Subscription, Billing, Renewal, and Cancellation
Our services are sold as a recurring subscription. By placing an order and providing payment information, you authorize Server Surgeon to charge your payment method on file for the agreed amount at the start of each billing cycle — monthly, quarterly, semi-annual, or annual — according to the plan you select.
Subscriptions renew automatically at the end of each billing cycle at the then-current rate, and continue on the same cycle until you cancel. We will notify you by email at least thirty (30) days before any change to renewal pricing for an active subscription.
How to cancel. You may cancel your subscription at any time by emailing sales at serversurgeon dot com or by opening a ticket in our support portal at support.serversurgeon.com. Cancellations take effect at the end of the current paid billing period; for prepaid quarterly, semi-annual, or annual cycles, no partial refunds are issued for the unused portion of the cycle except as expressly provided under our 30-day money-back guarantee below.
30-day money-back guarantee. If you cancel within the first thirty (30) days of your initial signup for a given plan, you are entitled to a full refund of fees paid for that initial period. The money-back guarantee applies once per customer per plan and does not apply to renewals or subsequent signups. After the initial 30-day window, all payments are non-refundable as set out in the “Disputes” section below.
Failed payments. If a renewal charge is declined, Server Surgeon will attempt to notify you at the email address on file and retry the charge. Services may be suspended if payment is not received within seven (7) days of the original due date, and may be terminated if not received within thirty (30) days. Reactivation may require payment of past-due amounts.
Keeping payment information current. You are responsible for keeping the payment method on file accurate and current. Server Surgeon is not liable for service interruptions, suspensions, or terminations caused by an expired, invalid, or revoked payment method.
Price changes. Server Surgeon may change the price of any plan with at least thirty (30) days’ written notice to the email address on file. Continued use of the service after the change takes effect constitutes acceptance of the new price. Price changes do not apply to billing cycles already paid in advance.
Taxes. All prices are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for paying any such amounts.
Indemnification
Customer agrees that it will protect, indemnify, save and hold Server Surgeon harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against Server Surgeon, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Server Surgeon harmless against liabilities arising out of: (1) any injury to person or property caused by any products sold or distributed in association with Server Surgeon’s Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from Server Surgeon’s Services.
Governing Law, Jurisdiction, and Venue
The validity, interpretation, construction and performance of this agreement shall be governed by the laws of the State of Arizona. The Arizona state courts of Maricopa County, Arizona (or, if there is exclusive federal jurisdiction, the United States District Court for the District of Arizona) shall have exclusive jurisdiction and venue over any dispute arising out of this agreement, and customers hereby consent to the jurisdiction of such courts.
Customer’s Sole Remedy
Server Surgeon’s entire liability and Customer’s exclusive remedy shall be the refund of up to thirty (30) days of service.
Limitation of Liability
Customer acknowledges and agrees that the consideration which Server Surgeon is charging hereunder does not include any consideration for assumption by Server Surgeon of the risk of Customer’s consequential or incidental damages which may arise in connection with Customer’s use of the software and documentation. Accordingly, Customer agrees that Server Surgeon shall not be responsible to Customer for any loss-of-profit, indirect, incidental, special, or consequential damages arising out of the use of the service or documentation.
Any provision herein to the contrary notwithstanding, the maximum liability of Server Surgeon to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any service delivered to Customer hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to Server Surgeon by Customer for thirty (30) days of service whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of Server Surgeon arising out of this agreement. The parties acknowledge that the limitations set forth in this agreement are integral to the amount of consideration levied in connection with the license of the services and documentation and any services rendered hereunder and that, were Server Surgeon to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
Disputes
All payments after the first 30 days of service to Server Surgeon are nonrefundable, regardless of usage or reason. Any incorrect, overcharges or billing disputes must be reported within 60 days of the time the charge occurred.
Disclaimer
Server Surgeon will not be responsible for any damages your business may suffer. Server Surgeon makes no warranties of any kind, expressed or implied, for services we provide. Server Surgeon disclaims any warranty of merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Server Surgeon and its representatives, contractors or employees. Server Surgeon reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.
Server Surgeon furthermore 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, Server Surgeon wishes to emphasize that in accepting services, customers indemnify Server Surgeon for the violation of any law or Server Surgeon policy that results in loss to Server Surgeon or the bringing of any claim against Server Surgeon. This means that if Server Surgeon is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Server Surgeon, plus costs and reasonable attorneys’ fees.
Refusal of Service
Server Surgeon reserves the right at its sole discretion to refuse or cancel service. Violation of any of Server Surgeon’s Rules and Regulations could result in a warning, suspension, or possible account termination.
Zero Tolerance
Server Surgeon will provide no service of any type for customers which host, promote, or are in any way purposefully engaged in pornography (includes both hardcore and softcore pornography), gambling, warez, get-rich-quick, malicious software, hacking, spamming, copyrighted content not owned by you, or any type of illegal activity, or host content deemed inappropriate by our sole discretion.
Customer Abuse
We have no tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund.
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 Server Surgeon 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.
Confidentiality Statement
We at Server Surgeon ensure that all personal information submitted to us in processing your order and for billing purposes (including but not limited to credit card information) will be kept strictly confidential and used solely by Server Surgeon, 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 Server Surgeon staff members, representatives, contractors, and employees only.
Questions about these terms
Email sales at serversurgeon dot com or use our contact form for any question about these Terms of Service. See also our Privacy Policy.