Terms of Service & Policy
Terms of Service and Policies
Assistanz Networks Pvt Ltd welcomes you to its Services and shall hereby state to provide the services to the buyers subject to following terms and conditions which may change from time to time.
Assistanz has clearly given the services that are offered in their website and customers are advised to opt or choose a plan that fits their requirement. The term “Assistanz” or “us” or “we” refers to Assistanz and “company” or “user” or “customer” refer to the customers. To be clear on the services the term “services” refers to the support services that we render and other respective services as opted by the customer. All services provided by Assistanz may only be used for lawful purposes.
When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party and will take reasonable steps to keep it from being disclosed to any third party. All information provided to us by the customers is stored in secure place and are handled by authorized associates of Assistanz Networks Pvt Ltd.
Acceptable Use/Illegal Activity
Assistanz strives to maintain a high-level of service, and many of our customers are satisfied and depend on our high standards of quality. As such, we will not provide services to those that are using our services for any unlawful activities and if found so will result in service termination and legal proceedings.
Server Management and Monitoring
In this section Assistanz intends to state the contents with two main categories as
A. Response time
B. Resolution time
A. Response time
Response time is defined as the initial response recorded on the ticket, which provides the customer with a status update and or response. Assistanz agrees to provide a guaranteed response time of 4 hours for all support tickets, though the average response time is 30 mins (Thirty Minutes) for most of the tickets. Refunds / credits will be provided at the sole discretion of Assistanz, if found to be in violation of terms listed. Exceptions due to causes beyond the control of Assistanz will not be considered sufficient grounds for refunds / credits.
B. Resolution time
Resolution time is defined as the time elapsed between the actual reporting of the problem and the resolution of the problem. Resolution times may vary based on the complexity of the issues and the number of active tickets on the helpdesk. Assistanz agrees to provide a guaranteed resolution time of 24 hours for all support tickets, though the average resolution time of 4 hours (Four Hours and varies depending on the complexity of the issue) for most of the tickets. Refunds / credits will be provided at the sole discretion of Assistanz, if found to be in violation of terms listed. Exceptions due to causes beyond the control of Assistanz will not be considered sufficient grounds for refunds / credits.
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 don’t provide any back up service by default. However we do have a back up service too and it can be purchased upon request. If a back up service is purchased it is also highly important to be noted that the backup service and its function is done on your server and it is your sole responsibility to see if the back ups are up to date and complete.
The customer agrees to indemnify and hold harmless Assistanz from any claims resulting from the use of our services. Customer agrees that it will protect, assure, save and hold Assistanz Networks Pvt Ltd. harmless from any and all provisions, liabilities, losses, expenses and claims, as well as reasonable legal representative fees assessed against Assistanz Networks Pvt Ltd Inc., 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, assure and hold Assistanz Networks Pvt Ltd. harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Assistanz Networks Pvt Ltd's Services; (2) any material furnished by customer breaching on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from Assistanz Networks Pvt Ltd's Services.
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.
In this section we would like to stress on the negative feedback. Customers are advised to deal with Assistanz and its representatives first for any lacklustre in service is shown. Rather than posting any negative feedback in any of the public location we strongly advise customers to deal with us and not to take it outside which might bring disrepute to Assistanz and this might lead to waive all your privacy as we got to defend our self. We would also like to stress that we respect all our clients equally and will assure that any sort of complaints can be dealt between us rather than creating a pandemonium in the public. We have a zero tolerance policy for such actions as this will affect the rapport between Assistanz and the customer. It is also stressed here that Assistanz will see to satisfy its customer for any of the services that the customer has opted for to the very extreme end of satisfaction. Posting negative feedback on any public location about our company and/or our employees before submitting a ticket to our Quality Control department to discuss your issue will result in immediate account termination without any refund.
No Party shall be liable for any failure to perform its obligations where such as failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity [or telephone service], and no other Party will have a right to terminate this Agreement.
Guarantee of refund and customer satisfaction are highlighted in this part of the TOS.
A. Refund Policy:
We offer you a 30 Day Money-Back Guarantee on all webhosting support plans. And here is how our cancellation policy works. It is very simple. If you cancel your account we will provide you with a full refund for the remainder of your term, excluding any setup fees that were charged when you signed up. Only one (1) refund per customer or affiliate thereof will be honored. (For example, if you signup and request a refund, and then signup 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 signup 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). Refund cannot be done for Server Migrations and Core Security updates that is performed on the server. 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 of any kind for any reason may take up to 30 days from the time the refund is requested or offered for processing.
B. Customer Satisfaction:
Assistanz provides its customers 100% customer satisfaction on its server management and monitoring services. Customers who are not completely satisfied with our services within the first 3 technical support requests or first 30 days of using our service (whichever be the earliest) from the date of signup will be given a full refund of the amount paid. This guarantee applies only to first time customers, hence any customer uses our services and cancel and again signs up with us at a later date, the so called customer satisfaction guarantee is not applicable.
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 timeframe, services may be suspended. If payment is not received within 7 days after the first day of the renewal cycle, services may be terminated.
Disputes on part of the payments have restrictions. All payments after the first month of service Assistanz Networks Pvt Ltd. are non-refundable, despite the usage or reason. Any discrepancies found in billing must be reported within 60 days. If you dispute a charge to your credit card issuer that, at Assistanz Network Pvt Ltd’s sole discretion is a valid charge under the provisions of our TOS, you agree to pay Assistanz Network Pvt Ltd an "Administrative Fee" of $100 per dispute. All unpaid debts and dispute fees may be sent to credit collection agencies.
Term and Termination
According to the original term of this agreement, it shall remain effective until either party receives written notice of the desire to terminate the validity of this agreement and / or the contracted services. Either party will provide a written notice with a 30-day notification, of the cancellation and the reason for cancellation, if required by either party. Upon termination of this agreement, AssistanZ shall be paid for all partial periods of service (if any), in full, or as demanded by AssistanZ, prior to the date of service termination.
Assistanz Networks Pvt Ltd. reserves the right at its sole discretion to refuse or cancel service. Violation of any of Assistanz Networks Pvt Ltd.'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.
Disclaimer of Warranties
The terms of service till now might have been easily understood and at this point it must also be noted on some legality on the Disclaimer. By getting some expert advise from our legal advisors while dealing in disclaimer we have been advised to retain its legality.Assistanz EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Assistanz MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Assistanz DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
This is another section that has to retain its legality. Simply stated, what this section is saying is that if something goes wrong, Assistanz. cannot be held liable for it. IN NO EVENT SHALL Assistanz. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Assistanz. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any provision herein to the contrary notwithstanding, the maximum liability of Assistanz Networks Pvt Ltd. to any person, firm or corporation whatsoever arising out of or in 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 of contract or otherwise, shall not exceed the actual price paid to Assistanz Networks Pvt Ltd. 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 Assistanz Networks Pvt Ltd. 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 Assistanz Networks Pvt Ltd. to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
Confidentiality Statement (Non Disclosure Agreement)
All written, electronic and verbal information provided by company in connection with the execution of this agreement and the contracted services, is considered proprietary information of Company (Service Buyer) and will be kept confidential at all times and under all circumstances and will not be shared by AssistanZ or its associates, except when required by law to comply with, or required to assist, the law enforcing agencies. Any information provided by AssistanZ, be it procedures of resolution and / or proprietary technical data, shall remain confidential at all times and should not be distributed, copied, sold or published, for profit or otherwise, without the written consent of AssistanZ. AssistanZ agrees to be bound by the same terms agreed herein, when dealing with the information and / or data and / or password provided by the company (Service Buyer).
Governing Law and Choice of Form
The laws of India will govern this Agreement. Disputes if any which arises based on the TOS will be proceeded under the Indian government law and its jurisdiction and the venue over any dispute arising out of this agreement will be Coimbatore, India. This agreement becomes effective once you submit your order/sign up with us for choosing any of the services that we offer.
Copyright Infringement Information
Assistanz advocates a strong policy for copyright. Assistanz has come up with a policy that if the users are found to be infringing the copyright it might lead to the suspension or termination of user accounts and services that has been rendered to them with immediate effect. Assistanz also agrees to be bound by the same terms.
The remaining provisions of this Agreement shall be considered valid and enforceable, in the event of one or more such provisions being held invalid and unenforceable. If any such provisions are to be held valid by a court of law, with certain limitations imposed, then those terms shall be deemed to be valid, with those limitations imposed.
These Terms of Service May Change
It is herby indicated that these terms of service of Assistanz might change from time to time due to our evolving business, and the changing nature of the web hosting support industry. New customers and existing customers must have the responsibility to check TOS from time to time and abide by what is given there failing to which will lead to the cancellation of services that is rendered to them. We will post the changes here, and your continued use of the service means you accept the changes we have made.
By using Assistanz Support Services, you agree to the above terms of service.