Terms of Service for OG Cloud Solutions, LLC
Effective as of August 18. 2023.
Welcome to DriftWP
1. Agreement to Terms
By accessing or using the services provided by OG Cloud Solutions, LLC ("Company", "we", "us", or "our"), including services accessed via our website, through email, or in writing, you ("Customer", "you", or "your") agree to be bound by these Terms of Service ("Terms"). These Terms govern your use of the services provided by OG Cloud Solutions, LLC, including any content, functionality, and services offered on or through [Insert Website URL] (the "Website").
2. Service Provision
You agree to purchase the services requested via the Website, email, or in writing. You may add services using any of these methods and agree to pay in advance for them, whether they be one-time charges or recurring monthly fees.
3. Changes to the Agreement
No changes to this agreement shall be binding except those in writing and counter-signed by both parties. Any deviations in pricing shall be agreed to in writing. Confirmation via email by both parties shall suffice.
4. Invoices and Payment
- We will invoice you for fees and expenses associated with the services provided monthly. However, we may invoice you immediately upon provision of services requested specifically by you.
- You acknowledge that we may invoice certain services, including telecommunications services, in advance.
- Payment is due immediately upon the invoice date for recurring monthly services, regardless of whether you have received an invoice.
- Unpaid invoices fifteen (15) days after receipt will incur a late fee of 10%. Services may be terminated for non-payment after 30 days at our discretion.
5. Refunds and Cancellation
- All payments to OG Cloud Solutions, LLC are nonrefundable, except under specific conditions such as a 30-day money-back guarantee or for remaining funds on a prepaid annual term within 90 days of sign-up.
- Cancellation requests must be submitted via our ticketing system at https://my.driftwp.com/ Requests via phone, email, fax, or other methods will not be accepted. Only the authorized account holder may cancel the account. All past due invoices must be settled before processing a cancellation request.
- You must submit a notice of cancellation seven (7) days prior to your next billing date to avoid charges for the next period.
6. Overages
- Disk Space: Charges for disk space usage exceeding the package allowance will be billed at $2.00 per Gigabyte.
- Visitor Overages: Charges for unique visitor counts exceeding the package allowance will be billed at $1.00 per 1,000 visitors.
- Bandwidth Overages: Charges for bandwidth usage exceeding the allowance will be billed at $0.08 per Gigabyte.
7. Term and Termination
- The term of this Agreement begins on the date the service package is purchased and is available to the customer. It will continue for 1 month and renew for successive 1-month terms unless terminated by either party with thirty (30) days prior written notice, or upon the expiration or termination of all Services set forth in the Statement of Work and all Work Orders.
8. Termination Due to Breach
- In the event of a material breach by the Customer, we may terminate this Agreement or suspend services by sending written notice, with termination effective five (5) calendar days after notice is given.
9. Effects of Termination
- Upon termination, all services and work orders are also terminated, and you shall pay all fees and expenses incurred through the date of termination. Additionally, all property of each party in possession of the other shall be returned.
10. Warranties
- We warrant that services will be provided in a professional manner. In the case of our breach of this warranty, your remedy shall be for us to repair or replace the non-conforming services. We are not liable for service interruptions not caused solely by our breach of warranty.
11. Customer Warranties
You warrant not to use the services for any unlawful activities, in violation of any laws or regulations, or in a manner that infringes on intellectual property rights or violates privacy rights.
12. Indemnification
You agree to defend, indemnify, and hold harmless OG Cloud Solutions, LLC and its affiliates against any claims or expenses arising from your use of the services or your breach of this Agreement.
13. Limitation of Liability
Our aggregate liability for any damages arising out of this Agreement will not exceed the greater of one thousand dollars ($1,000) or the fees paid by you in the two months prior to the claim.
14. Contact Information
For any questions or notices related to this Agreement, please contact us at:
OG Cloud Solutions, LLC 442 5th Avenue, Suite 1043 Manhattan, New York, NY 10018, United States Email: [email protected] Phone: +13072159909
Acceptance of these Terms constitutes your agreement to be bound by the provisions outlined herein.