By subscribing to and/or utilizing our services, you agree to accept, comply, and understand all of our ‘Terms of Service and Policies’ in full, if you do not accept or understand any part or this service agreement, please contact us immediately.
ServaxNet, LLC reserves the right to modify this Terms of Service at any time, with or without notice to the Customer.
Indemnification
Customer agrees that it will protect, indemnify, save and hold ServaxNet, LLC harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against ServaxNet, LLC, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it’s customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold ServaxNet, LLC harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with ServaxNet, LLC’ Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from ServaxNet, LLC’ Services.
Governing Law, Jurisdiction, and Venue
The validity, interpretation, construction and performance of this agreement shall be governed by the laws of the State of Texas. The Texas state courts of El Paso County, Texas (or, if there is exclusive federal jurisdiction, the United States District Court for the District of Texas) shall have exclusive jurisdiction and venue over any dispute arising out of this agreement, and customers hereby consent to the jurisdiction of such courts.
Limitation of Liability
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH SERVAXNET, LLC IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY SERVAXNET, LLC OF THE RISK OF CUSTOMER’S CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH CUSTOMER’S USE OF THE SOFTWARE AND DOCUMENTATION. ACCORDINGLY, CUSTOMER AGREES THAT SERVAXNET, LLC SHALL NOT BE RESPONSIBLE TO CUSTOMER FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICE OR DOCUMENTATION. Any provision herein to the contrary notwithstanding, the maximum liability of ServaxNet, LLC to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any service delivered to Customer hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to ServaxNet, LLC by Customer for thirty (30) days of service whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of ServaxNet, LLC arising out of this agreement. The parties acknowledge that the limitations set forth in this agreement are integral to the amount of consideration levied in connection with the license of the services and documentation and any services rendered hereunder and that, were ServaxNet, LLC to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
Disputes
All payments of service to ServaxNet, LLC are non-refundable without proper reason (our sole discretion), regardless of usage or reason. Any incorrect, overcharges or billing disputes must be reported within 30 days of the time the charge occurred.
Disclaimer
ServaxNet, LLC will not be responsible for any damages your business may suffer. ServaxNet, LLC makes no warranties of any kind, expressed or implied for services we provide. ServaxNet, LLC disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ServaxNet, LLC and its representatives, contractors or employees. ServaxNet, LLC reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in service termination and account deactivation.
ServaxNet, LLC furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer’s failure to comply with those laws will violate this policy. Finally, ServaxNet, LLC wishes to emphasize that in accepting services, customers indemnify ServaxNet, LLC for the violation of any law or ServaxNet, LLC policy, which results in loss to ServaxNet, LLC or the bringing of any claim against ServaxNet, LLC. This means that if ServaxNet, LLC is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against ServaxNet, LLC, plus costs and reasonable attorneys’ fees.
Refusal of Service
ServaxNet, LLC reserves the right at its sole discretion to refuse or cancel service. Violation of any of ServaxNet, LLC’ 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.
Customer Abuse
We have zero tolerance for abusive language and/or abusive behavior towards our company and/or service ServaxNet, LLC 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.
One Time Services
No support will be given to these services, including troubleshooting any problems that occur caused by the services, unless ServaxNet, LLC so chooses. ServaxNet, LLC reserves the right to refuse additional support. Once a ticket is deemed “closed” and payment has been made, ServaxNet, LLC has the right to refuse any future service and/or support relating to the ticket.
Non-Payment
All payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the Terms of Service. A late fee of (15%) fifteen percent (fifty dollars ($50) minimum) will be incurred for failure to remit payment for services on or before the monthly anniversary date. Failure to remit payment for five (5) consecutive days, including the anniversary date, shall result in a termination of services.
Response Time and Resolution Time
While ServaxNet, LLC makes its best efforts to complete any submitted tickets as soon as possible, ServaxNet, LLC is not able to guarantee the resolution time of any ticket. However, response times are guaranteed to be within 12 hours of the time a ticket was submitted. Tickets submissions are only via the helpdesk and do not include any type of instant messenger support request. Customer also understands that a ticket in required for any action to occur; instant messaging is provided only as a courteous service.
Waiver
Customer agrees that the waiver of any breach, or the failure to enforce these terms and conditions, at any time, shall not in any way affect, limit, or waive the right of ServaxNet, LLC to thereafter to enforce and compel strict compliance by the other party regarding any of these terms and conditions.
Severance
If any one or more sections of these terms and conditions should ever be determined to be illegal, invalid, or otherwise unenforceable by reason of any law, statute, regulation, or public policy, then, to the extent and within the jurisdiction in which the section is illegal, invalid, or otherwise unenforceable, the section shall be limited or severed and deleted from these terms and conditions, and the remaining sections of these terms and conditions shall survive, remain in full force and effect and continue to be binding, and shall not be affected except as may be necessary to make sense of these terms and conditions, and shall be interpreted to give effect to these terms and conditions to retain validity of these terms and conditions.
Confidentiality Statement
ServaxNet, LLC ensures that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by ServaxNet, LLC, its representatives, contractors, and employees, for the purposes for which it was intended, for the benefit of the subscriber. We agree not to share or release such information for advertising or marketing purposes to any unaffiliated third party, without the consent of the subscriber, except as required by law, regulation or governmental authority. All information provided to us by the subscriber is properly stored and handled at all times by authorized ServaxNet, LLC staff members, representatives, contractors and employees only.