Terms of Service


TERMS OF SERVICE
J. M. SERVER SOLUTIONS
REVISED 04/10/2013

INTRODUCTION

The customer (“you,” “your,” “customer) should read these terms of service. Purchase of a product offered by J. M. Server Solutions (“JMSS,” “us, ” “provider”) means that you have read and understand these terms.

OBLIGATIONS

For all orders accepted by JMSS and subject to these terms of service, JMSS agrees to provide the services and applicable support listed on your orders, subject to and in accordance with the service agreement.

The customer agrees to do the following:

  • Pay when due the fees for services and applicable charges

  • Use reasonable security precautions in light of your use of services

  • Cooperate with JMSS’s reasonable investigation of outages, security problems, and any suspected breach of agreement

  • Keep your billing contact, information, and other account info up to date

  • Immediately inform JMSS of unauthorized use of your account or any other breach of security of the services.

ACCEPTABLE USE POLICY

By agreeing to the terms and conditions of this Agreement you agree to JMSS’s Acceptable Use Policy, which is expressly incorporated herein by reference.

INTELLECTUAL PROPERTY RIGHTS

You warrant, represent, and covenant to JMSS that:

  • You are at least 18 years of age if an individual;

  • You possess the legal right and ability to enter into this Agreement

  • You and your users will use the services only for lawful purposes and in accordance with this agreement, JMSS’s Acceptable Use Policy, and all applicable JMSS policies and guidelines, as contained in this agreement and posted on the JMSS website.

  • You and your users have obtained all license or other rights necessary to install or use any software or products in conjunction with your use of services

 

IP NUMBERS

JMSS will maintain and control ownership of all Internet protocol numbers and addresses that it may assign to you. JMSS may in its sole discretion, change, or remove any and all Internet protocol numbers and addresses.

SECURITY

JMSS is not responsible for any security breaches affecting servers or accounts under your sole control. If your server is responsible for or involved in an attack on or unauthorized access into another server or system, then you will notify JMSS immediately, and JMSS will have the right to respond accordingly, including without limitation the right to identify, isolate, and block the source of attack.

SERVICE LEVEL AGREEMENT

JMSS will respond to queries submitted by phone, electronic mail, or other viable communication in a maximum of 48 hours. Should labor be required as a result of this communication, a time estimate will be communicated to the client. 

TERMS AND PAYMENT FOR SERVICES

TERM

This agreement will be for the “term” as further described in the order. If no term is listed in the order, then the Initial Term will be one month. At the end of the Initial Term, the agreement will renew on a month-to-month basis. If you do not wish to renew, then you must provide JMSS the Cancellation Request as provided in this agreement.

TERMINATION

This agreement may be terminated in one of the following ways:

  • By you without cause and for convenience by providing the Cancellation Request

  • By JMSS without cause by providing you with a written notice at least 30 days prior to the termination date

  • By JMSS in the event you do not pay any undisputed fees due hereunder within or after 10 days of the due date

  • By you or JMSS, if a party commits a material breach of or if fails to perform any obligations under this agreement and has not cured such breach or failure within 30 days of receiving written notice from the terminating party specifying such breach or failure

  • As otherwise provided in this agreement or the acceptable use policy

TERMINATION LIABILITY

If you terminate this agreement before the end of the Initial Term other than for JMSS’s material breach, then you will be required to pay:

  • Actual amounts that have been invoiced for the services provided to the date the agreement is terminated as determined by the cancellation date

  • For non-monthly agreements, the difference between the monthly rate for services listed on the order at the time of the order, and the rate the services were discounted to based on the term pricing grid including any and all promotions. For the discount calculation, your liability will be limited to the period from the commencement of the initial term to the cancellation date.

PAYMENT

All charges under this Agreement are due and payable on the due date of the invoices unless otherwise agreed to in writing.

For recurring billing, services are billed one month in advance and payments are due 30 days of the date of the invoice.

After 90 days of non-payment the service will be terminated. A 15-day notice of termination will be given, at which time all invoices are due upon receipt.

After 120 days of non-payment the account will be sent to a collection agency.

JMSS reserves the right to modify the billing terms, including mandatory pre-payment for accounts that are habitually past due. If a client has a past record of sending late payments JMSS will enact a surcharge of 5% of the total monthly bill. The surcharge will be taken off after six (6) on time payments. This surcharge is in addition to any finance charges and is applied only to the normal monthly total.

For non recurring fees (such as fees for initial set-up, backup overages, bandwidth overages, paid for support request and any other non-recurring service) on or around the date incurred, or on or around the first day of the billing cycle that follows the date incurred, at JMSS’s option provided that JMSS may wait to charge you until the total aggregate fees due are at a minimum billable amount. Unless otherwise agreed in the order or modified via request, your billing cycle will be monthly, beginning on the date that JMSS first makes the services available to you.

Unless you have made other arrangements JMSS will charge your credit card and/or ACH or EFT on the due date. If you pay by credit card or ACH or EFT, then JMSS will charge your credit card or bank account (as applicable) to pay for any charges that may apply for your account.

Charges that are not disputed within 60 days of the date charged are conclusively deemed accurate.

 

LIMITATION OF LIABILITY

IN NO EVENT WILL J. M. SERVER SOLUTIONS BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE PRODUCT OR THE BREACH OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ANY LEGAL PROCEEDINGS WILL BE HEARD IN PENNSYLVANIA COURT IN CAMBRIA COUNTY.

AGREEMENT

USE OF THE WEBSITE, PURCHASE OF SERVICE, AND SIGNATURE OF CONTRACT ALL (AND INDIVIDUALLY) IMPLY ACCEPTANCE OF THESE TERMS OF SERVICE. ANY QUESTIONS OR CONCERNS SHOULD BE SUBMITTED IN WRITING TO:

J.M. SERVER SOLUTIONS, L.L.C.
PO BOX 5445
JOHNSTOWN, PA 15904

THESE TERMS CAN AND WILL BE MODIFIED WITHOUT PRIOR NOTICE. TERMS ARE READILY AVAILABLE ON THE WEBSITE AND THE CUSTOMER IS RESPONSIBLE FOR KEEPING UP TO DATE ON THE TERMS AND LIMITATIONS OF OUR LIABILITY. ANY VIOLATION OF THESE TERMS CAN RESULT IN TERMINATION OF CONTRACT AND OR LEGAL ACTION DEPENDING ON THE SEVERITY OF THE OFFENDING ACCOUNT.