Terms Of Service

Client Account Information and Acceptance of Terms

  1. Accuracy of Information
    The Client represents and warrants that all information provided to Server Tweakers (“Provider”), including but not limited to account details, contact information, billing information, and technical details necessary for the performance of services, shall be complete, current, and accurate. The Client agrees to promptly update the Provider in the event of any changes to such information.
  2. Responsibility for Misrepresentation
    The Provider shall not be liable for any delays, failures, or damages resulting from inaccurate, incomplete, or false information supplied by the Client. The Client shall indemnify and hold harmless the Provider from any losses or claims arising out of reliance on such inaccurate or misleading information.
  3. Acceptance of Terms
    By creating an account, accessing Provider’s portals or systems, or utilizing any services offered by the Provider, the Client acknowledges and agrees to be legally bound by these Terms of Service and all incorporated policies. Continued use of the Provider’s services constitutes ongoing acceptance of the then-current Terms of Service, as may be amended from time to time at the Provider’s discretion.
  4. Binding Effect
    These Terms of Service shall constitute a binding agreement between the Client and Provider, enforceable as a legal contract. If the Client does not agree to these Terms, the Client must discontinue use of all Provider services and systems immediately.
  5. Privacy Policy Acceptance
    By using Server Tweakers’ services, the Client acknowledges and agrees to the collection, use, and disclosure of information as described in the Provider’s Privacy Policy, which is incorporated herein by reference.”

Authorized Access and Acceptable Use

  1. Access Credentials
    (a) The Provider may issue the Client, and/or the Client’s designated representatives, access credentials (including usernames, passwords, API keys, or other authentication methods) for use with the Provider’s portals, dashboards, or other systems (collectively, the “Systems”).
    (b) The Client is solely responsible for maintaining the confidentiality of its access credentials and for all activities conducted under such credentials.
  2. Authorized Use Only
    (a) The Client shall access and use the Systems solely for legitimate business purposes directly related to the services provided by the Provider.
    (b) Unauthorized access, use, or attempted use of the Systems—including but not limited to attempts to bypass security controls, probe or scan networks, misuse monitoring tools, or access data not belonging to the Client—is strictly prohibited and may result in immediate suspension or termination of access without notice.
  3. Prohibited Conduct
    Without limiting the generality of Section 2, the Client agrees not to:
    • Share access credentials with any unauthorized third party;
    • Use the Systems to engage in fraudulent, abusive, unlawful, or otherwise improper activities;
    • Introduce malicious code, scripts, or software into the Systems;
    • Interfere with or disrupt the proper functioning of the Systems or the Provider’s infrastructure.
  4. Monitoring and Enforcement
    The Provider reserves the right, but not the obligation, to monitor access and usage of the Systems for security, operational, or compliance purposes. Any violation of these terms may result in suspension or termination of access, in addition to any other remedies available at law or in equity.
  5. Limitation of Liability
    The Provider shall not be liable for any damages arising from unauthorized access resulting from the Client’s failure to safeguard its credentials, nor for any suspension or termination of access undertaken by the Provider in good faith pursuant to this Section.

Billing and Payment

  1. Invoicing
    Server Tweakers (“Provider”) shall issue invoices for services rendered, whether on an hourly, retainer, or project basis. Invoices will be delivered electronically to the Client’s designated billing contact unless otherwise agreed in writing.
  2. Payment Terms
    All invoices are payable in full within fourteen (14) calendar days from the invoice date (“Net 14”). Payments not received by the due date shall be considered past due.
  3. Late Payments
    (a) Any invoice not paid within the stated terms shall accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law, calculated from the due date until payment is received.
    (b) The Client shall be responsible for all reasonable costs of collection, including attorneys’ fees and expenses, incurred by the Provider in connection with collecting past-due amounts.
  4. Suspension of Services
    The Provider reserves the right to suspend or withhold further services, including ongoing support, monitoring, or project work, in the event that any invoice remains unpaid beyond its due date. Services shall resume only upon receipt of payment in full of all outstanding balances, including any applicable late fees.
  5. Billing Disputes
    Any good-faith dispute regarding an invoice must be submitted in writing to the Provider within seven (7) calendar days of the invoice date. The Client’s failure to provide timely written notice of a dispute shall constitute acceptance of the invoice as accurate and payable in full.
  6. Payment Methods
    Provider accepts payments via methods specified on the invoice, which may include but are not limited to ACH transfer, credit card, or other mutually agreed methods. The Client shall be responsible for any transaction fees associated with its chosen method of payment.
  7. Prepayment and Deposits
    (a) For certain projects, large engagements, or at Provider’s sole discretion, the Provider may require advance payment, a deposit, or prepayment of a portion of estimated fees before commencing services.
    (b) Deposits are non-refundable except where the Provider declines to proceed with the engagement.
    (c) Prepaid balances will be applied against future invoices until exhausted, after which standard billing and payment terms shall apply.
  8. No Withholding
    The Client may not withhold, offset, or delay payment of any invoice on the basis of uncompleted projects, pending deliverables, or claims of dissatisfaction unless such withholding is expressly agreed to in writing by the Provider.

Technical Support

  1. Scope of Support
    Server Tweakers (“Provider”) offers technical support services, including but not limited to troubleshooting, system configuration, migrations, monitoring, and maintenance. The scope of each support request shall be determined at the Provider’s sole discretion.
  2. Right of Refusal
    The Provider reserves the right, in its sole discretion, to accept or decline any service request, project, or task. In circumstances where the Provider determines that a request falls outside its area of expertise, or where it is reasonably believed that the Client would receive greater value or efficiency from a specialist, the Provider may decline the request and, where practicable, refer the Client to an alternative service provider.
  3. Access Requirements
    The Client agrees to provide the Provider with such access to servers, systems, software, accounts, and related resources as is reasonably necessary to perform the requested services. The Client acknowledges that delays or failures to provide adequate access may impact the Provider’s ability to perform services in a timely or effective manner, and the Provider shall bear no responsibility for any such delays or failures.
  4. Client Responsibility for Backups
    (a) The Client is solely responsible for maintaining current, complete, and verifiable backups of all systems, applications, and data subject to Provider’s work.
    (b) While the Provider may assist the Client in implementing or verifying backup solutions, such assistance does not transfer or diminish the Client’s ultimate responsibility for ensuring backups are in place.
    (c) Under no circumstances shall the Provider be held liable for data loss, corruption, or system failure arising from the Client’s failure to maintain adequate backups.
  5. Liability for Damages
    (a) The Client acknowledges that technical support inherently involves the risk of unintended impacts, including but not limited to service interruptions, configuration changes, performance issues, or data loss.
    (b) Except as otherwise expressly provided herein, the Provider shall not be liable for any damages, including without limitation indirect, incidental, consequential, or special damages, arising from technical support activities.
    (c) The Client expressly releases the Provider from any liability for damages where adequate backups were not maintained by the Client in accordance with Section 4.
  6. No Guarantee of Resolution
    (a) The Provider will exercise commercially reasonable efforts to investigate, troubleshoot, and address issues reported by the Client.
    (b) The Provider does not warrant or guarantee that every issue will be resolved, that any system will operate without interruption or error, or that all Client objectives will be met.
    (c) Certain issues may be determined to be outside the scope of services, impracticable to resolve, or dependent upon third-party software, hardware, or vendors beyond the Provider’s control.

Monitoring Services

  1. General Provisions
    Server Tweakers (“Provider”) offers monitoring services to assist Clients in identifying and responding to potential service interruptions or performance issues. Monitoring services are provided on a tiered basis as described below. All monitoring services are delivered using the Provider’s monitoring infrastructure, including but not limited to the Zabbix Linux agent and related monitoring templates.
  2. Basic Monitoring
    (a) Under the Basic Monitoring plan, the Provider shall configure the Client’s systems for monitoring and provide alert notifications of identified issues.
    (b) Basic Monitoring does not include access to the monitoring dashboard.
    (c) Basic Monitoring includes:
    • Monitoring of the standard services included within the Zabbix Linux agent template;
    • One (1) website monitor, including SSL expiration checks, ping availability checks, and one (1) web scenario covering up to three (3) pages.
      (d) A one-time, non-refundable setup fee shall apply to Basic Monitoring.
      (e) The Client is solely responsible for responding to any alerts generated under the Basic Monitoring plan.
  3. Self-Managed Monitoring
    (a) Under the Self-Managed Monitoring plan, the Client shall receive all services provided under the Basic Monitoring plan.
    (b) In addition, the Client shall receive:
    • Dashboard access to the Provider’s monitoring platform;
    • Up to five (5) website monitors;
    • Monitoring of up to three (3) additional services as defined and configured by the Client in coordination with the Provider.
      (c) A one-time, non-refundable setup fee shall apply to Self-Managed Monitoring.
      (d) The Client remains solely responsible for responding to and managing any alerts generated under the Self-Managed Monitoring plan.
  4. Fully Managed Monitoring
    (a) Under the Fully Managed Monitoring plan, the Provider shall, in addition to configuring monitoring, respond to alerts selected by the Client and attempt to troubleshoot and remediate the underlying issue.
    (b) The Client may specify which categories of alerts the Provider shall respond to.
    (c) Troubleshooting and remediation services are billable either (i) at the Provider’s standard hourly rate of Seventy-Five Dollars ($75.00) per hour, billed in fifteen (15) minute increments, or (ii) under an active Retainer Package, if applicable.
    (d) The Client may establish in advance a maximum amount of troubleshooting time per alert, beyond which the Provider shall not proceed without express authorization from the Client.
    (e) A setup fee shall not apply to Fully Managed Monitoring.
    (f) While the Provider shall exercise commercially reasonable efforts in responding to alerts and performing remediation, the Provider does not guarantee resolution of any specific issue, or that remediation will prevent future occurrences.
  5. Add-On and Customized Monitoring Services
    (a) The Client may request additional monitoring services beyond those included in their selected plan, including but not limited to additional website monitors, service checks, or customized monitoring configurations.
    (b) All add-on and customized monitoring services shall be subject to separate fees as quoted by the Provider and agreed upon in writing by the Client.
    (c) Add-on and customized monitoring services are non-refundable and subject to the same limitations and disclaimers as the standard monitoring services.
  6. No Service Level Agreement (SLA) Guarantee
    (a) Monitoring services are provided strictly as a best-effort tool to assist the Client in managing systems and do not constitute a guarantee of service availability, uptime, or uninterrupted monitoring.
    (b) Provider expressly disclaims any and all Service Level Agreements (SLAs), warranties, or guarantees of response times, resolution times, or continuous monitoring availability.
  7. Limitations
    (a) Alerts may be delayed, suppressed, or missed due to conditions outside of the Provider’s reasonable control, including but not limited to internet outages, third-party dependencies, or hardware/software malfunctions.
    (b) The Client acknowledges that the Provider’s obligations under Basic and Self-Managed Monitoring are limited strictly to the provision of alert notifications, and that no further action is required of the Provider unless the Client subscribes to Fully Managed Monitoring.
  8. Integration
    These Monitoring Services terms are incorporated into and made part of the Provider’s Terms of Service and shall be interpreted consistently therewith.

Retainer Packages

  1. Availability and Structure
    Server Tweakers (“Provider”) offers monthly retainer packages whereby the Client may purchase a predetermined number of service hours at a discounted hourly rate. Available packages are as follows:
    • Two (2) hours per month at Seventy Dollars ($70.00) per hour;
    • Four (4) hours per month at Sixty-Five Dollars ($65.00) per hour;
    • Six (6) hours per month at Sixty Dollars ($60.00) per hour.
      The Provider’s standard hourly rate without a retainer is Seventy-Five Dollars ($75.00) per hour.
  2. Prepayment and Non-Refundability
    Retainer packages shall be billed in advance of each monthly billing cycle. Fees for retainer packages are strictly non-refundable, irrespective of whether the Client fully utilizes the hours purchased during the billing period.
  3. Use and Expiration of Hours
    (a) Retainer hours must be used within the billing cycle in which they are purchased.
    (b) Unused hours shall automatically expire at the end of the billing cycle and shall not carry forward, accrue, or roll over into subsequent billing cycles.
  4. Exceeding Retainer Hours
    In the event the Client exhausts the allotted retainer hours within any given billing cycle, all additional time spent by the Provider shall be billed at the discounted hourly rate corresponding to the Client’s retainer package.
  5. Scope of Services
    Retainer hours may be applied toward any professional services offered by the Provider, including but not limited to support, troubleshooting, monitoring, migrations, installations, and maintenance, unless otherwise expressly excluded in writing.
  6. Priority and Scheduling
    Clients with an active retainer package shall receive scheduling priority over non-retainer Clients, subject to the Provider’s reasonable availability. Provider does not warrant or guarantee immediate response times or resolution times for any given request, and all services shall be performed on a commercially reasonable efforts basis.
  7. Modification or Termination
    The Client may request to upgrade, downgrade, or terminate a retainer package by providing written notice to the Provider at least seven (7) days prior to the commencement of the next billing cycle. Absent such notice, the retainer package shall automatically renew under the same terms.
  8. Integration
    These Retainer Package terms are incorporated into and made part of the Provider’s Terms of Service and shall be interpreted consistently therewith.

Intellectual Property

  1. Ownership of Marks
    The name Server Tweakers, along with all associated logos, trademarks, service marks, trade names, graphics, designs, and branding (collectively, the “Marks”), are the exclusive property of Server Tweakers LLC (“Provider”).
  2. Restrictions on Use
    The Client shall not use, reproduce, display, distribute, or otherwise exploit the Marks in any manner without the Provider’s prior written consent. Unauthorized use of the Marks, including but not limited to use in advertising, marketing, promotional materials, domain names, or social media, is strictly prohibited.
  3. No License Granted
    Nothing in this Agreement or in the course of Provider’s services shall be construed as granting, expressly or by implication, estoppel, or otherwise, any license or right to use the Marks without the prior written permission of the Provider.
  4. Reservation of Rights
    The Provider expressly reserves all rights in and to the Marks not expressly granted herein.
  5. Enforcement
    The Provider reserves the right to enforce its intellectual property rights to the fullest extent permitted by law, including seeking injunctive relief, damages, and recovery of attorneys’ fees and costs associated with enforcement.

Limitations of Liability

  1. General Limitation
    To the maximum extent permitted by applicable law, Server Tweakers (“Provider”) shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of profits, loss of business, loss of data, or business interruption, arising out of or related to any services provided, whether under a retainer agreement, hourly engagement, or any other service arrangement.
  2. No Warranty of Specific Outcomes
    All services are provided on a commercially reasonable efforts basis. Provider makes no warranties, express or implied, regarding the achievement of specific results, uptime, resolution times, or suitability of services for the Client’s particular purposes.
  3. Force Majeure
    Provider shall not be held liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, power outages, internet disruptions, labor disputes, governmental actions, hardware or software failures, or third-party vendor issues.
  4. Maximum Liability
    In no event shall Provider’s total liability to the Client for any claim arising out of or related to services provided exceed the total amount paid by the Client to Provider in the three (3) months immediately preceding the event giving rise to the claim.