Terms of Agreement
This Hosting Service Agreement (this "Agreement") contains the terms and conditions that govern your access to and use of the Hosting Service (as defined below) and is an agreement between Good Life Realty LLC ("Good Life Realty," "Host," "we," "us," or "our") and you or the entity you represent ("Customer," "Client," "you," or "your"). This Agreement takes effect when you execute this Agreement (the "Effective Date"). The customer represents to Good Life Realty that the Customer is lawfully able to enter contracts (e.g., the Customer is not a minor). If Customer is entering into this Agreement for an entity,Customer represents to Good Life Realty that Customer has legal authority to bind that Entity. This agreement is only binding and valid upon receipt of payment.
1. Hosting Services
1.1. Hosting Arrangement
The host shall provide for the hosting of Customer Hardware at the Hosting Facility ("Hosting Service"). As part of the Hosting Service, Host shall provide for or arrange shelf and/or rack space, sufficient electrical capacity at the required voltage and wattage of Customer Hardware to achieve the Service Level (i.e., standard fixes, basic repairs, or Hardware resets), and support from Host.
1.2. Service Level
Host shall use commercially reasonable efforts to make the Hosting Service available to Customer ninety-five percent (95%) of the time each month (the "Service Level"), except in the event of maintenance of the Hosting Facility and its associated infrastructure, Customer Hardware failure, or Force Majeure Events. The host does not guarantee that the Hosting Service will not be interrupted by outages or shortages of power which are planned or unplanned and outside of the Host's control, and Host will not be liable for the Foregoing.
1.3. Service Order
The Customer acknowledges and agrees that certain terms of the Hosting Service, including the Hosting Facility, the hosting price per kWh, and the estimated online date (i.e., commencement of mining operations) are as specified in the Order Summary Page. The Order Summary Page shall be deemed to be agreed by the Customer through the duly executed copy of this Agreement and the included Order Summary Page by the authorized representative of each party. The electricity rate specified under this contract is fixed for the initial 12-month term, starting on the day mining commences. Upon expiration of the 12-month term, this contract will automatically renew for successive 12-month terms at the same rate unless: (a) Abundant Mines provides written notice of updated pricing at least 90 days prior to the renewal date, accompanied by a new contract for review and execution, or (b) the Client provides written notice of cancellation at least 90 days prior to the renewal date. Abundant Mines reserves the right to modify the electricity rate at the end of any 12-month term with the required 90-day advance notice.
2. Customer Hardware and Delivery
2.1. Delivery to Hosting Facility
Customer Hardware may require shipping and delivery to the Hosting Facility from the hardware manufacturer or a third-party distributor or reseller. In such cases, Host shall provide for the delivery of the Customer Hardware to the Hosting Facility designated in the Order Summary Page, or contained in the Service Order hereto, and shall make reasonable efforts to ensure operation by the estimated Online date.
2.2. Inspection and Installation
Host shall inspect the Customer Equipment for suitability of hosting and has full discretion to accept or reject any Customer Hardware. Upon receipt, inspection, and confirmation that Customer Hardware is fully functioning, Host shall provide for the installation of Customer Hardware at the Hosting Facility.
2.3. Operation and Start Date
Host shall make commercially reasonable efforts to commence operation of Customer Hardware on the scheduled Hosting Service commencement date reflected in the Order Summary Page; provided, however, that Host shall not be responsible for any delay in the operation of Customer Hardware for any reason, including delay in receipt of Customer Hardware, Force Majeure Events, lack of available rack space, or electrical or network connectivity problems.
2.4. Serial Numbers
If requested by the Customer, Host shall provide the Customer with the serial number for each machine included as part of Customer Hardware within 3 business days of such Request.
3. Hosting Facility Maintenance
3.1. Facility Maintenance
The host shall be entitled to perform maintenance, and any actions deemed necessary or desirable with respect to Customer Hardware. To the extent that Host cannot perform simple repairs without passing costs for parts and labor onto the Customer, the Customer will be notified of an estimated cost and timeline for Hardware repairs to be completed. Host may require Customer Hardware to be shipped to the manufacturer for critical repairs. Hardware sent to the manufacturer for repair may be fully covered under a standard manufacturer warranty, but shipping costs will be paid at the Customer's expense. If the Customer does not agree with repair options or costs, the Customer has the right to have their hardware shipped to them at their expense. If the Customer does not respond to options for repair provided by Host within (15) days, Host reserves the right to cancel the Agreement.
4. Hosting Service Fee and Customer Responsibility
4.1. Delivery and Installation of Customer Hardware
Any costs for the installation, mounting, and unmounting of Customer Hardware and all tariffs, taxes, shipping costs, or other expenses associated with shipping, importing, exporting, and transporting Customer Hardware to the Hosting Facility shall be reflected in the Order Summary Page.
4.2. Selection of Mining Pool
Host uses a preferred mining pool for payouts, facility management, and automatic billing. Customer will be given view access to see the status of all machines in Host's facility and monitor performance metrics.
4.3. Private Key and Wallet Security
The Customer shall always be responsible for maintaining software and all other telecommunications, Internet access, and related equipment required to receive the Customer's mining rewards. Customer is solely responsible for the security of Customers private keys. Customer shall hold Host harmless from user or access security with respect to any of Customer Hardware or the Hosting Facility. Host shall not be liable for any indirect, special, incidental, punitive, or consequential damages, including but not limited to, loss of profits, data, or use, or any loss of funds or Bitcoin incurred by the Customer or any third party, even if incurred as a direct result of the Services, or Consultant’s hardware or software, and even if the Host has been advised of the possibility of such damages.