Customer agrees that it will protect, indemnify, save and hold FirmbIT harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against FirmbIT, 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 FirmbIT harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with FirmbIT's 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 FirmbIT's Services.
Customer's Sole Remedy
FirmbIT's entire liability and Customer's exclusive remedy shall be the refund of up to fifteen (15) days of service.
Limitation of Liability
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH FirmbIT IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY FirmbIT 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 FirmbIT 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 FirmbIT 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 FirmbIT by Customer for fifteen (15) 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 FirmbIT 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 FirmbIT to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
FirmbIT offers a satisfaction guarantee on our server management and monitoring services. If you are not completely satisfied with our services within the first 3 technical support requests or 15 days of service (whichever comes first) from the date of your signup, you will be given a full refund of the amount paid. Only one (1) refund per customer or affiliate thereof will be honored. (For example, if you signup and request a refund, and then signup at a later date, the money back guarantee does not apply.) The money back guarantee only applies to work performed on one (1) server IP address. (For example, if you signup with 2 or more server IP addresses, and request a refund within the first 15 days, only the amount paid for the 1st server IP
will be refunded). In certain instances at our sole descretion, we reserve the right to delete, remove and/or undo any work that was performed (including but not limited to: deleting files created or modified, deleting backups created, removing software installed, etc.) on your server(s) during the period in which a refund is or was requested and/or given.
All payments after the first 15 days of service to FirmbIT are nonrefundable, regardless of usage or reason. Any incorrect, overchargesor billing disputes must be reported within 60 days of the time the charge occurred. If you dispute a charge to your credit card issuer that, at FirmbIT's sole discretion is a valid charge under the provisions of our TOS, you agree to pay FirmbIT an "Administrative Fee" of $100 per dispute.
FirmbIT will not be responsible for any damages yourbusiness may suffer. FirmbIT makes no warranties of any kind, expressed or implied for services we provide. FirmbIT 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 FirmbIT and its representatives, contractors or employees. FirmbIT reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.
FirmbIT 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, FirmbIT wishes to emphasize that in accepting services, customers indemnify FirmbIT for the violation of any law or FirmbIT policy, that results in loss to FirmbIT or the bringing of any claim against FirmbIT. This means that if FirmbIT is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against FirmbIT, plus costs and reasonable attorneys' fees.
Refusal of Service
FirmbIT reserves the right at its sole discretion to refuse or cancel service. Violation of any of FirmbIT's 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.
We have zero tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any customer deemed at our sole descretion 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.
Response Time and Resolution Time
We offer and guarantee a response within 6 hours, and a resolution within 24 hours, per ticket. Tickets are reviewed in the order they are received, and answered consecutively. Response and Resolution time count starts from the moment the ticket is opened in our Client Login area. When a new ticket is opened while another ticket is already opened and unresolved, the Response and Resolution time count for the new ticket starts from the moment that the previous ticket was resolved. A "response" means that a technician has read the ticket, assigned it to the most appropriate technician to handle your specific problem, and responded stating that the ticket resolution process has started. A "resolution" means that a technician has resolved the problem in the ticket. (You will see some tickets responded to and resolved within minutes, and others within hours. Nevertheless, we only offer and guarantee that a response will be received within 6 hours, and a resolution will be received within 24 hours. Therefore, for example, whether you receive a response within 1 minute or 5 hours, and a resolution within 1 minute or 23 hours, it is still within our offered and guaranteed response/resolutions times.) In certain instances, if you report a problem that is erratic or requires more time than our response/resolution time to debug, we will inform you of this within our response/resolution time.
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 FirmbIT to thereafter to enforce and compel strict compliance by the other party regarding any of these terms and conditions.
If any one or more sections of these terms and conditions should ever be determinedto be illegal, invalid, or otherwise unenforceable by reason of any law, statute, regulation, or public policy, then, to the extent and within the jurisdictionin which the section is illegal, invalid, or otherwise unenforceable, the section shall be limited or severed and deleted from these terms and conditions, andthe 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.
We at FirmbIT ensure 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 FirmbIT, 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 FirmbIT staff members, representatives,contractors and employees only.
If you do not accept or understand any part or parts of our 'Terms of Service and Policies', please contact us immediately prior to signing up with our service.
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.