CUSTOMER MUST AGREE WITH THESE TERMS
IN ORDER TO UTILIZE OUR SERVICES
The following terms constitute an agreement between you and YourServerAdmin (“YSA™”). These Terms of Service govern your use of the services provided by YSA™ (the “Services”).
Access to Servers
Server Management and Support requires administrative access to your server(s) in order to provide services to you, as well as access to the personnel at the data center should be granted. If proper information is not provided, or updated to us, we cannot be responsible for any issues in your server whatsoever.
24/7 Support
You will have access to Server Management and Support via email, Instant Messengers, and help desk 24 hours a day 7 days a week – 365 days a year.
Response Time Guarantee
YSA™ guarantees a response time within 30 minutes Response time is the amount of time between when the client first creates an incident report (which includes sending an email, an instant message or using an online ticketing system) and when YSA™ actually responds to it with confirmation receipt, report or inquiry status.
Non-support related issues
Sales, billing, or any other non-support related issues (including programming and scripting requests) are not covered under our Response time guarantee.
Resolution Time
Resolution time is the amount of time between when the client first creates an incident report and when that problem is actually solved or workaround provided to a client. Resolution time depends on the complexity of each particular issue. While there is no fixed resolution time guaranteed, YSA™ will make the best effort to resolve it as early as possible. Depending on the complexity of the issue we solve it in a reasonable amount of time. If a request requires more time, we will inform you of this within the time-frame and update you throughout the process
24/7 Server and Services Monitoring
YSA™ will monitor server and services: ping, http, https, smtp, ftp, ssh, dns, disk usage, RAM usage, swap, memory, cpu load, raid status (if possible), processes monitoring, exploit run attempts, system performance, database and any other service performance, per client request. Monitoring is done in real-time 24/7/365
Monitoring of the server/services is carried out exclusively based on the chosen monthly support plan. The monitoring on an hourly basis is not available. If we see a problem on the server we will alert you or/and perform the appropriate steps in accordance to your chosen support plan.
Changes of a Support Plan
Customer can shift from its present Monthly Plan to any other plan available or hourly support during the contract period by sending a request to Sales and Billing department. YSA™ does not charge anything for the plan change to come into effect. The change of the Monthly Plan will come into operation from the next billing date.
Non-Covered Issues
YSA™ will not provide technical support or troubleshooting for any custom software applications. If you have custom-coded software installed on your server, it will be your responsibility to install, maintain, and troubleshoot it, unless a custom service contract has been arranged with YSA™. YSA™ will not be responsible for any software you attempt to install in your server, while having server managed by YSA™ on a monthly basis. It is highly recommended that if you need to make any changes in your server, that you open a support ticket or send a request and ask our support team for help or/and coordinate your actions on server with YSA™ support team.
One-Time and Hourly Services
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. We will always try to set clear expectations at the beginning of any one-time support case. The Customer must coordinate and agree with YSA™ upon the character and the volume of technical intervention before the payments for one-time and hourly services are done.
Technical Support Time Calculation
Worked time is counted and billed at 30 min increments for hourly support jobs.
Billing and Payments
Monthly fee will be due on the anniversary date of your signup and is not prorated to the beginning of each month. For example, if Customer signups on January 20, the billing period will be January 20 – February 20. Minimum billed period for monthly support plans is one month. There is no refund or re-calculation of monthly fee for the unused days during the billing period. The Customer will receive an invoice within 7 days after the signup. The Customer is subjected to make the full payments before the end of the billing period for monthly support subscriptions to avoid service interruption, and/or within 7 days after completion of works and invoice issue for hourly and one-time works.
YSA™ may temporarily deny service or terminate this Agreement upon the failure of the 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 that reach 10 days past due.
Cancellation of services
Cancellation has to be made by emailing Sales and Billing Department and not by informing Technical Team or/and in a live chat or any of our IM (Instant Messengers). There is no cancellation fee. Customer reserves the right to cancel the Service for any reason with prior notice of 7 (seven) days.
Refusal of Service
YSA™ reserves the right to refuse or cancel the Service at its own discretion. Violation of any of these Terms will result in a warning, suspension, or termination of Service. Service terminated due to Terms of Service violations will not be refunded.
Changes to Terms of Service
YSA™’s Terms of Service is subject to change at any time and without notice at the sole discretion of YSA™. A change in policy shall not be grounds for early contract termination or non-payment. Client recognizes that the nature of the service supplied and the initial rates and charges have been communicated to the client. The client is aware that from time to time rates may change based on overall market conditions or other factors. Clients will be notified of any increases in rates or charges prior to the billing renewal date on which such increases will take effect.
Employment Solicitation
Customer agrees not to directly or indirectly recruit, solicit, or otherwise induce or attempt to induce any employee of YSA™ to terminate his or her employment with YSA™ or otherwise to act contrary to the interests of YSA™ during this Agreement and for a period of two years after its expiry or termination engage.
YSA™ will not solicit, employ or retain any employee of Customer during period specified above.
Confidentiality and Non-Disclosure of Client’s Information
YSA™ will keep the Client’s Confidential Information in confidence and will not, at any time during or after the term of this Agreement, without prior written consent from the Owning Party, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.
Force Majeure
YSA™ shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
Liability
Customer understands and agrees that YSA™ and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if YSA™ has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.