Server Admin Service Level Agreement / Terms of Service

This Service Agreement is hereby entered into by and between Proactive Server Management, a Proaxxs Company, hereafter referred to as "US" or "Proactive Server Management", it's technical support team and 'YOU' hereafter referred to as Client. When a client signs up for our services from our order form or by making at least one payment to US for our services, you agree to the following Terms and Conditions of Service.

 

 

Service Level Agreement (SLA)

Our goal is to provide fast, comprehensive troubleshooting and resolution for any issues that you have with your server(s). Our engineers have extensive training and hands-on experience with a wide range of hardware, operating systems, and server software applications. Proactive Server Management will make every attempt to provide support for any issue that you may encounter, however we can only guarantee resolution for issues which we have necessary experience and/or training for. These items are listed below.

Access to Servers

Proactive Server Management requires administrative access to your server(s) in order to provide services to you, as well as access to hardware maintenance and technical support personnel at the data center should be granted. If proper information is not provided, or updated to US, we can not be responsible for any issues in your server whatsoever.

Covered Issues (Our Servers)

All hardware components that we install in any of our servers will be supported. Proactive Server Management network and power systems are monitored around the clock and routinely maintained. With all servers that we manage, operating system will be installed with the latest updates & security patches. Manual updates, security patching, security policy configurations, OS re-installs, and troubleshooting OS issues is also covered. OS re-installs may incur a fee of $25 - $75 (depending on os) unless they are due to faulty hardware. Proactive Server Management will provide support for all software which comes installed with supported control panels, in our servers.

Software

Third party server software installs are covered on all admin plans with the exception of our basic admin plan. Third party server software installs and support/config is covered on our complete and premium admin plans. Considering the number of available software applications on the internet today, it is simply not possible to be able to know them all. While our engineers are very good at researching issues for unsupported software, we cannot guarantee a resolution for issues with any software other than what is normally provided, such as, but not limited to: cPanel/WHM, Fantastico, Webmin, Plesk, Direct Admin, Virtuozzo, OpenVZ, mySQL, PHP, Apache, Litespeed Web Server, APF Firewall, CSF Firewall, IPTables, etc. If it's a "normal" add-on/upgrade, it's covered. 3rd party end-user software/scripts not related to your operating system/control panel, such as, phpmotion, clipbucket, shoutcast, livezilla, billing software (e.g. whmcs, clientexec), etc. is not considered server related, and will not be covered. If you need assistance with such software/scripts, see our one-time service, or contact sales. If you have a question about supported/unsupported software, contact our support department.

Non-Covered Issues

Proactive Server Management 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 US. Proactive Server Management will not be responsible for any software you attempt to install in your server. If you need something installed, please open a ticket in our helpdesk and ask techs for help. When we say "server management" this means we will manage issues in your server, and related to your server, and not individual accounts or domains, as this would be next to impossible to do. If support request is beyond the scope of "normal" server management it will not be covered. Beyond "normal" means any support requested from techs that would not normally be done on your machine, or that could cause issues. IMPORTANT: We will not be responsible for any changes you or someone else makes in your server - It is highly recommended that if you need to make any changes in your server, that you open a support ticket and ask our support team for help. Because of the intricacies of abuse complaints, our support staff normally does not handle these kind of issues. If you do require the handling of abuse issues, you would need to provide detailed instructions.

Exceptions

Proactive 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, pointing DNS, enforcing proper AUP, managing your clients, etc.). Proactive Server Management 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, Proactive Server Management 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.

Response Time Guarantee

Proactive Server Management guarantees a response time as indicated on each plan, normally under 60-90 minutes (see plan in question). Proactive Server Management will credit you 1% of your monthly service fee, per failed response, on that services monthly billing cycle, not to exceed your total monthly service fee. Proactive Server Management will also credit you 10% per ticket fee on any "per ticket" support plan. The response time guarantee applies to the first reply to your opened ticket only and does not apply to every reply after that.

Resolution Time Guarantee

Proactive Server Management guarantees a resolution time as indicated on each plan (see plan in question), which will apply to all "normal" server management issues, per operating system/control panel used. Proactive Server Management will credit you 10% of your monthly service fee, per failed support resolution, on that services monthly billing cycle, not to exceed your total monthly service fee. Credit will be calculated on the actual service portion of package. Proactive Server Management will also credit you 50% per ticket fee on any "per ticket" support plan. If support request is beyond the scope of "normal" server management it will not be covered. Beyond "normal" means any support requested from techs that would not normally be done on your machine, os, control panel, etc.

SLA Claims

If account is in arrears and/or have three or more late pays in previous 12 month period, you will not be eligible for any SLA claims.

Credits

Credit requests must be made via the Proactive Server Management helpdesk, by opening a ticket to the "feedback department", within 5 days of incident, or credit will be forfeited. To receive a credit you must request a credit, and provide valid details on why a credit should be issued. The total amount credited to a Client for Proactive Server Management not meeting SLA service levels will not exceed the service fees paid by Client for such services for the period in question. Each "valid" requested credit will be applied to a Clients invoice within 30 days after Proactive Server Management's receipt of such request. NOTE: That our response/resolution time guarantees apply to support related issues only - non support related issues (such as sales or billing) will not be covered, as non support personnel normally work traditional hours, and not 24/7 such as our support staff.

Response Time & Resolution Time Explanation

Each plan indicates the response and resolution time provided per issue - See your specific plan for details - e.g. Response Time (average/max) 20/60 mins - Resolution Time (average/max) 2/12 hours -> Initial response will be from an L1/L2 tech. An L1/L2 issue can normally be resolved in a short period of time. Any L3 issue will be escalated to an L3 tech. Our L3 tech will resolve the issue in the shortest amount of time possible, up to the maximum resolution time indicated on plan. Response & resolution time applies to server related issues only, and only actual support issues sent to the "dedicated support department". Some issues which would not be covered under our resolution time guarantee would be asking to resolve more than one issue in one ticket (each issue requires a new ticket), work such as server migration and/or restoration which can take a very long time to complete (sometimes days), as we have no control over the amount of data, network speed, server load, etc. In addition, if support request is beyond the scope of "normal" server management or any issue that can not be replicated or is intermittent in nature, it may take a long time to resolve - if we can not see the issue, we can not resolve it. NOTE: That opening new tickets and/or replying to an open ticket asking "what is the status" only delays the process and therefore could move your ticket to the bottom of the list, and would not be covered under our resolution time guarantee. If you ever feel "Support Tickets" are not being replied to in a timely manner, please open a ticket to the "Feedback Department" and our customer service or management will be happy to discuss any issue with you.

Ticket Support Limits

If current monthly ticket average indicates you may go over your allotted tickets, we may ask you to upgrade your plan or purchase a top-up bundle. Accounts over allotted limit(s) may incur an overage per ticket surcharge, billed in arrears - Be advised that ticket audits are done on a quarterly basis, so it is recommended that you keep a tally of tickets handled by our staff to avoid excessive ticket overage fees. As a courtesy minor/occasional overages will not be counted. Be advised that every ticket our staff replies to will be counted in every plan that offers a ticket limit.

Administration Work Overages

Our admin plans will include either unlimited admin time (as explained above - within reason) or limited/allocated admin time, depending on plan. If your admin plan includes a set number of allocated admin hours and you go over these hours, then there will be a hourly charge of $59 (billed in 15 minute increments) minimum 1 hour per job, billed in arrears, Or for best value you may want to consider moving to the next plan.

Live Chat Service

All chat operators are trained according to the the procedures and information you provide us, and the information on your site. Training typically takes from 2-7 days to train our operators depending on the scale of your business. Understand that as with any service, things do change and therefore it is a continuous learning process. As long as you provide us the required information, there should be no issues.

Levels of Service

Level 1 - only works on end user issues without access to control panel or SSH

 

Level 2 - This is an intermediate support level which requires server access via control panel, for performing support operations like account migration, control panel upgrades, troubleshooting issues related to mail server, web server, DNS server, MySQL server, log analysis, etc. no admin tasks

 

Level 3 - This is an admin level support which requires server access via ssh, to handle complex issues and provide analytical solutions. Critical server wide tasks are performed like performance tuning of servers, server audit, server migrations, 3rd party software installations, etc

 

Server Admin - Server Management Administration includes, but not limited to: Initial server setup, server hardening, Control panel installation and config, Customization and Tweaking, Firewall install and config, Anti-spam and anti-virus install, Security hardening, Security updates to software, Security audits , Server optimization, Critical patches to the operating system and web server, Updates, Kernel updates and upgrades, Log auditing/analysis , Server backup and restoration, Disaster recovery, Server Software install & support, etc.

 

Terms of Service (TOS) - Scope of Services

All services provided by Proactive Server Management may be used for lawful purposes only. The client agrees to indemnify and hold harmless Proactive Server Management from any claims resulting from the use of the service that damages the client or any other party. Proactive Server Management will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Proactive Server Management.

Liability Limitations

Proactive Server Management 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 Proactive Server Management 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.

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 1/2 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.

Prices

Prices are subject to change without notice. However your price will remain the same as when you signed up, during your contract period.

 

Be advised that a new admin plan is required for any new server you need server management for. Existing plans cannot be transfered to a new server.

Cancellation of Service

Cancellation requires a two (2) day written notice. You may cancel the Agreement at any time by providing us with written authorization to cease the Service, by sending a cancellation notice via our help desk, at least two days before invoice due date. No other form of cancellation will be accepted. You agree to the auto-renewal of your account as long as you have not submitted cancellation request. This means that your account will continue to be paid for on a monthly basis until you have received a confirmation of service termination from US. No service will be provided after your Service Plan has been canceled. Your account is NOT canceled until you submit a cancellation request to the cancellation department via the help desk in the members center, or using the cancellation form located here. Your account will continue to incur monthly charges until this is done, or 60 - 90 days after last payment - After this time period, your account(s) will be terminated and removed. We will then send a final invoice notice. If we do not hear back from you within 72 hours to make arrangements for payment, your account will incur additional fees, and sent to collections. NO EXCEPTIONS.

 

NOTE: Not canceling through our ticketing system, or canceling your paypal subscription, or moving your service elsewhere, is NOT a valid method of cancellation--nor is Proactive Server Management even aware if such occurs.

Billing & Refund Policy

Except as specified elsewhere in this agreement, all payments to Proactive Server Management are final and non-refundable. This includes the one-time setup fee and all subsequent charges or fees regardless of usage. In addition, if our technicians start any work for client, there will be no refund given. Refunds will be made where we are legally obligated to do so. We may also provide refunds at our discretion. If you believe you have been overcharged or falsely billed, you must communicate these concerns to our Billing Department within twenty-eight (28) days of such overcharge or false billing. Any "valid" credit or refund will be issued within 30 days after credit or refund is granted. Proaxxs does not pro-rate any charges.

 

If you signed up on one of our promos, and you miss a payment without informing us ahead of time, your monthly fee for service will revert to our regular pricing. If we offer any freebie such as free setup, free software, etc, any refund given will be reduced by the amount of any freebie(s). In addition, if you are constantly late, our automated system will apply a late fee on the first day invoice is past due.

Bank Assisted Disputes

(“Chargeback”), Payment Disputes or Payment Reversals. Initiation of any complaint or Bank Assisted Dispute (chargeback) against us constitutes a severe breach of this agreement. A "complaint or chargeback" shall be defined as initiating any form of complaint or chargeback with PayPal, your credit card issuer or bank. Upon receipt of a complaint or chargeback, or threat thereof, Proactive Server Management will immediately suspend or disconnect all Services provided to the Customer. If we do not hear from you within twenty-four (24) hours of such suspension, we will immediately cancel and terminate all Services provided, not just the Service that is being disputed. There will be an automatic minimum $35 chargeback fee added to your account. We will then initiate proceedings with our collections agency to collect and recover the full amount for services. In the event our collections agency is involved, the Customer agrees to pay a "Collections Fee" of not more than $150.00 USD in addition to the total of all charged back services and fees.

Support Abuse

Abuse or disrespect directed towards our staff or network staff will never be tolerated. If you are disrespectful, use foul language, threaten us, post invalid negative information on us in a public forum or other site, or do anything else we may find offensive, you will be considered in severe breach of this agreement. Violations of this policy carry heavy penalties including, but not limited to, warning, extended suspension or disconnection of all Services provided, or cancellation of all Services provided. Prior to un-suspension or disconnection of a Service suspended or disconnected for violation of this policy may be subject to an "Administrative Charge" of $50.00 USD. As per this agreement, no refunds will be offered in the event that cancellation is considered.

Service Interruptions

Proactive Server Management shall not be responsible for any delay or failure in performance, where the delay or failure results from reasons beyond the control of Proactive Server Management. 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.

Client Privacy

At no time will any client's sensitive data be given, made public, or used in any manner other then what is intended or is necessary for Proactive Server Management to do their job. Please rest assured that all of your sensitive data is safely protected and in good hands when you use our services.

 

Jurisdiction

This contract and agreement shall be governed and construed in accordance with the Laws of the State of Wyoming, County of Laramie, in the United States of America and the parties submit to the non-exclusive jurisdiction of the Courts of the said State, County and Country.

Modifications to this Agreement

We reserve the right to change the Agreement at anytime, in whole or in part, at any time. Where you disagree with the updated agreement, you will be able to cancel and terminate services at the end of your current billing period. If you reject the updated agreement and fail to contact us within seven (7) days giving notice of your rejection in writing, it will be assumed that you acknowledge and agree to the updated Agreement and agree to be bound by the updated terms. You acknowledge that any changes or modifications shall not constitute grounds for non-payment.

 

We reserve the right to refuse service to anyone