Terms and Conditions

PCS International Cloud Solutions 
STANDARD TERMS AND CONDITIONS

These standard terms and conditions ("Terms and Conditions") together with the Proposal ("Proposal") which incorporates by reference these Terms and Conditions establish the provisions of the agreement ("Agreement") between PCS International and Customer. All terms with initial capital letters used herein but not otherwise defined shall have the respective meanings set forth in the Proposal.

1. Services.
PCS International agrees to provide the following services (individually and collectively the "Services") to Customer where such Services are specified and ordered by Customer on the Proposal:

PCS HostIT - Domain Name Hosting: Domain name record hosting and management for Customer owned domain name.

PCS HostIT - Domain Name Reservation: Domain name reservation and management on behalf of Customer.

PCS HostIT - Full Domain Management: This is a combination of the Domain Name Hosting and Domain Name Reservation Services above.

PCS HostIT - Web Site Hosting: Web Site Hosting is a web based application that hosts Customer websites with features that customer controlled management, ftp access, and web-based access to information, and support for data storage.

PCS HostIT - Platinum Web Site Hosting: This is a combination of the Web Site Hosting and Domain Name Reservation Services above.

PCS HostIT - Titanium Web Site Hosting: This is a combination of the Platinum Web Site Hosting, higher bandwidth and storage limits, and SQL Server access for Customer website.

PCS HostIT - Standard SSL: SSL Encryption certificate hosting and management for a single Customer subdomain name for use at a single server.

PCS HostIT - Deluxe SSL: SSL Encryption certificate hosting and management for a multiple Customer subdomain names for use at a single server.

PCS HostIT - DDNS (Dynamic Domain Name Services): A hosted DDNS record and management for use when Customer ISP does not support a static IP assignment.

PCS HostIT - File Server: Hosted File Server provides real time data storage and access on a shared server in PCS International's owned or leased data center..

PCS HostIT - Application Server: Hosted File Server provides real time data storage and access on a dedicated server in PCS International's owned or leased data center. Customer may install custom applications.

PCS HostIT - Colocation Services: Customer provided server is placed in one of PCS International's owned or leased data centers with internet access.

PCS StoreIT:  PCS StoreIT includes a local application which transmits data to a hosted offsite encrypted data center and allows data recovery.

PCS CleanIT: CleanIT provides Antispam and Email Antivirus pre-filtering of all Customer emails prior to delivery to Customer email server.

PCS MonitorIT: Monitoring services for status and health of IP based devices and provides alerts and reporting of activity.

PCS MailIT Silver - Hosted POP3 Email: Hosted POP3 Email is a web and Pop3 based application that hosts pop3 email and web-based access to information and support for data storage.

PCS MailIT Gold - Hosted Exchange 2003: Hosted Exchange 2003 is a web based application that hosts Microsoft Exchange 2003 with features that include electronic mail, calendaring, contacts, tasks, support for mobile and web-based access to information, and support for data storage.

PCS MailIT Platinum - Hosted Blackberry Enterprise Server (and Hosted Exchange 2003): Hosted Blackberry Enterprise Server is an application that hosts the Research in Motion Blackberry Enterprise Server (v4.1.4) with features that include electronic mail, calendaring, contacts, tasks, support for mobile and web-based access to information, and support for data storage in addition to all the features of PCS MailIT Gold above.

2. Payment/Pricing.
PCS International will commence billing and Customer agrees to pay for the Services as of the Effective Date on the Proposal. PCS International shall invoice Customer as provided in the Proposal and on the frequency designated in the Proposal. All invoices shall be due and payable on receipt. Invoices shall be deemed delinquent fifteen (15) days after the invoice date, delinquent payments shall bear interest at the rate of one-and-one-half percent (1.5%) per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. PCS International reserves the right to suspend or restrict access to the Services without notice until Customer pays all past due amounts. Customer shall pay PCS International the fees in the amount and on the terms specified in the Agreement, free and clear of, and without any reduction for, any and all taxes. Customer shall pay any duties and taxes, including sales, use, personal property, value-added, excise, customs fees, import duties or stamp duties imposed by governmental agencies of whatever kind and imposed with respect to this Agreement. All fees and remittances will be in United States Dollars and are quoted as "cash discount". Pricing shall not increase during the Initial Term (as hereinafter defined). After the Initial Term, PCS International may increase the prices for the Services by an amount equal to or less than the than the increase in the Consumer Price Index as promulgated by the United States Department of Labor Bureau of Labor Statistics for All Urban Consumers in the Los Angeles-Riverside-Orange County, CA MSA since the Effective Date.

4. Term.
The Agreement shall become effective and commence on the Effective Date and shall continue in full force and effect for the period specified in the Proposal (the "Initial Term"). Upon the expiration of the Initial Term, the Agreement shall automatically renew for additional successive terms of one (1) year (each a "Renewal Term"), unless either party notifies the other in writing at least thirty (30) days prior to the conclusion of the then-current term of its election not to renew the Agreement. The Initial Term and all Renewal Terms are collectively referred to as the "Term."

5. Cancellation.
The Agreement may be terminated by either party upon thirty (30) days written notice to the other party if: (i) either party breaches any material duty, obligation or covenant contained in the Agreement and, to the extent such breach is capable of being remedied, such breach continues un-remedied for thirty (30) calendar days following notice thereof from the non-breaching party to the breaching party or (ii) a party files a voluntary petition in bankruptcy or insolvency or a petition for reorganization under any bankruptcy law, a party consents to any involuntary petition in bankruptcy or if a receiving order is given against such party under any bankruptcy law, or an order, judgment or decree is entered by any court of competent jurisdiction, upon the application of a creditor, receiver, trustee or liquidator of all or a substantial part of a party's assets, and the same has not been discharged or terminated without prejudice to the other party's rights under the Agreement within thirty (30) calendar days. Other than as expressly provided elsewhere in the Agreement, such termination shall be Customer's sole and exclusive remedy in case of a material breach of the Agreement by PCS International. If the Customer terminates without cause during the Initial Term, or otherwise breaches the Agreement, all waived costs, discounts, promotions or inducements shall become immediately due and payable.  

If termination is made before the end of the term, refunds must be explicitly requested in writing and will be processed 30 days after acceptance under the following terms:

PCS HostIT - Domain Name Hosting
There is no refund available for early termination.

PCS HostIT - Domain Name Reservation
There is no refund available for early termination.

PCS HostIT - Full Domain Management
There is no refund available for early termination.

PCS WebHostIT - Web Site Hosting
Refunds will be 67% of any unused quarters left in the term. No refund for partial quarters.

PCS EncryptIT - SSL / UCC Certificate
There is no refund available for early termination.

PCS ServerHostIT - Application Server
Refunds will 50% for any unused months left in the term.  No refund for partial months.


PCS ColocateIT - Colocation Services
Refunds will 50% for any unused months left in the term.  No refund for partial months.

PCS StoreIT
Refunds will 50% for any unused months left in the term.  No refund for partial months.

PCS CleanIT
Refunds will be 67% of any unused quarters left in the term. No refund for partial quarters.

PCS MonitorIT
Refunds will 50% for any unused months left in the term.  No refund for partial months.

PCS MailIT - Hosted Email
Refunds will be 67% of any unused quarters left in the term. No refund for partial quarters.

PCS ReportIT
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PCS RestoreIT
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PCS ScanIT
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PCS SecureIT
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PCS ShareIT
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PCS TrackIT
User Cancellation
Account Cancellation 

 

6. Customer Obligations.
Customer shall have the following obligations, in addition to those set forth elsewhere in the Agreement: (i) Customer is and will remain solely responsible for complying with all laws, rules and regulations regarding the management and administration of its electronic messaging system; (ii) Customer agrees to be solely responsible for maintaining the confidentiality and security of Customer access information, such as accounts, passwords and other account identifiers which Customer chooses or is assigned as well as all activities that occur under such accounts, passwords and other account identifiers; (iii) Customer acknowledges and agrees that PCS International's responsibilities and liability do not extend to the internal management or administration of Customer's electronic messaging system or messages; (iv) Customer agrees that it shall not solicit or obtain orders or resell the Services, (v) Customer agrees that it shall not sublicense, distribute, sell, lease, rent, loan, or otherwise transfer the Services to any third party; (vi) Customer agrees that it shall not modify, adapt, alter, translate, or create derivative works from the Services, (vii) Customer agrees that it shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Services; (viii) Customer agrees that it shall not remove or alter any copyright or any other proprietary rights notice included in the Services; (ix) the Services are for use with normal business use only, and may not be used for any other purpose; (x) Customer agrees to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the United States Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control; and (xi) Customer agrees to comply with PCS International's Acceptable Use Policy existing as of the Effective Date.  

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