Terms Of Service – ServerManagementPlus

Disclaimer

ServerManagementPlus under any circumstances will not be responsible for any damages your business may suffer. ServerManagementPlus makes no warranties of any kind, expressed or implied for services we provide. ServerManagementPlus disclaims all implied warranties of merchantability or fitness for a particular purpose. this includes but is not limited to loss of data resulting from delays, hacking from insecurities, prolonged downtime from lack of action to monitoring, non-deliveries, wrong delivery, and any and all service interruptions caused by ServerManagementPlus staff. ServerManagementPlus reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

Although we do our best to maintain a very high quality service and availability, but services provided by ServerManagementPlus are not designed for mission critical use, and should not be used for such purposes. Our services should only be used for fault-tolerant purposes which allow for failure.
SLA Claims

If your account is in arrears and/or have two or more late payments in previous 12 month period, you will not be eligible for any SLA claims.

Access to Servers

ServerManagementPlus requires administrative access to your server(s) in order to provide services to you. If proper information is not provided, or updated to ServerManagementPlus, we can not be responsible for any issues in your server whatsoever.

Response Time and Resolution Time

For support tickets, we offer and guarantee an initial response within 6 hours, and subsequent responses and resolutions within 24 hours, per ticket. If a ticket requires more time, we will inform you of this within the timeframe and update you throughout the process. Tickets are reviewed in the order they are received, and answered consecutively. Response and Resolution time count starts from the moment the ticket is opened in our Client Login area. When a new ticket is opened while another ticket is already opened and unresolved, the Response and Resolution time count for the new ticket starts from the moment that the previous ticket was resolved. Our Response and Resolution time guarantees apply to the first 1 ticket per 24 hours, or the first 5 tickets per 30 days, or the first 10 replies per 30 days, or the first 2 hours of work per 30 days, whichever comes first, and additional tickets are not covered under our Response and Resolution time guarantees. A “response” means that a technician has read the ticket, assigned it to the most appropriate technician to handle your specific problem, and responded stating that the ticket resolution process has started. A “resolution” means that a technician has resolved the problem in the ticket. (You will see some tickets responded to and resolved within minutes, and others within hours. Nevertheless, we only offer and guarantee that an initial response will be received within 6 hours, and subsequent responses and resolutions will be received within 24 hours. Therefore, for example, whether you receive a response in 1 minute, and a resolution in 23 hours, it is still within our offered and guaranteed response and resolutions times.) In certain instances, if you report a problem that is erratic or requires more time than our response/resolution time to debug, we will inform you of this within our response/resolution time.

For Restoration and Migration requests, the Response and Resolution time guarantee covers our work only, and not the actual time of the data transferring since we have no control over how long it will take your server to transfer data. We will start the restoration or migration request within our Response and Resolution time guarantee. The time it takes for the restoration or migration request to be completed is beyond our control and solely dependent upon the amount of data that has to be copied, number of accounts, network connection speed between servers, server’s speed, etc. (If you have a lot of accounts or data to be transferred, even though we will start it within our guaranteed response and resolution time, it can still take several days for your server to complete the data transfer). The status of migrations in progress are checked a minimum of once per day.

Support can only be provided on the ip address registered in your account. If you change your server ip address for any reason (ie, move to a new server, obtain a new server, change the main server ip address, etc), it must be added to your account first by submitting a ticket to the Billing department. Support can not be started nor provided for any reason on the new ip address until the Billing department has added the new ip address to your account.

Sales, billing, or any other non-support related issue is not covered under our Response and Resolution time guarantee.

We do not provide any instructions on how to do technical work yourself or how any technical work was done, including but not limited to a list of steps, copy of the commands used, ssh session transcript, graphic/text screenshots, history recording, etc.

We do not make any backups of your data. Backup software is enabled upon request only and backups are stored at the location provided by the customer. We do not store or save any of the data that is backed up. Upon request, the backup software will be enabled to run automatically by itself on the server. We do not manually make the backups. Please note, the backup utility is known to stop without notice at times, therefore it is absolutely necessary and extremely important that you check the backup files on a frequent and regular basis to make sure that the backups are up to date and have not stopped being created.

Bumping tickets (replying to tickets already in open) pushes them to the bottom of the list, therefore causing delays.

To schedule tickets to be done at a specific time, time must be specified in our Eastern time zone, and we must be given 24 hours advance, and at least an 8 hour window of work time. We will try our best to accomodate scheduled requests but if we are unable to complete it within the requested time window, it will be automatically rescheduled for the same time window the following day.

Service is provided monthly per server ip address. Server ip address can only be changed on the billing cycle renewal date, and not within the month where support for the current server ip address has already been provided (ie, we can not work on 2 different servers within the same month for the price of 1).

All SLA guarantees are suspended the day before, during, and after any and all holidays, and any periods where weather or any other uncontrollable occurrences of nature effect work flow, power, internet, or staff accessibility.

Satisfaction Guarantee( Money back guarantee)

ServerManagementPlus offers money back guarantee on our server management services. If you are not completely satisfied with our services within the first 3 technical support requests or first 7 days of using our service (whichever comes first) from the date of your signup, you will be given a full refund of the amount paid EXCLUDING SETUP FEES.

Satisfaction guarantee applies to first time customers for single(one) service only even though if you signup for multiple services.

  • If you use our service and cancel, then signup again at a later date, the satisfaction guarantee offer is no longer applicable.
  • If you signup for two or more servers and cancel then refund of only one(1) server will be provided

In certain instances at our sole discretion, we reserve the right to delete, remove and/or undo any work that was performed on your server(s) during the period in which a refund is or was requested and/or given.

Refunds

Refunds of any kind for any reason may take up to 45 days from the time the refund is requested or offered for processing.

Abuse

Abuse or disrespect directed towards any of our staff will never be tolerated. If you are disrespectful, use foul language, threaten us, post invalid negative information on us in a public forum or other site, or do anything else we may find offensive, you will be considered in severe breach of this agreement. Violations of this policy carry heavy penalties including, but not limited to, warning, extended suspension or disconnection of all Services provided, or cancellation of all Services provided. Prior to un-suspension or disconnection of a Service suspended or disconnected for violation of this policy may be subject to an “Administrative Charge” of $75.00 USD. As per this agreement, no refunds will be offered in the event that cancellation is considered

3rd party software

Even though third party server software support is covered on all admin plans. Considering the number of available software applications on the internet today, it is simply not possible to be able to know them all. While our engineers are very good at researching issues for unsupported software, we cannot guarantee a resolution for issues with any software other than what is normally provided, such as, but not limited to: cPanel/WHM, Fantastico, Softaculous. Webmin, Plesk, Direct Admin, Virtuozzo, OpenVZ, MySQL, PHP, Apache, Litespeed Web Server, CSF Firewall, IPTables, etc.

Non-Covered Issues

ServerManagementPlus will not provide technical support or troubleshooting for any custom software applications. If you have custom-coded software installed on your server, it will be your responsibility to install, maintain, and troubleshoot it, unless a custom service contract has been arranged with ServerManagementPlus. ServerManagementPlus will not be responsible for any software you attempt to install in your server. If you need something installed, please open a ticket in our helpdesk and ask techs for help. When we say “server management” this means we will manage issues in your server, and related to your server, and not individual accounts or domains, as this would be next to impossible to do. If support request is beyond the scope of “normal” server management it will not be covered. Beyond “normal” means any support requested from techs that would not normally be done on your machine, or that could cause issues. IMPORTANT: We will not be responsible for any changes you or someone else makes in your server – It is highly recommended that if you need to make any changes in your server, that you open a support ticket and ask our support team for help. Because of the intricacies of abuse complaints, our support staff normally does not handle these kind of issues. If you do require the handling of abuse issues, you would need to provide detailed instructions.

Exceptions

ServerManagementPlus will make available all of our technical resources to support your server(s). However, it is your responsibility to make every attempt to resolve basic issues (i.e. adding websites & email accounts through a control panel, rebooting your server, pointing DNS, enforcing proper AUP, managing your clients, etc.). ServerManagementPlus retains the right to determine how much support we will provide. If a Customer abuses our support policies, causing a degraded level of support for other customers due to the frequency and nature of their own requests, ServerManagementPlus may be required to give the abusive customer a lower level of priority in the support queue.

Service Interruptions

ServerManagementPlus shall not be responsible for any delay or failure in performance, where the delay or failure results from reasons beyond the control of ServerManagementPlus. This includes but not limited to “acts of God”, riots, acts of war, fire, theft, power failure any mechanical, electronic, or communications failure or other disasters.

Prices

Prices are subject to change without notice. However your price will remain the same as when you signed up, during your contract period

Modifications to this Agreement

We reserve the right to change the Agreement at anytime, in whole or in part, at any time, you can check this page for regularly for changes. If you don’t like the changes then you can cancel the service. You acknowledge that any changes or modifications shall not constitute grounds for non-payment.

We reserve the right to refuse service to anyone

If you do not accept or understand any part or parts of our ‘Terms of Service and Policies’, please contact us immediately prior to signing up with our service.

By subscribing to and/or utilizing our services, you agree to accept, comply, and understand all of our ‘Terms of Service and Policies’ in full.