Terms of Service

CUSTOMER MUST AGREE TO THESE TERMS TO UTILIZE RSERVERS SERVICES

These are the terms by which RSERVERS will provide its services.
These terms may be amended or modified without prior notification at any time.
RSERVERS’s terms of service were last modified March 1, 2010.
The agreement ("Agreement") governs the conditions by which RSERVERS will provide the Service ("Service"), and Customer ("Customer") will utilize the Service.
In consideration of the mutual covenants set forth in these terms of service, both RSERVERS and Customer hereby agree as follows:

1. SCOPE OF SERVICES
All services provided by RSERVERS may be used for lawful purposes only. The Customer agrees to indemnify and hold harmless RSERVERS from any claims resulting from the use of the service that damages the Customer or any other party. RSERVERS 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 RSERVERS.

2. TECHNICAL SUPPORT
RSERVERS agrees to provide it's customers with technical support twenty four hours per day every day of the year without exception.
When opening a trouble ticket, the Customer may select a priority level ranging from low to critical.
The level of the ticket priority will determine RSERVERS minimum response time.
Customers should select the appropriate priority level for each ticket.
Customer must open unique tickets for each technical support issue.

3. SUPPORT CHANNELS
The proper support channels are :

a. Trouble Tickets - https://support.rservers.com
b. Phone - +40.31.8107728

THE TERMS OF THIS AGREEMENT ARE VALID ONLY IF YOU USE THE PROPER SUPPORT CHANNELS.
All the emails or different requests to alternate support channels are treated as low priority requests.
Asking for emergency support or putting “urgent” in a subject line will not raise the priority of your request.
To open an emergency/critical support issue, you must either use Trouble Tickets.

4. REFUSAL OF SERVICE
RSERVERS reserves the right at its sole discretion to refuse or cancel the Service.
Violation of any of these Terms of Service will result in a warning, suspension, or termination of Service.
Service terminated due to Terms of Service violations will not be refunded.

5. CUSTOMER ABUSE
RSERVERS has a zero tolerance policy for abusive language and/or abusive behavior towards RSERVERS, the Service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive will result in immediate irrevocable account termination without any refund.
All the issues regarding Service should be reported immediately by email to cc@rservers.com.

6. EMPLOYMENT SOLICITATION
Customer will not directly or indirectly, during this Agreement and for a period of one year after its expiry or termination engage, employ, contract or otherwise work in any manner with, including without limitation as director, manager, agent or employee, any person who is or was employed or engaged by us.
RSERVERS will not solicit, employ or retain any employee of Customer.

7. BILLING
The Customer will receive an invoice within 7 days before their account becomes due - on the 1st of every month (pro rata billing).
It is Customer responsability to ensure that their contact email address on file is updated and valid; else we won’t be able to communicate with them.
The Customer is subjected to make the full payments within 7 days in order to avoid service interruption.
RSERVERS 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 7 days past due.

8. CHANGE OF SERVICE PLAN
Customer can change from its present Service Plan to any other Service Plan available during the contract period, with 7 days before the next billing cycle notification by sending a ticket to the Billing department.
The change of plan will be made effective from the next billing date.
RSERVERS does not charge anything for the change of plan to take effect.

9. SATISFACTION GUARANTEE
RSERVERS guarantees high quality on its technical support Service.
If the Customer is not completely satisfied with the Service within the first 3 support requests or initial 30 days of service (the earlier of the two), the Customer will be provided with a refund paid minus any related setup fees or 3rd party services involved (licenses, servers). Only one refund per Customer will be honored. If the Customer requests a refund, and becomes a Customer again at a later date they will not qualify for a refund. Refunds are only available on the one system for which Service was provided. If Customer orders Services for more than one system, only one is eligible for a refund. In certain instances RSERVERS reserve the right to delete, remove and/or undo any work that was performed on the Customer’s system(s) during the period in which a refund is or was requested and/or given.

10. CANCELLATION
The customer may choose to cancel at anytime, with 7 days before the next billing cycle notification by sending a ticket to the Billing department.
Customer agrees 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 RSERVERS. No service will be provided after your Service Plan has been canceled.
RSERVERS reserve the right to delete, remove or uninstall any software or script created by RSERVERS and available for RSERVERS customers only.

11. SECURITY & CONFIDENTIALITY
Customer and RSERVERS acknowledge and agree that the Specifications, client area details, all documentation, and information related to the performance, production, creation or any expression of the Services are the property of the Customer. Materials shared between RSERVERS and Customer (the “Confidential Information”) including, but not limited to documentation, server specifications, client details, pictures, photographs, charts, correspondence, supplier lists, analysis and other furnished property shall be the exclusive property of the respective owner (the “Owning Party”) and will constitute valuable trade secrets. Both parties shall keep the Confidential Information in confidence and shall 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. Excluded from the “Confidential Information” definition is anything that can be seen by the public or had been previously made available by the Owning Party in a public venue.

12. DISPUTES
If a dispute arises, the parties will try in good faith to settle it through mediation conducted by a mediator to be mutually selected.
If the dispute is not resolved within 30 days after it is referred to the mediator, it will be arbitrated by an arbitrator to be mutually selected.
Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter.
Costs of arbitration, including lawyers' fees, will be allocated by the arbitrator.

13. FORCE MAJEURE
RSERVERS 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.

14. LIABILITY
CUSTOMER UNDERSTAND AND AGREE THAT RSERVERS® SHALL NOT BE LIABLE 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 RSERVERS® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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.
CUSTOMER MUST AGREE TO THESE TERMS TO UTILIZE RSERVERS SERVICES

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