General

The following document outlines the terms of service for Support.pl Sp. z o.o., operating under brands Support.pl and NK Support. Where relevant, you agree to provide us with sufficient detail about, and access to, your services, policies and systems to enable us to provide the service to you and your customers. NK Support will not be responsible for any problems for your servers from data center end and the downtime or any kind of service interruption due to server downtime from data center end.

Prices

Fees are subject to change without notice. However, your fees remain the same as those when you signed up, during your contract period.

Definition of Terms

‘Server support’: Server support includes management and troubleshooting of all system software and hardware installed on the server.

Examples of a server support ticket are:

• the website is down
• ftp suddenly stopped working
• kernel security update

‘Client support’: All work not covered by Server Support is considered Client Support and may be billed separately.

Client Support includes:

• new software installation
• existing software configuration changes
• new accounts/websites setup
• troubleshooting of the client applications (e.g. php/perl/java webapps, self-installed or self-managed software)
• troubleshooting of server problems caused by the user’s actions

Examples of client support are:

• new account to set up
• websites forum’s security update
• website down after an update by client

Client Support hours included with a monthly package are not accumulated from period to period. The Client Support quota is renewed monthly. Unused hours are not carried over to the next billing period.

Client support work is accounted in 1 hour increments with a minimum charged amount of 1 hour per request.

Client Support performed on urgent demand or during non-business hours is billed at a rate of 4 billing hours for 1 real hour according to the corresponding package.

NK Support reserves the right to distinguish accomplished work between Server Support and Client Support and charge the clients accordingly.

One Time Services

One time services include the hourly billed administrative time, free Client Support hours included with management packages and any other non-monthly or non-ongoing services provided by the Company. No support will be given to these services, including troubleshooting any problems that occur caused by the services, unless the Company chooses to provide it. NK Support reserves the right to refuse additional work depending on the company’s area of expertise.

Service Level

Response to non-urgent email/chat/IM tickets is guaranteed within 24 hours. We will do our best to address such requests within 1 hour after ticket submission unless a network outage or other massive problem takes place. Response to urgent phone requests is guaranteed within 30 minutes.

Spam, Malicious Activity and Illegal Content

NK Support takes a zero tolerance approach to the sending of all kinds of unsoliticed bulk ads including email spam through our equipment. Customers of NK Support may not use or permit others to use our network to send spam emails. Customers may not host, or permit hosting of, sites or information that is advertised by spam from other networks. Violations of this policy carry severe penalties, including termination of service.

Users are prohibited from violating or attempting to violate the security of any network. Violations of system or network security may result in civil or criminal liability. NK Support will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. These violations include, without limitation:

• Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access.
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
• Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
• Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
• Taking any action in order to obtain services to which such user is not entitled.

All content must conform with the local law of the country where the server rented from NK Support resides. Hosting illegal content on the equpment provided by NK Support is strictly prohibited. If we are notified of such content hosted by a customer, the said customer’s account is immediately suspended for investigation. Legality of the content is solely the customer’s responsibility.

As our customers are ultimately responsible for the actions of their clients, while using our servers it is advisable that customers develop a similar, or stricter, policy for their clients.

Engineer Non-Solicitation

The client agrees to never contact any of NK Support’s managers, administrators, techs, or contractors for any position outside of their current employment with NK Support. You will not directly or indirectly, during this Agreement solicit, engage, employ, contract or otherwise work in any manner with any person who is employed or engaged for you.

Bandwidth and Disk Usage

Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by customer. In case of an overuse extra fees will be applied to the account in accordance with its package. Failure to pay will result in account suspension.

Billing

Customer agrees to pay NK Support for all charges incurred under his account, including all applicable taxes, fees and surcharges. The client authorizes NK Support to charge his designated payment method for these charges. If NK Support does not receive payment from his designated payment method, the client agrees to pay all amounts due upon demand by NK Support or its operators.

All accounts are set up on a pre-pay basis. It is the customers’ responsibility to inform NK Support on changes in credit card type, PayPal e-mail address or expiration date to their credit card. Subscription fees are billed once monthly. Additional invoices for package overages, such as additional bandwidth, storage space or Client Support hours, may be sent at the end of billing period if such overages took place.

All fees are exclusive of all taxes or duties imposed by governing authorities. The subscriber alone is responsible for payment of all such taxes or duties. Same applies to the commissions applied by his bank, credit card company or PayPal subscription. The net amount received to our account is credited to the client’s account with us. In case of wire transfers, the client pays all related commissions to his own bank. The amount received to our account with all fees deducted from it is considered the total payment amount.

Failure to Pay

The customer agrees to cover all additional expenses and commissions coming from their inability to pay the invoice, erratic refund or charge back requests and blocked/rejected transactions. This covers situation such as expired or blocked credit card, card transaction chargeback request by the client, insufficient amount on the PayPal account balance, etc.

If the customer believes that charges to his account by NK Support were made by mistake, he would immediately contact our billing department to clarify the issue and would not take actions that may result in additional charges, such as chargeback requests. We value every client and always clear all billing issues immediately.

NK Support may temporarily deny service or terminate the account upon the failure of the customer to pay charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges. Service will be interrupted on accounts that reach 7 days past due.

Suspension of Service or Cancellation

NK Support reserves the right to suspend access to any customer if in the judgment of the company’s system administrators the customer’s account or server is the source or target of the violation of any of the other terms of the AUP or for any other reason which the Company chooses. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s accounts or servers were suspended. NK Support reserves the right to cancel the customer’s account account if the investigation of such cases proves the client’s malicious activity on our equipment.

Cancellation

Cancellation has to be made by emailing sales for authorization purpose and not by informing it on live chat or any of our IM (Instant Messengers). You have the right to cancel the Service for any reason with prior notice of 15 or more days before the next billing period. If service cancellation has been requested within 15 days or less before the renewal date, the recurring fees may be charged before canceling.

Confidential information

Each party will maintain all Confidential Information of the other party in strict confidence and will not at any time or for any reason disclose any Confidential Information of the other to any third party without the disclosing party’s prior written consent. Neither party will use any Confidential Information of the other for any purpose whatsoever except in performing its duties and exercising its rights under this Agreement.

Neither party will disclose any Confidential Information of the other to any of its agents or employees who do not participate directly in the performance of its duties or exercise of its rights under this Agreement, and each party will advise its employees who are permitted access to any Confidential Information of the other party, of the restrictions on disclosure and use set forth in this Agreement.

Notwithstanding the foregoing, either party may disclose the Confidential Information of the other if it believes in good faith that any applicable law, rule, or regulation requires the disclosure, provided that it makes a reasonable effort to give the disclosing party as much advanced notice as may be practicable. On termination or expiration of this Agreement, each party will return or destroy all Confidential Information obtained from the other party and copies thereof.

Either party may use for any purpose without obligation to the other party’s information (other than Confidential Information) in non-tangible form, which may be recalled by persons who have had access to the Confidential Information, and which results from work with the Confidential Information. Nothing in this Clause will prohibit or restrict our right to provide the same or similar products or services furnished hereunder to other parties. You acknowledge and agree that the restrictions on Confidential Information contained in this Agreement shall not apply to the general knowledge, skills and experience gained by us or our employees while engaged by you.

Customer agrees to indemnify the Company on account of the unlikely compromise of the customer’s vital information.

Service Interruptions

NK Support shall not be responsible for any delay or failure in performance, where the delay or failure results from reasons beyond the control of NK Support. This include but not be limited to “act of God”, riots, acts of war, fire, theft, power failure any mechanical, electronic, or communications failure or other disasters.

Indemnification Policy

NK Support reserves the right to refuse service to anyone for any reason not prohibited by law. We also reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all the Company services at your own risk. NK Support specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall the Company be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against the Company, 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.

Limitation of Liability

You understand and agree that NK Support shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if NK Support has been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the service; (II) any direct or indirect result of NK Support service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; (V) any damages to customers servers caused by NK Support or (VI) any other matter relating to the service.

Change of Conditions

NK Support retains the rights to alter and amend these terms and conditions as required and without notification in the interest of our users. All changes to this page will be applicable to previous versions.