Terms of Service and Policies

Indemnification
Customer agrees that it will protect, indemnify, save and hold ServerManagementGuru.com harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against ServerManagementGuru.com, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it’s customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold ServerManagementGuru.com harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with ServerManagementGuru.com’s Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from ServerManagementGuru.com’s Services.

Customer’s Sole Remedy
ServerManagementGuru.com’s entire liability and Customer’s exclusive remedy shall be the refund of up to thirty (30) days of service.

Limitation of Liability
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH ServerManagementGuru.com IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY ServerManagementGuru.com OF THE RISK OF CUSTOMER’S CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH CUSTOMER’S USE OF THE SOFTWARE AND DOCUMENTATION. ACCORDINGLY, CUSTOMER AGREES THAT ServerManagementGuru.com SHALL NOT BE RESPONSIBLE TO CUSTOMER FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICE OR DOCUMENTATION. Any provision herein to the contrary notwithstanding, the maximum liability of ServerManagementGuru.com to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any service delivered to Customer hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to ServerManagementGuru.com by Customer for thirty (30) days of service whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of ServerManagementGuru.com arising out of this agreement. The parties acknowledge that the limitations set forth in this agreement are integral to the amount of consideration levied in connection with the license of the services and documentation and any services rendered hereunder and that, were ServerManagementGuru.com to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.

Satisfaction Guarantee:
ServerManagementGuru.com offers a satisfaction guarantee on our server management and monitoring services. If you are not completely satisfied with our services within the first 3 technical support requests or first 30 days of using our service (whichever comes first) from the date of your sign-up, you will be given a full refund of the amount paid. Satisfaction guarantee only applies to first time customers, so if you use our service and cancel, then sign-up again at a later date, the satisfaction guarantee offer is no longer applicable. Only one (1) refund per customer or affiliate thereof will be honored. (For example, if you sign-up and request a refund, and then sign-up at a later date, the money back guarantee does not apply.) The money back guarantee only applies to work performed on one (1) server IP address. (For example, if you sign-up with 2 or more server IP addresses, and request a refund within the first 30 days, only the amount paid for the 1st server IP will be refunded). 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.

3rd party software:
We will install 3rd party server software that is specifically considered a common cpanel module and/or specifically considered a common module of any core software pre installed by default from cpanel (apache, php, mysql, exim, mysql, etc.). 3rd party software installation requests are handled on a per instance basis at our own discretion. Additionally, we do not provide support for Operating System upgrades, mounting drives with live data on them, or raid hardware/software.

Disputes:
All payments after the first 30 days of service to ServerManagementGuru.com are nonrefundable, regardless of usage or reason. Any incorrect, overcharges or billing disputes must be reported within 60 days of the time the charge occurred. If you dispute a charge to your credit card issuer that, at ServerManagementGuru.com’s sole discretion is a valid charge under the provisions of our TOS, you agree to pay ServerManagementGuru.com an “Administrative Fee” of $100 per dispute. All unpaid debts and dispute fees may be sent to credit collection agencies.

Refunds:
Refunds of any kind for any reason may take up to 30 days from the time the refund is requested or offered for processing.

Force Majeure
If either Party shall be prevented from performing any portion of this Agreement (except the payment of money) by causes beyond its control, including labor disputes, civil commotion, war, governmental regulations or controls, casualty, inability to obtain materials or Service(s) or acts of God, such Party shall be excused from performance for the period of the delay and the time for such Party’s performance shall be extended for a period of time equal to the duration of such delay.

Disclaimer
ServerManagementGuru.com will not be responsible for any damages your business may suffer. ServerManagementGuru.com makes no warranties of any kind, expressed or implied for services we provide. ServerManagementGuru.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ServerManagementGuru.com and its representatives, contractors or employees. ServerManagementGuru.com reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

ServerManagementGuru.com furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer’s failure to comply with those laws will violate this policy. Finally, ServerManagementGuru.com wishes to emphasize that in accepting services, customers indemnify ServerManagementGuru.com for the violation of any law or ServerManagementGuru.com policy, that results in loss to ServerManagementGuru.com or the bringing of any claim against ServerManagementGuru.com. This means that if ServerManagementGuru.com is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against ServerManagementGuru.com, plus costs and reasonable attorneys’ fees.

Although we try to maintain a very high level of service and service availability, the services provided by ServerManagementGuru.com 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.

THESE SERVICES ARE PROVIDED “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL SERVERMANAGEMENTGURU.COM OR ITS EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, OR ASSOCIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Refusal of Service
ServerManagementGuru.com reserves the right at its sole discretion to refuse or cancel service. Violation of any of ServerManagementGuru.com’s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts may be terminated for any or no reason at all without any prior notice to the customer. Accounts terminated due to policy violations will not be refunded.

Customer Abuse
We have zero tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. Threats to sue, slander, libel, etc., are all considered forms of abuse and will result in immediate irrevocable account termination without any refund.

Response Time and Resolution Time
We offer and guarantee an initial response within 6 hours, and subsequent responses and resolutions within 24 hours, per ticket. However, our average response time is within 1 hour, and our average resolution time is within 3 hours. 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 day, or the first 30 tickets per month, 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 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 migration request within our Response and Resolution time guarantee. The time it takes for the 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) Support can only be provided on a linux (redhat, fedora, centos) operating system and with cpanel, and must be accessible via ssh post-bootup. Fair Use Policy: We are proud to offer unlimited admin time at one low monthly price, and we ask our customers to be considerate of others. If we feel any one is abusing this, at our sole discretion, we reserve the right to limit the amount of concurrent open tickets. Please note that this still does not limit admin time. 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).

Waiver
Customer agrees that the waiver of any breach, or the failure to enforce these terms and conditions, at any time, shall not in any way affect, limit, or waive the right of ServerManagementGuru.com to thereafter to enforce and compel strict compliance by the other party regarding any of these terms and conditions.

Severance
If any one or more sections of these terms and conditions should ever be determined to be illegal, invalid, or otherwise unenforceable by reason of any law, statute, regulation, or public policy, then, to the extent and within the jurisdiction in which the section is illegal, invalid, or otherwise unenforceable, the section shall be limited or severed and deleted from these terms and conditions, and the remaining sections of these terms and conditions shall survive, remain in full force and effect and continue to be binding, and shall not be affected except as may be necessary to make sense of these terms and conditions, and shall be interpreted to give effect to these terms and conditions to retain validity of these terms and conditions.

Non-Payment
Payment for services must be received no later than 3 days after the first day of the renewal cycle. (For example, if your renewal date is on the 1st of each month, payment must be received no later than the 4th of each month.) If payment is not received within this time frame, services may be suspended. If payment is not received within 7 days after the first day of the renewal cycle, services may be terminated.

Public feedback
We have a zero tolerance policy for posting negative feedback on any public location about our company and/or our employees before submitting a ticket to our Feedback department to discuss your issue will result in immediate account termination without any refund. Although it is your right to post feedback without discussing your issue with us first, it is undoubtedly unfair and unprofessional not to, which is not the type of client we want to deal with. We have the utmost respect for all of our clients, and are more than fair with all of our clients. We will do anything and everything possible to keep all of our clients satisfied. But in the unlikely event you are not satisfied, all that we ask is to discuss your issue with our Feedback department first. For example, if you are the type of person to run to the forums at the first chance you get to complain, please do not sign up with us.

Confidentiality Statement
All inbound/outbound phone calls are recorded for internal quality assurance and tracking purposes. We at ServerManagementGuru.com ensure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by ServerManagementGuru.com, its representatives, contractors, and employees, for the purposes for which it was intended, for the benefit of the subscriber. We agree not to share or release such information for advertising or marketing purposes to any unaffiliated third party, without the consent of the subscriber, except as required by law, regulation or governmental authority. All information provided to us by the subscriber is properly stored and handled at all times by authorized ServerManagementGuru.com staff members, representatives, contractors and employees only.

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.

This agreement, user account, and billing will automatically renew unless canceled in writing 7 days or more prior to the renewal date.