All customers of Keystone Management Group, LLC DBA Cloudstar, a Florida Limited Liability Company, hereafter referred to as “Cloudstar”, are subject to this billing and cancellation policy (this “Policy”). Use by a customer of Cloudstar’s services or network constitutes acceptance by such customer of the terms of this Policy.

Billing Information

All customers are required to provide Cloudstar with accurate and complete billing information, including legal name, physical address, e-mail address, telephone number, and, if applicable, automatic payment information (i.e., credit card or ACH). All customers are responsible for reporting to Cloudstar any changes in such billing information within 30 days of such change. Customer is responsible for all fees resulting in returned payments in addition to any such associated administrative or collection charges. Cloudstar reserves the right to require payment in the form of verified funds such as certified check, money order, or wire transfer for any customer who has demonstrated a history of late payments, and / or, is canceling service.

Invoices for services are e-mailed, faxed, or mailed at the start of each service period in the first week of the month. Customers shall be invoiced and charged monthly for standard service charges plus any additional usage or service charges. All customers are responsible for monthly payment of invoices regardless of whether such invoices were actually received. For customers participating in the automatic payment plan, all customers are responsible for being aware of the amount that shall be automatically charged from such customer’s account each month. All customer payments are due within 20 days after the date that the invoice is e-mailed, faxed, or mailed by Cloudstar to the customer. When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction.

All charges invoiced to a customer shall be deemed to be valid and undisputed unless the customer disputes such charges in writing within 30 days after the invoice is e-mailed, faxed, or mailed by Cloudstar to the customer. Each customer is responsible for payment for all services provided to such customer by Cloudstar at Cloudstar’s standard charges (unless otherwise set forth in the customer’s service agreement with Cloudstar) and pursuant to Cloudstar’s standard billing practices, regardless of whether the provided service is specifically set forth in the customer’s service agreement with Cloudstar.

With respect to customers that are provided “usage based” services, including but not limited to, burstable co-location services, burstable hosting services, and/or flexible storage, such services shall be billed monthly by Cloudstar.

Underpayments

When payment is received, in any amount, without receiving a written billing dispute, the invoice is considered to be valid and non-disputed.

Intentional underpayments (remitting payment(s) in an amount less than the amount invoiced) is not a valid form of communicating a billing dispute.

Intentionally underpaying an invoice is considered to be a willful violation of Cloudstar’s Terms of Service and may result in the immediate suspension in part of, or the entirety of, services provided by Cloudstar. Furthermore, customer may incur service reconnection fees, late fees on the portion of the unpaid balance, legal action to collect the unpaid balance, or account termination.

These actions are taken in accordance with all applicable law.

In invoice may be considered intentionally underpaid when a customers refuses to take immediate corrective action by remitting payment for the balance due, either online, by wire, or sending payment via UPS or FedEx overnight. Payment method is at the sole discretion of Cloudstar.

*If you are a customer with a signed Master Services Agreement, please reference the section governing billing disputes for more information with regards to communicating billing disputes to the Cloudstar accounting team.

Cancellation & Termination

A customer may terminate its account with Cloudstar only in accordance with its applicable Master Service Agreement. If the customer does not have a Master Services Agreement, cancelation is subject to the Terms of Service (TOS) and Acceptable Use Policy (AUP) posted online at www.mycloudstar.com. All customers are subject to the terms and provisions found in this billing policy, including but not limited to the data transfer policy as found below.

To provide written notification to Cloudstar of its intent to terminate in accordance with its service agreement, a customer must provide such notice via one of the following procedures:

• via e-mail to [email protected]
• via facsimile to 866-224-9075; Attention: Customer Support/Cancellations
• via U.S. Postal Service to Cloudstar 4800 Spring Park Road, STE 16, Jacksonville, FL 32207

Written notification of termination must include all applicable add / modify / delete user forms, and written notification of termination must be received by Cloudstar no less than 5 business days prior to the next billing cycle to be effective on the last day of the current billing cycle. For all other accounts, the effective date of termination and receipt by Cloudstar of written notification of termination must be in accordance with the terms of the applicable Master Service Agreement.

Accounts that are not terminated in accordance with the above procedures shall remain active and shall continue to incur monthly service charges until properly terminated.

NOTE: Upon termination, Cloudstar will irrevocably delete all customer data from our systems.

Data Transfer Policy

Cloudstar staff will be cooperative in working with you and your IT support staff in transitioning data off of our systems, however Cloudstar cannot migrate your data for you. For accountability reasons Cloudstar cannot be responsible for the transition of data or applications to another system or provider; you are responsible for performing the migration itself (or retaining the appropriate IT professionals to do it for you) after you receive your data via a portable hard drive. This is the only approved method.

A non-refundable fee of $750 is necessary to cover costs associated with a data transfer including an encrypted hard drive, and the time to save the data (multiple hours or days depending on the amount of customer data).
You, the customer, are responsible for providing a pre-paid and insured shipping label to Cloudstar for the UPS or FedEx transportation of the hard drive from the Cloudstar data center to the destination of your choice.
To schedule the data transfer to portable hard drive, you will be required to: 1) pay/pre-pay in-full through the end of the final month of service, 2) satisfy the financial terms and conditions of your Master Services Agreement (contract), 3) have a zero account balance and 4) pre-pay for the data transfer.
Cloudstar highly recommends that you retain a qualified IT professional to assist you in evaluating your data and applications and in migrating to a new system and / or provider. Some applications require an export, backup or other preparation or packaging before it can be usable on a new system.
Certain application specific databases may require the assistance of outside software professionals familiar with the specific needs and requirements of exporting your particular database. It is incumbent upon you, the customer, to retain and compensate any such professional.

Cloudstar Can:
At your explicit request Cloudstar can copy the contents of your virtual drives (files, folders or database exports) to an external hard drive and ship it to you. The above Data Transfer Fees apply.

Cloudstar Cannot:

Cloudstar cannot perform the migration itself, including but not limited to the following:
Cloudstar cannot copy your data to another service provider or device aside from the encrypted drive Cloudstar provides.
Cloudstar cannot transfer virtual machine images (including .v2i, .vmdk or any instance or image that includes the Windows operating system) to the client or another provider (Microsoft explicitly forbids this due to software license non-transference).
Cloudstar cannot setup a copy or sync mechanism to another provider or system.
Cloudstar cannot export or perform any software or database-specific export, backup, preparation or packaging that a specific software application may require. (Every software application is different and may have special or unique requirements to export or migrate the data for that application.)
Cloudstar cannot export Exchange mailboxes to PST or any other format (Client must perform their own email/PST export).
Cloudstar highly recommends configuring Outlook accounts on a local computer and copying PST files from there.
Copying PST files directly from the cloud will most likely result in bandwidth overage fees.

 

END OF BILLING & CANCELLATION POLICY