Server Emergency's satisfaction guarantee is limited to provided service on a single server IP address. In the event of a refund being requested, Server Emergency may at it's sole discretion delete, remove and/or undo any service provided to customer (including but not limited to, uninstalling software installed by Server Emergency, destroying customer
backups, removing files modified or created, etc.) on your server(s) for the period for which the satisfaction guarantee refund applied to.

*Customer's Sole Remedy*
The customer's sole remedy, and Server Emergency's maximum liability, for any claim arising from Server Maintenance will be the refund of an amount not exceeding fifteen (15) days fee paid by the customer.

*Limitation of Liability*
Server Emergency's cumulative liability to customer or any other party for any loss or damages resulting from any claims, demands or actions arising out of or relating to this Agreement shall not exceed the amount paid to Server Emergency for this Service Agreement.

*Disputes*
All payments made after the expiration of the satisfaction guarantee period of fifteen (15) days will be non-refundable. All billing disputes must be reported within sixty (60) days of the time the dispute occurred.

Customer disputes of valid charges by Server Emergency on customer's credit card (a charge back) will not be tolerated and will result in an administration fee of $100 being levied, and Server Emergency may at it's sole discretion impose late fees equivalent to 1.5% of outstanding balance per month and/or discontinue service to customer.

*Refusal of Service*
Server Emergency reserves the right at it's sole discretion to refuse, suspend, or cancel, service provision. Violation of any of Server Emergency's rules and regulations may result in Server Emergency issuing a warning, suspending customer's account, or account termination. Server Emergency may terminate service at any time without notice. Customer's in violation of Server Emergency's policies will not be eligible for a refund of fees paid.

*Customer Abuse*
Server Emergency operates a zero tolerance policy of abuse directed at Server Emergency's staff or contractors and reserves the right to suspend or terminate customer's account. Further, Server Emergency will refer any and all threats to Server Emergency staff or property to the relevant law enforcement agencies.

*Response Time and Resolution Time*
Server Emergency guarantees to answer (respond to) within 6 hours any support query raised by customer, and promises to provide a resolution within twenty four (24) hours of query being raised.

*Waiver*
The waiver or failure of either party to exercise any right specified in these terms of service will not be deemed to be a waiver of any further rights available to the party.

*Severance*
If any part of this Agreement is adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect or nullify the remainder of this Agreement, and the effect shall be confined to the part immediately involved in the controversy adjudged.

*Confidentiality Statement*
All personal information submitted by the customer to Server Emergency will be treated by Server Emergency as confidential for the duration of this service agreement and after contractual obligations have ended, and Server Emergency shall not make any use or disclosure of it. Server Emergency will not share or make available customer's personal information to any third party without written consent from the customer.

*Disclaimer*
Server Emergency will not be responsible for any damages your business may suffer. Server Emergency makes no warranties of any kind, expressed or implied for services we provide. Server Emergency 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 Server Emergency and its employees. Server Emergency makes no "uptime" guarantees. The Client agrees that Server Emergency shall not be liable for any damages as a result of loss of hosting services or hosted data.

Customer further acknowledges that Server Emergency's liability for its own negligence is zero, and Server Emergency may not be held responsible. Liability or Damages in any event may not exceed an amount equivalent to charges payable by customer for services during the period damages occurred. In no event shall Server Emergency be liable for any special or consequential damages, loss of revenue or injury.

*Indemnification*
Customer agrees that it shall defend, indemnify, save and hold Server Emergency, and each of its directors, shareholders, officers, directors, agents, contractors, employees and associates harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Server Emergency, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless Server Emergency against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Server Emergency's servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a
third party and (3) copyright infringement.