SupportEagles | Terms of Service
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. All written, electronic and verbal information provided by company in connection with performance of the assignment is considered valuable property of Company and will be kept confidential.
You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
You must not
- republish material from this website in neither print nor digital media or documents (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website;
- redistribute material from this website - except for content specifically and expressly made available for redistribution; or
- republish or reproduce any part of this website through the use of iframes or screenscrapers.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation. Unless otherwise stated, and/or its licensors own the intellectual property rights published on this website and materials used on . Subject to the license below, all these intellectual property rights are reserved.
Outsourced Support Services
SupportEagles shall, during the Term (as defined below) provide to the Customer outsourced customer support services described in the outsource support service's descriptions.
- Providing ticket based helpdesk support services on a per ticket, per server, choosen time arrangement, either prepaid or monthly.
- Providing optional live chat operators to provide instant support services.
- Providing emergency response via tickets or skype or call
- Providing upgrads, maintenance etc upon client request.
Dedicated Support Services
SupportEagles shall, during the Term (as defined below) provide to the Customer outsourced customer support services described in the Dedicated support service's descriptions.
- Providing dedicated staff members to work directly for the Customer and provide support services solely to them during specific hours.
- Providing level one and level two support services to Customers' end users.
- Providing time to time updates/reports regarding the services
- Providing migration support for services
Server Management Services
SupportEagles shall, during the Term (as defined below) provide to the Customer server/computer administration services described in the Server Mangement service's decriptions .
Admin Services include, but are not limited to:
- Install patches, fixes, and updates to operating system and/or servers; install additional software packages to the operating system and/or server; install patches, fixes, and upgrades to additional packages.
- Provide Customer with adequate protection (as outlined in service description) and safeguard Customer against virus, Trojan, spyware, DDOS, (the "Protections") or any other unauthorized intrusion.
- Develop policies and procedures for updating Protections.
- Provide all additional services out outlined in specific plan description.
- Provide requested services and responses within a maximum 2 hour period of the Base Administration plan and 1 hour period for the Full Administration plan.
Live Chat Services
SupportEagles shall, during the Term (as defined below) provide to the Customer outsourced customer support services described in the Live chat service's descriptions.
- Providing live chat services for the client.
- Providing adequate response time for chats
- Providing valid and reliable informations on live chats
- We shall not handle billing issues unless explicitly specified by the client.
- We shall not be responsible for any cancellations based on live chat.
Remote Backup Services
SupportEagles shall, during the Term (as defined below) provide to the Customer outsourced customer support services described below (the "Support Services"), at such times as defined in the outsource support service's descriptions.
SupportEagles shall not be responsible for the following:
- Proving server for backups for websites, servers.
- Our server are for backup solutions alone. No other services or usage is not allowed at any cost.
- We provide only FTP access for remote storage of your backup.
- We shall not be responsible for any backup failure due to restrictions/limitations/issues at hosting end.
- We shall not be responsible for any loss due to issues with the backup servers.
- It would be the sole discretion of SupportEagles to provide the disk space specified in the Remote Backup Plans on single server or distribute among the backups servers.
- Providing level three services, unless SupportEagles is also the Customers' server administration service provider. Level three tickets will be escalated to Customers' admin team.
- Providing Customers' with direct access to SupportEagles technicians via live chat or telephone if the dedicated staff service is not purchased.
- Liaising with billing and/or accounting matters related to payment for software, licenses, Services or other items unless directly provided by or acquired for Customer by SupportEagles.
- Fixing errors and omissions contained in any third-party source outside the direct control of SupportEagles, unless otherwise specified.
Response time is defined as the initial response recorded on the ticket, which provides the customer with a status update and or response. SupportEagles agrees to provide a guaranteed response time of 30 minutes for all support tickets. Refunds / credits will be provided at the sole discretion of SupportEagles, if found to be in violation of terms listed. Exceptions due to causes beyond the control of SupportEagles will not be considered sufficient grounds for refunds / credits.
Payments and Fees
Establishment of support and administrative services is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Customer agrees that The Company automatically charges customer’s credit card, check or Paypal account every month. For prepaid services, the term shall terminate when credit is no longer sufficient to pay for services.
SupportEagles generates and sends all invoices 14 days in advance of the due date. You are responsible to pay any payments and fees by the due date.
Failure to Pay:
- Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date for all future invoices including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle, and will be billed on the anniversary date of each month.
- Upgrade Fees: Upgrades ordered on the billing anniversary date will be billed for a full month service and will continue each month on the anniversary date. Upgrades ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.
- Additional Service Fees: Additional services ordered on the billing anniversary date will be billed for the full month service and will continue each month on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.
- One Time Fees: One time fees, such as setup fees, administrative fees, software development projects and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.
- Late Fees: Clients have the option to pay an invoice at any time by logging into the Client Portal and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than 3 days (the grace period), the service is automatically suspended and a $15.00 late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus $15.00 must be submitted to SupportEagles.
SupportEagles may temporarily deny service or terminate this Agreement upon the failure of the customer to pay charges when due. Such termination or denial will not relieve subscriber of responsibility for the payment of all accrued charges. Service will be interrupted on accounts that reach 7 days past due.
SupportEagles will not be responsible for any damages your business may suffer because of your failure to make payment. SupportEagles makes no warranties of any kind, expressed or implied, for the services we provide.
All services require a 72 hour notice before the due date of the next invoice in order to cancel the service. All cancellations must be made through our Client Portal
. All requests are manually reviewed and processed by our staff. If any of the information supplied in the form does not match your account records, we will contact you via email to confirm the correct details. Your account is not canceled until you receive an email from a member of our staff (not an automated reply) confirming that your account cancellation was completed.
If you have a past-due balance on your account at the time the account is closed (either by your request or due to non-payment), the remaining balance must be paid within 30 days of when the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed. If our internal collection efforts fail, we reserve the right to turn the account over to a third party (either a collections agency or an attorney) for further action.
Money Back Guarantee and Refund Policies
The 15 Day Money Back Guarantee applies to the following services only:
- Live chat
- Dedicated Support
- Outsourced Support
SupportEagles has a zero tolerance policy for abusive language and/or abusive behavior towards our company, the Service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive will result in immediate irrevocable account termination. Threats to sue, slander, libel, etc. will all be considered abuse.
Refusal of Service
SupportEagles reserves the right to refuse, cancel, or suspend service at our sole discretion. SupportEagles will not be responsible for any damages your business may suffer because of this circumstance, and SupportEagles makes no warranties of any kind, expressed or implied, for services we provide.
SupportEagles makes no warranties or representations of any kind for the services being offered. The services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by SupportEagles or its agents or employees shall create a warranty. SupportEagles provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall SupportEagles be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. Client hereby acknowledges that this paragraph shall apply to all contents on all servers.
By using any SupportEagles services, you agree to submit to binding arbitration. If any disputes or claims arise against SupportEagles or its subsidiaries, such disputes will be handled by an arbitrator of SupportEagles's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of California. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
Customer agrees that it shall defend, indemnify, save and hold SupportEagles harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against SupportEagles, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SupportEagles against liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SupportEagles’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 a customer from SupportEagles's server.
SupportEagles will not be responsible for any damages your business may suffer. SupportEagles makes no warranties of any kind, expressed or implied, for services we provide. SupportEagles disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by SupportEagles and its employees. SupportEagles cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by SupportEagles are resold. Thus, certain equipment, routing, software, and programming used by SupportEagles are not directly owned or written by SupportEagles. Moreover, SupportEagles holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as SupportEagles sees fit.
Revisions of Terms of Service
SupportEagles reserves the right to change the Terms of Service at any time, without any form of notice to our clients, non-clients, or the general public. It is the customer's responsibility to check these Terms of Service from time to time for such changes. At all times customers are bound to the terms set forth. In no event shall SupportEagles or its staff's lack of enforcement of these terms constitute a waiver of these terms at any time.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this website without 's express written consent.
- data mining
- data extraction
- data harvesting
- 'framing' (iframes)
- Article 'Spinning'
You must not use this website or any part of it to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without the express written consent of .
Access to certain areas of this website is restricted. reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. may change or modify this policy without notice.
If provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security..
may disable your user ID and password at 's sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
reserves the right to edit or remove any material submitted to this website, or stored on the servers of , or hosted or published upon this website.
's rights under these terms and conditions in relation to user content, does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Limitations of liability
will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of in respect of any:
- death or personal injury caused by the negligence of or its agents, employees or shareholders/owners;
- fraud or fraudulent misrepresentation on the part of ; or
- matter which it would be illegal or unlawful for to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against 's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect 's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as .
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Breaches of these terms and conditions
Without prejudice to 's other rights under these terms and conditions, if you breach these terms and conditions in any way, may take such action as deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
may transfer, sub-contract or otherwise deal with 's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of , and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of .