Contingent upon Phoenix NAP’s acceptance of an Order and subject to the terms of the MSA, Phoenix NAP agrees to use reasonable commercial efforts to provide the Services subject to the terms of the Service Level Agreements. Phoenix NAP retains the right to reject the request for Services by any individual or entity in its sole discretion. Client agrees to pay all charges in advance for the service selected by the Client in the Client Order Information form that is incorporated in these terms and conditions by reference including all monthly fees, additional product charges, and optional charges incurred by the Client. Payment may be made by check, PayPal, Wire, or credit card. If Client elects to utilize our Auto Charge feature, Client agrees to allow Phoenix NAP to charge the Client’s credit card in advance each month. Client hereby authorizes us to automatically charge any amounts the Client owes to Phoenix NAP to any credit card provided by the Client. Client also agree that at any time after the 1st of the month, Phoenix NAP may prorate the next invoice to reflect a full month’s charges plus a sufficient number of days to have all subsequent billing periods start on the first of the month. The Third Party Services are provided by the relevant Third Parties and Phoenix NAP is not responsible for the provision of Third Party Services.
Client must be at least 18 years of age or otherwise have the legal capacity to order Services. If Client is ordering Services on behalf of an employer, company, or other legal entity, Client represents and warrants that it has the legal right and authority to order Services and be bound to this MSA.
Ordering and Modification of Services
Client may order Services and all upgrades to such Services through the Client Portal or as otherwise designated by Phoenix NAP. Phoenix NAP may accept such Orders in its discretion and shall give notice to Client of acceptance of such Order through the Client Portal. For downgrades or cancellation of Services, Phoenix NAP requires a written cancellation notice by cancellation ticket through email@example.com in accordance with the procedures in the Client Portal and through the Client Portal a minimum of 24 hours prior to 00:00:01 CST (GMT-7) on the Anniversary Billing Date for downgrades or discontinuance of Services. The failure to provide the required 24 hours written notice will result in the downgrade or discontinuance of Services being effective on the following Anniversary Billing Date and Client will be charged for the Services during the relevant Renewal Term. Any Services cancelled prior to such 24 hour period will remain accessible to Client until the automated process reclaims the server on the Anniversary Billing Date.
Subject to the terms and conditions of this MSA (including the Term), Phoenix NAP grants Client a non-exclusive, nontransferable, non-sublicense able (except to the extent required to exercise rights under Section 3(b) (ii.), revocable right in the Services solely to: (i) use and access the Services for internal purposes; and (ii) use the Services to create, offer and provide the Client Offerings.
Client agrees to do each of the following:
To the extent Client orders Third Party Services under TPS Agreements, Phoenix NAP is not responsible for such Third Party Services and the provider of the Third Party Service is solely responsible for providing such Third Party Services.