancellation ticket, we will confirm the last date of service and that further billing has been removed from our system. If you use a third party payment system such as PayPal subscriptions, you must also cancel that subscription with the third party.
A cancellation confirmation number is entered for every cancellation request and is your sole proof of cancellation. To restate: You must enter a support ticket for cancellation and you will receive a support ticket number and cancellation confirmation number as proof of cancellation. For your account safety, cancellations are not accepted by email or telephone.
8. Refunds & Disputes: All services rendered by The Company are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an accounting ticket inside the support ticket system located at https://secure.trinitygames.com/support. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $100 and will be subject to collection by an authorized collection agency.
9. Non-Payment: All payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. Failure to remit payment for five (5) consecutive days, including the anniversary date, shall result in a termination of public access to Customer services and all services shall be reclaimed. A late fee of 2% or $5, whichever is greater, will be incurred for failure to remit payment for services on or before the monthly anniversary date. A $10 reconnect fee will be incurred for failure to remit payment for services after access has been disconnected. All Customer data remaining after seven (5) days of non-payment may be destroyed for security and privacy reasons.
10. Data: The Company agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.
11. Identity Use: Customer agrees to use The Company logo, Company information, and related services in accordance to the approved marketing guidelines. Company agrees not to use Customer name, logos, or information without prior written consent of Customer.
12. Laws: Customer agrees to abide by all local, state, and federal laws pursuant to services delivered in Plantation, Florida, United States of America. Proper venue for legal remedies shall be Broward County, Plantation Florida. All contact terms found herein shall be bound by Florida State Law or the Uniform Commercial Code whichever may be applicable.
13. Mutual Indemnification: Each party agrees to indemnify and hold harmless the other party, the other party's affiliates, and each of their respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party's actual or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.
14. Limitation of Liability: Except as described in the SLA, The Company shall not be liable to Customer for harm caused by or related to Customer's services or inability to utilize the services unless caused by gross negligence or willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding anything else in this agreement, the maximum aggregate liability of The Company and any of its employees, agents or affiliates, under any theory of law shall not exceed a payment of money not to exceed the amount paid by the customer for hosting services for the six moths prior to the occurrence of the event(s) giving rise to the claim.
15. At the sole discretion of Trinity Gaming, any controversy or claim arising from service or related to this contract or breach therein in excess of $500.00 may be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction. Otherwise, all incidents of controversy or claim shall be settled at the venue of Broward County, Florida, United States.
16. Electronic Signature: Acceptance of the Master Service Agreement incorporating the Terms of Service, Acceptable Use Policy, Service Level Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.
17. Colocation Terms - Lien in Customer Equipment
Items 17 and 18 related to Terms of Service specific to Colocation ("Colocation Terms") or simply ("Terms"), herein.
In addition to Trinity Gaming's rights as set out in the documents included in the Master Agreement, specifically these Terms of Service, Customer grants, and Trinity Gaming reserves, a lien in all Customer Equipment placed for service at any facility area which is deemed as an area of control of Trinity Gaming, as security for Customer's obligations under these Terms. In the event that Customer fails to pay all amounts due and payable to Trinity Gaming under these Terms, Customer agrees that Trinity Gaming may:
(a) restrict Customer’s physical access to the Customer Area and Equipment; and/or
(b) take possession of any Customer Equipment and store it, at Customer’s expense at the rate of USD$5/Day, until taken in full or partial satisfaction of any lien or judgment, all without being liable to prosecution or for damages; until payment of any overdue charge or expense in relation to any Co-Location Services is received by Trinity Gaming. At the sole discretion of Trinity Gaming such stored equipment may be sold at auction after 90 days in order to recover any outstanding balances owed to Trinity Gaming for the operation of such equipment. Email and one (1) written letter certified to the Customer suffices as notice for the intent to proceed with the terms in this section.
18. Customer Bound by these Co-Location Terms
By using any Co-Location Services provided by Trinity Gaming, the Customer agrees to be bound by these Co-Location Terms.