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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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