We guarantee that data center network will be available 100% of the time in a given month, excluding scheduled maintenance. The data center network means the portion of the GStacks network extending from the outbound port on your edge device to the outbound port of the data center border router and includes GStacks managed switches, routers, cabling.
Guaranteed: GStacks will credit your account 1% of the monthly fee for each 60 minutes of network downtime, up to 50% of your monthly fee for the affected server(s) and services.
We provide 24/7/365 support through trouble tickets, you can reach us at http://support.GStacks.net. Average response time is 12 hours for services under general SLA for unmanaged and basic managed services, these include Shared hosting, email service, VPS, trVPS, semi dedicated server and dedicated server.
We guarantee that data center HVAC and power will be functioning 100% of the time in a given month, excluding scheduled maintenance. Power includes UPSs, PDUs and cabling, but does not include the power supplies on your servers. Infrastructure downtime exists when a particular server is shut down due to power or heat problems.
Guaranteed: GStacks will credit your account 1% of the monthly fee for each 30 minutes of infrastructure downtime, up to 50% of your monthly fee for the affected server(s) or service(s).
We guarantee the functioning of all server hardware components and will replace any failed component at no cost. “Hardware” means the processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. Hardware replacement will begin once we identify the cause of the problem. Hardware replacement is guaranteed to be complete within 12 hours of problem identification.
Guaranteed: GStacks will credit your account 5% of the monthly fee per additional hour of downtime, up to 100% of your monthly fee for the affected server(s) and service(s).
To receive an SLA credit, GStacks customers must contact our billing department.
* ALL THE ABOVE DOES NOT APPLY IN THE EVENT OF A DISASTER.
**This applies to all VPS and Shared plans
Operating System: GStacks will perform the initial installation of the Windows and Linux operating systems, at no additional cost. Support for installation/setup/configuration of alternative operating system, and/or for those clients choosing not to utilize a GStacks supported control panel (cPanel/WHM/PLESK)–regardless of operating system selected will be charged a flat rate of $150.00/hr.
GStacks will perform the initial installation and test for cPanel/WHM or PLESK control panel for any VPS ordered. If a managed VPS includes cPanel/WHM software or PLESK, GStacks will support, to the best of it’s ability, control panel related problems and issues. This includes, and is limited to, support of basic control panel functions (ie: adding/removing accounts, dns functions, password changes, etc…), control panel installed 3rd party software (ie: proftpd, pureftpd, mailman, agora). GStacks will not provide support of the control panel software, or any of its’ 3rd party software inclusions, regarding issues of software bugs or errors, and such issues should be brought to the attention of the software vendors directly for support. GStacks is not responsible for web development, non-supported 3rd party software and/or scripts (ie: compatibility, installation, maintenance), and/or ongoing daily administration tasks (ie: setting up new users, email accounts, & domains). GStacks, at it’s discretion, may assist with initial custom setup/configuration of the server (ie: setting up new users, email accounts, & domains, and/or software modifications). GStacks will install cPanel/WHM control panel purchased through us, at no additional charge. Installation of GStacks supported control panel software requires, and will only be performed on, freshly installed operating systems.
Up to 5 support incidents or tickets monthly and it’s provided 24/7/365 support through trouble tickets per subscription basis. Average response time is 12 hours for services under general SLA on unmanaged and basic managed services, these include Shared hosting, email service, VPS, trVPS, Cloud, semi dedicated server and dedicated server.
Technical Support is limited to Operating system and web control panel only. Basic managed service does not provide support to any application installed for local or web purposes, example Microsoft SQL(any edition), Sharepoint, Active Directory, Exchange and etc.
If any hardware component on a GStacks supplied system fails, GStacks will replace all faulty hardware affecting performance levels of equipment within 24 hours, which includes hardware issues that cause server crashes or speed issues.
GStacks always recommends purchasing backup storage/service with any and all systems/services. Clients may purchase backup drives and/or backup storage and perform their own backups–with or without GStacks or control panel supplied backup software enabled, or may purchase a managed backup solution from GStacks.
As per our TOS, BACKUP and SERVER RELIABILITY section, your use of this service is at your sole risk. GStacks is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on GStacks nodes and servers. Backup on all ervices is purely for disaster recovery purpose only. Retrieval and restoreation of files will be charged at S$80 per incident/ requeust for total size not more than 5Gb, and $50 per 5GB thereafter.
GStacks may charge for dealing with AUP/TOS issues, and/or administration work required to prevent such from occuring again in the future. For details on such charges, please contact Billing Department.
GStacks charges a rate of $150/hour for support and/or administration work not included for example website and service monitoring, recompilation of OS and its related components, system hardening, firewall and iptables setting, control panel administration, email administration, website administration, files transfers upload and download, DNS administration, DNSBL/RBL mitigation or specified by the terms of this basic management policy. Support and/or administration work not included or specified by the terms of this management policy, will be performed by GStacks at it’s discretion, and dealt with on a case by case basis. Clientele will be informed of such charges in advance, and be required to give authorization to GStacks to proceed with such work.
*Contact GStacks for any item/service not explicitly detailed.
This GStacks Service Level Agreement (“SLA”) applies to all dedicated servers. The Client agrees that GStacks internal measurements establish the eligibility for any applicable Performance Credit. In the event that the Client determines that a discrepancy in such measurement exists, Client shall promptly notify GStacks and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client’s eligibility for any applicable Performance Credits.
GStacks may amend this SLA at any time. Updated copies of the SLA will be located at GStacks website.
(“Standard Network Based Security”) is defined as the overall core network security that GStacks provides every customer. This security is provided on the network level and includes secure router configurations, frequent network scans, and overall knowledge of maintaining a secure network. This service does not imply any server based security, firewalling, DDOS/Attack protection on the server level, or Anti-Virus/Spyware based protection.
(“Hard/Soft Manual Reboots in 30 Minutes or less”) is defined as your request being processed in 30 minutes or less for server reboot requests. The GStacks Support team prefers the soft/hard reboot system as it preserves overall integrity of hardware and operating systems. The 30-minute turnaround time is defined as the time you place the request until the power or reboot command is issued. In some cases additional time is required by operating system software to perform necessary functions on the server. The best effort is made to expedite server reboots as quickly as possible.
(“Online Bandwidth Monitoring Tool”) is defined as the real-time RTG graphs provided for you to review bandwidth usage. GStacks charges bandwidth on a per-Mbps basis, and bandwidth utilization details are provided via http://matrix.servy.net/cacti/ it is your responsibility to view and make adjustments when necessary. In the event that over utilization occurs, your account will be billed S$200.00 per Mbps.
(“24/7/365 Technical Support”) is defined as having direct access to our technical support team 24 hours a Day, 7 Days a week, 365 days a year. Support is provided via ticket system. All support provided beyond hardware issues and server reboots is considered Advanced/Priority Support and is billable.
(“No monitoring/recovery included”) is defined as GStacks is not providing the monitoring of uptime or failed services. In the event of a server failure customer will initiate contact with GStacks and provide the procedure to perform. Recovery of server may be billable and is dependent on the nature of the required procedure(s).
(“Per Incident Support”) is defined as requesting technical support for a single support issue. Incidents are billed at S$100.00 for each unique support issue and include 30 minutes of Advanced Support, GStacks maintains the right to these requests on a case by case basis.
(“Self Maintained root/administrator access to server”) is defined as you maintaining root/administrative access on the server. It is not required on unmanaged that you allow GStacks constant access to your server.
It is defined as the equipment, software, and facilities within the GStacks critical network segments, including GStacks contracted connectivity services to which the GStacks hosting environments are connected and are collectively utilized by GStacks to provide dedicated and co-location services.
Service Availability is the total times in a calendar month that the GStacks network segments are available through the Internet, provided that Client has established connectivity. GStacks takes responsibility for the Service Availability within its immediate routing perimeters, and cannot be held liable for problems directly related to an upstream bandwidth provider. GStacks hosting environments will be available to clients free of complete (minor latency notwithstanding) environment-wide outages for 100% of the time in any given month.
Service Downtime is any unplanned interruption in Service Availability during which the Client is unable to access the services as described in preceding section 1.4, provided the interruption is determined to have been caused by a problem in the immediate GStacks network segment as confirmed by GStacks. Service Downtime is measured as the total length of time of the unplanned interruption (complete network outage) in Service Availability during a calendar month. GStacks provides direct support and expertise in any software it directly provides, while any unplanned outages due to third-party software failure are the direct responsibility of the software publisher/third-party provider, not GStacks.
Scheduled Service is any GStacks interruption of Services. Scheduled Service Downtime occurs during a GStacks standard server maintenance window, which occurs in conjunction with a 24 hour notice to the Client via electronic communication. Said downtime is coordinated with the Client to the best of GStacks abilities as to align the window of maintenance with the Client’s explicit wishes.
Performance Credit occurs when 99.99% uptime is not met. GStacks will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of the customer’s monthly fee). Network downtime is measured from the time a trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.
Billable System Administration” is operation, configuration, performance tuning, security configurations and any interaction with the operating system or software installed on the server in question that is not already provided within the management plan of the server in question.
In the event of Service Downtime in which monthly Service Availability is less than 99.99%, Client will receive a Performance Credit as described in section 1.6 of this document.
Any interruptions, delays or failures caused by Client or Client’s employees, agents, or subcontractors, such as, but not limited to, the following:
For termination of plan within the contractual period, a penalty charge of S$50 + (monthly subscription x remaining number of months in contract) will be imposed. In addition, the cost of the free gift(s) will be chargeable as per list price where applicable.
One month advance notice is required for termination of this service before or after the contractual period. A penalty fee of 1 month the subscription value will be imposed if notice period if less than 1 month.
No downgrading of plans is allowed within the contractual period.
Establishment of this service is dependent upon receipt by GStacks of payment of stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup. The accepted methods of payment are credit card (Visa & MasterCard payment online) wire transfer, cheque, or money order. Customers are responsible for any additional transaction fees that coincide with any payment methods. Cheques, money orders, and wire transfers should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by GStacks in a timely manner.
The Company reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the customer’s services or their entire account with The Company.
Payment for services must be received by The Company prior to the end of the five day grace period allowed for services.
If a cheque is returned for any reason, the account will be assessed a S$50 service charge. If payment for the returned check amount and service fee is not remitted in full by 12 P.M. GMT+8 the following business day, the server will be deactivated until payment is received and subject to regular reactivation fees.
Service will be interrupted on accounts that reach 7 days past due. Service interrupted for any reason including non-payment, abuse, or requested cancellation is subject to a S$200.00 reconnect charge. If a cheque is returned for any reason, the account will be assessed a S$50.00 service fee. If payment for the returned check amount and service fee is not remitted in full by 12 P.M. GMT+8 the following business day, the server will be deactivated until payment is received and subject to regular reactivation fees. Accounts that are not collectable by GStacks will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than S$100.00 nor more than S$500.00.
GStacks does not utilize paper or hard-copy invoices. All invoices are sent via email. Clients that normally pay via cheque, money order, or wire transfer will have their invoices emailed, by default, 30 days prior to the invoice due date. Clients are to ensure that the contact information kept with GStacks is duly updated
Refund and Disputes: All payments after the initial 30 days of service to GStacks are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 15 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in GStacks’s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay GStacks an “Administrative Fee” of not less than S$100 and not more than S$250.
Failure to Pay: The Company may deny service or terminate the Agreement upon the failure of the Client to pay charges when due. The Company provides the Client with a 10 day grace period for payment on most services. A service will be interrupted or deactivated on outstanding accounts that reach 10 days past the due date. The Company does reserve the right to deactivate or terminate a service prior to the end of the 10 day grace period.
If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid via cheque.
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of The Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that The Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Company. Client further acknowledges that The Company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall The Company be liable for any special or consequential damages, loss, or injury.
GStacks takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Clients of GStacks may not use or permit others to use our network to transact in UCE. Clients of GStacks may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of GStacks’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, GStacks will initiate an immediate investigation (within 48 hours of notification). During the investigation, GStacks may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, GStacks may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, GStacks reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. GStacks will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an “Administrative Fee” of S$400 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of S$800 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed S$250 per hour that GStacks personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your GStacks dedicated server.
As our Clients are ultimately responsible for the actions of their clients over the GStacks network, it is advisable that Clients develop a similar, or stricter, policy for THEIR clients, as to avoid End-User Content Policy (EUCP) Violations.
IP Address Ownership: If GStacks assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to GStacks, and Customer shall have no right to use that Internet Protocol address except as permitted by GStacks in its sole discretion in connection with the Services, during the term of this Agreement. GStacks shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by GStacks, and GStacks reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by APNIC’s policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the GStacks Network. Violations of system or network security may result in civil or criminal liability. GStacks will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “exploiting vulnerabilities”
Forging any TCP/IP packet header in a transmission and/or any part of the header information in any e-mail-based or newsgroup posting Taking any action in order to obtain services to which such User is not entitled.
Addition of IP addresses that have not been specifically assigned to the server
Notification of Violation: GStacks is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
First violation: Any User, which GStacks determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at GStacks’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations
Second Violation: Users that GStacks determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop (blacklist/null-route/un-route) the section of IP space involved in Spam/Virii/Illegal-Distributions or Denial-of-Service/Packet-storm complaints if it is clear that the offending activity is causing moderate to major harm to parties on the Internet. In particular, if open SMTP relays are on your network or a customer’s network, or if denial-of-service attacks are originating from your network space. In certain, rare cases, we may have to take action before attempting to contact you. If we do this, we will contact you as soon as is feasible, once the situation is stabilized.
GStacks reserves the right to suspend network access to any customer if in the judgment of the GStacks network administrators the customer’s server is the source or target of a violation of any of the other terms of the AUP or for any other reason that GStacks deems necessary. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
This document also concerns the use of Microsoft software, which includes computer software provided to you by GStacks as described below, and may include associated media, printed materials, and “online” or electronic documentation (individually and collectively “SOFTWARE PRODUCTS”). GStacks does not own the SOFTWARE PRODUCTS and the use thereof is subject to certain rights and limitations which GStacks needs to inform you. Your right to use the SOFTWARE PRODUCTS is subject to your agreement with GStacks, and to your understanding of, compliance with and consent to the following terms and conditions, which GStacks does not have the authority to vary, alter or amend.
“Client Software” means software that allows a Device to access or utilize the services or functionality provided by the Server Software.
“Device” means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone,” or other electronic device.
“Server Software” means software that provides services or functionality on a computer acting as a server.
“Redistribution Software” the software described in Paragraph 4 (Use of Redistribution Software”) below.
The SOFTWARE PRODUCTS are licensed to GStacks from an affiliate of the Microsoft Corporation (“Microsoft”). All title and intellectual property rights in and to the SOFTWARE PRODUCTS (and the constituent elements thereof, including but not limited to images, photographs, animations, video, audio, music, text and “applets” incorporated into the SOFTWARE PRODUCTS) are owned by Microsoft or its suppliers. The international copyright treaties as well as other intellectual property laws and treaties. Your possession, access, or use of the SOFTWARE PRODUCTS does not transfer any ownership of the SOFTWARE PRODUCTS or any intellectual property rights to you.
You may use the Client Software installed on your Devices by GStacks only in accordance with the instructions, and only in connection with the services, provided to you by GStacks.
In connection with the services provided to you by GStacks, you may have access to certain “sample,” “redistributable” and/or software development (“SDK”) software code and tools (individually and collectively called “Redistribution Software”). YOU MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH SERVICES PROVIDER USE RIGHTS (“SPUR”) APPLICABLE TO GStacks, WHICH TERMS MUST BE PROVIDED TO YOU BY GStacks. Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by GStacks.
You may not make any copies of the SOFTWARE PRODUCTS; provided, however, that you may (a) make one (1) copy of Client Software on your device as expressly authorized by GStacks; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with GStacks or upon transfer of your Device to another person or entity, whichever occurs first. You may not copy any printed materials accompanying the SOFTWARE PRODUCTS.
You may not reverse, engineer, decompile, or disassemble the SOFTWARE PRODUCTS, except and only to the extent that applicable by law, notwithstanding this limitation expressly permits such activity.
You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the SOFTWARE PRODUCTS to any third party, and you may not permit any third party to have access to and/or use the functionality of the SOFTWARE PRODUCTS.
Without prejudice to any other rights, GStacks may terminate your rights to use the SOFTWARE PRODUCTS if you fail to comply with these terms and conditions. In the event of termination or cancellation, you must stop using and/or accessing the SOFTWARE PRODUCTS, and destroy all copies of the SOFTWARE PRODUCTS and all of its component parts.
ANY WARRANTIES LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY GStacks AND NOT BY MICROSOFT OR ITS AFFILIATES OR SUBSIDIARIES.
THE SOFTWARE PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE SOFTWARE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVER PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.
The SOFTWARE PRODUCTS are of U.S. origin for purposes of U.S. export control laws. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCTS, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information see Http://www.microsoft.com/exporting/
In addition to any liability you may have to GStacks, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.
GStacks wishes to emphasize that in agreeing to the GStacks Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies GStacks for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to GStacks or the bringing of any claim against GStacks by any third-party. This means that if GStacks is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against GStacks, plus all costs and attorney’s fees.
The Client must provide The Company with, and keep current, good contact information. E-mail, fax, and telephone contacts are used, in that order of preference. A waiver by the Company of any breach of any provision of this Agreement by Client shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Client shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at any time without consent from or notice to Client. Company reserves right to cancel Clients rights under this contract at any time without further obligation
GStacks takes no responsibility for any material input by others and not posted to the GStacks Network by GStacks. GStacks is not responsible for the content of any other websites linked to the GStacks Network; links are provided as Internet navigation tools only. GStacks disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
GStacks is not responsible for any damages your business may suffer. GStacks does not make implied or written warranties for any of our services. GStacks denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by GStacks.
The Client as GStacks’s customer, are solely responsible for the content stored on and served by your GStacks server.
GStacks, provides 24/7 technical support to our Clients. We limit our technical support to our specific areas of expertise. The following are our guidelines when providing support: GStacks provides support related to your server and the core, critical functions of the OS and basic critical TCP/IP services.
GStacks does not offer tech support for application specific issues such as CGI programming, Cold Fusion, ASP, .NET , PHP, MySQL, Microsoft SQL or any other programming/database application. GStacks does not provide technical support for YOUR End-User Clients.
GStacks partners with a number of software companies and acts as the frontline of support for these products. GStacks will provide best effort support for applications but does not warrant bug fixes or advanced problem resolution of these products. Escalation of such issues the companies that have programmed the software are subject to the standard $200.00 per hour rate which includes the total amount of time spent. Resolution of bugs and advanced support issues is dependant upon the developers of the software in question.
Any request of technical support warrants the possibility of being charged a system administration fee if the request related to Operating System functionality, software application functionality, or Control Panel functionality. If a staff member of GStacks is required to login to your server for over 15 minutes and provide support, system administration fees can be applied to your account.
GStacks has the right to enter into this Agreement and to grant the rights granted in it. GStacks shall, in good faith, comply with the terms of this Agreement. The goods and services provided by GStacks are provided “AS IS”, WITHOUT WARRANTY OF ANY KIND TO CLIENT OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4)QUALITY; 5) NON-INFRINGEMENT; 6) QUIET ENJOYMENT; AND 8) TITLE.
CLIENT AGREES THAT ANY EFFORTS BY GStacks TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY GStacks WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. CLIENT FURTHER AGREES THAT GStacks SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF GStacks WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. MODIFICATIONS MADE TO CLIENT’S WEB SITE BY CLIENT OR ANY THIRD PARTY VOIDS ANY REMAINING EXPRESS OR IMPLIED WARRANTIES. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, GStacks liability is limited to the greatest extent permitted by law.
The parties expressly recognize that GStacks does not operate, control or endorse any information, products or services on the Internet, and that any entities that do offer such information, products or services are not affiliated with GStacks. GStacks does not make any express or implied warranties, representations or endorsements TO CLIENT OR ANY THIRD PARTY whatsoever with regard to any information, products or services provided through GStacks AND OBTAINED OR CONTRACTED OVER the Internet, including, without limitation, warranties of: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; 7) QUIET ENJOYMENT; AND 8) TITLE. GStacks shall not be liable to CLIENT OR ANY THIRD PARTY for any cost or damage arising either directly or indirectly from any transaction involving third parties’ information, products or services. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, GStacks liability is limited to the greatest extent permitted by law.
The parties expressly recognize that GStacks cannot and does not guarantee or warrant that files are available for downloading through GStacks will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Client agrees that it shall be solely responsible for implementing sufficient procedures to satisfy Client’s particular requirements for accuracy of data input and output, and for maintaining a means external to GStacks for the reconstruction of any lost data. The parties also expressly recognize that the Internet contains unedited materials, some of which are unlawful, indecent, or offensive to Client, and access to such materials by Client is done at Client’s sole risk.
This Agreement and all attachments or Exhibits supersede any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified only in writing, and shall be effective only after affixation of both parties’ signatures.
By signing this agreement you are activating your account based on the contractual period as stipulated in this agreement.
Termination: Termination of this contract EXCEPT AS PERMITTED BY THE AGREEMENT, IF YOU TERMINATE YOUR SERVICE PLAN BEFORE THE END OF THE CONTRACTUAL PERIOD, OR IF WE TERMINATE SERVICES FOR VIOLATIONS OF THIS CONTRACT BEFORE THE END OF THE CONTRACTUAL PERIOD, YOU WILL BE REQUIRED TO PAY SUBSCRIPTION FEE OF THE REMAINING CONTRACT.
Client agrees that the order placed is accurate that all services requested from GStacks are contained within this agreement. Included with this contract you should print off and all copies signed that was generated for you.