Terms of Service

1. Acceptance of Terms

By accessing and using ServerConsultant's website, services, or engaging with our infrastructure management solutions, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

2. Description of Services

ServerConsultant provides enterprise infrastructure management and consulting services, including but not limited to:

• Business Continuity and Disaster Recovery (BCDR) planning and implementation
• High-availability infrastructure design and management
• Security audits and implementation services
• Web and workflow automation solutions
• Software architecture and roadmap development
• Cloud infrastructure optimization
• 24/7 monitoring and support services

3. Eligibility and Account Requirements

3.1 Business Use Only

Our services are intended for businesses, organizations, and professional use only. You must be at least 18 years old and have the authority to enter into this agreement on behalf of your organization.

3.2 Accurate Information

You agree to provide accurate, complete, and current information when requesting services or creating accounts. You are responsible for maintaining the confidentiality of any account credentials.

4. Service Agreements and Contracts

4.1 Separate Service Agreements

Specific infrastructure management services will be governed by separate service agreements or statements of work (SOWs) that will supplement these Terms.

4.2 Service Level Agreements (SLAs)

Service level commitments, response times, and availability guarantees will be specified in individual service agreements.

5. Acceptable Use Policy

You agree not to use our services or website for:

• Any illegal or unauthorized purposes
• Violating any applicable laws or regulations
• Distributing malware, viruses, or harmful code
• Attempting to gain unauthorized access to our systems or other users' data
• Interfering with or disrupting our services or servers
• Sending spam, unsolicited communications, or engaging in phishing
• Infringing on intellectual property rights
• Engaging in any activity that could harm our reputation or business

6. Data Protection and Privacy

6.1 Data Security

We implement industry-standard security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.

6.2 Client Data

We will handle your data in accordance with our Privacy Policy and applicable data protection regulations. You retain ownership of your data, and we act as a processor of your information.

6.3 Backup and Recovery

While we provide backup and disaster recovery services, you remain responsible for maintaining your own data backups as an additional safeguard.

7. Intellectual Property

7.1 Our Intellectual Property

All content, software, designs, and materials provided by ServerConsultant remain our intellectual property or that of our licensors.

7.2 Client Intellectual Property

You retain ownership of your intellectual property. You grant us a limited license to use your data solely for providing the agreed services.

7.3 Work Product

Custom configurations, documentation, and deliverables created specifically for your project will be governed by the terms of individual service agreements.

8. Payment Terms

8.1 Fees and Billing

Service fees, billing cycles, and payment terms will be specified in individual service agreements. All fees are due within 30 days of invoice date unless otherwise agreed.

8.2 Late Payments

Late payments may incur fees and could result in service suspension. We reserve the right to charge interest on overdue amounts at the rate of 1.5% per month.

8.3 Disputes

Billing disputes must be raised within 60 days of the invoice date. Undisputed portions of invoices remain due.

9. Service Availability and Maintenance

9.1 Scheduled Maintenance

We may perform scheduled maintenance with advance notice. We will minimize disruption and work within agreed maintenance windows.

9.2 Emergency Maintenance

Emergency maintenance may be performed without advance notice to address security issues or critical system problems.

9.3 Service Credits

Service level agreements may include service credits for availability failures, as specified in individual agreements.

10. Limitation of Liability

10.1 Disclaimer of Warranties

Our services are provided "as is" without warranties of any kind, whether express or implied, except as specifically stated in service agreements.

10.2 Limitation of Damages

To the maximum extent permitted by law, our total liability for any claims arising from or related to our services shall not exceed the amount paid by you for services in the 12 months preceding the claim.

10.3 Excluded Damages

We shall not be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

11. Indemnification

You agree to indemnify and hold harmless ServerConsultant from any claims, damages, or expenses arising from:

• Your violation of these Terms or applicable laws
• Your use of our services in a manner not authorized by these Terms
• Your data or content that infringes on third-party rights
• Your negligence or willful misconduct

12. Termination

12.1 Termination by You

You may terminate services with 30 days' written notice, subject to the terms of individual service agreements.

12.2 Termination by Us

We may terminate services immediately for breach of these Terms, non-payment, or if continuation of services poses security risks.

12.3 Effect of Termination

Upon termination, we will provide reasonable assistance in data migration, subject to payment of all outstanding fees.

13. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of government, war, terrorism, pandemics, or internet infrastructure failures.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, United States.

14.2 Dispute Resolution

Any disputes arising from these Terms or our services shall be resolved through:

1. Good faith negotiations between the parties
2. Mediation by a mutually agreed mediator
3. Binding arbitration if mediation fails

15. Modifications to Terms

We may modify these Terms at any time by:

• Posting updated Terms on our website
• Providing 30 days' advance notice of material changes
• Obtaining your agreement to continue services under new Terms

16. Entire Agreement

These Terms, together with our Privacy Policy and any executed service agreements, constitute the entire agreement between you and ServerConsultant regarding the use of our services.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Contact Information

If you have questions about these Terms of Service, please contact us: