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Customer agrees to a month-to-month contract term for services unless otherwise agreed in writing. The month-to-month contract for services is automatically renewed each month in perpetuity, subject to written cancellation by the Customer. Please carefully review RDP ONLINE LIMITED cancellation policy set forth in the paragraph below. RDP ONLINE LIMITED may terminate this Agreement upon non-payment as set forth in the paragraph below. At its sole discretion, RDP ONLINE LIMITED may terminate this Agreement if the Customer violates any terms and conditions of RDP ONLINE LIMITED’s Acceptable Use Policy (AUP) or this Agreement.
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 (“Anniversary Billing 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.
Upgrades ordered on the Anniversary Billing Date will be billed for a full month of service and will continue each month on the Anniversary Billing 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.
Additional services ordered on the Anniversary Billing Date will be billed for the full month of service and will continue each month on the Anniversary Billing 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 pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
One-time fees, such as setup fees, administrative fees, and late fees, are due and payable at the time they are incurred and/or agreed upon in writing or via ticket. One-time fees, such as bandwidth overages, are due and payable upon an invoice following the billing cycle in which they are incurred and are based on standard rates, or as otherwise agreed upon in writing or via ticket.
The standard rate for bandwidth overages is: USD 3 per TB used.
All services are billed in USD. Customers are solely responsible for any applicable taxes in their jurisdiction.
As a convenience to our customers, we provide all services priced in USD. However, RDP ONLINE LIMITED may procure certain components (such as bandwidth connectivity, colocation services, etc.) from vendors priced in alternate currencies. As a result, RDP ONLINE LIMITED reserves the right to raise or lower the monthly costs of services provided to our customers based on severe changes in exchange rates between USD and other major currencies. RDP ONLINE LIMITED will provide the customer with 30 days’ notice of such price changes. In the event that the customer does not agree to the price change, the service will be canceled at the next billing cycle.
Service credits will be issued to the Customer’s account and shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor shall they be transferable to other account holders. Service credits shall expire if the Customer’s account is fully terminated.
RDP ONLINE LIMITED requires a written cancellation notice via email to office@kryptos.pro, at least 3 days prior to the Anniversary Billing Date for discontinuance or downgrades of month-to-month services. Failure to provide the requisite 3-day written notice of cancellation will result in a full billable monthly cycle prior to cancellation. Any server cancellation prior to the minimum deadline will remain online until the automated process reclaims your server on the Anniversary Billing Date.
All customer data remaining after the cancellation date will be destroyed for security and privacy reasons.
During the course of business, RDP ONLINE LIMITED may lease equipment from third-party providers. In the event an equipment lease is not renewed by the provider, RDP ONLINE LIMITED will issue a replacement server (dedicated or virtual) of comparable specifications. The client is obligated to migrate to this equipment within 14 calendar days of receiving the new server information. The old server will remain active during this 14-day transition period.
All payments are due in full on the Anniversary Billing Date. Failure to remit payment for one (1) consecutive days, including the Anniversary Billing Date, shall result in termination of access to Customer services. Failure to remit payment within three (3) consecutive days, including the Anniversary Billing Date, shall result in complete termination and all services shall be reclaimed. A late fee of $25 may be incurred for failure to remit payment for services on or before the monthly Anniversary Billing Date.
RDP ONLINE LIMITED agrees to use best efforts and commercially reasonable practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, RAID arrays, network-attached storage, storage area networks, operating system installs/reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.
RDP ONLINE LIMITED provides services from Hong Kong. Customer agrees to abide by all applicable laws pursuant to services delivered in Hong Kong. This Agreement is governed by and construed in accordance with the laws of Hong Kong without regard to conflict-of-law principles. Exclusive venue and jurisdiction for any legal remedies arising out of or related to this Agreement shall be in Hong Kong. Each party irrevocably consents to the foregoing jurisdiction and venue requirements and waives any objections thereto.
Customer agrees to indemnify and hold harmless RDP ONLINE LIMITED, its affiliates, and its respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, expenses, and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any theory of legal liability arising out of or related to customer content, illegal activity, and/or actual or alleged infringement of a third party’s copyright, trade secret, patent, trademark, or other proprietary right.
Except as described in the Service Level Agreement (SLA), RDP ONLINE LIMITED shall not be liable to the 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. RDP ONLINE LIMITED shall not be liable to Customer for lost profits, indirect, special, incidental, consequential, or punitive damages. Notwithstanding anything else in this Agreement, the maximum aggregate liability of RDP ONLINE LIMITED and any of its employees, agents, or affiliates, under any theory of law, shall not exceed the amount paid by the Customer for hosting services for the three (3) months prior to the occurrence of the event(s) giving rise to the claim.
Customer represents and warrants that they have full authority and power to execute this Agreement on behalf of the company they represent, if any. Additionally, Customer warrants that they are at least 18 years of age and are not otherwise legally incapacitated to execute this Agreement.
Acceptance by Customer of the Agreement incorporating the Terms of Service, Acceptable Use Policy, Service Level Agreement, and Privacy Policy 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.