Managed Services Terms of Service
Dynamic Net, Inc. Standard Terms and Conditions for our Managed Service Customers and those thinking about becoming a customer
(1) Term of Service: This agreement is considered a one time contract unless term commitment is specified on page one (paper contract) or on the service pricing or service notes. Termination of recurring contracts after contracted term requires 30 days advance written (physical or electronic) notice.
(2) Service Activation: Under this agreement service begins as of the beginning date shown on the face of this agreement, but project start dates must be scheduled and agreed upon by both parties.
(3) System-Level Support-Not Covered: Dynamic Net, Inc. is not responsible for repairs necessitated by customer alteration of the operating system. Dynamic Net, Inc. shall not be liable for delay in furnishing or failure to furnish service if such delay is caused by forces beyond the reasonable control of Dynamic Net, Inc.
(4) Limitations of Liability: In no event shall Dynamic Net, Inc. be liable for damages resulting from loss of data, profits or for any incidental or consequential damages that exceed the charges paid by the customer hereunder for this contract, even if advised of the possibility of such damages, This agreement shall be interpreted under and pursuant to the laws of the State if Pennsylvania.
(5) Best Efforts: Client and Dynamic Net, Inc. agree to use their best efforts and cooperate in the performance of this Agreement.
(6) Agency: Client and Dynamic Net, Inc. agree that this Agreement is not intended to create any agency relationships of any kind; and both agree not to contract any obligations in the name of the other party and not to use each other’s credit in conducting any activities under this Agreement.
(7) Trademarks: Dynamic Net, Inc. may include Client’s name and contact information in directories of Dynamic Net, Inc. service subscribers for the purpose promoting the use of the service by additional potential clients. However, Dynamic Net, Inc. is not authorized to use Client’s name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of Client.
(8) Mutual Indemnification: Client/Dynamic Net, Inc. agrees to indemnify and hold Client/Dynamic Net, Inc. harmless from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred by Dynamic Net, Inc. as a result of any activities conducted by Client. Client and Dynamic Net, Inc. will promptly notify each other upon receipt of any claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph shall survive indefinitely the termination of this Agreement.
(9) Waiver: Either party’s waiver of, or failure to exercise, any right provided for in this Agreement shall not be deemed a waiver of any future right of this agreement.
(10) Successors and Assigns: This Agreement shall be binding on the parties, and on their successors and assigns, without regard to whether it is expressly acknowledged in any instrument of succession or assignment.
(11) Captions: The captions of each paragraph of this Agreement are inserted solely for the reader’s convenience, and are not to be construed as part of the agreement.
(12) Amendment: This Agreement constitutes the entire Agreement between the parties, and supersedes all prior writings or oral agreements. This Agreement may be amended only by writing clearly setting forth the amendments and signed by the party against whom enforcement is sought.
(13) Notices: Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
(14) Severability: Should one or more clauses of this agreement be held invalid under the laws of Pennsylvania or the United States, the remaining clauses shall remain in effect as a whole and binding contract.
(15) As a company policy, Dynamic Net, Inc. cannot perform work for companies directly or indirectly (ex.- through resellers) hosting or supporting the adult or the hate industries. Dynamic Net, Inc. reserves the right to cease services at any time if this policy must be enforced.
(16) Confidentiality. All information disclosed by Dynamic Net, Inc. to the Customer is Confidential Information and (1) shall remain the exclusive property of Dynamic Net, Inc., (2) shall be used by the Customer only for the Purpose set forth above, and (3) shall be protected by the Customer. Confidential Information shall constitute all information concerning Dynamic Net, Inc. (whether prepared by Dynamic Net, Inc., its representatives, advisers or others), whether furnished before or after the date of this Agreement and regardless of the manner in which it is furnished and includes, without limitation, any ideas, technical data and concepts, formula, pattern, program, method, technique, process, design, or hardware configuration information which derives independent economic value or commercial advantage, actual or potential, for not being generally known to the public or to the other persons who can obtain economic value from its disclosure or use and is subject to efforts that are reasonable under the circumstances to maintain its secrecy. The Company agrees that access to Confidential Information will be limited to those employees or other authorized representatives of the Customer who need to know such Confidential Information in connection with their work related to this Agreement. The Customer further agrees to inform such employees or authorized representatives of the confidential nature of Confidential Information and agrees to take all necessary steps to ensure that the terms of this Agreement are not violated by them.
(17) Support Ticket Service Requests: As a pre-existing client, you will have access to our support ticket system and can also open/reply to tickets by emailing firstname.lastname@example.org. By opening a ticket to request assistance, service, or ask consulting questions, you are authorizing our support team to assist you with those needs. If those needs are outside of your contracted services or one time management requests, you may be requesting per-incident server management time, which is billed to your account at the rate of $25 per 15 minutes of work performed given the work is done during business hours.
(18) Server Management Refund Policy: Refunds for contracted managed services, contracted managed services not yet rendered, and associated products are completely at the discretion of Dynamic Net Inc. If the situation is such that Dynamic Net, Inc. considers a refund of some form appropriate, fees (such as processing fees, services rendered, consulting, etc.) may be deducted from the total refund.