Terms of Service

HOSTING and DEVELOMENT TERMS:

The following agreement is between Gallant VPS (Gallant) of 50 Broad Street NYC and You (the Client)

WHEREAS, Gallant and its services (GallantVPS.com, GallantPartners.com, GallantFX.com, MetaTraderHosting.com, ExpertAdvisorHosting.com and MQLHosting.com) is a Hosting Service Provider offering Software Hosting and Development Services.

WHEREAS, Client seeks to use these services;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Gallant can make no guarantee that any given party shall be able to access the Hosted Service made available by Gallant at any given time. Gallant represents that it shall make every good faith effort to ensure that the Hosted Service is available as widely as possible and with as little service interruption as possible;


NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

I. Financial Arrangements:

  1. Length of service
    Client agrees to a one (1) year contractual term of service (Term).
  2. Service start date
    The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Gallant's receipt of payment for such first Term of service or upon a mutually agreed upon other date.
  3. Renewal by client
    This agreement will automatically renew for successive one (1) year Terms unless canceled in writing by Client at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to your account.
  4. Deposits for Development
    Client must deposit funds with the Company; prior to any development, in the amount dictated by the company.
  5. Failure to pay
    1. In the case of a failure of Client to remit payment to Gallant by the invoice due date is cause for removal of the Client's account files from the Gallant hosting Hosted Service. Client agrees that Gallant shall not be held liable for such removal or disconnection.
    2. In the case of a customer's colocated Hosted Service, failure of a Client to remit payment to Gallant by the invoice due date is cause for the Hosted Service to be disconnected from the Gallant network and unplugged without further notification by Gallant. Client agrees that Gallant shall not be held liable for such removal or disconnection. Disconnected customer owned equipment and propriatary software shall be returned to the customer only upon full payment of outstanding invoices, less any credits due based on our Refund Policy, below. Gallant shall not be held responsible for such equipment when held in such disconnected/unplugged fashion for over sixty days, after which the equipment will be deemed to be abandoned by the customer.
  6. Refund policy
    1. Setup charges are not refundable under any circumstances.
    2. Client will be entitled to a refund under mutual written consent, pertaining to hosting and/or development.

II. Taxes:

Gallant shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Gallant's Hosted Service. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

III. Material and Products:

Gallant will exercise no control whatsoever over the content of the information passing through the network except for what is noted in section IX of this agreement, relating to Lawful Purpose, and with respect to the Gallant Policies.

Gallant makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Gallant also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of funds, data, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Gallant is at the Client's own risk, and Gallant specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Gallant does not represent guarantees of speed or availability of end-to-end connections. Gallant expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Gallant specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

IV. Trademarks & Copyrights:

Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.

V. Age:

Client certifies that he or she is of full legal age to enter into this agreement.

VI. Policies

Client agrees to all terms in the Gallant Terms Of Service Agreement.

Gallant network resources used by Client may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Gallant. All messages transmitted by Client should correctly identify the sender. Users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

VII. Termination:

  1. This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Written notice may be by postal, email or fax transmission. Gallant reserves the right to verify all cancellations before terminating service. Notwithstanding the above, Gallant may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with any of the terms of this Agreement.
  2. Termination for any violation of the Gallant Policies and Terms of Service Agreement shall be immediate. Gallant may, at its option, cancel or suspend service immediately should it believe Client has violated or is about to violate the Gallant Terms of Service or should the Client fail to remit payment to Gallant by the Client's invoice due date.
  3. Client may be liable for certain fees relating to termination when such termination is due to Uncolicited Commercial E-Mail.
  4. Notice of cancellation
    Written notice of cancellation may be by postal mail, email or fax transmission.

VIII. Limited Liability:

1. Client expressly agrees that use of the Services offered by Gallant is at Client's sole risk. Neither Gallant, its employees, affiliates, agents, merchants licensers or the like, warrant that the Service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Gallant Server service. Agreement.

2. Under no circumstances, including negligence, shall Gallant, its offices, agents or anyone else involved in creating, producing or distributing Gallant's service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Gallant Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Gallant's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Gallant's Server service.

IX. Lawful Purpose:

Client may only use Gallant's Server service for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets.

X. Indemnification:

Client agrees that it shall defend, indemnify, save and hold Gallant harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees asserted against Gallant, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Gallant against Liabilities arising out of any of the following:

  1. any injury to person or property caused by any products sold or otherwise distributed in connection with Gallant's Server service;
  2. any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
  3. copyright infringement; and
  4. any defective product which Client sold on the Server offered by Gallant.

XI. Domain Name Ownership, Disputes, and Use

Any domain name registered by Gallant on behalf of Client is the property of said Client after the Client has paid Gallant any registration fees that Gallant has incurred on behalf of the client. Gallant claims no ownership over Client domain names that the Client has paid to register. At its option, Gallant will either arrange for any billing for names registered by Gallant on behalf of Client to be sent directly by the registrar or agent thereof to the Client, or Gallant will directly bill the client for these registration fees plus applicable expenses, and/or service charges, if any.

Client agrees that Gallant may be presented with information that Client's domain name possibly violates the trademark rights or other intellectual property rights of a trademark or other intellectual property rights owner. In case of such action, Client agrees to the following:

  1. Client agrees to hold Gallant harmless of any action taken by such owner regardless of the outcome of such dispute and regardless of whether Domain Name Service hosting for Client's domain is hosted at or continued to be hosted at Gallant.
  2. Client agrees that Gallant has the right to discontinue name service in the event of such dispute over a Client's domain name.
  3. Client agrees that should Gallant discontinue service for Client's account upon notification of such dispute that that Gallant will not be liable for any loss of funds, interruption of business or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Gallant has been advised of the possibility of such damages.
  4. In no event shall Gallant's maximum liability exceed one hundred ($100.00) dollars.

Client agrees that a Gallant contact person shall be named as the “technical or zone contact” for any domains hosted at Gallant. Client agrees that Gallant may create and use network resources with the Client's domain name for administrative, testing, and network infrastructure enhancement purposes.

XII. Contract Revisions:

Revisions to this Contract will be considered agreed to by the Client on renewal of Gallant Services.

This Agreement shall be governed and construed in accordance with the laws of the State of New York.