This “TCA Server Solutions, LLC”  (“TCA”, “Us’, or “We”) Terms of Service (this “Agreement”) governs your purchase and use of all “TCA Server Solutions, LLC” services (collectively, the “Services”), as described in the Order(s) and Ticket(s) submitted by you (“Customer” or “You”) and accepted by “TCA Server Solutions, LLC” (“Service Order”). You must register and accept the terms of this Agreement in order to use the Services. BY REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL POLICIES, WHICH ARE INCORPORATED HEREIN BY REFERENCE. “TCA Server Solutions, LLC” may modify any of the terms and conditions contained in this Agreement at any time, in its sole discretion. Any modifications are effective upon posting of the revisions on the “TCA Server Solutions, LLC” web site (the “Site”). Your continued use of the Services following “TCA Server Solutions, LLC” posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify “TCA Server Solutions, LLC” of your termination of this Agreement in the manner described in the section below.

“TCA Server Solutions, LLC” provides server consultation services to many different kinds of clients. Therefore we have the responsibility to protect each of our clients and their interests and to provide the best services available. The following guidelines were designed to ensure that these obligations are met.

Indemnification

To the fullest extent permitted by law, the customer agrees to defend (including attorney’s fees), pay on behalf of, indemnify, and hold harmless “TCA Server Solutions, LLC”, its agents, officers, and employees or others working on behalf of “TCA Server Solutions, LLC” against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from “TCA Server Solutions, LLC”, its agents, officers, and employees or others working on behalf of “TCA Server Solutions, LLC”, by reason of 1) personal injury, including bodily injury or death and/or property damage; (2) any material provided by Customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright, trademark patent, or other intellectual property violation and any defective products sold to a customer from “TCA Server Solutions, LLC” Services.

Payment Policy

Pre-priced service packages must be paid before services are rendered. For general consultation services, not including those under contract or subscription where payment terms are defined, payment is due within seven (7) days of the invoice. Customers under a monthly agreement will be billed monthly based on the date of purchase, with payment due within seven (7) days. Payment is required by payment due date as indicated on the invoice unless an extension is granted in writing by TCA Server Solutions, LLC. If payment is not made by the due date, We may send the payment to a collection agency. We reserve the right to reverse or withhold any work that was completed but not payed for. History of late or lack of payment will result in refusal of services and/or the requirement to pay for services before they are rendered.

As the Customer, You are responsible for ensuring prompt payment for fulfilled services that you request. We do not deal with third parties or clients of its Customers for whom our Customers request services for on their behalf.  The person requesting the services is ultimately responsible for payment.

Refund Policy

For non-prepaid services, We assume that if you pay your invoice without objection, you are satisfied with the service(s) provided. Refunds will be considered on a case-by-base basis upon written request by the customer via our client portal. The written request must be submitted within seven (7) days of payment. TCA Server Solutions, LLC does not explicitly guarantee a refund for any provided services, especially if services have already been rendered.  No refunds will be given for custom-written scripts or plugins once the code has been provided to the Customer.

Refunds are not provided for monthly service packages when the cancellation is initiated by the Customer, and such cancellations prior to the end of the billing cycle will take effect at the end of the billing cycle.  Under circumstances where cancellation of a service package is necessary, an account credit may be issued for the prorated value of the cancelled service.  The issuance of a refund or credit is at the sole discretion of TCA.

In the event a refund is granted for monthly service packages, the refund will be calculated based on the full value of the hours already used on the plan since the start of the billing cycle. For example, if you have four (4) hours included in your plan and have used two (2), your refund will be the amount you paid for the service package minus $160 (2 hours @ $80/hr).

Customers are allowed to upgrade and downgrade between monthly service packages.  The cost of the time remaining on the previous plan will be calculated on a per-day basis and credited to the cost of an upgrade or downgrade.

Payment Disputes and Chargebacks

All payments made after fourteen (14) days to TCA Server Solutions, LLC are nonrefundable unless a refund is granted in accordance with our Refund Policy. Incorrect charges or billing disputes must be reported within 60 days from the time that the charge occurred, otherwise the charge will be deemed as accepted by you. If you file a dispute (chargeback) with your credit card issuer for a charge that is determined valid by TCA Server Solutions, LLC, you agree to pay a “Chargeback Fee” of up to $50 per dispute, plus any costs incurred by TCA Server Solutions, LLC for the investigation and rebuttal of the dispute. Unpaid debt and dispute fees may be sent to credit collection agencies or pursued as allowed by law.

Disclaimer

TCA Server Solutions, LLC WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. TCA Server Solutions, LLC MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. TCA Server Solutions, LLC DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES BUT IS NOT LIMITED TO LOSS OF DATA RESULTING FROM DELAYS, HACKING FROM INSECURITIES, PROLONGED DOWNTIME FROM LACK OF ACTION TO MONITORING, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY TCA Server Solutions, LLC AND ITS REPRESENTATIVES, CONTRACTORS, EMPLOYEES, OFFICERS, SHAREHOLDERS, OR DIRECTORS. TCA Server Solutions, LLC RESERVES THE RIGHT TO AMEND OR UPDATE THESE POLICIES WITHOUT NOTICE. FAILURE TO FOLLOW ANY TERMS AND CONDITIONS MAY RESULT IN ACCOUNT DEACTIVATION.

TCA Server Solutions, LLC expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer’s failure to comply with those laws will violate this policy. Finally, TCA Server Solutions, LLC wishes to emphasize that in accepting services, customers indemnify TCA Server Solutions, LLC for the violation of any law or TCA Server Solutions, LLC policy, that results in loss to TCA Server Solutions, LLC or the bringing of any claim against TCA Server Solutions, LLC. This means that if TCA Server Solutions, LLC is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against TCA Server Solutions, LLC, plus costs and reasonable attorneys’ fees.

THESE SERVICES ARE PROVIDED “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL TCA SERVER SOLUTIONS, LLC. OR ITS EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, OR ASSOCIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Refusal of Service

TCA Server Solutions, LLC reserves the right at its sole discretion to refuse or cancel service at any time, for any reason. Violation of any of TCA Server Solutions, LLC’s Policies or Terms of Service could result in a account termination.. Accounts may be terminated for any or no reason at all without any prior notice to the customer. Accounts or services terminated due to policy violations will not be refunded.

TCA Server Solutions, LLC is prohibited by law to do business with countries the United States has active embargoes against: Iran, Democratic People’s Republic of Korea (North Korea), Sudan, Syria, and Burma.

Customer Interaction

TCA Server Solutions, LLC makes every effort to treat all customers respectfully and equally. As such, We have no tolerance for abusive behavior towards our company, services, and/or employees. Customers engaging in abuse towards our company, services, and/or employees will have their accounts terminated without refund for any services provided. Inappropriate language, threats of legal action, slander, libel, etc are considered forms of abuse and will not be tolerated.

Issue Response and Resolution

TCA Server Solutions, LLC promises an initial response to all issues and inquiries submitted via our Client Portal or Ticket Desk within 12 hours. Since the circumstances and complexity of each issue may vary, we cannot and do not express a guaranteed resolution time. Instead, We commit to informing the Customer of the the estimated resolution time for their specific issue, and make every attempt possible to communicate updates on progress as necessary.

Monitoring incidents for customers under a monthly agreement where service includes monitoring response will be responded to within 10 minutes under normal circumstances.  The time involved with responding and resolving these incidents will be subtracted from the customer’s time balance included with their service plan.  The Customer agrees to authorize TCA to take reasonable measures to address any incident that warrants response.  This includes, but is not limited to, rebooting the server, restarting services, performing updates, and intervening with service processes and activities.

TCA Server Solutions, LLC operates 24 hours a day, 7 days a week, and 365 days a year. While we strive to maintain adequate staffing to fulfill the needs of our customers on a timely basis, some circumstances (such as weather, unexpected support volume, illness, and technical difficulties) may affect our response times.

Hourly Rates and Charges

Our rate for standard consultation services, not including pre-priced service packages, is $80 per hour unless otherwise agreed by both TCA Server Solutions, LLC and the Customer. By contacting Us, providing your server credentials, and requesting that We troubleshoot or review your request, You are consenting to one half hour of billable time. TCA Server Solutions, LLC uses a digital time-tracking system to accurately and honestly track the time spent on each ticket. This time tracker is audited on a regular basis and used to generate invoices. Time is calculated on a per-half-hour basis for hourly clients and will be invoiced within 48 hours of task completion. Any disputes of invoices or consultation fees should be furnished in writing before the invoice due date, otherwise the fees stated on the invoice will be deemed as accepted and payment is required.

Monthly maintenance packages are purchased per server and cannot be transferred or used for systems other than which the package was purchased for, with the only exception being the event of a server being completely replaced with another server operating in the same capacity.

The hours included in maintenance packages cannot be applied to any scripting or development services. These services will be charged at the standard hourly rate of $80.

Scope of Support

TCA Server Solutions, LLC provides no guarantee of service scope, but rather a case-by-case evaluation of each request to determine viability based on our knowledge, availability, and capacity to provide and support the request. The Customer should make no assumption of our ability to fulfill a task when such as not been indicated by us.

Services can only be provided on a Linux operating system accessible via SSH and adequate access to fulfill the request.

We do not inherently provide perpetual maintenance and/or upgrades for software or scripts that we write or install. If these services are needed, they will be billed as separate service requests.

We do not provide support for programming, design, or development of website applications. In the event that we agree to perform these services, the standard $80 hourly rate will apply.

We are more than happy to provide information on how certain technical work was done, however, we will not do so in lieu of being hired to perform said work. Contacting us for assistance or advice (excluding consultation requests) is subject to a minimum half-hour ($40) fee. If you have a support issue relating to cPanel or your hosting provider, we recommend contacting them first.

Requests for assistance via phone or chat may be considered billable time depending on the scope of work involved. Regardless of how you contact us, we may require you to have an open ticket for tracking purposes.

We cannot provide services for components outside of your server, even if these components are a contributing factor to your issue. This includes hardware such as routers and switches, and software that may be installed on these devices or others on your network.

You are responsible for ensuring that you have backups of your data prior to requesting services.

You are responsible for any changes that you request from us, in knowing what effect and consequences they will have on your system(s), regardless of whether such effects are communicated by us.

To schedule work to be done at a specific time, notice must be given at least 24 hours in advance within a 4-hour window.

We request that you only use the chat and phone contact methods, or open a high-priority ticket, when there is an emergency. We consider an emergency to be an issue where there is downtime or impending downtime, or a serious problem that is causing interruption for you or your users. If we deem your issue to not be an emergency, we will ask you to open a ticket and/or de-escalate your high-priority ticket to normal priority.

PCI Compliance Package

The customer is responsible for determining the requirements of PCI Compliance for their own server. TCA Server Solutions, LLC only provides services for ensuring the server-side technical compliance for PCI DSS standards as defined by the customer’s PCI scanning vendor. We are not responsible for completing your required Self Assessment Questionnaire (SAQ), nor are we responsible for the training and technical processes of your employees that may affect your PCI compliance status.

We do not provide PCI Compliance services for any server running an End-of-Life operating system.

To remain PCI compliant you have to pass a PCI scan at intervals determined by your scanning vendor according to your compliance level. You are responsible for monitoring and ensuring your compliance status. Our PCI Compliance Package covers a single server until it passes the scan for the first time since services are rendered. Subsequent scans that fail will be subject to the same cost of the package or our hourly rate, whichever is less. If the failed scan occurs within 30 days of a completed PCI Compliance Package, any new technical issues on the server resulting in the failure will be addressed at no additional cost.

The customer is responsible for obtaining a PCI scanning vendor, initiating a PCI scan, and providing a copy of the failed PCI scan to us.

We are not responsible for failed scans due to insecure website software, refusal to heed recommendations, unresolvable issues, or actions caused by the Customer.

We are not responsible for costs the Customer incurs as part of becoming PCI compliant. This includes the cost of PCI scans, SSL certificates, programming, and upgrades to website software.

As we require the Customer to approve changes made for PCI compliance, we are not responsible for any adverse affects that these changes may have, whether or not the Customer was aware of them.

Certain issues on servers may not be covered by the PCI Compliance Package and may be subject to our standard hourly rate in addition to the cost of the Package. TCA Server Solutions, LLC at its sole discretion will determine what items cannot be covered by the Package. For reference, these items include:

• Major operating system upgrades
• Server migrations
• Indirect fixes (i.e: having to fix one application to address the one intended)
• Upgrades or changes that are not required by the PCI scan

TCA Server Solutions, LLC IS NOT RESPONSIBLE FOR ANY LOSSES OR LEGAL RAMIFICATIONS RESULTING FROM ISSUES RELATED TO PCI COMPLIANCE OR LACK THEREOF.

Server Hardening Package / “Security Only” Maintenance Package

Our Server Hardening Package and “Security Only” maintenance package is provided with the intention of helping customers maintain a security policy for their system(s) and to ensure general security while allowing the environment to function as needed. This service is also included in all Server Management Plans. There is no such thing as being 100% secure, and We in no way express that by purchasing either of these packages that You are except from being targeted or exploited by a security threat, or that your server will never be hacked. Additionally, You are responsible for ensuring the overall security of your server and network, as well as approving changes recommended by our staff if You are subscribed to a monthly Package. As stated in this policy, We are not responsible for damages that occur due to security problems on Your server. We cannot provide any security support for website applications, excluding the execution of cleanup required from a previous hack.

In the event of a security breach, separate charges may apply for services not specifically included in our hardening Packages. This includes efforts related to in-depth troubleshooting, data restoration, server cleanup, and any other services determined to be outside the scope of the Packages. For reference, the following services are covered as part of the monthly “Security Only” maintenance package:

• Vendor package updates
• cPanel package and software updates
• Monitoring for aforementioned updates
• Monitoring for blacklisted IPs
• Monitoring for rogue processes
• Periodic auditing for malicious activity

TCA Server Solutions, LLC may offer additional services and support at their discretion. It is the responsibility of the customer to ensure that TCA Server Solutions, LLC has the proper access and authorization to respond to issues as needed.

Waiver

Customer agrees that the waiver of any breach, or the failure to enforce these terms and conditions, at any time, shall not in any way affect, limit, or waive the right of TCA Server Solutions, LLC to thereafter to enforce and compel strict compliance by the other party regarding any of these terms and conditions.

Severance

If any one or more sections of these terms and conditions should ever be determined to be illegal, invalid, or otherwise unenforceable by reason of any law, statute, regulation, or public policy, then, to the extent and within the jurisdiction in which the section is illegal, invalid, or otherwise unenforceable, the section shall be limited or severed and deleted from these terms and conditions, and the remaining sections of these terms and conditions shall survive, remain in full force and effect and continue to be binding, and shall not be affected except as may be necessary to make sense of these terms and conditions, and shall be interpreted to give effect to these terms and conditions to retain validity of these terms and conditions.

Customer Satisfaction

We are committed to the satisfaction of our customers, and will do anything reasonably possible to make sure our clients remain confident in the services we provide. We do however understand that we cannot possibly meet the needs of every client, and that some clients may not agree with or understand certain technical decisions or explanations.

We support free speech and the notion that customers have the right to post feedback wherever they wish. We ask that we be given the fair opportunity to address our customers’ problems prior to negative information about our company being posted on the Internet. In the unlikely event that you are not satisfied with our services, please submit a support ticket to allow us to address your concerns first. If instead of doing so you choose to publicly complain about an issue involving our company, you are waiving your protection to privacy by us and allowing us to publicly defend ourselves against any statements you make.

Additional Services

Any and all products, services, licenses, etc., purchased from us are bound by these Terms of Service in it’s entirety.

Services purchased from other websites, including those of our affiliates, are not covered under these Terms of Service and are in no way protected or guaranteed by TCA Server Solutions, LLC.

Confidentiality

TCA Server Solutions, LLC makes a reasonable and extensive effort to protect all personal information provided to us by our customers. All personal information, including credit card data, is kept strictly confidential and used solely by TCA Server Solutions, LLC, its representatives, contractors, and employees, for the purposes for which it was intended. In accordance with our Privacy Policy, we agree not to share or release information about our Customers to any third party without the written consent of the Customer, except as required by law. All information provided to us by the Customer is stored and accessed using reasonable measures of security and protection.

Non-Compete

All employees of TCA Server Solutions, LLC are hired as contracted 1099 (but not outsourced) employees, many of which retain employment with other companies. All employees are required to sign non-disclosure and limited non-compete agreements. This means our employees are not permitted to act in a capacity that could create an unreasonable conflict of interest between us, their other employer(s), and/or our customers. Special requirements have been established for customers of InMotion Hosting, Inc and Axcelx Technologies, LLC. Customers of these companies are permitted to subscribe to and/or retain our services under the following conditions:

InMotion Hosting, Inc (InMotion Hosting)

• The Customer must be an existing customer of TCA Server Solutions, LLC prior to initially securing hosting services with InMotion Hosting.  An “existing customer” is defined as an individual or company that has a registered client account in our Client Area and has retained our services at some point in time.
• Services can only be tendered to customers with a Virtual Dedicated (VPS) or Dedicated server. We cannot offer services to customers with Shared or Reseller accounts.
• TCA Server Solutions, LLC and InMotion Hosting are separate legal entities with no formal affiliation. As such, We are not to be utilized as a “shortcut” to contacting InMotion Hosting’s technical support or customer service.  Any service requests to us will be treated as billable time, regardless of whether said services are available from InMotion Hosting at any cost.
• TCA Server Solutions, LLC can only assist with the scope of service that we could perform with any other hosting provider. It should not be assumed that our employees have any “special” knowledge, access, or abilities that would generally only be granted to InMotion Hosting employees. Neither company shall be held liable for the actions of the other.
• In the event the Customer chooses to subscribe to InMotion Hosting Managed Hosting services, said subscription shall be held separately from any services subscribed to or tendered by TCA Server Solutions, LLC. (Time billed or purchased from one company is not transferable or usable by the other).
• TCA Server Solutions, LLC reserves the right to terminate any services in the event that providing the service creates a conflict of interest or other issue between us and InMotion Hosting and/or its mutual employees.

If you do not accept or understand any part or parts of our ‘Terms of Service and Policies’, please contact us immediately prior to signing up with our service.

By subscribing to and/or utilizing our services, you agree to accept, comply, and understand all of our ‘Terms of Service and Policies’ in full.