Terms of Service

General

Assistanz.com is in the business of providing the Services (hereafter referred to as “Service Provider”) and has the skills, qualification and expertise required to perform the Services.

The Client desires to engage the Service Provider to provide the Services and the Service Provider has agreed to do the same.

Pursuant to the above, the Parties comply with this Agreement to confirm and record the terms and conditions on which the Service Provider shall provide the Services to the Client, and other agreements in connection therewith.

The Service Provider reserves the right to change these terms and conditions, services, and the prices mentioned in this web site (hereinafter “Site”) at any time, at its sole discretion, without notice unless otherwise specified herein below.

Services

Provider offers products and/or services from its Site. Customers are advised to select a plan from the available options that fits their requirements. The terms “Assistanz.com” or “us” or “we” or “our” or “Provider” refer to Assistanz.com, regardless of capitalization. The terms “you” or “yours” or “user” or “Customer” refer to the Customer, regardless of capitalization. The term “Services” refers to the support services that Provider renders and other products and/or services as selected the customer from available options. All the Services provided by Assistanz.com may only be used for lawful purposes. The laws of the State of MICHIGAN, United States of America and Tamilnadu, India apply.

This terms and conditions are applicable only for the below list of services mentioned in our site. This term of Service is applicable for all the variants of the services listed in our site under the Menus ‘Cpanel Server Management’, ‘Plesk Server Management’ and ‘Directadmin Management’.

The remaining services mentioned in this site will have separate agreement for each service.

A respective server management License must be active for each server IP that requires support by Assistanz.com. A Server management license allows for support to login on a total of 1 server per license. You may change the IP address for the Licensed server once per month.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Use in any manner may be removed from our servers (or otherwise disabled), with or without notice. The client also agrees that all licensing is subject to approval by the software manufacturer and that the Service Provider has limited control over what licenses are revoked for inappropriate usage.

Any information sent to Provider, with the exception of credit card numbers or payment information and server login information, will be deemed NOT CONFIDENTIAL. Customer grants Provider an unrestricted, irrevocable license to display, use, modify, perform, reproduce, transmit, and distribute any information you send Provider, for any and all commercial and non-commercial purposes.

Unless otherwise agreed upon by the Service Provider in advance in writing, Client also agrees that the Service Provider is free to use any ideas, concepts, or techniques that you send. Service Provider for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts, or techniques.

The Service Provider may, but is not obligated to, review or monitor areas on its site where users may transmit or post communications, including bulletin boards, chat rooms, and user forums. The Service Provider is not responsible for the accuracy of any information, data, opinions, advice, or statements transmitted or posted on bulletin boards, chat rooms, and user forums.

Client is prohibited from posting or transmitting to or from this Site any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. However, if such communications do occur, Provider will have no liability related to the content of any such communications.

The Services mentioned in this site shall be provided at: Coimbatore, India.

Response Time and Resolution Time

Response time is defined as the initial response recorded on the ticket, which provides the customer with a status update and or response. Service provider agrees to provide thirty (30) minutes response time in average. The high priority tickets like server / site down or any service down issues will be responded with in 15 minutes and will be handled with high priority.

Resolution times may vary based on the complexity of the issues and the number of active tickets on the helpdesk. Service provider agrees to provide a resolution with in four (4) hours in average. It may extend in some cases, depends on the complexity of the issue. Refunds / credits will be provided at the sole discretion of the Service provider, if found to be in violation of terms listed. Exceptions due to causes beyond the control of Service provider 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.

Refund Policy

Assistanz.com provides its customers 100% customer satisfaction on its server management services. Clients who are not completely satisfied with our services within the first 3 technical support requests or first 10 days of using our service (whichever occurs first) from the date of signup will be given a full refund of the amount paid. 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. This guarantee applies only to first time customers, hence for any customer who uses our services and cancels and again signs up with us at a later date, the customer satisfaction guarantee is not applicable.

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 sign up with 2 or more server IP addresses, and request a refund within the first 10 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 are 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. Violations of the Terms of Use will waive any refund otherwise due to Customer.

Payment

In consideration of the Services rendered by the Service Provider, the Client shall pay to the Service Provider, the fees as specified in the respective server management plans defined in this site.

If the client did not cancel the service within the service period, Service provider consider it as the client continue the server management plan for the next month.

An invoice for the service provided will be emailed to the client 10 days before the next billing due date. Service provider will send payment reminders and the late fee 10% will be added to the invoice if the invoice is not paid within the due date. When an invoice is three (3) days past due the specific service(s) associated with that invoice will be suspended until payment is received.

If you cancel your account and your payments still continue to recur for any reason, including but not limited to 1) by fault of the credit card processor and/or 2) by fault of any other payment collection company, the amount will be added in credit under your account. You can either use it for the future service or you can request for refund. The entire over payment will be refunded without any charges.

Acceptable Use/Illegal Activity

Customer agrees that you are responsible for your use of the Site and the Services, including any information, data, text, software, sound, photographs, graphics, video, messages, tags or other materials (“User Content”) that you Submit to the Site through any means. For purposes of these Terms of Use, to “Submit” something means to email, post, upload, distribute or otherwise make available to Provider or on or through the Site whether electronically, by telephone, fax or any other means.

In using the Site or Services, you must comply with all Applicable Laws including all Applicable Laws related to the import, export or re-export, directly or indirectly, of any software accessed or downloaded from or through the Site.

The Client agree that you will not engage in any of the following or authorize or encourage any third party to engage in any of the following:

  • Submit any content that is unlawful, defamatory, hateful, invasive of another’s privacy, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by Provider in its sole discretion;
  • Submit any content that (a) infringes upon any third party Intellectual Property Rights or other proprietary right, (b) violates any contractual or fiduciary rights or obligations or (c) misappropriates any trade secrets;
  • Submit any content of which Customer does not have ownership (unless Customer has sufficient rights, consents or licenses to Submit such content);
  • Submit any content, script, code, software or other materials that contains viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Submit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except (a) in those areas (such as the Ads & Offers forum) that are designated by Provider for such purpose; and (b) only if such advertising and promotional materials comply with all Applicable Laws and are not false or misleading;
  • Use the Site or Services for any fraudulent or inappropriate purpose;
  • Attempt to gain unauthorized access to the Site or Services, other accounts, computer systems or networks connected to any Provider server or to any of the Services, through hacking, password mining or any other means;
  • Forge, delete or otherwise manipulate headers or other identifiers in order to disguise the origin of any content you Submit;
  • Stalk or otherwise harass another; or
  • Collect personal information about other users.

Without limiting any of the Service Provider’s other legal rights, remedies and defenses, all of which are expressly reserved, Service Provider may terminate or suspend any account for breach of these Terms of Use at any time in its sole discretion, including for any repeated breach of the provisions on User Content that violates third-party Intellectual Property Rights.

Term and Termination

This agreement shall remain effective until either party receives written notice of the desire to terminate this agreement and/or the contracted service(s). Upon termination of this agreement, Service provider shall be paid for all partial periods of service (if any), in full, or as demanded by the Service provider, prior to the date of service termination.

Cancellations must be done in writing to [email protected] or posting support ticket through our helpdesk portal . Cancellations must be made at least one (1) day before Customer’s service due date. Cancellations sent in on or after Customer’s service due date will not be subject to a refund. Once Provider receives Customer’s cancellation notice and has confirmed all necessary information Provider will inform Customer by e-mail that Customer’s service has been cancelled.

Service provider reserves the right at its sole discretion to refuse or cancel service. Violation of any of the Provider’s Terms of Use 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 client. Accounts terminated due to violations of these Terms of Use will not be refunded.

Force Majeure

No party will be liable for any failure or delay in performance of any of its obligations hereunder if such delay is due to acts of God, fires, flood, storm, explosions, earthquakes, general Internet outages, acts of war or terrorism, riots, insurrection or intervention of any government or authority; provided, however, that any such delay or failure will be remedied by such party as soon as reasonably possible. Upon the occurrence of a force majeure event, the party unable to perform will, if and as soon as possible, provide written notice to the other parties indicating that a force majeure event occurred and detailing how such force majeure event impacts the performance of its obligations.

Indemnity

Customer agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Provider, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Provider against liabilities arising out of; (1) any injury to person or property caused by any services and/or products sold or otherwise distributed in connection with Provider; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Provider’s servers.

Non-Solicitation

Notwithstanding any provision to the contrary, each of the Parties agree that the Parties (or any Person forming part of the Parties) shall not:

  1. directly or indirectly, partner with or enter into any activity or hire or attempt to hire for any purpose whatsoever (whether as an employee, consultant, advisor, independent contractor, partner or otherwise) any employee or consultant of the other Party;
  2. directly or indirectly, approach, canvass, solicit, or otherwise entice using any incentive whatsoever (whether such incentive be in cash, kind or a composite of the same or in any other manner), any employees, vendors, customer, consultant, contractor or agent of the other Party.

Confidentiality Statement (Non Disclosure Agreement)

Any information provided by the Service Provider, 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.com.

Service Provider may disclose any Client information to law enforcement agencies without further consent or notification to the Client upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Information like Server login information, Data resides in the client’s server shall remain confidential at all times and should not be distributed, copied, sold or published, for profit.

Dispute Resolution

  1. Any dispute(s) arising out of this Agreement shall, as far as possible, be settled amicably between the Parties hereto failing which the following shall apply:
  2. The courts in Coimbatore, India or Michigan, United states of America shall have exclusive jurisdiction over any dispute, differences or claims arising out of this Agreement.

Severability

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability will not affect any other provisions of the Terms of Use, and the Terms of Use will be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

GOVERNING LAW

This Agreement and all issues arising out of the same shall be construed in accordance with the laws of India.

These Terms of Use May Change

It is herby indicated that these Terms of Services of Assistanz.com might change from time to time due to our evolving business, and the changing nature of the Server management industry. New customers and existing customers have the responsibility to check these Terms of Services from time to time and will be immediately bound by any changes without any additional notification from Service Provider. Failure to abide by revised Terms of Service may lead to cancellation of services. Client’s continued use of the services means you accept the changes we have made.

By signing up with our server management services, you agree to accept, comply, and understand all of our above ‘Terms of Service’.