CUSTOMER MUST AGREE WITH THESE TERMS IN ORDER TO UTILIZE REMSYS SERVICES
These are the terms by which REMSYS will provide its services and distribute its software.
These terms may be amended or modified without prior notification at any time.
REMSYS’s terms of service were last modified on January 11,2012.
The given agreement ("Agreement") states the conditions on which REMSYS will provide the Service ("Service"), and Customer ("Customer") will make use of the Service.
Payments made using WebMoney Transfer Online Payment System are determined by the Agreement on Property Rights Transfer by Means Of Digital Units.
Any software owned by REMSYS is regulated by REMSYS EULA (End User License Agreement).
In consideration of the mutual covenants set forth in these terms of service, both REMSYS and Customer hereby agree as follows:
1. THE SUBJECT OF THE AGREEMENT
All services provided by Remsys may be used only for purposes authorized by law. The Customer agrees to refund and secure REMSYS against any claims resulting from the use of the service that damages the Customer or any other party. Remsys will act as the sole arbitrator in judging upon the violations of this provision. Additionally, the prohibition is imposed to the sites that promote any illegal action or the ones that present a content able to prejudice Remsys.
2. GENERAL DEFINITIONS
The boundaries of REMSYS liabilities stand for the responsibilities that REMSYS are granted restricted withing the boundaries of the technical support services rendering.
Support subscriptions represent the subscribing Service that resides in rendering the technical support services on the basis of the monthly payments carried out by Customers for the technical support of a specific list of equipments.
Monitoring subscription constitutes the subscription to the monitoring services which doesn’t include a certain amount of time sustainable by the technical support.
The equipment included in the subscription technical support plan falls under the list of equipment, the technical support of which is performed on the basis of prior service subscription. The subscriber service can be carried out via separate subscribing for each unit of the supported equipment or via acquiring of one single subscription for the whole volume of time supported monthly. In the second case REMSYS together with the Client are bound to make up the list of equipment that the technical support plan will comprise.
The equipment that is not included in the plan of technical support is regarded as any equipment not holding a separate subscription or the one that is not registered in the equipment list that is a a part of the technical support plan.
Proactive monitoring - consists in technical support team’s dealing with the elimination of the technical issues based on its own initiative, without awaiting the Client’s notification.
Passive monitoring – consists in providing the monitoring of servers/services by using the e- mail in order to send an automatic notification to the Client informing him about the functional problem occurred. This type of monitoring does not imply any intervention of the REMSYS technical support team.
Hourly technical support stands for delivering the necessary technical support to the equipment that is not included in the subscription technical support plan and is payed out on an hourly basis.
The best effort states the principle of service delivery by which REMSYS by any objective reason can not provide a desired result, but shall make every effort to timely and quality solution of problems.
Standard technical support subscriptions represent the subscription packages announced on REMSYS official website.
Technical specification (TS) embodies the Client’s official request carried out in written form and inquiring the development and implementation of the project. The TS must comprise the general description of the informational infrastructure components/elements, involved in the project (that is the system elements, their technical parameters, their location, the linking channels, their roles and interconnections) as well as description of problems of current functioning and requirements regarding further performance.
3. TECHNICAL SUPPORT
REMSYS agrees to provide its customers with technical support twenty four hours per day every day of the year without exception.
When opening a trouble ticket, the Customer may select a priority level ranging from low to critical.
The level of the ticket priority will determine REMSYS minimum response time.
Customers should select the appropriate priority level for each ticket.
REMSYS may change the ticket priority if the problem doesn`t match the priority listed on http://www.remsys.com/support
Customer must open unique tickets for each technical support issue.
REMSYS guarantees the processing of requests by the order of their arrival according to their priority levels.
REMSYS ensures the simultaneous processing of work on one ticket, created for each maintained unit, on the condition that the Customer created no more than 5 tickets at the same time.
REMSYS is not in charge of the equipment that is not included in the technical support plan, but functionally bound to the equipment comprised in this plan.
REMSYS is absolved from any responsibility regarding the failures during the operation of the equipment that is included in the technical support subscriber plan, in case the failures were caused by an equipment that is not comprised in the above mentioned plan.
In order to have a minimal negative impact upon the equipment not included in the technical support subscriber plan, the Client must submit detailed instructions referring to the actions allowable and not allowable in the servicing of the equipment included in the support plan undertook by REMSYS personnel. These instructions must be provided in the corresponding technical support request (ticket).
The hourly technical support is carried out on the best effort conditions. The Customer must coordinate and agree with REMSYS upon the character and the volume of technical intervention before the payments for hourly services are done.
REMSYS provides a qualitative technical support for the OS and software, included in the list for the supported OS and software (as shown in paragraphs 5 and 6).
The technical support of ОS and software that are not included in the list mentioned above can be performed only on the basis of a preliminary agreement with REMSYS following the best effort principle.
REMSYS assumes the right to request some additional information/instructions regarding the Client’s OS and software functioning, in case such a necessity occurs and it is based on objective reasons. The given request can be put into effect via Helpdesk system. In case of any urgency REMSYS staff can additionally repeat this request using LiveChat of or by phone. It is advisable for The Customer to provide REMSYS the required information/instructions using the Helpdesk system.
REMSYS is not liable for ensuring sustainability in the Customer's ОS and software in the cases when the Customer carries out some technical works on this equipment without preliminary informing REMSYS technical support team about the character and the volume of the works performed.
The Customer is required to communicate in advance with the REMSYS Sales Department in order to confirm the availability of the standard technical support subscriptions for its servers. REMSYS is entitled to decline the technical support based on standard technical support subscriptions and will suggest instead a customized support plan.
4. SUPPORT CHANNELS
The proper support channels are :
c. Phone support (see the Technical Support phone numbers)
THE TERMS OF THIS AGREEMENT ARE VALID ONLY IF YOU USE THE PROPER SUPPORT CHANNELS.
All the emails or different requests to alternate support channels are treated as low priority requests.
Asking for emergency support or putting “urgent” in a subject line will not raise the priority of your request.
To open an emergency/critical support issue, you are advised to make use of the Trouble Tickets instead.
You can find below the list of supported OS :
- RedHat Enterprise Linux
- FreeBSD 6.x, 7.x, 8.x
- Windows 2000 Server, Windows 2003 Server, Windows 2008 Server
- Other OS: please, send a request to our sales department (firstname.lastname@example.org) to know if we support your OS
6. SUPPORTED SOFTWARE
- Web servers: Apache, nginx, Litespeedtech, lighttpd, IIS
- PHP and all the modules included in the OS as packages
- DB servers: MySQL, PostgreSQL, SQLite.
- DNS: bind, DJBdns, PowerDNS
- Control Panels: Cpanel/WHM, Directadmin, Plesk, WebMin
- MTA: Exim, Qmail, Sendmail, Postfix, PowerMail, Mdaemon
- POP/IMAP servers: Dovecot, Carier
- FTP: vsftpd, pure-ftpd, proftpd
- Clustering software: Heartbit, monit, glusterfs
- Virtualization software: Xen, Virtuozzo/OpenVZ
- VoIP software: Asterisk, FreePBX (and derivatives, trixbox, elastix, flashpbx).
- Cacti, RRD
- Backup software: CDP, Amanda, HP Data protector, Bacula, custom scripts based on rsync
- Infrastructure management: Puppet CMS
- Other software: please, send a request to our sales department (email@example.com) to know if we support your OS
7. OS UPDATES
REMSYS will apply updates from the approved sources mentioned below:
- Apache Foundation
- Fedora Legacy
- Red Hat
- Zend (PHP)
Only updates from approved sources are included in the support plan. Updates provided by other sources are not included. REMSYS will schedule updates together with Client and attempt to schedule updates during non-peak hours if the updates are expected to cause service interruptions.
Critical security updates may be applied at anytime without prior notification after compatibility testing is completed.
Compatible, non-critical OS updates shall be applied within 30 days after their release.
REMSYS may delay updating the OS if there are significant reports of issues with the updates.
8. SERVER AND SERVICES MONITORING
REMSYS will monitor server and services: ping, http, https, smtp, ftp, ssh, dns, disk usage, swap, memory, cpu load, raid status (if possible), processes monitoring, MySQL, PostgreSQl, MSSQL and any other service, per Client request. Monitoring is done 24/7/365 in 5 minute intervals.
Monitoring of the equipment/services is carried out exclusively for the equipment comprised in the technical support plan, including the monitoring subscriptions. The monitoring of the equipment sustained on an hourly basis is not available.
Proactive monitoring is carried out only for the equipment included in the technical support plan subscriptions granting a predefined amount of time and technical support.
Passive monitoring is carried out for the equipment bearing the corresponding monitoring subscription (the monthly amount of technical support time not included).
9. DEVELOPMENT AND IMPLEMENTATION OF THE TECHNICAL PROJECTS
The development and implementation of the technical projects stands for the creation/altering of the informational infrastructure of the Customer performed as a one-time service. The project development and implementation requires mainly the involvement of Senior System Engineers, System Architects and Key Account Engineer.
The development and implementation of the projects is carried out on the basis of the Technical Specification, offered by the Customer. TS can be specified and altered during the process of interaction between REMSYS and the Customer. Interaction between Customer and REMSYS is made possible by the use of the Helpdesk system. The final TS must be approved by both REMSYS and the Customer in the corresponding ticket.
The development of the project begins only after the Customer performs the payment of a necessary minimum sum in advance (not less thant 20% of the estimated total price of the project). REMSYS is not in charge of the situation when the project development/implementation services are performed poorly as a result of the Customer's failure to submit the TS or submitting it in an incomplete/inaccurate form.
Project development and implementation based on standard technical support subscriptions is not allowed.
The beginning, total duration and schedule of project development and implementation, as well as the terms of payment are discussed and confirmed in advance by the Parties.
REMSYS will correct any security issues relating to the OS. Security issues arising from user installed software, such as third party software, web scripts, or other tools, are not covered by the support plan. Assistance in securing these items can be provided at an additional charge after prior coordination with the REMSYS's Technical Department.
11. TECHNICAL SUPPORT TIME CALCULATION
Worked time is counted at 15 min increments.
12. REFUSAL OF SERVICE
REMSYS reserves the right to refuse or cancel the Service at its own discretion. Violation of any of these Terms of Service will result in a warning, suspension, or termination of Service. Service terminated due to Terms of Service violations will not be refunded.
REMSYS reserves the right to decline the technical servicing of the equipment that is part of the consolidated infrastructure and functionally integrated in some other equipment that is not comprised in the technical subscription plan (for instance declining the servicing of some servers constituents of a cluster). REMSYS reserves the right to decline hourly based servicing.
REMSYS is in charge to refuse the prolongation of the project without returning the payments fulfilled earlier by the Customer, in case of some recurrent short-term (less than 5 working days), or a single long-term (more that 5 working days) cessation (suspension, pause) occurs in the development and implementation of the technical project on the Client’s fault.
13. CUSTOMER ABUSE
REMSYS has a zero tolerance policy for abusive language and/or abusive behavior towards REMSYS, 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 without any refund.
All the issues regarding Service should be reported immediately by email to firstname.lastname@example.org.
14. EMPLOYMENT SOLICITATION
Customer will not directly or indirectly, during this Agreement and for a period of two years after its expiry or termination engage, employ, contract or otherwise work in any manner with, including without limitation as director, manager, agent or employee, any person who is or was employed or engaged by us.
REMSYS will not solicit, employ or retain any employee of Customer during period specified above.
All client billing cycles are based on the day that the Customer signed up for Service initially. The Customer will receive an invoice within 7 days before their account becomes due. The Customer is subjected to make the full payments within 7 days in order to avoid service interruption.
REMSYS 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 Customer of responsibility for the payment of all accrued charges. Service will be interrupted on accounts that reach 5 days past due.
The Customer will pay penalty 0.2% for each day of payment delay.
The Customer is entitled to a full refund within 48 hours of activating the service. Any other refunds will be negotiated individually between parties.
16. CHANGE OF SERVICE PLAN
Customer can shift from its present Service Plan to any other Service Plan available during the contract period, 14 days before the next billing cycle notification by sending a ticket to the Billing department. The change of the plan will come into operation from the next billing date. REMSYS does not charge anything for the plan change to come into effect.
17. SATISFACTION GUARANTEE
REMSYS guarantees high quality on its technical support Service.
If the Customer is not completely satisfied with the Service within the first 3 support requests or initial 30 days of service (the earlier of the two), the Customer will be provided with a refund paid minus any related setup fees or 3rd party services involved (licenses, servers). Only one refund per Customer will be honored. If the Customer requests a refund, and becomes a Customer again at a later date he will not be able to qualify for a refund. Refunds are only available for the system that benefited from the service. If Customer orders Services for more than one system, only one is eligible for a refund. In certain cases REMSYS reserves the right to delete, remove and/or undo any work that was performed on the Customer’s system(s) during the period in which a refund is or was requested and/or given.
The customer may choose to cancel at anytime, 14 days before the next billing cycle notification by sending a ticket to the Billing department.
Customer agrees to the auto-renewal of your account as long as you have not submitted cancellation request. This means that your account will continue to be paid for on a monthly basis until you have received a confirmation of service termination from REMSYS. No service will be provided after your Service Plan has been canceled. Any service will be provided only after receiving of advance payment according to the current price list.
REMSYS reserve the right to delete, remove or uninstall from maintained units any software or script created by REMSYS and available for REMSYS customers only.
Customer and REMSYS acknowledge and agree that the Specifications, client area details, all documentation, and information related to the performance, production, creation or any expression of the Services are the property of the Customer. Materials shared between REMSYS and Customer (the “Confidential Information”) including, but not limited to documentation, information about infrastructure, server specifications, client details, pictures, photographs, charts, correspondence, supplier lists, analysis and other furnished property shall be the exclusive property of the respective owner (the “Owning Party”) and will constitute valuable trade secrets. Both parties shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without prior written consent from the Owning Party, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. Excluded from the “Confidential Information” definition is anything that can be seen by the public or had been previously made available by the Owning Party in a public venue.
If a dispute arises, the parties will try in good faith to settle it through mediation conducted by a mediator to be mutually selected. If the dispute is not resolved within 30 days after it is referred to the mediator, it will be arbitrated by an arbitrator to be mutually selected. Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter. Costs of arbitration, including lawyers' fees, will be allocated by the arbitrator.
21. PAYMENT OF COMPENSATIONS
The Compensations paid for SLA violations are fulfilled according to the level of Quality Agreement. The Client is entitled to claim the payment of the compensations in cases when the servers are idle for more than 30 minutes, as a result of a REMSYS staff misdoing. The compensation payment in Client’s favor is due in case some harmful deeds caused by the REMSYS personnel occur, that haven’t been preliminary agreed upon with the Client. Each particular case is discussed in terms of the amount and the conditions of payment.
22. FORCE MAJEURE
REMSYS shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
CUSTOMER UNDERSTANDS AND AGREES THAT REMSYS® SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REMSYS® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.