Terms Of Service

Disclaimer

ITServerManagement will not be responsible for any damages your business may suffer. ITServerManagement 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 ITServerManagement 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.

Refusal of Service

ITServerManagement reserves the right at its sole discretion to refuse or cancel service. Violation of any of ITServerManagement 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.

Support 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, and we further reserve our right to execute all rights and remedies that we may have at law and in equity.

Response Time and Resolution Time

For support tickets, we offer and guarantee an initial response within 1 hour, and subsequent responses and resolutions within 24 hours, per ticket. Depending on the complexity of the issue, if a ticket requires more time, we will inform you of this within the time frame and update you throughout the process. 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 24 hours, or the first 15 tickets per 30 days, or the first 30 replies per 30 days, whichever comes first, and additional tickets are not covered under our Response and Resolution time guarantees. 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.

Backups

We don’t take backup of any of your data. Backup software is enabled upon request only and backups are stored at the location provided by the customer.

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.

Exceptions

IT Server Management 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.). ITServerManagement 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, ITServerManagement 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.

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. Any service/account suspended for non-payment is subject to a 1.5 percent, per month late fee, with a minimum of $10, and we are under no obligation to handle support issues until any overdue invoice is paid in full.

Service Interruptions

ITServerManagement shall not be responsible for any delay or failure in performance, where the delay or failure results from reasons beyond the control of ITServerManagement. This includes but not limited to “acts of God”, riots, acts of war, fire, theft, power failure any mechanical, electronic, or communications failure or other disasters.

Prices

Prices are subject to change without notice. However we will notify prior to the end of your billing cycle.

Modifications to this Agreement

We reserve the right to change the Agreement at anytime, in whole or in part, at any time.