for Server Management Clients
Last modified: 08 February 2016.
"Service" refers to any service provided by The Company (Poralix) to the Customer.
Customer agrees to the following terms of service:
Term:
Customer agrees and understands that Poralix will not be liable for any type of damage including loss of profits, data or other intangible losses. We hold no responsibility should a server be hacked, exploited, cracked or in any other way become damaged due to client or 3rd party actions. We reserve the right to decline management services should the client, clients staff, or any person(s) the client has allowed access to the server disrupt proper server functioning. This includes all software, and configurations. If you require assistance please advise Poralix immediately.
Poralix warrants that the services shall be provided in a timely and professional manner.
Poralix shall provide Best Effort Support at all times.
Customer understands that server management occurs as queued tasks.
Please see sections: "Bumping tickets and scheduling time", "Holidays", as they all are the parts of these Terms of Service.
Response time: We typically respond to e-mail inquiries within 1 hour during normal business hours. See the link "Response Time and Resolution Time" for more details.
Resolution Time: Typically an issue is resolved by us within 24 hours during normal business days. The average resolution time is within 3 hours during normal business hours. See the link "Response Time and Resolution Time" for more details.
Operating Hours:
One-time Services: Non Urgent requests are handled 9:00-19:00 (UTC/GMT +7), from Monday through Saturday excluding Bank Holidays.
Recurring services: Non Urgent requests are handled 9:00-19:00 (UTC/GMT +7), from Monday through Saturday excluding Bank Holidays if other is not specified in Monthly Package details.
One-time Services:
One-time services include the "DirectAdmin Control Panel Installation", "Linux Software and Kernel Upgrade", "Linux Server Hardening", "Linux Server Optimization", "Server Abuse Handling", "Disaster Recovery", "Server Migration", "Linux Server Administration Upon Request", "Linux Emergency Services", administrative time, any other non-monthly or non-ongoing services provided by Poralix. No support will be given to these services, including troubleshooting any problems that occur caused by the services, unless Poralix so chooses. Poralix reserves the right to refuse additional support depending on the company’s area of expertise.
Hourly support (administrative time) is issued under a limited period of validity. The default validity period is limited to 90 days if other is not specified on a page with a service details. All unused hours will expire on 90th day after a day of initial payment.
One hour minimum payments are required with administrative time (Linux Server Administration Upon Request).
One time services do not carry any specific guarantee. All cases are handled on a best-efforts basis. Although we do our best to provide the best results, 100% success is not realistic, and not guaranteed. Poralix will always try to set clear expectations at the beginning of any one-time support case.
Should the Customer has any comments or claims on the work carried out by Poralix, they must be submitted by email within seven (7) days from the service date. If the Customer misses this period, any additional work on a Customer's server including but not limited to a case investigation and performance analysis, changes to configurations may be made only as a new order after an appropriate payment.
Recurring Services with monthly subscription:
Recurring services with Per-Server Packages including but not limited to "Silver Reactive Server Management", "Gold Proactive Server Management", "Platinum Proactive Server Management", "Startup Reactive Server Management" are provided monthly per server IP address.
Poralix won't provide any code editing or scripting support in Per-Server Packages. Our Per-Server Packages with monthly subscription DO NOT include coding, writing or modifying of plugins, skin templates, etc.
If you need script editing or coding support, writing of a plugin as well as other kind of PHP/Perl scripts, you need to subscribe for a Time Based Package or pay it on an hourly basis as one time service.
Recurring services with Time Based Packages include "Monthly subscription with 5 hours", "Monthly subscription with 10 hours", "Monthly subscription with 15 hours" and are provided monthly without a bind to a server IP. The Time Based Packages provide Linux Server Support upon request and can be used for coding and scripting (if agreed).
Support hours included with monthly Per-Server Packages and Time Based Packages are not accumulated from period to period. The support time quota is renewed monthly. Unused hours are not carried over to the next billing period.
Policy of changing IP address:
Support can only be provided on the IP address registered in your account. If you change your server IP address for any reason (ie, move to a new server, obtain a new server, change the main server IP address, etc), it must be added to your account first by submitting a ticket to the Billing department. Support can not be started nor provided for any reason on the new IP address until the Billing department has added the new IP address to your account.
Recurring services are 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). If you need to migrate data from a server to another one before the billing cycle renewal date we kindly recommend to order new services.
Supported OS, and Access requirements:
Support can only be provided on a Linux (RedHat, Fedora, CentOS, CloudLinux, Debian, Ubuntu) operating system with or without Directadmin, and must be accessible via ssh. All websites accessed to complete any task (such as replicating issues, testing functions, submitting reboots for monitoring, etc) must be accessible via plain HTML, and not require any addons such as ActiveX, Java, etc. to view the page.
Itemized reports:
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.
Backups of your data:
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.
Prices:
All fees are exclusive of all taxes or duties imposed by governing authorities. The subscriber alone is responsible for payment of all such taxes or duties. Same applies to the commissions applied by his bank, credit card company or PayPal subscription. The net amount received to our account is credited to the client’s account with us. In case of wire transfers, the client pays all related commissions to his own bank. The amount received to our account with all fees deducted from it is considered the total payment amount.
All prices and plans are subject to change without any individual prior notice. Any change in monthly fees will apply to your next service period, but will not be payable for your current service period.
Billing:
Customer agrees to pay Poralix for all charges incurred under his account, including all applicable taxes, fees and surcharges. The client authorizes Poralix to charge his designated payment method for these charges. If Poralix does not receive payment from his designated payment method, the client agrees to pay all amounts due upon demand by Poralix or its operators.
All accounts are set up on a pre-pay basis. It is the customers' responsibility to inform Poralix on changes in credit card type, PayPal or Moneybookers (skrill) e-mail address or expiration date to their credit card.
Customer agrees not to chargeback any credit card, PayPal or Moneybookers (skrill) payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency.
One Time Fees:
One time fees, such as setup fees, administrative fees and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.
Setup Fees and One Time Services are NON-refundable under any circumstance, unless deemed appropriate by the Company.
Non-Payment:
Poralix may temporarily deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges. Service will be interrupted on accounts immediately that do not provide payment on the due date. Early notification is suggested to prevent such interruption in service.
All monthly payments are due in full on the monthly anniversary date.
A late fee of 20% (with minimum $3) will be incurred for failure to remit any payments for service provided by Poralix.
Refusal of Service:
Poralix reserves the right at its sole discretion to refuse or cancel service. Violation of any of Poralix'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.
Zero Tolerance:
Poralix will provide no service of any type for customers which host, promote or are in any way purposefully engaged in pornography (includes both hardcore and softcore pornography), gambling, warez, get-rich-quick, malicious software, hacking, spamming or any type of illegal activity or host content deemed inappropriate by our sole discretion. If you have pornography or any other prohibited content on your servers Poralix does not want your business.
Fair Use Policy:
We are proud to offer unlimited admin time at one low monthly price with monthly subscription if it's specified in a package you've selected, 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.
Customer Abuse:
Poralix has no 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.
Cancellation:
Cancellation has to be made by emailing sales for authorization purpose and not by informing it on live chat or any of our IM (Instant Messengers). Although no notice is required, and there is no cancellation fee. Customer reserves the right to cancel the Service for any reason with prior notice of 7 (seven) days.
Severance:
If any one or more sections of these terms and conditions should ever be determined to be illegal, invalid, or otherwise unenforceable by reason of any law, statute, regulation, or public policy, then, to the extent and within the jurisdiction in which the section is illegal, invalid, or otherwise unenforceable, the section shall be limited or severed and deleted from these terms and conditions, and the remaining sections of these terms and conditions shall survive, remain in full force and effect and continue to be binding, and shall not be affected except as may be necessary to make sense of these terms and conditions, and shall be interpreted to give effect to these terms and conditions to retain validity of these terms and conditions.
Public feedback:
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-disclosure 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.
Change of Conditions:
Poralix retains the rights to alter and amend these terms and conditions as required and without notification in the interest of our users. All changes to this page will be applicable to previous versions.
If you do not accept or understand any part of our TERMS OF SERVICE including this page "Response Time and Resolution Time", please contact us immediately prior to signing up with our service.
This TERMS OF SERVICE including this page "Response Time and Resolution Time" constitutes the entire agreement between you and Poralix and dictates your use of the service. By subscribing to and/or utilizing our services, you agree to accept, comply, and understand all of our TERMS OF SERVICE including this page "Response Time and Resolution Time" in full.
