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Proaxxs Legal Information

Updated 06/14/2010

Quick Reference Hosting Terms Hosting AUP Reseller Terms Dedicated / VPS Terms Dedicated / VPS AUP Admin Terms

Server Admin Terms of Service / SLA

This Service Agreement is hereby entered into by and between Proaxxs Web Solutions, hereafter referred to as Proaxxs, it's technical support team and 'YOU' hereafter referred to as Client. When a client signs up for our services from our order form or by making at least one payment to Proaxxs for our services, you agree to the following Terms and Conditions of Service.

Scope of Services

All services provided by Proaxxs may be used for lawful purposes only. The client agrees to indemnify and hold harmless Proaxxs from any claims resulting from the use of the service that damages the client or any other party. Proaxxs will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Proaxxs.

Liability Limitations

Proaxxs is not liable for any direct, indirect, incidental, consequential, punitive, or other damages (including, but not limited to, economic losses, lost profits, lost revenues, or lost data) resulting from the use of Proaxxs services by customer or any third parties, regardless of the form of action or theory of liability, or any loss of data resulting from delays, nondeliveries, misdeliveries or service interruptions.

Billing Cycle

All client billing cycles are based on the day that you signed up for service initially. The client will receive an invoice every month approximately seven days from the day their account becomes due. All clients are to make the full payments on or before due date in order to avoid service interruption.

Prices

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

Cancellation of Service

You may cancel the Agreement at any time by providing us with written authorization to cease the Service, by sending a cancellation notice via our help desk, at least  seven days before invoice due date. No other form of cancellation will be accepted. You agree to the auto-renewal of your account as long as you have not submitted cancellation request. This means that your account will continue to be paid for on a monthly basis until you have received a confirmation of service termination from Proaxxs. No service will be provided after your Service Plan has been canceled. Your account is NOT canceled until you submit a cancellation request to the cancellation department via the help desk in the members center. Your account will continue to incur monthly charges until this is done, or 60 - 90 days after last payment - After this time period, your account(s) will be terminated and removed from our servers. We will then send a final invoice notice. If we do not hear back from you within 72 hours to make arrangements for payment, your account will incur additional fees, and sent to collections. NO EXCEPTIONS.

Service Interruptions

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

Client Privacy

At no time will any client's sensitive data be given, made public, or used in any manner other then what is intended or is necessary for Proaxxs to do their job. Please rest assured that all of your sensitive data is safely protected and in good hands when you use our services.


Service Level

Our goal is to provide fast, comprehensive troubleshooting and resolution for any issues that you have with your server(s). Our
engineers have extensive training and hands-on experience with a wide range of hardware, operating systems, and server software applications. Proaxxs will make every attempt to provide support for any issue that you may encounter, however we can only guarantee resolution for issues which we have necessary experience and/or training for. These items are listed below.

Access to Servers

Proaxxs requires administrative access to your server(s) in order to provide services to you, as well access to hardware maintenance and technical support personnel at the data center should be granted.

Covered Issues

All hardware components that we install will be supported. Proaxxs network and power systems are monitored around the clock and routinely maintained. Operating system will be installed with the latest updates & security patches. Manual updates, security patching, security policy configurations, OS re-installs, and troubleshooting OS issues is also covered. OS re-installs may incur a fee of $25 - $75 (depending on os) unless they are due to faulty hardware. Proaxxs will provide support for all software which comes installed with supported control panels.

Software

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, Webmin, Plesk, Direct Admin, Virtuozzo, OpenVZ, mySQL, PHP, Apache, Litespeed Web Server, APF Firewall, CSF Firewall, IPTables, etc. If it's a "normal" add-on/upgrade, it's covered. If you have a question about supported/unsupported software, contact our support department.

Non-Covered Issues

Proaxxs 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 Proaxxs. Proaxxs 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.

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.

Other

Proaxxs also provides support for 3rd Party Software, DNS, server migrations, security audits, load balancing, and all add-on services which are available for purchase. NOTE: Most server admin plans include 3rd party software support. If in question, please ask.

Exceptions

Proaxxs 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.). Proaxxs 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, Proaxxs may be required to give the abusive customer a lower level of priority in the support queue and/or require payment to troubleshoot specific issues.

Response & Resolution Time

We guarantee a response time and resolution time as indicated on each plan, which will apply to all "normal" server management issues, per operating system/control panel used. 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, os, control panel.


Forum Posts & Reviews

We have a zero tolerance policy for posting negative feedback on any public forum or review site 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. So if you are the type of person to run to the forums or review site at the first chance you get to complain, please do not sign up with us.

 
 

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