Terms of Service

Overview

Serverside Networks Inc., located in Ottawa, Ontario, Canada (doing business as Serverside.com) agrees to furnish services to the Subscriber, subject to the following (“Terms of Service”). Serverside Networks Inc. is hereafter referred to as (“Serverside.com”), (“Us”) and (“We”), and the Client as (“Customer”), (“Client”) and (“You”). Use of any Serverside.com service constitutes acceptance of and agreement to these Terms of Service and to the Acceptable Use Policy (“AUP”). All provisions of this contract are subject to change from time to time at the discretion of Serverside.com. Subscriber understands that a change to the Terms of Service by Serverside.com shall not be grounds for early contract termination or non-payment. By accepting our Terms of Service, you also agree to the following:

• Privacy Policy
• Acceptable Use Policy
• Service Level Agreement

Services

Serverside.com provides dedicated servers, cloud servers, IP transit and related network services, and DDoS protection. Services are provisioned, managed, renewed and cancelled through the Serverside.com cloud console at https://cloud.serverside.com (“Cloud Console”). Unless a separate written agreement says otherwise, these Terms of Service apply to every service you order from us.

Refunds and Disputes

Orders placed by newly registered customers are eligible for a refund within 72 hours of the service being provisioned; this point is not marked by the time at which your initial payment is processed and may differ by several hours or days. All refunds are made through the payment method used for the initial payment. All of our other services, including add-ons, are not eligible for a refund. Refunds cannot be requested without probable cause; in addition, non-monthly terms are non-refundable. Our 72-hour money-back guarantee applies to a new client’s first order only. To request a refund, you must submit a request through the Cloud Console or by email to [email protected], outlining the reason. If you meet the terms of eligibility, a refund will be issued by a team member. Refunds will not be issued automatically. Refunds issued for billing errors are made on a per-case basis.

Cancellations

To terminate a service you must submit a cancellation request through the Cloud Console. A cancellation request must be submitted when a client no longer wishes to proceed with their service. Accounts with a payment method on file will automatically attempt to renew until the service is cancelled. Unless specified per special arrangement, we do not hold our clients to any contract term. Our customers can cancel at any time.

Exploitation

Clients may not exploit a service to obtain settings, features or resources beyond those included in their plan. For instance, a client may not alter the CPU, memory, storage, bandwidth or IP address allocation of a service to an amount that differs from what they are renting from us.

Liability Limitation and Exclusion

Serverside.com, under no circumstances, shall be held liable for any loss of data, disruption of information, or distribution of information, including that resulting from unauthorized access to our server systems, or for any other loss of data. Except as expressly provided in our Service Level Agreement, Serverside.com shall not be held liable for any disruption, delay, or disconnection of services for any period of time. We reserve the right to terminate a client’s services in the event of a payment dispute, regardless of the outcome of the dispute.

Support

Support requests for Serverside.com products shall be submitted through the Cloud Console or by email to [email protected]. Any other form of contact is not guaranteed a response from an official representative.

Promotions

Serverside.com cannot guarantee that all promotion codes will work all of the time.

Legal Contact

Serverside.com retains the right to seek and consult with any appropriate authorities that may need to be involved in the event of an issue arising, whether through violation of this policy or any other illegal occurrence requiring the involvement of law-enforcement agencies. Serverside.com regards any communication between the parties as confidential; upon distribution of any communication without prior approval, we will take action to the full extent of the law. By purchasing a service from Serverside.com you permit us to access and modify it where required to operate, secure or maintain it; this includes, but is not limited to, changing configuration, performing maintenance and other tasks related to running the service. Any verbal or written action to compromise our systems or any other equipment owned by Serverside.com will be taken seriously and will result in further investigation and possible legal action. Upon cancellation of payments to Serverside.com your service will be suspended unless prior arrangements are made. Data will be kept as long as possible after termination or suspension; however, the guaranteed amount of time is unspecified. Serverside.com retains the right to stop, start and modify your service at any time where required to operate or protect the network.

Termination

We reserve all rights to terminate your service upon any violation of these terms or on any other basis if deemed necessary. Services which are suspended for non-payment will be terminated seven days after the renewal invoice is due. We do not terminate services without cause.

Sales Taxes

Prices are stated exclusive of sales taxes unless marked otherwise. Applicable sales taxes are charged according to your billing address and are shown on your invoice before payment.

Governing Law and Jurisdiction

These Terms of Service, and any dispute or claim arising out of or in connection with them or the services, are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. The courts of Ontario, Canada have exclusive jurisdiction, and you consent to that jurisdiction and venue. Nothing in this section removes mandatory consumer protections that apply to you under the laws of your place of residence.