Policies

Account Profile Management & Billing Policies

All customers are required to maintain accurate contact information including a regularly checked e-mail address. IntuitSolutions will use the e-mail address for online billing and general information purposes. IntuitSolutions will not share customer information with any third party as outlined in our Privacy Policy above.

IntuitSolutions will provide customer service and technical support to those clients who consistently pay on time and follow the billing policies. Below are our billing policies.

Project Payments:

Customers that DO NOT host their site with IntuitSolutions, who have a total project value of less than $1,000 dollars must pay 100% of their total project cost upfront.

Customers that DO NOT host their site with IntuitSolutions, who have a total project value of $1,000 or more, must pay a 50% deposit up front. The remaining balance is due when the code is completed to quote, and If applicable revisions are requested.

Hourly Rates:

IntuitSolutions will charge $95 dollars per hour for design, programming and advanced support. Work orders, quote agreements completed and advanced support time will be billed to the credit card we have on file. A paid invoice will be emailed to the customer contact information email address when the transaction is processed.

Backup File Creation:

For JAR File requests, we charge a one-time fee of $95 dollars. For tape backup requests, we charge a one-time fee of $95 dollars.

Monthly Service Fees and Outstanding Balances:

Hosting fees are not prorated. Unless otherwise noted on your signed agreement, your first hosting charge is due the day we provision your site, and the first of every month thereafter.

Payments for monthly site hosting services are due on the first of each month. All payments will run automatically and an email confirmation will be sent to the client. IntuitSolutions offers the following payment methods: Visa, MasterCard and American Express credit cards. No other payment methods will be accepted.

If a recurring credit card transaction is declined or does not settle by the 3rd of the month, a courtesy late-notice support ticket will be opened. It is the customers responsibility to keep their billing information updated. Accounts receiving late notices will be marked ‘past due’ on the 7th of the month. Past due accounts must be settled in order for the client to be eligible for Customer Support.

Any communication regarding outstanding balances will be documented on the support ticket we open on your behalf. Past due accounts will be suspended on the 15th day of the month. A $95.00 reactivation fee will be charged to reactivate suspended accounts.

Account Suspension:

Suspended accounts not paid in full by the last business day of the month will be deleted and sent to a third party collection agency. A $95.00 collections fee will be added to any unpaid balance due. Accounts 30-days or more past due may be subject to interest at the rate of 1.5% per month until paid in full. When an account is deleted, all email, web pages or any other data on the servers will be lost and will not be recoverable. IntuitSolutions assumes no responsibility to save for Customer, archive for Customer or deliver to Customer any data files deleted for non-payment. To reactivate service, customers of deleted accounts must bring past due balances, including interest and collection fees current before signing up as a new customer.

Cancellations:

Unless there is an agreement in place that states otherwise, customers may request to cancel services at anytime; however a 30 day, written cancellation request is required. This can be submitted via email or via our ticketing system. Cancellation of any accounts by phone will not be accepted. Since all hosting payments are due on the first of each month, hosting cancellation requests must be received 30 days prior to the next scheduled payment. We will answer all cancellation requests promptly, and discuss your final payments etc. at that time. If a written cancellation notice is not received then the service term will renew automatically.

Additional Terms:

1. All dedicated servers or reseller accounts require 60 days written notice prior to subscription renewal date in order to cancel.
2. No Refunds. No refunds on setup and programming fees. No refunds on SSL Certificates or Domain Name registrations or renewals. No refunds for services terminated due to violations of our Terms and Conditions of service or Billing Policies. No pro-ration or refunds for Customers voluntarily canceling monthly, quarterly or annual accounts prior to the expiration of the term.
3. Dedicated Server bandwidth will be billed according to the 95th Percentile Rule. IntuitSolutions will sample average bandwidth utilization every 5 minutes and store those samples for a period of one month. At the end of the month, all data samples are stored from highest to lowest and the top 5% are discarded. The highest remaining data sample will then be referred to as the “95th Percentile” number. This number will then be used as the basis in computing the bandwidth rate for that particular month over the subscribed bandwidth level. Virtual Website and ProStores Hosting account Bandwidth is measured based on total data transfer.
4. If an already billed amount is disputed, IntuitSolutions will make every effort to resolve the dispute in a timely manner. However, the full balance of the bill must still be paid in full by the due date while resolution is pending.
5. Installation of all Secure Socket Layer (SSL) Certificates that are not purchased directly through IntuitSolutions will be billed at our normal hourly fee of $95.00 per hour. A Thawte© SSL Certificate Seal will be installed free of charge for all clients who purchase their SSL Certificate through IntuitSolutions.
6. Recap of key billing dates.
   1. Monthly subscription services are due on the 1st of every month.
   2. All other recurring subscription services are due on the subscription renewal date.
   3. Past due Accounts are tagged on the 7th and denied Customer Service.
   4. On the 15th, Service is automatically suspended for Overdue Accounts.
   5. On the last business day of the month, Suspended Accounts are deleted.
   6. 30 days written notice prior to the subscription renewal date is required to cancel.
   7. Thawte© SSL Certificates must be renewed on the date of purchase annually
   8. Hosting fees are charged the day we provision the site and are due at the first of every month thereafter. We do not prorate hosting fees or change the subscription renewal date from the first of the month to the provision day.

Terms, Conditions, and Acceptable Use Policies

These are the Terms and Conditions and Acceptable Use Policies for use of the Internet services provided by IntuitSolutions. By accessing services from IntuitSolutions, you (Customer) agree to abide by these terms and conditions. We reserve the right to change this agreement at any time without notice.

1. Lawful Use – You are responsible for conforming to all federal, state, and local laws regarding the Internet and electronic communication. You must respect the intellectual property and copyrights of resources provided by others on the Internet. You may not participate in any illegal activities while using your account. You must obey the laws of the United States and other countries that you communicate with over the net. We cannot and do not monitor or control traffic content to/from our service. You are responsible for keeping your activities legal, and for censoring yourself and colleagues. Customer is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against IntuitSolutions. Should the posted material fall into this category, we reserve the right to immediately refuse or terminate service.
2. Data & Backup – While we do back up our system files and ProStores database files as a courtesy to our customers, we do not back up websites or files uploaded by our Customers unless a data backup service is purchased for the account. This means that if you upload web pages or other personal files to our system or perform customizations to your ProStores store, you must keep a backup on your own machine. Log files and historical ProStores data files may be purged without notice to ensure optimal server performance. Customers are responsible for archiving any and all historical data and log files themselves. IntuitSolutions shall not be held liable for any loss of or damage to Customer files, logs or data of any kind for any reason whatsoever. Customer agrees that IntuitSolutions has the right to delete all data, files, or other information that is stored on IntuitSolutions’ servers and computers upon termination of services, or cancellation of account due to non-payment or violations of our Terms and Conditions of service policies.
3. Unsolicited Advertising – Unsolicited advertising (spam) via E-mail or newsgroups is prohibited and shall result in immediate account dismissal. “Spamming”, including (but not limited to) mass-E-mailing, cross-posting, or otherwise causing abuse to others on the net is prohibited and will be grounds for immediate account termination. Any actions resulting in spam complaints from end users, other Internet providers, watchdog groups, etc., or construed to be negligent, malicious or a denial-of-service attack is strictly prohibited.
4. Billing Policy Summary – Customers are responsible for maintaining a regularly checked and current billing e-mail address. Recurring monthly service payments are due on the first day of each calendar month unless it is agreed otherwise prior to account set up. All other recurring payments are due on the subscription renewal date. Acceptable payment methods include: Visa Mastercard and American Express credit cards. Customers on automatic credit card billing, or who change credit cards, are required to maintain up to date billing information. Past due accounts may be denied technical support until the account is brought current. Past due accounts will be suspended 15 days after the past due date unless other arrangements are made in advance. Delinquent accounts may result in discontinuation of service and nullification of this agreement. There will be a $95 service for account reactivation. Delinquent Customers may be referred to a third party collections agency at the discretion of IntuitSolutions. NO REFUNDS. 
5. Network Security and passwords – Customer is expected to maintain cryptic passwords keep all passwords secret. Passwords allow access to your private email messages, website and billing information. If IntuitSolutions believes a Customer’s password has been compromised, we reserve the right to change the Customer’s password without notice.General Password Construction Guidelines: Passwords are used for various purposes at IntuitSolutions. Some of the more common uses include: Customer billing accounts, ProStores accounts, merchant accounts, user level accounts, website accounts, email accounts, etc. 

   Poor, weak passwords have the following characteristics: The password contains less than eight characters

   • The password is a word found in a dictionary (English or foreign)
   • The password is a common usage word such as:
   • Names of family, pets, friends, co-workers, fantasy characters, etc.
   • Computer terms and names, commands, sites, companies, hardware, software.
   • The words “”, “sanjose”, “sanfran” or any derivation.
   • Birthdays and other personal information such as addresses and phone numbers.
   • Word or number patterns like aaabbb, qwerty, zyxwvuts, 123321, etc.
   • Any of the above spelled backwards.
   • Any of the above preceded or followed by a digit (e.g., secret1, 1secret)

   Strong passwords have the following characteristics:

   • Contain both upper and lower case characters (e.g., a-z, A-Z)
   • Have digits and punctuation characters as well as letters e.g., 0-9, !@#$%^&*()_+|~- =\`{}[]:”;’<>?,./)
   • Are at least eight alphanumeric characters long.
   • Are not a word in any language, slang, dialect, jargon, etc.
   • Are not based on personal information, names of family, pets, etc.
   • Passwords should never be written down or stored on-line.

1. Try to create passwords that can be easily remembered. One way to do this is create a password based on a song title, affirmation, or other phrase. For example, the phrase might be: “This May Be One Way To Remember” and the password could be: “TmB1w2R!” or “Tmb1W>r~” or some other variation.NOTE: Do not use either of these examples as passwords!
2. Bandwidth Usage – IntuitSolutions reserves the right to limit bandwidth usage. All customers websites need to remain within the bandwidth allowances for their given hosting plan. If bandwidth is exceeded, additional fees will apply. If the bandwidth usage becomes excessive and to the point in which other websites within the shared environment are affected, client will be required to purchase a dedicated server.
3. Network/Server Performance – Some IntuitSolutions accounts operate on shared resources. Excessive use or abuse of these shared resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of IntuitSolutions systems or networks. IntuitSolutions reserves the right to terminate or limit such activities.
4. Domain Names – Customer is responsible for registering and renewing Domain Names and can be renewed using IntuitSolutions Domain Name registration services or any authorized 3rd party registrar.
5. IP Addresses – Customers may be assigned IP addresses by IntuitSolutions, and must return to IntuitSolutions the rights to IP addresses when service is discontinued.
6. Refusal of Service – We reserve the right to terminate or refuse service to anyone. We reserve the right to refuse service to users under 18. Misrepresentation of age is grounds for termination.
7. Indemnification – You are responsible for all actions you take or cause to be taken in your use of the service. As a condition of service, you agree to indemnify and hold harmless our officers, employees, agents, and shareholders, for any cause of action originating from use of the service.
8. Assignment or Transfer – Customer shall not assign or transfer the rights or obligations associated with this assignment, in whole or in part, without the written consent of IntuitSolutions.
9. Cancellation – Customer may cancel service and this agreement at any time with 30 days written notice prior to the renewal date. If written cancellation notice is not received then the service term will renew automatically. Written cancellation requests may be in the form of email or via our online ticketing system. Cancellation of any accounts by phone will not be accepted. IntuitSolutions reserves the right to terminate or refuse service to anyone at our sole discretion without notice. Falsification of Customers contact information is grounds for immediate termination. No refunds will be offered for partial months. No refunds will be offered for Customers terminated for violations of the Terms and Conditions of Service, or Billing Policies
10. Price Adjustments – Customer will have 30 days from notification of price increases to cancel affected service without penalty. Prices may be reduced or new services and options may be put into effect without advance notice.
11. Limitations of Warranty and Assumption of Risk – Customer uses IntuitSolutions services at Customer’s own risk. IntuitSolutions makes no warranty, expressed or implied. IntuitSolutions shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. This service is provided as is. We are not responsible for hardware or software damage, loss of data, loss of wages, or any other financial or personal loss resulting from the use of, or inability to use, this service. Any liabilities are strictly limited to the amount of the fee paid for services rendered. IntuitSolutions shall not be liable for claims of damages made by any third party for any cause whatsoever.
12. Hold Harmless – Customer will indemnify and hold IntuitSolutions harmless (including officers, employees, agents, and shareholders) of any and all claims, costs, expenses or liability resulting from any damage to Customer’s business, service, equipment, network, operations, or reputation resulting from IntuitSolutions’ actions or the actions of our partners, contractors or resellers. Indemnification includes, but is not limited to, any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
13. Arbitration – If any portion of this agreement is found to contradict federal, state, or local laws, the remaining portions will remain in full force until account termination. Both parties agree to submit any dispute relating to the subject matter of this Agreement to binding arbitration, in San Diego County, pursuant to the commercial rules of the American Arbitration Association. The parties surrender and waive the right to submit any abatable dispute to a court or jury, or to appeal to a higher court. The arbitrator(s) shall not have the power to award punitive, consequential, indirect, or special damages. The arbitrator shall have the power to award costs and reasonable attorney fees to the prevailing party.
14. Revisions – IntuitSolutions reserves the right to revise, amend, or modify this policy, our Terms and Conditions and Acceptable Use Policies and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted here.

If you have any questions about this Terms and Conditions and Acceptable Use Policies, or the practices described herein, you maycontact IntuitSolutions.