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Justin - Hostunow
Well all I can say is Rich is a life saver. Took me about 23 days to get every thing where I wanted it and about 23 seconds to end everything I worked so hard on. Once I found Rich, my server was fixed secure and running the best it ever has...
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Definitions

In these conditions, unless the context requires otherwise, the following words shall have the following meanings:

  • "Client" or "you" means the person, firm or company that has requested any Services;
  • "Conditions" means the standard terms and conditions of sale set out herein;
  • "Contract" means any contract for the provision of the Services;
  • "IPRs" means any and all intellectual property rights including without limit any and all patents, design rights, database rights, copyright, know-how, moral rights, trade secrets, confidential information, trade marks, service marks, trade names and goodwill;
  • "Server Monkeys" or "we" means Server Monkeys;
  • "Netiquette" means generally accepted standards for use of the Internet such as but not limited to sending bulk unsolicited e-mail, mail bombing, misrepresenting that you have third party authorization and impersonating another person;
  • "Server" means the computer servers used to provide the Service;
  • "Services" means any services supplied or to be supplied by Server Monkeys as described in the quote or acknowledgment of order issued by Server Monkeys or as may be agreed from time to time.
Acceptance of Terms

The Conditions set out the only terms on which Server Monkeys is prepared to provide you with the Services. The Conditions shall apply to all contracts and by using our services you accept these terms. All other terms and conditions (other than those which are agreed in writing between us) are excluded to the fullest extent permitted by law. Server Monkeys reserves the right to review and revise the conditions from time to time without prior notice and, by using the services subsequent to any revision of these conditions, you agree to be bound by such changes.

Security

We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms.

The Services
  • The services shall be as described in the site and such other material as Server Monkeys provides to you from time to time. We reserve the right at any time and from time to time to amend, improve, correct, discontinue, temporarily or permanently the services (or any part thereof) with or without notice and you agree that Server Monkeys shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
  • Server Monkeys shall use its reasonable endeavors to ensure that the servers and the data contained therein are safeguarded from damage, accident, and unauthorized use.
Price
  • The current price payable for the Services shall be published on the site from time to time and confirmed at the time you request us to provide any of the services. The price is non-refundable. Server Monkeys shall be entitled to vary its prices from time to time however we shall give you at least one month's notice of such increase and if you are not satisfied with such increase then you will be entitled to terminate the contract by giving us written notice within one month of the date of the variation notice failing which you shall be deemed to have agreed to the variation.
  • If, for any reason, there is contention relating to payment for our services, Server Monkeys reserves the right, in any case, to charge an administration fee of $50.00 to cover costs.
Payment
  • The price and all other amounts due under the contract shall be paid by the client by the due date and in the currency as specified in Server Monkeys' invoice. Payment shall only be deemed received by Server Monkeys upon receipt of cleared funds. Payment shall be made in full without any abatement, set off or deduction on any goods.
  • It is of the essence of the contract that the contract price and all other amounts due from the client under the contract are paid on time. You shall be responsible for any and all expenses incurred by Server Monkeys in recovering overdue amounts.
  • Failure to settle all amounts within 7 days of the due date may result in withholding of further services and/or suspension of existing services.
Intellectual Property
  • All IPRs relating to the services provided by Server Monkeys are and shall remain the property of Server Monkeys. All rights in the design and arrangement of the site, text and graphics and all software compilations, underlying source code, and all other material on the site are reserved to of Server Monkeys or its licensor. Except as expressly provided below, nothing contained in these terms of use or on the Site shall be construed as conferring any license or right, by implication, estoppal or otherwise, under copyright or other IPRs.
Indemnity
  • The client agrees to fully indemnify and keep Server Monkeys, its subsidiaries, affiliates, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a fully indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever arising from your breach of the contract, your use or misuse of the services, any claims by third parties arising in any way by the client infringing (whether innocently or knowingly) third party rights (including without limit intellectual property rights).
Disclaimer
  • Nothing in the contract or these conditions shall exclude or limit the liability of Server Monkeys for death or personal injury resulting from its negligence or fraudulent misrepresentation nor affect the statutory rights of consumers.
  • To the fullest extent permitted by law the site and its contents is provided by Server Monkeys on an "as is" and "as available" basis and no representations or warranties (expressed or implied) of any kind are made (and they are expressly disclaimed) with respect to the services, the site or its contents including, without limit, warranties of merchantability and fitness for a particular purpose. Further, Server Monkeys does not represent or warrant that: (i) the services will meet your requirements; (ii) the services will be uninterrupted, timely, secure, or error-free; (iii) any results obtained from using the services will be accurate, complete or current.
  • You acknowledge that the allocation of risk in this contract reflects the price paid for the Services and that it is not within the control of Server Monkeys how or for what purposes the Services are used. If any exclusion in this license is held to be invalid and Server Monkeys becomes liable for loss or damage that may lawfully be limited then such liability shall be limited to the amount paid by you for the services.
  • Server Monkeys shall have no liability to the client for any loss arising from any material, data or instructions supplied whether digitally or otherwise by the client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the client or on its behalf.
  • Server Monkeys is not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the client whether or not beyond the Services already supplied. Server Monkeys reserves the right to raise additional charges for any work so arising.
  • Neither Server Monkeys nor anyone else who has been involved in the creation, production or supply of the services shall be liable to the client or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the contract or the Services for any:
    1. economic loss of any kind whatsoever, or
    2. loss of profit, business contracts, revenues or anticipated savings, or
    3. damage to the client's reputation or goodwill, or
    4. loss resulting from any claim made by any third party, or
    5. special, indirect or consequential loss or damage of any nature whatsoever, and the client shall indemnify Server Monkeys from and against any claim which may be made against Server Monkeys in respect thereof. Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to you.
  • If Server Monkeys is prevented or delayed in or from performing any of its obligations under the conditions or the contract due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency Server Monkeys shall not be liable for this.
Confidentiality
  • All confidential information of either party or of any of its customers disclosed to or discovered by the other as a result of the provision of the services shall be regarded as disclosed in confidence and shall only be used in connection with the performance of its obligations under the contract and not be passed on to third party and/or in any way be made use of at any time either during or after the termination of the contract save with consent of the other or which comes into the public domain (otherwise than through the unauthorized disclosure by the other).
  • The client shall promptly notify Server Monkeys if it becomes aware of a breach of confidence in relation to the services and/or the contract and shall give Server Monkeys all reasonable assistance in connection with any proceedings Server Monkeys may institute against a third party at Server Monkeys' expense.
Privacy
  • The information you provide to us will be stored on computer. We are committed to protecting your privacy. We and any of our associated companies may use the information you provide us to provide a more personalized service and to tell you about changes in our and their service or any new services which we think you will find valuable. If you object to any of these uses at any time, then please inform us by writing to Server Monkeys at the address set out in the "contact us" section at the site. We may also use such information where and to the extent of any requirement to comply with any applicable law, legal process or to enforce any of these conditions.
  • We will not monitor, edit or disclose the contents of any private communications transmitted via the Servers unless required to do so by law or in the good faith belief that such action is necessary to conform or comply with applicable law, to protect and defend the rights and/or property of Server Monkeys or to protect the personal safety of any of our clients or the public.
Termination

The contract may be terminated:

  1. Immediately by Server Monkeys if the client fails to pay any sums due hereunder within 14 days of their due date;
  2. Immediately by either party to the other if the other commits any material breach of any these conditions and which (in the case of a breach capable of being remedied) has not been remedied within a reasonable time period as may be specified in a formal request in writing or by electronic e-mail to remedy the same;
  3. Immediately by written notice from Server Monkeys if the client commits any material breach of any these conditions which may impact the services or servers of Server Monkeys or the ability of Server Monkeys to provide the services;
  4. Immediately by either party if the other shall convene a meeting with its creditors or if a proposal shall be made for a voluntary arrangement within part 1 of the Insolvency Act 1986 or a proposal for any other composition scheme of arrangement with (or the assignment for the benefit of) its creditors or if the other shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee receiver or administrative receiver or similar officer is appointed in respect of all or any of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or any other steps are taken for the winding up or the making of an administrative order (otherwise than for the purposes of a solvent amalgamation or reconstruction).
  • In the event that Server Monkeys is entitled to terminate the contract for any reason then it shall in the alternative at its sole discretion be entitled to suspend the services for such period as Server Monkeys shall determine.
  • Upon termination or expiry of the contract all amounts payable by the client to Server Monkeys shall become immediately due and Server Monkeys shall be entitled to immediately cease the provision of the services.
Foreign Jurisdictions
  • The site may contain references or cross references to services that are not available in every country. We do not represent that all services and content, materials and services on the site are appropriate or available for use in all geographic locations, and accessing such from certain locations may be illegal and prohibited. Your access to the content, materials and services on the Site from such locations is at your own initiative and we are not responsible for your compliance with local laws or other applicable laws. You will not access the foregoing if prohibited by law.
Miscellaneous
  • Any failure or delay by either party in exercising any rights or remedy will not constitute a waiver.
  • Any notice or other communication to be given by a party under this agreement must be in writing and must be given by delivery at or sending by first class post or by E-mail or facsimile transmission to the last known postal, E-mail address or relevant telecommunications number of the other party. Notices shall be deemed to have been received when in the ordinary course of the means of transmission it would be received by the addressee. To prove the giving of a notice it shall be sufficient to show it was dispatched. A notice shall have been effect from the sooner of its actual or deemed receipt by the addressee.
  • Any termination of this agreement shall be without prejudice to any other rights or remedies which a party may be entitled to hereunder or at law and shall not effect any previous rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into continue in force upon or after such termination.
  • If any provision of these conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the provision shall be deemed to be severable from the remaining provisions and shall not affect their validity or enforceability.
  • Your use of this site and the contract will be governed by U.S. Law and will be deemed to have occurred and been made in the U.S. If you have any disputes with us or any other aspect of the site then these will be exclusively resolved in the U.S. courts.
  • The client shall not share, re-sell or attempt to share or re-sell the services, transfer or attempt to transfer this contract or permit any third party to use and/or access any of the services for any purpose without prior consent of Server Monkeys.
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