The terms and conditions below, hereinafter referred to as 'the Agreement', represent the agreement between MERSA North America LLC (Xnodenet.com), hereinafter referred to as 'Xnodenet' and the client, hereinafter referred to as 'the Client'.
Xnodenet may alter the Agreement at any time without notification to the Client. However, the current version of the Agreement will be always available on Xnodenet's website.
Once an Account is created and/or Order is placed with Xnodenet, the Client concurs that the Client is bound by the Agreement.
The Client Account
The individual or entity set out in the Account contact information is considered by Xnodenet to be the Client and owner of the Account. The individual or entity paying for the Services may not be the Client.
Xnodenet reserves the right to review any Account or Services ordered to ensure compliance with the Agreement.
Hosting for all websites is arranged by Xnodenet.
The Client is responsible for updating and maintaining the Client's website by using Xnodenets' Services, unless otherwise stated.
All surveillance and security Services are limited to the installation and set up of the equipment and software by Xnodenet, after which the warranties provided by the equipment and software manufacturers will take effect, and the Client will be responsible for the proper maintenance of the equipment and software, unless otherwise stated, following the guidelines provided by the manufacturer.
The Client is responsible for all fees associated with an Order. Fees are due on the due date.
Some Services will automatically be stopped if payment is past due, while for others Xnodenet reserves the right to stop these Services until payment is received.
Xnodenet's obligation to provide Services to the Client is contingent on the Client's payment of the fees for these Services by the due date. Any Services will remain active or be activated if stopped at the time the Client pays all fees associated with these Services.
A standard Service (non-custom) will be deemed abandoned and cancelled if a payment for that Service is past due three months from the due date.
A custom Service will be deemed abandoned and cancelled if a payment for that Service is past due one month from the due date.
A cancellation of a Service will result in permanent removal (deletion) of all content associated with this Service.
If the Client believes there is a billing error, the Client must contact Xnodenet. The Client must provide sufficient facts to support the claim at least five days prior to the due date. The right to dispute any charges or fees is waived if the Client fails to submit the claim five days prior to the due date. If Xnodenet finds the claim to be valid, a credit to the Client's Account will be issued in the next billing cycle.
If the Client initiates a chargeback based on a billing error claim without following the process described above, the Client will be responsible for any chargeback fees incurred by Xnodenet.
Termination & Cancellation
Xnodenet or the Client may terminate the Agreement upon written notice to the other party.
Xnodenet may terminate the Agreement if the Client fails to pay any outstanding fees to Xnodenet, or the Client violates any part of the Agreement.
The Client must terminate any Services that are not automatically terminated due to abandonment with a written request through Xnodenet's website contact page, where the Client must include the Client's customer code and contact information. Xnodenet will then send a verification request to the email address on file with the Client's Account which must be acknowledged by the Client. If the Client does not acknowledge the verification request the Services will not be terminated, and fees will continue to be charged.
Once the Client acknowledges the verification request, the termination will be processed within five calendar days. The Client is responsible for any fees that accrue during this five-day period.
Xnodenet's technical support must be requested via the contact page on Xnodenet's website.
Technical support is provided at Xnodenet's discretion, and during the hours posted on the contact page.
Xnodenet reserves the right to charge for support if this support is outside the topics discussed on any of the Xnodenet's website help pages. Xnodenet will inform the Client, and receive the Client's consent, prior to charging for technical support.
Xnodenet shall have full access to the Client's equipment, Account and any and all accessible items based on a technical support request.
Xnodenet does not guarantee that technical support will resolve any issues.
Technical support is provided on a reasonable efforts basis.
Any work done by Xnodenet for the Client, which includes the scripts, coding or software, unless otherwise stated, is copyright of Xnodenet.
Xnodenet cannot be held liable for copyright violations caused by materials and content submitted by the Client.
All services are provided on an "AS IS" basis without warranties of any kind. The Client acknowledges, by use of Xnodenet's Services, that the Client's use of Xnodenet's Services is at the Client's sole risk, that the Client assumes full responsibility for all costs associated with all necessary servicing or repair of any equipment the Client uses in connection with the use of Xnodenet's Services, and that Xnodenet shall not be liable for any damages of any kind related to the use of Xnodenet's Services.