The use of services from ADMOD, INC (hereafter referred to as “SupportMonk”) constitutes an agreement to these terms. ( “SupportMonk”, “The Company”, “We”, “Us”, and “Our”) agrees to provide services to the Customer, subject to the following Terms of Service (TOS) and Acceptable Use Policy (AUP). “You” means the person or company who is using our service(s) or product(s).
Outsourced Server Administration Services
SupportMonk shall, during the Term (as defined below) provide to the Customer server/computer administration services described below (the “Admin Services”), at such times as Customer may reasonably request.
Admin Services include, but are not limited to:
- Install patches, fixes, and updates to operating system and/or servers; install additional software packages to the operating system and/or server; install patches, fixes, and upgrades to additional packages.
- Provide Customer with adequate protection (as outlined in service description) and safeguard Customer against virus, Trojan, spyware, DDOS, (the “Protections”) or any other unauthorized intrusion.
- Develop policies and procedures for updating Protections.
- Provide all additional services out outlined in specific plan description.
- Provide requested services and responses within a maximum 2 hour period of the Base Administration plan and 1 hour period for the Full Administration plan.
SupportMonk shall not be responsible for the following:
- Liaising with billing and/or accounting matters related to payment for software, licenses, Services or other items unless directly provided by or acquired for Customer by SupportMonk.
- Fixing errors and omissions contained in any third-party source outside the direct control of SupportMonk, unless otherwise specified.
Response time is defined as the initial response recorded on the ticket, which provides the customer with a status update and or response. SupportMonk agrees to provide a guaranteed response time of 30 minutes for all support tickets. Refunds / credits will be provided at the sole discretion of SupportMonk, if found to be in violation of terms listed. Exceptions due to causes beyond the control of SupportMonk will not be considered sufficient grounds for refunds / credits.
Payments and Fees
Establishment of support and administrative services is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service. Customer agrees that The Company automatically charges customer’s credit card, check or Paypal account every month. For prepaid services, the term shall terminate when credit is no longer sufficient to pay for services.
SupportMonk generates and sends all invoices 14 days in advance of the due date. You are responsible to pay any payments and fees by the due date.
Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date for all future invoices including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle, and will be billed on the anniversary date of each month.
Upgrade Fees: Upgrades ordered on the billing anniversary date will be billed for a full month service and will continue each month on the anniversary date. Upgrades ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.
Additional Service Fees: Additional services ordered on the billing anniversary date will be billed for the full month service and will continue each month on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.
One Time Fees: One time fees, such as setup fees, administrative fees, software development projects and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.
Late Fees: Clients have the option to pay an invoice at any time by logging into the Zen Portal and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than 3 days (the grace period), the service is automatically suspended and a $15.00 late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus $15.00 must be submitted to SupportMonk.
Failure to Pay:
SupportMonk 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 subscriber of responsibility for the payment of all accrued charges. Service will be interrupted on accounts that reach 7 days past due.
SupportMonk will not be responsible for any damages your business may suffer because of your failure to make payment. SupportMonk makes no warranties of any kind, expressed or implied, for the services we provide.
All services require a 72 hour notice before the due date of the next invoice in order to cancel the service. All cancellations must be made through our Client Area. All requests are manually reviewed and processed by our staff. If any of the information supplied in the form does not match your account records, we will contact you via email to confirm the correct details. Your account is not canceled until you receive an email from a member of our staff (not an automated reply) confirming that your account cancellation was completed.
If you have a past-due balance on your account at the time the account is closed (either by your request or due to non-payment), the remaining balance must be paid within 30 days of when the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed. If our internal collection efforts fail, we reserve the right to turn the account over to a third party (either a collections agency or an attorney) for further action.
SupportMonk has a zero tolerance policy for abusive language and/or abusive behavior towards our company, 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. Threats to sue, slander, libel, etc. will all be considered abuse.
Refusal of Service
SupportMonk reserves the right to refuse, cancel, or suspend service at our sole discretion. SupportMonk will not be responsible for any damages your business may suffer because of this circumstance, and SupportMonk makes no warranties of any kind, expressed or implied, for services we provide.
SupportMonk shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond SupportMonk ’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
SupportMonk makes no warranties or representations of any kind for the services being offered. The services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by SupportMonk or its agents or employees shall create a warranty. SupportMonk provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall SupportMonk be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. Client hereby acknowledges that this paragraph shall apply to all contents on all servers.
By using any SupportMonk services, you agree to submit to binding arbitration. If any disputes or claims arise against SupportMonk or its subsidiaries, such disputes will be handled by an arbitrator of SupportMonk’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Delaware. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
Customer agrees that it shall defend, indemnify, save and hold SupportMonk harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against SupportMonk, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SupportMonk against liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SupportMonk’s server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to a customer from SupportMonk’s server.
SupportMonk will not be responsible for any damages your business may suffer. SupportMonk makes no warranties of any kind, expressed or implied, for services we provide. SupportMonk disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by SupportMonk and its employees.
Revisions of Terms of Service
SupportMonk reserves the right to change the Terms of Service at any time, without any form of notice to our clients, non-clients, or the general public. It is the customer’s responsibility to check these Terms of Service from time to time for such changes. At all times customers are bound to the terms set forth. In no event shall SupportMonk or its staff’s lack of enforcement of these terms constitute a waiver of these terms at any time.