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.

Assurance

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.

Jurisdiction

Any disputes arising out of this Agreement 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.

Refund Policy

Assistanz Networks Pvt Ltd's entire liability and Customer's exclusive remedy shall be the refund of up to thirty (30) days of service. 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.

Liability Limitations

CUSTOMER AGREES THAT THE CONSIDERATION WHICH Assistanz Network Pvt Ltd IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY Assistanz Network Pvt Ltd OF THE RISK OF CUSTOMER'S SIGNIFICANT OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH CUSTOMER'S USE OF THE SOFTWARE AND DOCUMENTATION. ACCORDINGLY, CUSTOMER AGREES THAT Assistanz Networks Pvt Ltd. SHALL NOT BE RESPONSIBLE TO CUSTOMER FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL, OR SIGNIFICANT DAMAGES ARISING OUT OF THE USE OF THE SERVICE OR DOCUMENTATION. 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.

Customer Satisfaction guarantee

Assistanz Networks Pvt Ltd. 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.

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 preinstalled 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, raid hardware/software, connections via kvm, live cd, disk recovery software, custom kernel compilations.

Disputes

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.

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 labour 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

Assistanz Networks Pvt Ltd. will not be responsible for any damages your business may suffer. Assistanz Networks Pvt Ltd. makes no warranties of any kind, expressed or implied for services we provide. Assistanz Networks Pvt Ltd. 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 Assistanz Networks Pvt Ltd. and its representatives, contractors or employees. Assistanz Networks Pvt Ltd. reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation. Assistanz Networks Pvt Ltd. furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws of the respective region concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Also, Assistanz Networks Pvt Ltd. would like to stress that in accepting services, customers assure Assistanz Networks Pvt Ltd. for the violation of any law or Assistanz Networks Pvt Ltd. policy, that results in loss to Assistanz Network Pvt Ltd or the bringing of any claim against Assistanz Networks Pvt Ltd. This means that if Assistanz Networks Pvt Ltd. is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Assistanz Networks Pvt Ltd., plus costs and reasonable attorneys' fees. Although we try to maintain a very high level of service and service availability, the services provided by Platinum Server Management, Inc. 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 PLATINUM SERVER MANAGEMENT, INC. 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.

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.

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

Server Management & Monitoring :

For support tickets, we offer and guarantee an initial response within 4 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 15 tickets per month, or the first 30 replies 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 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 dependant 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).

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

Support can only be provided on a linux (redhat, fedora, centos) operating system and with cpanel, and must be accessible via ssh.

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.

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. We reserve the right at our sole discretion to terminate any account whose amount of admin time consumption negatively effects other users.

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).

Plans other than Server Management includes SLA (Service Level Agreement) Contract Signup. Response Time & Resolution Time will be mentioned on the SLA.

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 Platinum Server Management, Inc. to thereafter to enforce and compel strict compliance by the other party regarding any of these terms and conditions.

SEVERABILITY

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.

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 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.

Public Notification

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. Furthermore, all of our policies that pertain to keeping information given to us confidential including but not limited to our privacy policy, confidentiality agreement, non-disclose agreement are nullified once you discuss your experience publicly. For example, if you make a post in public, then you are waiving your protection of privacy.

Backup Service

Backup Service is not included with any service by default. Backup service can be purchased upon request. Backup Service provides remote disk space for your server to send backups to. Backup Service is not intended and not permitted to be used as a primary backup source. Your server is responsible for generating the backups and uploading the backups to our Backup Service. Therefore, any problems with the backups, including but not limited to missing backups, corrupt backup files, incomplete backups, etc., are the sole fault of your server. All backup utilities are known to stop without notice sometimes, therefore it is absolutely necessary and extremely important that you check, test, and verify each and every backup file on a frequent and regular basis to make sure that the backups are up to date and complete. If you require any assistance with this, you must contact us each and every time you require assistance.

Confidentiality Statement

Phone Calls whether inbound/outbound are recorded for internal quality assurance and tracking purposes. Assistanz Networks Pvt Ltd. 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 Assistanz Networks Pvt Ltd., 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 customers is stored in secure place and are handled by authorized associates of Assistanz Networks Pvt Ltd.

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 cancelled in writing 7 days or more prior to the renewal date.