RK Frantz Software, Inc. Terms and Conditions
RK Frantz Software, Inc. strives to provide you, our customer, with the best possible service. Please review our terms and conditions below and feel free to contact us at 407-359-0253 if you have any questions.
I. Sales Tax
RK Frantz Software, Inc. is a corporation in the State of Florida with a physical location at:
RK Frantz Software, Inc.
839 Royalwood Ln
Oviedo, FL 32765
and as such, is authorised and required to collect sales tax on all sales of taxable merchandise shipped to locations in Florida. If you order merchandise from us that is shipped to a Florida address, or you purchase merchandise at our physical location, you will be charged 7% sales tax on the total merchandise price.
II. Shipping Charges
For merchandise being shipped from our physical location (digital downloads and services are not assessed shipping fees,) the following charges apply:
We charge a flat rate for shipping on all orders, and ship merchandise via USPS as our standard shipping method. Other methods are available upon request.
United States Rates
For our standard shipping, we charge $5.95 on orders priced from $0 to $24.99 before applicable sales tax, and $3.95 on orders priced from $25 to $49.99. Shipping is free on all orders of $50 or more.
All Other Countries
Our standard shipping method is USPS First Class International Mail. Rates vary by destination country and will be shown during checkout before you purchase your order.
III. Merchandise Returns Policy
All returns must be undamaged and in original, unopened packaging. If you call 407-359-0253 for a Returned Merchandise Authorization (RMA) number within 14 days of purchase, we will issue a full refund, less 10% restocking fee, to your credit card or PayPal account, depending on your original method of purchase.
Returns of merchandise after 14 days, or without obtaining an RMA number, will be given a store credit equal to the original purchase price minus 10% restocking fee.
Any defective merchandise, or merchandise still under warranty, will be exchanged for a new item of the same type, style, size and color, when available. If the item is no longer stocked, it will be replaced with a similar item.
In all cases, the customer will be responsible for shipping the item back to our physical location at:
RK Frantz Software, Inc.
839 Royalwood Ln
Oviedo, FL 32765
IV. Hosting Services
The use of hosting services from RK Frantz Software, Inc., including Shared hosting and Dedicated servers, is subject to the following:
1. Account Setup
An account will be created and kept on file for 90 days after termination of your services. You are responsible for
providing and maintaining a valid email address which does not belong to any domain you are hosting with us. This email address will
be used to send administrative messages pertaining to your account. In addition, you are responsible for providing and maintaining a
valid credit card on file which will be automatically charged for the term (monthly, quarterly, yearly) you have agreed to, until your
account is terminated.
All services provided by RK Frantz may only be used for lawful purposes. The laws of the State of Florida and the United States will apply.
You agree to indemnify and hold harmless RK Frantz from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music,
books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination
of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to
be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed
upon, please email firstname.lastname@example.org with details of the infringement.
RK Frantz services, including all related equipment, networks and network devices are provided only for authorized customer use. RK Frantz systems
may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized
access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for
authorized purposes. Use of RK Frantz systems constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to
networks or systems outside of your direct control must be with expressed written consent from the third party. RK Frantz may, at its discretion, request and
require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of
service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse
issues must be dealt with via troubleticket/email and will have a response within 48 hours.
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
3. Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated
as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email,
instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may
be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
RK Frantz reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with
its established policies, or to make any such modifications in an emergency at its sole discretion.
RK Frantz reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for
blacklist removal. This cost of the clean up fee is entirely at the discretion of RK Frantz Software, Inc.
4. Billing and Payment Information
You agree to supply appropriate payment for services received from RK Frantz, in advance of the service period. You agree that until and unless you
notify RK Frantz of your intent to cancel any or all services, those services will be billed on a recurring basis. Payment for recurring services, such as hosting,
domain and ssl renewals, will automatically be billed to your credit card on file when you choose monthly or quarterly billing periods. For accounts billed on a yearly
basis, an invoice will be generated and emailed to you one month in advance of your payment due date. You may pay this invoice by check, or online with a credit card.
All invoices for services, except for yearly billing periods, must be paid within 10 days of invoicing. Yearly billing invoices must be paid within 30
days of invoicing. Any invoices paid after the grace period will incur a $25.00 service charge in addition to the outstanding amount owed. Any invoice not paid within
10 days after the grace period will result in your account being suspended until all outstanding invoices and charges are paid in full. Note that service will continue
to accrue even while your account is suspended.
RK Frantz software will not be responsible for loss of domain name(s) due to a renewal invoice not being paid in time. It is your responsibility to
ensure your invoices are paid in a timely manner.
5. Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. RK Frantz is not responsible for files and/or data
residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on RK Frantz
servers. Backups will not be provided for accounts that have been suspended or terminated for any reason, or for shared hosting accounts exceeding 10gb unless otherwise agreed
to in writing by RK Frantz Software, Inc.
6. Cancellations and Refunds
You may cancel your account at any time by using the "Cancel Account" link found on your account control panel. No refunds are given on dedicated servers,
administrative fees, install fees, custom software, SSL certificates or domain registrations and renewals. If you cancel an account billed on a quarterly or yearly basis
before the end of a billing period (quarter or year), that period will be recalculated as if it were billed monthly before returning the unused portion of your payment, if
any. The recalculation may result in additional money being due, and if so, this additional amount will automatically be charged to your credit card on file. No refunds will
be given on accounts billed monthly.
Violations of the Terms and Conditions agreement will waive the refund policy.
7. Bandwidth and Resource Usage
You will have a certain amount of bandwidth available monthly, depending on the hosting service plan you have signed up for. Should your account pass the
allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee,
suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused bandwidth in one month cannot
be carried over to the next month.
In addition, shared hosting users may not:
- Use 25% or more of system resources for longer than 60 seconds.
- Run stand-alone, unattended server-side processes at any point in time on the server.
- Run any type of web spider or indexer (including Google Cash / AdSpy)
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Participate in any file-sharing/peer-to-peer activities.
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
8. Price Changes
RK Frantz reserves the right to change prices for hosting services at any time; however, prices will never increase on accounts in good standing as long as the
account remains active. Accounts which are cancelled or otherwise terminated will be reopened at the current prices in effect at the time. This No Price Change policy applies
to shared and dedicated hosting prices only. Prices for domain registrations, renewals, SSL certificates and custom software rates will use the price in effect at the time
those services are rendered.
V. Web Design Services
Web design services are provided on a project basis through our online project tracking system, accessible from your account area. When you create and submit a
design request project, our team will review the request and either respond back to you with a project price, an ongoing hourly, weekly or monthly price, or a request for more
information from you. If we have responded with a price quote, the project will be placed in a Pending status and you will have 30 days to approve the price or modify and resubmit
your project for further review.
If you approve a pending project, an invoice for 50% of the price will be generated and posted to your account. You will then have 10 days to pay the deposit
invoice before any work will begin. Please note: The estimated date of completion is based on your prompt approval and payment of the deposit. If you take longer than 24
hours, this will affect your completion date.
If you do not approve a project quote or pay the deposit invoice within 10 days, the project and invoice are automatically cancelled and no payment is due from you.
If you cancel a project after work has begun, you will be responsible for payment of that work as indicated on the time sheets attached to your project. If the deposit amount paid is
greater than the work billed, you will receive a refund by check or a credit will be applied to your credit card, depending on the method used to pay the deposit invoice. If more
money is owed, you are responsible for payment of the due amount.
Remember, no work is begun on a project unless and until you have approved the project quote AND have paid the deposit amount. It costs you nothing to submit a project
and receive a quote, so we encourage you to submit all your project needs for consideration.
Once a project is started, you will see time sheets and invoices posted weekly to your project and account. Invoices are credited automatically from your deposit
until there is a balance due. At that point, invoices become due and payable within 10 days of billing. Any invoices not paid within 10 days will result in work being stopped
until all outstanding invoices are paid in full.
Customer agrees that it shall defend, indemnify, save and hold RK Frantz harmless from any and all demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against RK Frantz, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or
agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless RK Frantz against liabilities
arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with RK Frantz; (2) any material supplied by customer
infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from RK Frantz's server.
By using any RK Frantz services, you agree to submit to binding arbitration. If any disputes or claims arise against RK Frantz or its subsidiaries, such disputes
will be handled by an arbitrator of RK Frantz's choice. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions
rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law,
governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
RK Frantz shall not be responsible for any damages your business may suffer. RK Frantz makes no warranties of any kind, expressed or implied for services we provide.
RK Frantz disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and
all service interruptions caused by RK Frantz and its employees.
IX. Disclosure to law enforcement
RK Frantz may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such
agencies. We will cooperate fully with law enforcement agencies.
X. Changes to the Terms and Conditions
RK Frantz reserves the right to revise its policies at any time without notice.