ServerProgress Terms of Service

This agreement describes the terms and conditions applicable to your use of our services at ServerProgress. By accessing, viewing, using or downloading materials from this web site, you agree to be bound by these terms.

In this agreement, "we" mean Wave Point Media Inc. / ServerProgress "you/users" means the members and/or clients, as the context requires. This site means ServerProgress Internet web site.

We may revise this agreement at any time by posting revised terms on this web site. Such revised terms take an immediate effect unless specified. Please note that it is your responsibility to check this agreement periodically.

Applicable Law
This site is owned and operated by Wave Point Media Inc. in Canada.
Email address - info@serverprogress.com This agreement shall be governed by the laws of Canada and the parties submit to the exclusive jurisdiction of the Courts of Canada. Your statutory rights are not affected.

Copyright
The materials on this web site are Wave Point Media Inc. and/or information provider's and ServerProgress copyright and may not be copied, distributed, published, licensed or reproduced in any way. You agree not to infringe copyrights, patents, registered trademarks and any trade secrets of other users or third parties.

Monthly Management
The client agrees to provide ServerProgress, and its staff, root access to the server(s) for this service and notices of any expected service outages in advance through our ticket system. The client understands that we will perform regular scheduled software updates on all servers under this service plan and may require reboots as seen fit by ServerProgress. The client is responsible for keeping data backups and will hold ServerProgress harmless in the event of any type of data loss. The client shall not contact ServerProgress for any reboots, this is handled by your datacenter. Furthermore the client agrees that are operation hours are 9AM-5PM EST, Monday to Friday and all support related issues strictly requires a support ticket to be sent in, issues are handled in a priority sequence. No phone support is available for any type of Monthly Management service - it is strictly for sales questions ONLY.

Contacting ServerProgress for issues outside of the management plan, or beyond the 1 hour administration time per month will result in a $50/h - 1 hour minimum service fee for our administrators to investigate your issue. The client will be alerted of such a fee before work will begin and payment must be made in advance.

To cancel your Monthly Management you must send in a support ticket to our sales team including your server IP, your full name, the original Paypal transaction ID and the reason for cancellation. The client will allow 3 days time for us to remove our propriatary software from your server so it does not continue to alert us of outages or updates available for your server - since we are no longer monitoring it. You will also no longer be able to use Upload Guardian and the license removed unless purchased specifically before the cancellation.

Disputes
All payments to Wave Point Media Inc. / ServerProgress are nonrefundable, regardless of usage or reason. Any incorrect, overcharges or billing disputes must be reported within 10 days of the time the charge occurred by emailing sales@serverprogress.com

Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion. Violation of the terms stated in this document are subject to immediate client account termination without warning or refund.

Client Confidentiality
Wave Point Media Inc. / ServerProgress ensure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by Wave Point Media Inc. / ServerProgress, its representatives, contractors, and employees, for the purposes for which it was intended, for the benefit of the subscriber. We agree not to share or release such information for advertising or marketing purposes to any unaffiliated third party, without the consent of the subscriber, except as required by law, regulation or governmental authority. All information provided to us by the subscriber is properly stored and handled at all times by authorized Wave Point Media Inc. / ServerProgress staff members, representatives, contractors and employees only.

Client Agreement
Clients agree to provide correct information to Wave Point Media Inc. / ServerProgress to the best of their knowledge and understanding. Failure to provide information such as server passwords may result in delays in service. We reserve the right to reschedule such services that best fit our current schedule, at our discretion.

Customer Abuse
Any clients who are abusive towards staff, in any business communication, will not be tolerated and are subject to account termination without warning. If such a termination takes place no refund will be given. Our staff shows respect to our clients, we expect clients to show the same respect to our staff.

LIMITATION OF LIABILITY
Wave Point Media Inc. shall not be responsible for any claimed damages, including incidental and consequential damages of any kind. We are not responsible for any type of data loss, damage to business reputation as the result of data loss or otherwise, as a result of using our services. Clients agree to hold harmless Wave Point Media Inc. / ServerProgress as a result of such loss.

PLEASE NOTE:
Clients are responsible for keeping their own data backups, which include but are not limited to; databases, graphics, media files, email or any other files used on the systems, provided access to Wave Point Media Inc. / ServerProgress.

Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Wave Point Media Inc. / ServerProgress HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Wave Point Media Inc. / ServerProgress, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, 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 Wave Point Media Inc. / ServerProgress AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Wave Point Media Inc. / ServerProgress's SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Wave Point Media Inc. / ServerProgress; (5) ACCIDENTAL DELETION OF CLIENTS DATA BY Wave Point Media Inc. / ServerProgress's STAFF.

Arbitration
By using any Wave Point Media Inc. / ServerProgress services, you agree to binding arbitration. If any disputes or claims arise against Wave Point Media Inc. / ServerProgress or its subsidiaries, such disputes will be handled by an arbitrator of Wave Point Media Inc's. / ServerProgress's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

Disclaimer
Wave Point Media Inc. / ServerProgress is not responsible for any damages your web site, server, business or otherwise may suffer. Wave Point Media Inc. may make changes and/ or improvements in the products described in this site at any time without notice. Regarding any communications with other users on this site, including the development and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such agreements, Wave Point Media Inc. is not liable for any loss or damage of any kind. Wave Point Media Inc. / ServerProgress makes no warranties of any kind, expressed or implied for services we provide. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Wave Point Media Inc. / ServerProgress and its employees.