Legal | Policies | Agreements

Following are all our policies and service agreements. Please read everything in detail and contact us anytime if any doubts or concerns.

Last updated: March 31, 2021

The usage of services and products provided by ServerHealers Solutions LLP (hereafter referred to as “ServerHealers”) is subject to the following Terms and Conditions. ( hereafter referred to as “TOS”)

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. By using the ServerHealers Services and Products, you agree to these Terms of Service. If you do not accept any of these Terms, do not register for an Account, purchase, access, ( including website ) or use the ServerHealers Services and Products in any way.

This page lays out the core of our TOS, but we also have other contractual documents that you can think of as additional terms for specific topics. Legally speaking, these other documents are incorporated by reference as if they were written here and form part of the overall TOS. Therefore, you should also review these other documents, which can be found at the links below:

Party Definitions and Terms – The operative parties referred to in this Agreement are defined as follows:

ServerHealers is the publisher and operator of serverhealers.com (the “Site”) whereby ServerHealers provides server management services, managed cloud services, web hosting support and staffing solutions, DevOps services and WordPress management (collectively, the “Services”). For purposes of this Agreement, when “Site” or “Services” are referenced, such reference includes all resources necessary to provide said Site and/or Service.

When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to ServerHealers. Additionally, when the terms “the Site” or “Site” are used, these terms refer to any site published by Us, unless a site is specifically exempt from this policy.
You, the Client – As Our Client and the user of the Site or Services, this Agreement will refer to You through any second-person pronouns, such as “Your,” “Yours,” etc.

1. Updates to the Terms

1.1 We reserve the right to make changes to these Terms at any time at our sole discretion. If we make changes to these Terms, we will notify such changes by revising the date at the top of these Terms. Your continued use of our Services following notification of changes will constitute your acceptance of such changes. Please periodically review these Terms and check for any updates.

1.2 Should You wish to terminate this Agreement due to any revisions made by Us, You must do so in writing via the cancellation form within thirty (30) days of the “last modified” date described above. Your continued use of the Services after the effective date of any such notice constitutes Your acceptance of such changes.

2. Eligibility & Account Registration

2.1 To access and use the Services, you are required to register an account with ServerHealers (the “Account”) and select a Service plan or purchase a product. You must be at least eighteen (18) years of age, or any higher minimum age in the jurisdiction you reside, to register an Account or access or use the Services.

2.2 If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.

2.3 You agree to provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”). Maintain the confidentiality of your password and other information related to the security of your account. Maintain and promptly update the Registration Data and any other information you provide to ServerHealers, to keep such information accurate, current and complete; and be fully responsible for all use of your account and for any actions that take place through your account.

2.4 If there is a dispute about an Account’s ownership, we reserve the right to investigate and determine ownership based on our reasonable judgment.

2.5 You are required to provide all necessary information for us to start delivering the Servies. Failure to do so will result in a delay in Service delivery, and We shall only be obligated to provide the Service once You provide all the necessary information.

2.6 In our sole discretion, we may refuse to provide or continue providing the Websites and Services to any person or entity and change eligibility criteria at any time, including if you fail to comply with the TOS. We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to the Websites and Services at any time at our sole discretion.

2.7 More conditions and details are mentioned in the corresponding plan pages, and it is your responsibility to read everything mentioned on the plan pages. You hereby agree that you read, understood and agree with everything mentioned on the corresponding plan pages before purchasing the plan and opening an account.

3. Proprietary Rights

3.1 ServerHealers and its suppliers and/or licensors own the Software, the Services and any underlying infrastructure, including, without limitation, (a) ServerHealers logos, ServerHealers domain names, the product and service names associated with the Services, and other trademarks and service marks, (b) certain audio and visual information, documents, software and other works of authorship, (c) other technology, software, hardware, products, processes, algorithms, user interfaces, know-how and other trade secrets, techniques, designs, inventions, data, images, text, content, APIs, tools and other tangible or intangible technical material or information provided in conjunction with the Services and (d) any and all updates, enhancements, bug fixes, patches or any similar changes that may be made generally commercially available to customers of the Services from time to time. Client acknowledges and agrees that (i) the Services, the Software and the Documentation are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (ii) ServerHealers and its suppliers and/or licensors retain all right, title and interest (including, without limitation, all patent, copyright, trade secret and other intellectual property rights) in and to the Services, the Software, the Documentation, any other deliverables, any and all related and underlying technology and any derivative works or modifications of any of the foregoing, including, without limitation, as may incorporate suggestions from Client, (iii) there are no implied licenses under this Agreement and any rights not expressly set forth in this Agreement are hereby expressly reserved by ServerHealers, (iv) the Services and the Software is licensed, not sold and Client acquires no ownership or other interest (other than the license rights expressly stated herein) in or to the Software, the Services, the underlying infrastructure and the Documentation and (v) the Services are offered as an on-line, hosted solution, and that Client has no right to obtain a copy of the Services or Materials.

3.2 Suppose you choose to provide feedback regarding the Services and Website or Products. In that case, you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the feedback in any manner and for any purpose, including to improve the Services, Websites and Products.

4. Server Management and Managed Cloud Plans

4.1 For the server management plans and managed cloud plans, you must have a valid and genuine control panel license ( if applicable ) or provide a valid and genuine control panel license key if you want us to install the control panel to register and avail of our services. We do not provide support or Services and do not register for an account if your control panel license is not genuine or if the license is cracked ( illegal or unauthorized ) or modified without the original vendor approval. ( in that case, we’ll also require proof or such approval to avail our Services. )

4.2 These plans don’t include designing, development and coding support and assistance.

4.3 We can install third-party applications for you, but the application must be fully supported by the control panel or your platform that we are installing. If it is unsupported and reported or known to have compatibility issues with your control panel or platform that we are installing, and if you still want to install it, you agree to take full responsibility for any issues related to that.

4.4 Once you purchase a server management plan or managed cloud plan,( if applicable. ) you are not allowed to change the primary IP address of the servers and also, not allowed to reinstall the server operating system. If you want to do that, you will have to cancel the existing plan and order a new one.

5. Web Hosting Support Plans

5.1 Free trial only applies to first-time customers. We may refuse to provide or provide the free trial or reduce or extend the trial period based on reasons, including staff availability and work inflow at our sole discretion.

5.2 If you are a customer with our “Dedicated Staff Plan”, You may provide Us an access server ( A server with shell or RDP access. We will be accessing your customer and client accounts from this server for troubleshooting and providing assistance/support. ) It is not a must and an option for you. If we access your customer and client accounts from our servers, it will show the hostname and IP details in their access log. With this information, there is a slight chance they will know you are outsourcing support. So, you only need to consider if that is something that concerns you. ( Only applicable for Dedicated Staff plans. This option is not available for 24×7 Shared Support Plan. )

5.3 It is Your responsibility to whitelist all our server IP addresses ( We will provide the list ) in your servers and support systems. Failure to do so, then you agree to take full responsibility for any support outages because of this.

5.4 These plans don’t include designing, development and coding support and assistance. Unless you are hiring a developer, designer, or any of the purpose mentioned above, and you discussed and got our approval in initial discussions and communications.

5.5 You agree to provide a 60 days notice if you, for any reason, want to cancel our “Dedicated Staffing” Plans.

6. WordPress Management Plan

6.1 A valid WordPress user account with full administrative privileges is required to provide the WordPress management service. It is Your responsibility to whitelist all our server IP addresses ( We will provide the list ) in your servers and security systems ( if any ). We also need to install a few WordPress plugins, and more details about the plugins are available on the plan page. Failure to do any of these, then you agree to take full responsibility for any support and service outages because of this.

6.2 This plan doesn’t include designing, development and coding support and assistance.

7. Non-Competition

7.1 You agree that without the prior written consent of Us, You will not directly or indirectly solicit for employment any person employed by Us or connected with Our business’s operation. You agree that you will not discuss any matters concerning Us, about any internal tools, systems, automation or services that we are using with our employees working for you. You also agree that you will not discuss employment agreement or contract matters, anything related to their salary structure and details, leave structure and policies, details of previous company or clients they worked on. Further, you understand that all of Our employees have contractual obligations that prohibit them from entering into an employment relationship with our current and previous clients and customers and also businesses that, at our sole discretion, are determined to be competitors.

8. Promotional Offers

8.1 From time to time, we may offer special promotional offers or plans (“Offers”). We determine offer eligibility at Our sole discretion, and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members with an existing plan or service may not be eligible for certain introductory Offers.

9. Electronic Communications

9.1 We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password, confirmation messages, notices) in electronic form only, for example: via emails to your email address provided during registration.

10. Discontinued Services and Products

10.1 We reserve the right to cease offering or providing any of the Services or Products at any time, for any or no reason. In the event that we decide to discontinue a Service or Product, we will attempt to notify you in advance of the discontinuation date.

11. Indemnification

11.1 You agree to protect, defend, indemnify and hold harmless ServerHealers and its officers, directors, employees, and agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by ServerHealers directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary rights. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

12. Force Majeure

12.1 Neither of us will be in breach of the Agreement if the failure to perform the obligation is due to an event beyond our control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organised labour action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.

13. Disclaimers; Limitation of Liability;

13.1 DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE SERVICES AND ACCESS TO THE SITE IS AT YOUR OWN RISK. THE SERVICES INCLUDING THE SITE, THE CONTENT, THE SERVICES, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SERVERHEALERS DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NON-INFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FULLY SECURE. SERVERHEALERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND SERVERHEALERS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY SERVERHEALERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

13.2 LIMITATION OF LIABILITY

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY CAUSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN AN ACTION BASED ON A CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, HOWEVER ARISING, FOR ANY DAMAGES BASED ON USE OR ACCESS, INTERRUPTION, DELAY OR INABILITY TO USE THE SERVICE, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE OR A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND, IN SUCH JURISDICTIONS, SERVERHEALERS LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE MONTH AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL SERVERHEALERS TOTAL AGGREGATE LIABILITY EXCEED AMOUNT GREATER THAN THE FEES PAID BY YOU TO SERVERHEALERS DURING ONE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY.

13.3 Testimonials and Reviews Disclaimer

The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users and may not necessarily represent all users of our products and/or services. We do not claim, and you should not assume that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

The testimonials on the Site are submitted in various forms and are reviewed by Us before being posted on our Site. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity, where the full testimonial contained extraneous information not relevant to the general public.

13.4 External links disclaimer

The Site may contain (or you may be sent through the Site links to other websites. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

14. Illegal or Abusive Activity or Content

Do not use the Services if your server or services or products are part of or using for unlawful or abusive activities or purpose. Prohibited activities include:

14.1 If you engage in, further, promote, or encourage illegal conduct or activities, including the dissemination of content that has been determined by a court of competent jurisdiction to be unlawful.

14.2 Engaging in activities that is deceptive or harmful to others, or that would harm ServerHealers operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming), deceptively impersonating another person or entity, or engaging in other fraudulent or misleading practices.

14.3 Using the Services if your server or services or products violates, infringes on or misappropriates the intellectual property or proprietary rights of any third party, including without limitation any rights in or to copyright, patent, trademark, trade secret, privacy or publicity, and publishing content intended to assist others in unlawfully circumventing technical measures intended to protect any such rights.

14.4 Disseminating child pornography or depictions of nudity or sexual activity obtained or disseminated without the consent of those depicted.

14.5 Content that incites or threatens violence against any person, promotes terrorism, is intended to harass, abuse or invade the privacy of any individual, creates a risk to the physical safety or health of any individual or to public safety or health, or that threatens or encourages harm on the basis of race, ethnicity, national origin, religion, caste, sexual orientation, sex, gender, gender identity, serious disease or disability, or immigration status.

14.6 Unlawfully selling or distributing controlled substances, including but not limited to any illegal or prescription drugs.

15. Customer Abuse

15.1 We take all incidents of aggressive, violent or abusive treatment against our staff very seriously. We recognize that our employees have the right to a safe and respectful work environment. In our interactions with you, we will strive to ensure that you are treated with fairness, integrity, and respect. We also expect the same in return. So, any violent, abusive, or aggressive behaviour will not be tolerated.

15.2 Please read and take note of the occasional types of behaviour that are unacceptable:

- using bad language or swearing at staff
- verbal abuse towards the staff in any form, including verbally insulting staff
- racist and sexist comments
- persistent or unrealistic demands that cause stress to staff

15.3 This policy extends to any interaction with a staff member, whether in-person, phone, live chat, letter, e-mail, or through our website.

15.4 A breach of these conditions will constitute grounds for the Us to decline or discontinue services without any refund.

16. Compliance with Local Laws

16.1 We make no representation or warranty that the content available on this Site or the Services and Products found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services and Products found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services and Products found at this Site are responsible for compliance with all local laws, rules and regulations.

17. Governing Law and Jurisdiction

17.1 The relationship between You and ServerHealers shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, You agree that (i) ServerHealers has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by You shall be exclusively before courts at the state of Kerala, India.

18. Severability

18.1 Suppose any provision of these Terms and Conditions is held invalid, void, or unenforceable. In that case, that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.

19. Survival

19.1 You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, any license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms and Conditions.

20. Entire Agreement

20.1 These Terms and Conditions and Policies constitute the entire agreement between You and ServerHealers governing Your use of the Services, superseding any prior agreements between You and ServerHealers regarding such use. Further, Your acceptance of these Terms constitutes a valid and binding agreement between You and ServerHealers. Should these Terms require to be stamped under any applicable stamp duty laws, You should bear such stamp duty payable and comply with relevant stamping obligations.

Last updated: March 31, 2021

YOUR PRIVACY RIGHTS

At ServerHealers Solutions LLP (“ServerHealers”, “we”, “us”, and “our”), privacy commitments are fundamental to the way we run our business. Unless otherwise noted or governed by law, these commitments apply to everyone who has a relationship with us – including customers, partners, and website visitors. ServerHealers is committed to providing you with the best overall experience in all of our products and services. We strive to strike the right balance between using your data to ensure those experiences’ quality and protecting your privacy. We have assessed all aspects of our business and optimized the amount of data we collect to find just the right balance between data sharing and service.

1. Scope and Consent

This Privacy Notice explains the different ways that we collect, use, and share personal information of:

- employees, job applicants, visitors, and users of our site;
- prospective and current customers using ServerHealers services and support (the “Services”);
- service providers and business partners; and
- other individuals with whom we interact.

From time to time, we may send you other information about our data collection, use and sharing practices. These additional notices may supplement this Privacy Notice; provide you with further options related to how we process your data; or clarify our privacy practices as described in the notice. When we make material changes to this Privacy Notice, we will notify such changes by revising the date at the top of this page. Please review this Privacy Notice regularly to be informed of how ServerHealers is collecting and protecting your Personal Information.

2. What Personal Information We Collect and How We Collect It

2.1 Definition of personal information.

“Personal Information” or “personal data” means any information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular, by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity.

2.2 Information we collect automatically.

When you visit our site, email us, chat with us, we collect information sent to us by your computer, mobile phone, or other access devices, some of which may be deemed Personal Information. The information sent to us may include but is not limited to the following: information about the pages you access, computer IP address, device ID or unique identifier, device type, geo-location information, computer and connection information, mobile network information, statistics on page views, traffic to and from the sites, referral URL, ad information, and standard web log Information and other information. We may also collect anonymous information through our use of cookies and web beacons. Please click here to view our Cookies policy page, and there you can also view additional information about our use of cookies and other similar tracking technologies.

2.3 Information you provide to us.

We may collect Personal Information, such as your name, address, phone, email, payment information (such as credit or debit card number) and other information that you enter directly onto or in connection with our site. Generally, Personal Information is requested when: (i) ServerHealers customers log into the site for products and services and (ii) when visitors to our site request certain information about ServerHealers products and services. If you fail to provide the requested Personal Information, you may not be able to access all or portions of the site or purchase products and services.

2.4 Information we receive from other sources.

We work closely with third parties (for example, business partners, service providers, sub-contractors, advertising networks, analytics providers, social media platforms, event organizers or fraud protection services ) and may receive information about you from them. Examples of the information we may receive from the other sources include: account information, name, address, telephone number, job role, office location, publicly available employment profile, approximate location (based on reverse IP lookup), service and support information, product or service preferences, browsing habits, or other publicly available information. We may use this information in conjunction with your contact details, transaction history, and professional information for the reasons outlined in this Privacy Notice including, but not limited to, providing relevant marketing or support, better understanding you and your preferences, and detecting or preventing fraud.

2.5 Co-branding.

ServerHealers website may offer links to other sites. If you visit one of these sites, you should review the privacy policy on that site. In addition, you may have visited our website through a link or a banner advertisement on another site. In such cases, the site you linked from may collect information from people who click on the banner or link. You may want to refer to the privacy policies on those sites to see how they collect and use this information.

2.6 Social media platforms or other forums.

We may receive certain information that’s stored or processed by third parties, such as the social media sites Facebook®, Twitter® and LinkedIn® when you interact with us through these social media platforms. ServerHealers websites may include: social media features such as the Facebook “Like” button, and widgets such as the “share this” button. These features may collect your IP address as well as details of the pages you are visiting on ServerHealers websites. Social media features and widgets are either hosted by a third party or hosted by ServerHealers websites. Each social media platform may have its own privacy notices that specifically govern its use of social media features. ServerHealers websites may also feature blogs, KB or forums. Any Personal Information that you choose to submit via such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages.

2.7 Other methods of collection.

We may also collect Personal Information from or about you in other ways, such as through your contact with our HR or customer support teams, your results when you respond to a survey and your interactions with members of the ServerHealers group companies.

2.8 End-user collection and processing.

In some cases, ServerHealers administers the site or servers on behalf of our customers, and in these circumstances, we have no direct relationship with the individuals about, for, or from whom Personal Information is collected. If you are a customer or end-user of a ServerHealers customer (for example, you are an end-user of our customer’s product or service) and you have questions or complaints about how your Personal Information is processed, please contact our customer directly. You understand that your use of the site or server or services may be subject to our customer’s terms and policies and that ServerHealers is not a party to such agreements.

2.9 Collection of information from children.

We do not knowingly collect Personal Information from children under the age of eighteen (18). ServerHealers does not target the Site toward children. We encourage parents and guardians to monitor children’s online activities and ask them not to submit any personal information. Adults who interact with ServerHealers should further take care that they do not provide any information about children.

3. How We Use the Personal Information We Collect; Purposes and Legal Bases for Processing

Our primary purpose for collecting and processing Personal Information is to provide you with a secure, smooth, and efficient visitor and customer experience. We may also use your Personal Information to:

Purpose	Legal Basis
Processing data in accordance with our contractual or employment relationship	1) Necessary for the performance of a contract or similar arrangement to which you are a party; and 2) Managing the employment relationship
Operating this site	1) Performance of the agreement between us and you; and 2) Legitimate interest, more specifically, our economic interest in offering you products and services
Providing support or carrying out the service(s) you have requested or authorized	Performance of the agreement between you and ServerHealers
Troubleshooting your issue and providing you with more effective customer service	Performance of the agreement between you and ServerHealers
Distributing alerts concerning product upgrades, special offers, white papers, upcoming events, and webinars, updated information about existing and new products and services from ServerHealers or our partners and to measure the effectiveness of these communications	1) Explicit consent; 2) Performance of the agreement between you and ServerHealers; and 3) Legitimate interest, more specifically, our economic interest in making you personalized offers
Processing payments for products or services you purchased	Performance of the agreement between you and ServerHealers
Operating and managing our business operations	1) Performance of the agreement between you and ServerHealers; and 2) Legitimate interest in ensuring the proper functioning of our business operations
For such other purposes as required or permitted by law	Compliance with legal obligations

4. How We Share Personal Information with Third Parties

ServerHealers partners with other companies to provide services on its behalf. Examples include partners or vendors who provide hosting, data analysis and insight, and those that assist with financial transactions. Personal Information may be shared with these companies; however, we will only share your Personal Information to accomplish the purposes for which we collected the Personal Information. These third parties are contractually required to maintain the confidentiality of your Personal Information and are contractually prohibited from using that information for any purpose not defined in the contract.

We may also share your information as follows:

- with your consent;
- when we believe in good faith that disclosure is necessary to protect our rights or property;
- when necessary to protect the vital interests of any person;
- to investigate fraud or respond to a government, judicial or other legal requests;
- with ServerHealers group entities;
- to comply with the law; and
- in connection with a corporate change, such as an acquisition or merger (the buyer will be informed that the information may only be used in accordance with this Privacy Notice).

5. How We Protect and Store Personal Information

We endeavour to protect the security of your Personal Information. ServerHealers has implemented appropriate administrative, technical, and physical safeguards designed to prevent unauthorized access, use or disclosure. For example, we store the Personal Information you provide on computer servers with limited access. We will retain Personal Information collected from you where we have a justifiable business need to do so and for as long as is needed to fulfill the purposes outlined in this Privacy Notice, unless a longer retention period is required or permitted by law (such as legal, tax or accounting reasons).

6. How We Use Tracking Technologies

ServerHealers and its partners use cookies or similar technologies to expedite the user login process, remember user experience settings, analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service. For more information, please see our Cookies Notice available by clicking here. We may partner with a third party to display advertising on our website or to manage our advertising on other sites. Our third party partner may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests. If you wish to learn more about opting out of interest-based advertising, please click here or if located in the European Union, please click here. Please note you may continue to receive generic ads.

7. Do-Not-Track (DNT)

DNT is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. We do not currently respond to DNT signals. Therefore, please be advised that third party web analytics companies may collect information about your online activities over time and across our website and other online properties.

8. How You Can Opt-Out of Marketing Communications

We may contact you to alert you of upcoming events, webinars, white papers and promotional campaigns relating to our products and services. If we determine that your explicit consent is needed to send marketing communications, we will obtain that consent before or at the time of Personal Information collection. ServerHealers honours your choices. You can choose whether you wish to receive promotional emails from us using the opt-out methods available in our customer control panel. For this, login to the customer control panel, go to Account >> My Details >> check or uncheck “Join our mailing list”. You may also submit a request by sending an email to support@serverhealers.com. Please note that you may not be able to unsubscribe from service-related messages.

9. How You Can Access or Change Your Personal Information

You may contact us at any time to inquire about the Personal Information we collect about you. Depending on the site you use, you may access, correct, or request deletion of your Personal Information by logging in to your account, or you may also send a request to support@serverhealers.com. We will respond to your request within a reasonable timeframe. In the event ServerHealers processes information about you on behalf of one of our customers, please direct your privacy inquiries and requests for access, correction or deletion of Personal Information to the customer. If a customer requests that we remove information, we will respond within a reasonable timeframe. We may need to retain your information for a period of time in order to continue providing a service to you, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, prevent fraud, enforce our customer or user agreement, or take other actions as required or permitted by law.

10. What Additional Privacy Rights Are Available in Certain Locations

In addition to the rights described elsewhere in this Privacy Notice, you may have additional Personal Information protection rights pursuant to applicable information protection legislation in your state, country, or region. These rights may include but are not limited to the right to erasure, the right to information portability, the right to withdraw consent for processing, the right to object to or restrict the processing of your Personal Information, and the right to lodge a complaint with the supervisory/regulatory authority in the state, country, or region where you reside.

11. How We Transfer Personal Information Across Borders

You acknowledge (a) that you are providing Personal Information to a company operating in India and (b) that ServerHealers must adhere to India’s laws. You agree that Personal Information collected on our site may be stored and processed in India or any other country in which ServerHealers, its affiliates, partners, service providers, or agents maintain facilities while in such jurisdictions may be subject to access according to the laws of those jurisdictions. Each of these countries has different privacy laws that afford varying levels of protection for your Personal Information, and such laws may be less stringent or may not be as comprehensive as those laws that exist in your country.

ServerHealers will protect your Personal Information in accordance with this Privacy Notice wherever it is processed and will take appropriate contractual and other steps to protect the relevant Personal Information in accordance with applicable law.

12. EU General Data Protection Regulation (GDPR)

The processing of your data is either based on your consent or in case the processing is necessary for the performance of a contract to which you are a party, or in order to take steps at your request prior to entering into a contract, cf. GDPR art. 6(1)(a)-(b).

If the processing is based on your consent, you may at any time withdraw your consent by contacting us.

In order to enter into a contract regarding the purchase of our Product or Service, you must provide us with the required personal data. If you do not wish to provide us with all the required information, it will not be possible to deliver the Service.

13. California Online Privacy Protection Act Compliance

Because ServerHealers values your privacy, we have taken the necessary precautions to comply with the California Online Privacy Protection Act. We, therefore, will not distribute any personal information to outside parties without your consent except, as stated in clause 4.

As part of the California Online Privacy Protection Act, all users of our website may make any changes to their information by logging in to your account, or you can also send a request to support@serverhealers.com

14. How You Can Contact Us about Privacy

Customers may contact ServerHealers with any questions, concern, or inquiries about this Privacy Policy or company data. If you would like to make a formal complaint, please contact support@serverhealers.com

Last updated: March 31, 2021

This ServerHealers Data Processing Agreement and its Annexes (“DPA”) reflects the parties agreement concerning the Processing of Personal Data by us on behalf of you in connection with using the ServerHealers Products and Services under the ServerHealers Terms of Service between you and us (also referred to in this DPA as the “Agreement”).

This DPA is supplemental to, and forms an integral part of, the Agreement and is effective upon its incorporation into the Agreement, which may be specified in the Agreement, an Order or an executed amendment to the Agreement. In case of any conflict or inconsistency with the terms of the Agreement, this DPA will take precedence over the terms of the Agreement to the extent of such conflict or inconsistency.

We reserve the right to make changes to these Terms at any time at our sole discretion. If we make changes to these Terms, we will notify such changes by revising the date at the top of these Terms. Your continued use of our Services following notification of changes will constitute your acceptance of such changes. Please periodically review these Terms and check for any updates.

The term of this DPA will follow the term of the Agreement. Terms not otherwise defined in this DPA will have the meaning as outlined in the Agreement.

1. Definitions

“AAP” means Australia’s Privacy Principles (Australia).

“Argentina Personal Information” means Personal Data that is subject to the protection of the PDPA Argentina.

“Australia Personal Information” means Personal Data that is subject to the protection of the AAP.

“APPI” means Act on the Protection of Personal Information (Japan).

“Bahrain Personal Information” means Personal Data that is subject to the protection of the PDPL.

“Brazil Personal Information” means Personal Data that is subject to the protection of the LGPD.

“California Personal Information” means Personal Data that is subject to the protection of the CCPA.

“CCPA” means California Civil Code Sec. 1798.100 et seq. (also known as the California Consumer Privacy Act of 2018).

“Consumer”, “Business”, “Sell”, and “Service Provider” will have the meanings given to them in the CCPA.

“Controller” means the natural or legal person, public authority, agency, or other body that determines the purposes and means of Personal Data Processing alone or jointly with others.

“Data Protection Laws” means all applicable worldwide legislation relating to data protection and privacy which applies to the respective party in the role of Processing Personal Data in question under the Agreement, including without limitation European Data Protection Laws, the CCPA and the data protection and privacy laws of Australia and Singapore; in each case, as amended, repealed, consolidated or replaced from time to time.

“Data Subject” means the individual to whom Personal Data relates.

“Europe” means the European Union, the European Economic Area and/or their member states, Switzerland and the United Kingdom.

“European Data” means Personal Data that is subject to the protection of European Data Protection Laws.

“European Data Protection Laws” means data protection laws applicable in Europe, including (i) Regulation 2016/679 of the European Parliament and the Council on the protection of natural persons about the processing of personal data and on the free movement of such data (General Data Protection Regulation) (“GDPR”); (ii) Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector; and (iii) applicable national implementations of (i) and (ii); or (iii) in respect of the United Kingdom, any applicable national legislation that replaces or converts in domestic law the GDPR or any other law relating to data and privacy as a consequence of the United Kingdom leaving the European Union; and (iv) Swiss Federal Data Protection Act on 19 June 1992 and its Ordinance; in each case, as may be amended, superseded or replaced.

“Indian Personal Information” means Personal Data that is subject to the protection of the PDP Bill 2019.

“Instructions” means the written, documented instructions issued by a Controller to a Processor, and directing the same to perform a specific or general action concerning Personal Data (including, but not limited to, depersonalising, blocking, deletion, making available).

“Japan Personal Information” means Personal Data that is subject to the protection of the APPI.

“LGPD” means The Brazilian General Data Protection Law (Brazil).

“Malaysia Personal Information” means Personal Data that is subject to the protection of the PDPA Malaysia.

“PDPA Argentina” means Personal Data Protection Act (Argentina).

“PDPA Malaysia” means Personal Data Protection Act (Malaysia).

“PDP Bill 2019” means The Personal Data Protection Bill 2019. ( India )

“PDPL” means Personal Data Protection Law (Bahrain).

“Permitted Affiliates” means any of your Affiliates that (i) are permitted to use our Products and Services pursuant to the Agreement, but have not signed their own separate agreement with us and are not a “Customer” as defined under the Agreement, (ii) qualify as a Controller of Personal Data Processed by us, and (iii) are subject to European Data Protection Laws.

“Personal Data” means any information relating to an identified or identifiable individual where such information is contained within Customer Data and is protected similarly as personal data, personal information or personally identifiable information under applicable Data Protection Laws.

“Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed by us and/or our Sub-Processors in connection with the provision of the Subscription Services. “Personal Data Breach” will not include unsuccessful attempts or activities that do not compromise the security of Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.

“PIPEDA” means The Personal Information Protection and Electronic Documents Act (Canada).

“Privacy Shield” means the EU-U.S. and Swiss-US Privacy Shield self-certification program operated by the U.S. Department of Commerce and approved by the European Commission pursuant to its Decision of July, 12 2016 and by the Swiss Federal Council on January 11, 2017 respectively; as may be amended, superseded or replaced.

“Privacy Shield Principles” means the Privacy Shield Principles (as supplemented by the Supplemental Principles) contained in Annex II to the European Commission Decision of July, 12 2016; as may be amended, superseded or replaced.

“Processing” means any operation or set of operations which is performed on Personal Data, encompassing the collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction or erasure of Personal Data. The terms “Process”, “Processes” and “Processed” will be construed accordingly.

“Processor” means a natural or legal person, public authority, agency or other body which Processes Personal Data on behalf of the Controller.

“Sub-Processor” means any Processor engaged by us or our Affiliates to assist in fulfilling our obligations with respect to the provision of the Subscription Services under the Agreement. Sub-Processors may include third parties or our Affiliates but will exclude any ServerHealers employee or consultant.

2. Customer Responsibilities

a. Compliance with Laws.

Within the scope of the Agreement and its use of the services, you will be responsible for complying with all requirements that apply to it under applicable Data Protection Laws with respect to its Processing of Personal Data and the Instructions it issues to us.

In particular but without prejudice to the generality of the foregoing, you acknowledge and agree that you will be solely responsible for: (i) the accuracy, quality, and legality of Customer Data and the means by which you acquired Personal Data; (ii) complying with all necessary transparency and lawfulness requirements under applicable Data Protection Laws for the collection and use of the Personal Data, including obtaining any necessary consents and authorisations (particularly for use by Customer for marketing purposes); (iii) ensuring you have the right to transfer, or provide access to, the Personal Data to us for Processing in accordance with the terms of the Agreement (including this DPA); (iv) ensuring that your Instructions to us regarding the Processing of Personal Data comply with applicable laws, including Data Protection Laws; and (v) complying with all laws (including Data Protection Laws) applicable to any emails, chats or other content created, sent or managed through our Products or Services, including those relating to obtaining consents (where required) to send emails, the content of the emails and its email deployment practices. You will inform us without undue delay if it is not able to comply with its responsibilities under this sub-section (a) or applicable Data Protection Laws.

b. Controller Instructions.

The parties agree that the Agreement (including this DPA), together with your use of our Products and Services in accordance with the Agreement, constitutes your complete and final Instructions to us in relation to the Processing of Personal Data, and additional instructions outside the scope of the Instructions shall require a prior written agreement between you and us.

3. ServerHealers Obligations

a. Compliance with Instructions.

We will only Process Personal Data for the purposes described in this DPA or as otherwise agreed within the scope of your lawful Instructions, except where and to the extent otherwise required by applicable law. We are not responsible for compliance with any Data Protection Laws applicable to you or your industry that are not generally applicable to us.

b. Conflict of Laws.

If we become aware that we cannot Process Personal Data in accordance with your Instructions due to a legal requirement under any applicable law, we will (i) promptly notify you of that legal requirement to the extent permitted by the applicable law; and (ii) where necessary, cease all Processing (other than merely storing and maintaining the security of the affected Personal Data) until such time as you issue new Instructions with which we are able to comply. If this provision is invoked, we will not be liable to you under the Agreement for any failure to perform the applicable Subscription Services until such time as you issue new lawful Instructions with regard to the Processing.

c. Security.

We will implement and maintain appropriate technical and organisational measures to protect Personal Data from Personal Data Breaches, as described under Annex 2 to this DPA (“Security Measures”). Notwithstanding any provision to the contrary, we may modify or update the Security Measures at our discretion, provided that such modification or update does not result in a material degradation in the protection offered by the Security Measures.

d. Confidentiality.

We will ensure that any person we authorise to Process Personal Data on our behalf is subject to appropriate confidentiality obligations (whether a contractual or statutory duty) with respect to that Personal Data.

e. Personal Data Breaches.

We will notify you without undue delay after it becomes aware of any Personal Data Breach and will provide timely information relating to the Personal Data Breach as it becomes known or reasonably requested by you. At your request, we will promptly provide you with such reasonable assistance as necessary to enable you to notify relevant Personal Data Breaches to competent authorities and/or affected Data Subjects, if you are required to do so under Data Protection Laws.

f. Deletion or Return of Personal Data.

We will delete or return all Customer Data, including Personal Data (including copies thereof) Processed pursuant to this DPA, on termination or expiration of your Services or Products with us in accordance with the procedures and timeframes set out in the Agreement, save that this requirement shall not apply to the extent we are required by the applicable law to retain some or all of the Customer Data, or to Customer Data it has archived on back-up systems, which data we will securely isolate and protect from any further Processing and delete in accordance with its deletion practices. You may request the deletion of your ServerHealers account after the expiration or termination of your Products or Services with us by sending an email request to our support department. You may retrieve your Customer Data from your account in accordance with our ‘Retrieval of Customer Data’ sections throughout our Product Specific Terms.

4. Data Subject Requests

Our customer control panel provides you with a number of controls that you can use to retrieve, correct, delete or restrict Personal Data, which you can use to assist it in connection with its obligations under Data Protection Laws, including your obligations relating to responding to requests from Data Subjects to exercise their rights under applicable Data Protection Laws (“Data Subject Requests”).

To the extent that you are unable to independently address a Data Subject Request through our customer control panel, then upon your written request, we will provide reasonable assistance to you to respond to any Data Subject Requests or requests from data protection authorities relating to the Processing of Personal Data under the Agreement.

If a Data Subject Request or other communication regarding the Processing of Personal Data under the Agreement is made directly to us, we will promptly inform you and will advise the Data Subject to submit their request to you. You will be solely responsible for responding substantively to any such Data Subject Requests or communications involving Personal Data.

5. Sub-Processors

You agree that we may engage Sub-Processors to Process Personal Data on your behalf. We have currently appointed, as Sub-Processors, the ServerHealers Affiliates and third parties listed in Annex 3 to this DPA.

Where we engage Sub-Processors, we will impose data protection terms on the Sub-Processors that provide at least the same level of protection for Personal Data as those in this DPA (including, where appropriate, the Standard Contractual Clauses), to the extent applicable to the nature of the services provided by such Sub-Processors. We will remain responsible for each Sub-Processor’s compliance with this DPA’s obligations and for any acts or omissions of such Sub-Processor that cause us to breach any of its obligations under this DPA.

6. Data Transfers

You acknowledge and agree that we may access and Process Personal Data on a global basis as necessary to provide our Products and Services in accordance with the Agreement, and in particular that Personal Data will be transferred to and Processed by ServerHealers in India and to other jurisdictions where ServerHealers Affiliates and Sub-Processors have operations. We will ensure such transfers are made in compliance with the requirements of Data Protection Laws.

7. Additional Provisions for European Data

a. Scope of Section 7.

This ‘Additional Provisions for European Data’ section shall apply only with respect to European Data.

b. Roles of the Parties.

When Processing European Data in accordance with your Instructions, the parties acknowledge and agree that you are the Controller of European Data and we are the Processor.

c. Instructions.

If we believe that your Instruction infringes European Data Protection Laws (where applicable), we will inform you without delay.

d. Notification and Objection to New Sub-Processors.

If we make changes to Sub-processors by updating Annex 3 to this DPA, we will notify such changes by revising the date at the top of these Terms. Please periodically review these Terms and check for any updates.

We will give you the opportunity to object to the engagement of the new Sub-Processor on reasonable grounds relating to the protection of Personal Data within 30 days after updating Annex 3 to this DPA. If you notify us of such an objection, the parties will discuss your concerns in good faith to achieve a commercially reasonable resolution. If no such resolution can be reached, we will, at our sole discretion, either not appoint the new Sub-Processor, or permit you to suspend or terminate the affected Subscription Service in accordance with the termination provisions of the Agreement without liability to either party (but without prejudice to any fees incurred by you prior to suspension or termination).

e. Transfer Mechanisms for Data Transfers.

(A) ServerHealers shall not transfer European Data to any country or recipient not recognized as providing an adequate level of protection for Personal Data (within the meaning of applicable European Data Protection Laws), unless it first takes all such measures as are necessary to ensure the transfer is in compliance with applicable European Data Protection Laws. Such measures may include (without limitation) transferring such data to a recipient that is covered by a suitable framework or other legally adequate transfer mechanism recognized by the relevant authorities or courts as providing an adequate level of protection for Personal Data, to a recipient that has achieved binding corporate rules authorization in accordance with European Data Protection Laws, or to a recipient that has executed appropriate standard contractual clauses in each case as adopted or approved in accordance with applicable European Data Protection Laws.

(B) You acknowledge that in connection with the performance of our Services and Products, ServerHealers is a recipient of European Data in India. The parties acknowledge and agree to the following:

- - (a) Standard Contractual Clauses: ServerHealers agrees to abide by and process European Data in compliance with the Standard Contractual Clauses.
  - (b) Privacy Shield: Although ServerHealers does not rely on the EU-US Privacy Shield as a legal basis for transfers of Personal Data in light of the judgment of the Court of Justice of the EU in Case C-311/18, for as long as ServerHealers is self-certified to the Privacy Shield, ServerHealers will process European Data in compliance with the Privacy Shield Principles and let you know if it is unable to comply with this requirement.

f. Demonstration of Compliance.

We will make all information reasonably necessary to demonstrate compliance with this DPA available to you and allow for and contribute to audits, including inspections by you in order to assess compliance with this DPA. You acknowledge and agree that you will exercise your audit rights under this DPA by instructing us to comply with the audit measures described in this sub-section (g). You acknowledge that tools and solutions required for our Services are hosted by our data center partners who maintain independently validated security programs. We regularly do all the necessary server audits, security scans, and tests to ensure that the data is safe and protected.

8. Additional Provisions for California Personal Information

a. Scope of Section 8.

The ‘Additional Provisions for California Personal Information’ section of the DPA will apply only with respect to California Personal Information.

b. Roles of the Parties.

When processing California Personal Information in accordance with your Instructions, the parties acknowledge and agree that you are a Business and we are a Service Provider for the purposes of the CCPA.

c. Responsibilities.

The parties agree that we will Process California Personal Information as a Service Provider strictly for the purpose of our Services under the Agreement or as otherwise permitted by the CCPA.

9. Additional Provisions for Canada Personal Information.

a. Scope of Section 9.

The ‘Additional Provisions for Canada Personal Information’ section of the DPA will apply only with respect to Canada Personal Information.

b. Roles of the Parties.

When processing Canada Personal Information in accordance with your Instructions, the parties acknowledge and agree that you are a Business and we are a Service Provider for the purposes of the PIPEDA.

c. Responsibilities.

The parties agree that we will Process Canada Personal Information as a Service Provider strictly for the purpose of our Services under the Agreement or as otherwise permitted by the PIPEDA.

10. Additional Provisions for Australia Personal Information.

a. Scope of Section 10.

The ‘Additional Provisions for Australia Personal Information’ section of the DPA will apply only with respect to Australia Personal Information.

b. Roles of the Parties.

When processing Australia Personal Information in accordance with your Instructions, the parties acknowledge and agree that you are a Business and we are a Service Provider for the purposes of the AAP.

c. Responsibilities.

The parties agree that we will Process Australia Personal Information as a Service Provider strictly for the purpose of our Services under the Agreement or as otherwise permitted by the AAP.

11. Additional Provisions for Brazilian Personal Information.

a. Scope of Section 11.

The ‘Additional Provisions for Brazilian Personal Information’ section of the DPA will apply only with respect to Brazilian Personal Information.

b. Roles of the Parties.

When processing Brazilian Personal Information in accordance with your Instructions, the parties acknowledge and agree that you are a Business and we are a Service Provider for the purposes of the LGPD.

c. Responsibilities.

The parties agree that we will Process Brazilian Personal Information as a Service Provider strictly for the purpose of our Services under the Agreement or as otherwise permitted by the LGPD.

12. Additional Provisions for Argentina Personal Information.

a. Scope of Section 12.

The ‘Additional Provisions for Argentina Personal Information’ section of the DPA will apply only with respect to Argentina Personal Information.

b. Roles of the Parties.

When processing Argentina Personal Information in accordance with your Instructions, the parties acknowledge and agree that you are a Business and we are a Service Provider for the purposes of the PDPA Argentina.

c. Responsibilities.

The parties agree that we will Process Argentina Personal Information as a Service Provider strictly for the purpose of our Services under the Agreement or as otherwise permitted by the PDPA Argentina.

13. Additional Provisions for Malaysia Personal Information.

a. Scope of Section 13.

The ‘Additional Provisions for Malaysia Personal Information’ section of the DPA will apply only with respect to Malaysia Personal Information.

b. Roles of the Parties.

When processing Malaysia Personal Information in accordance with your Instructions, the parties acknowledge and agree that you are a Business and we are a Service Provider for the purposes of the PDPA Malaysia.

c. Responsibilities.

The parties agree that we will Process Malaysia Personal Information as a Service Provider strictly for the purpose of our Services under the Agreement or as otherwise permitted by the PDPA Malaysia.

14. Additional Provisions for Japan Personal Information.

a. Scope of Section 14.

The ‘Additional Provisions for Japan Personal Information’ section of the DPA will apply only with respect to Japan Personal Information.

b. Roles of the Parties.

When processing Japan Personal Information in accordance with your Instructions, the parties acknowledge and agree that you are a Business and we are a Service Provider for the purposes of the APPI.

c. Responsibilities.

The parties agree that we will Process Japan Personal Information as a Service Provider strictly for the purpose of our Services under the Agreement or as otherwise permitted by the APPI.

15. Additional Provisions for Bahrain Personal Information.

a. Scope of Section 15.

The ‘Additional Provisions for Bahrain Personal Information’ section of the DPA will apply only with respect to Bahrain Personal Information.

b. Roles of the Parties.

When processing Bahrain Personal Information in accordance with your Instructions, the parties acknowledge and agree that you are a Business and we are a Service Provider for the purposes of the PDPL.

c. Responsibilities.

The parties agree that we will Process Bahrain Personal Information as a Service Provider strictly for the purpose of our Services under the Agreement or as otherwise permitted by the PDPL.

16. Additional Provisions for Indian Personal Information.

a. Scope of Section 16.

The ‘Additional Provisions for Indian Personal Information’ section of the DPA will apply only with respect to Indian Personal Information.

b. Roles of the Parties.

When processing Indian Personal Information in accordance with your Instructions, the parties acknowledge and agree that you are a Business and we are a Service Provider for the purposes of the PDP Bill 2019.

c. Responsibilities.

The parties agree that we will Process Indian Personal Information as a Service Provider strictly for the purpose of our Services under the Agreement or as otherwise permitted by the PDP Bill 2019.

17. General Provisions

a. Amendments.

Notwithstanding anything else to the contrary in the Agreement and without prejudice to the ‘Compliance with Instructions’ or ‘Security’ sections of this DPA, we reserve the right to make any updates and changes to this DPA.

b. Severability.

If any individual provisions of this DPA are determined to be invalid or unenforceable, the validity and enforceability of the other provisions of this DPA will not be affected.

c. Limitation of Liability.

Each party and each of their Affiliates’ liability, taken in aggregate, arising out of or related to this DPA (and any other DPAs between the parties) and the Standard Contractual Clauses (where applicable), whether in contract, tort or under any other theory of liability, will be subject to the limitations and exclusions of liability set out in the ‘Limitation of Liability’ section of the Master Terms and any reference in such section to the liability of a party means aggregate liability of that party and all of its Affiliates under the Agreement (including this DPA). For the avoidance of doubt, if ServerHealers is not a party to the Agreement, the ‘Limitation of Liability’ section of the Master Terms will apply as between you and ServerHealers.

d. Governing Law.

This DPA will be governed by and construed in accordance with the “Governing Law and Jurisdiction” section mentioned in the Agreement.

18. Parties to this DPA

a. Permitted Affiliates.

By signing the Agreement, you enter into this DPA on behalf of yourself and, to the extent required under applicable Data Protection Laws, in the name and on behalf of your Permitted Affiliates, thereby establishing a separate DPA between us and each such Permitted Affiliate subject to the Agreement and the “General Provisions” and “Parties to this DPA” sections of this DPA. Each Permitted Affiliate agrees to be bound by the obligations under this DPA and, to the extent applicable, the Agreement. For the purposes of this DPA only, and except where indicated otherwise, the terms “Customer”, “you”, and “your” will include you and such Permitted Affiliates.

b. Authorization.

The legal entity agreeing to this DPA as Customer represents that it is authorized to agree to and enter into this DPA for and on behalf of itself and, as applicable, each of its Permitted Affiliates.

c. Remedies.

Except where applicable Data Protection Laws require a Permitted Affiliate to exercise a right or seek any remedy under this DPA against us directly by itself, the parties agree that (i) solely the Customer entity that is the contracting party to the Agreement will exercise any right or seek any remedy any Permitted Affiliate may have under this DPA on behalf of its Affiliates, and (ii) the Customer entity that is the contracting party to the Agreement will exercise any such rights under this DPA not separately for each Permitted Affiliate individually but in a combined manner for itself and all of its Permitted Affiliates together. The Customer entity that is the contracting entity is responsible for coordinating all communication with us under the DPA and will be entitled to make and receive any communication related to this DPA on behalf of its Permitted Affiliates.

Annex 1 – Details of Processing

This Annex forms part of the DPA.

A. Nature and Purpose of Processing

We will Process Personal Data as necessary to provide the our Services pursuant to the Agreement, as further specified in the Order Form, plan page and as further instructed by you in your use of the Services.

B. Duration of Processing

Subject to the ‘Deletion or Return of Personal Data’ section of this DPA, we will Process Personal Data for the duration of the Agreement, unless otherwise agreed in writing.

C. Categories of Data subjects

You may submit Personal Data in the course of using our Services, the extent of which is determined and controlled by you in your sole discretion, and which may include, but is not limited to Personal Data relating to the following categories of Data Subjects:

Your Contacts and other end users including your employees, contractors, collaborators, customers, prospects, suppliers and subcontractors. Data Subjects may also include individuals attempting to communicate with or transfer Personal Data to your end-users.

D. Categories of Personal Data

You may submit Personal Data to start using our Services, the extent of which is determined and controlled by you in your sole discretion, and which may include but is not limited to the following categories of Personal Data:

- - – Contact Information.
  - – Any other Personal Data submitted by, sent to, or received by you, or your end-users, by using our Services.

E. Special categories of data (if appropriate)

The parties do not anticipate the transfer of special categories of data.

F. Processing operations

Personal Data will be Processed in accordance with the Agreement (including this DPA) and may be subject to the following Processing activities:

a. Storage and other Processing necessary to provide, maintain and improve the Services provided to you; and/or

b. Disclosure in accordance with the Agreement (including this DPA) and/or as compelled by applicable laws.

Annex 2 – Security Measures

This Annex forms part of the DPA.

ServerHealers shall implement and maintain appropriate technical and organizational security measures to protect Personal Data from Security Incidents and to preserve the security and confidentiality of the Personal Data.

A. Outsourced Processing.

We host our servers with outsourced cloud infrastructure providers. Additionally, we maintain contractual relationships with vendors in order to provide the Service in accordance with our DPA. We rely on contractual agreements, privacy policies, and vendor compliance programs in order to protect data processed or stored by these vendors.

B. Physical, Network and Environmental Security.

Office server room access is limited to only authorized personnel.
Badges and biometric scanning for controlled office and server room access.
Security camera monitoring at all office and server room locations.
Access and video surveillance log retention.
24x7x365 onsite staff provides additional protection against
unauthorized entry.
Uninterruptable Power Supplies.
Continuous facility monitoring.
High-performance bandwidth provided by multiple network providers.
Cables properly trunked and secured.
Network management performed by only authorized personnel.

C. Human Resources.

Background screening performed on employees with access
to customer accounts
Employees are required to sign Non-Disclosure and
Confidentiality Agreements
Employees undergo mandatory security awareness training
upon employment and annually thereafter

E. Preventing Unauthorized Access to Data.

We implement industry-standard access controls and detection capabilities for the network and servers where the data is hosted. We also have other policies and methods in place to prevent any unauthorized access to customer data and services.

1. Password policy.

We implement a uniform password policy for our customers using our products and services. Customers who interact with the products and services via the user interface must authenticate before accessing non-public customer data.

2. Network access controls.

Network access control mechanisms are designed to prevent network traffic using unauthorized protocols from reaching the infrastructure.

3. Intrusion detection and prevention.

We implement a Web Application Firewall (WAF) solution to protect hosted customer websites and other internet-accessible services and applications. The WAF is designed to identify and prevent attacks against publicly available network services.

4. Two-factor authentication.

Option to enable Two-factor authentication on every one of our login interfaces.

5. PIN verification system.

Customers need to verify their identity with a unique PIN that is available in their customer control panel before they need our assistance with any of our products or services.

3. Two Factor Authentication

F. Transmission Control.

1. In-transit.

We make HTTPS encryption (also referred to as SSL or TLS) available on every one of our login interfaces and for all possible services. Our HTTPS implementation uses industry-standard algorithms and certificates.

2. At-rest.

We store user passwords following policies that follow industry-standard practices for security. We have implemented technologies to ensure that stored data is encrypted at rest.

G. Input Control

1. Detection.

We designed our infrastructure to log extensive information about the system behaviour, traffic received, system authentication, and other application requests. Internal systems aggregated log data and will alert appropriate employees of malicious, unintended, or anomalous activities. Our personnel, including security, operations, and support personnel, are responsive to known incidents.

2. Response and tracking.

We maintain a record of known security incidents that includes description, dates and times of relevant activities, and incident disposition. Suspected and confirmed security incidents are investigated by security, operations, or support personnel, and appropriate resolution steps are identified and documented. For any confirmed incidents, we will take appropriate steps to minimize product, service and Customer damage or unauthorized disclosure. Notification to you will be in accordance with the terms of the Agreement.

H. Fault Tolerance.

Backup and replication strategies are designed to ensure redundancy and fail-over protections during a significant processing failure with our data related to services and products.

I. Confidentiality of Processing.

ServerHealers shall ensure that any person who is authorized by ServerHealers to process Personal Data (including its staff, agents and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).

J. Updates to Security Measures.

The customer acknowledges that the Security Measures are subject to technical progress and development and that ServerHealers may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services purchased by the Customer.

Annex 3 – List of Sub-Processors

To support ServerHealers in delivering its Services, ServerHealers may engage third-party service providers to assist ServerHealers with its data processing activities. When we work with these service providers in our capacity as a data processor, the third-party service provider is a sub-processor of ServerHealers (“Sub-processor”).

This page identifies the Sub-processor, describes where they are located and what services they provide to us. Before engaging any Sub-processor, we perform extensive due diligence, including detailed security and legal analysis. We do not engage a Sub-processor unless our quality standards are met. Our Sub-processors are all subject to contract terms that enforce compliance with applicable data protection laws.

ServerHealers currently uses the following Sub-processors:

Vendor	Purpose	Location	Website
Hetzner	Hosting & Infrastructure	Germany	https://www.hetzner.com
Stripe	Payment Processor	USA	https://stripe.com
PayPal	Payment Processor	USA	https://www.paypal.com
Amazon Web Services	Data Backup, Email Delivery	USA	https://aws.amazon.com
Google	Website Analytics	USA	https://google.com
Cloudflare	Content Delivery Network	USA	https://www.cloudflare.com

Last updated: March 31, 2021

1. Introduction

Definition

This Payment Policy page is to outline all payment related matters such as monthly fee details, onetime fee details, tax details, late fees, etc.

Definitions of terms in Payment Policy.

You: A customer or client using services or products provided by ServerHealers.

ServerHealers: The Service provider.

2. General

General points to note. In case of any conflict or inconsistency with the terms mentioned under this General category with points mentioned in any other categories, the other category will take precedence over the terms mentioned under this general category to the extent of such conflict or inconsistency.

2.1 You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services.

2.2 All prices and fees are non-refundable unless otherwise expressly mentioned in sections below, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.

2.3 We expressly reserve the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal.

2.4 Your Payment Method on file must be kept valid if you have any active Services in your Account.

2.5 You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated Payment Method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and ServerHealers shall not be liable to you or any third party regarding the same.

2.6 You must provide current, complete and accurate information for your Account and Billing Information, and must promptly update all such information in the event of changes (such as a change in billing address). You must promptly notify us or our Payment Processors if your payment method is canceled (e.g., for loss or theft) or otherwise inoperable.

3. Currencies

We support two types of currencies. Our base currency is USD ( United States Dollar ) and for Indian customers, we are providing INR ( Indian Rupees ) currency support. If you are an Indian customer using INR, then please note that our system will auto-update exchange rates daily with the base USD price.

4. Payment Methods

You may pay for Services by utilizing any of the following “Payment Methods”.

4.1 Card Payment

4.1.1 By using the “Card Card Payment” option (“Stripe”), you can purchase Services using your Debit Card or Credit Card. In connection therewith, you agree to allow Stripe to debit the full amount of your purchase from your Credit Card or Debit Card, or other sources linked to the Stripe Account (“Stripe Funding Source”).

4.1.2 It is your responsibility to keep your Debit Card or Credit Card and Stripe Funding Source current and funded.

4.1.3 You acknowledge and agree that (i) Stripe reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Stripe Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither Stripe nor ServerHealers shall be liable to you or any third party regarding the same.

4.1.4 If for any reason Stripe is unable to withdraw the full amount owed for your purchase, you agree that Stripe and ServerHealers may pursue all available lawful remedies in order to obtain payment.

4.2 PayPal

4.2.1 By using pay by PayPal payment option (“PayPal”), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”).

4.2.2 It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded and your PayPal Account backed by a valid credit card.

4.2.3 You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor ServerHealers shall be liable to you or any third party regarding the same.

4.2.4 If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and ServerHealers may pursue all available lawful remedies in order to obtain payment.

4.3 Service Credit

This option allows you to have a prepaid balance on your account. This is useful if you want to deposit funds in advance. You can use this service credit to pay for your invoices or any products or services that we are offering. You can verify your available service credit balance at any time by logging into your account.

4.3.1 In the event that your Account contains a service credit balance, you may apply any available credit balance to any future purchase in your Account.

4.3.2 In the event that your Account contains a service credit balance, you hereby authorize Us to apply any available credit balance to any outstanding administrative fees, chargebacks or other fees related to your Account.

4.3.3 In the event that your default Payment Method fails for an automated billing in connection with the processing of any Service renewals, We may utilize any available service credit balance if there are enough funds to cover the entire transaction.

4.3.4 Service credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal).

4.3.5 You acknowledge that service credit balances are non-transferrable, may only be used in the Account in which they were acquired.

4.3.6 In the event that We terminate your Account, you acknowledge and agree that any remaining available service credit balance will be forfeited.

4.3.7 You also acknowledge that funds available in your in-store credit balance will be held by Us and will not accrue or pay interest on your behalf.

4.3.8 If you are our HTS customer ( web hosting company or data center and using hts.serverhealers.com customer portal ), you can add a minimum credit deposit of $500 in a single transaction, a maximum credit deposit of $9000 in a single transaction, and a maximum balance of $25000.

4.3.9 If you are a customer using our cp.serverhealers.com platform, you can add a minimum credit deposit of $50 in a single transaction, a maximum credit deposit of $2500 in a single transaction, and a maximum balance of $5000.

4.4 Direct Bank Payment

4.4.1 This is the payment method we prefer if you are paying us more than $200 per month or in one transaction.

4.4.2 One of our representatives will contact you and assist you if you are eligible for a Direct Bank-to-Bank transfer.

4.4.3 If your bank has an option to send a notification email when they receive money from you for the transfer, please provide “pay@serverhealers.com”.

4.4.4 We’ll mark your invoice as paid once we receive the money in our bank account.

5. Taxes

You are responsible for any duties, customs fees, taxes, and related penalties, fines, audits, interest and back-payments relating to your purchase of the Services, including but not limited to national, state or local sales taxes, use taxes, value-added taxes (VAT) and goods and services taxes (GST) (collectively, “Taxes”). Unless otherwise stated, our pricing policies do not include and are not discounted or enhanced for any such Taxes. If we become obligated to collect or pay Taxes in connection with your purchase of the Services, those Taxes will be invoiced to you as part of a billing process or collected at the time of purchase.

6. Failure to Pay

6.1 We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to the Websites and Services at any time at our sole discretion, including for nonpayment, late payment, or failure to charge your Payment Methods upon invoicing.

6.2 Payment reminders

Our system will auto-generate your invoice and will notify you 14 days before the due payment date. We’ll send you payment reminders 7 days before the invoice due date.

6.3 Late fee

2 days after the due payment date, a 10% late fee will be added to the invoice.

6.4 Service suspension

5 days after the due payment date, our system will automatically suspend your account.

6.5 Service termination

15 days after the due payment date, our system will automatically terminate your account.

7. Refund

If you send a refund request, it’ll be escalated to our executive team for review. Please note that it’s not a 24×7 working department and is only available during business hours and normal working days. Also, a refund may take up to 30 working days from the time we process it.

You must send the refund request within 14 days after the service activation date to be eligible for refund and refund review. After the review, we can provide a refund if it matches any of the following.

- You paid for the service, but the service wasn’t active or canceled before activation.
- If the refund request is for monthly server maintenance or server management service, and you purchased the service, but we haven’t started working on your server issues
- You purchased the service because our support or sales staff promised a solution to your issue, but we failed to match that expectation.
- You purchased a service, but the service is not as described.

8. cPanel Migration Service

8.1 The cPanel “Support & Monitor” and the “Pro Care” plans include up to 25 cPanel to cPanel migration per month. If there are more than 25 cPanel accounts, you may wait until next month or pay $0.99 for each additional accounts.

- E.g., If you want us to migrate a total of 40 cPanel accounts, then the first 25 account migrations are free, and for the remaining 15 accounts, it’ll cost $0.99 per accounts. So the cost will be 15 x $0.99 = $14.85

8.2 If it’s a cross-platform migration, then charges for 1 to 10 accounts are $30. If you have more than 10 accounts, the cost will be $2.80 per cPanel account.

- E.g., 1: You want us to do 5 cross-platform account migrations. Since it falls under 1 to 10 accounts, the cost will be $30
- E.g., 2: You want us to perform 15 cross-platform account migrations, then the first 10 accounts will cost $30, and for the remaining 5 accounts, it’ll cost $2.80 per account, which is 5 x $2.80 = $14. So the total cost to for 15 cross-platform migration will be $30 + $14 = $44
- We support the following cross-platform migrations.
  Linux Plesk to cPanel
  DirectAdmin to cPanel

9. Plesk for Linux Migration Service

9.1 The Plesk “Support & Monitor” and the “Pro Care” plans include up to 25 Plesk to Plesk migration per month. If there are more than 50 Plesk accounts, you may wait until next month or pay $0.99 for each additional accounts.

- E.g., If you want us to migrate a total of 40 Plesk accounts, then the first 25 account migrations are free, and for the remaining 15 accounts, it’ll cost $0.99 per accounts. So the cost will be 15 x $0.99 = $14.85

9.2 If it’s a cross-platform migration, then charges for 1 to 10 accounts are $30. If you have more than 10 accounts, the cost will be $2.80 per Plesk account.

- E.g., 1: You want us to do 5 cross-platform account migrations. Since it falls under 1 to 10 accounts, the cost will be $30
- E.g., 2: You want us to perform 15 cross-platform account migrations, then the first 10 accounts will cost $30, and for the remaining 5 accounts, it’ll cost $2.80 per account, which is 5 x $2.80 = $14. So the total cost to for 15 cross-platform migration will be $30 + $14 = $44
- We support the following cross-platform migrations.
  cPanel to Plesk Linux
  DirectAdmin to Plesk Linux

10. Windows Plesk Migration Service

11.1 The “Support & Monitor” and the “Pro Care” plans include up to 25 Plesk to Plesk migration per month. If there are more than 25 Plesk accounts, you may wait until next month or pay $0.99 for each of the additional accounts.

- E.g., If you want us to migrate a total of 40 Plesk accounts, then the first 25 account migrations are free, and for the remaining 15 accounts, it’ll cost $0.99 per accounts. So the cost will be 15 x $0.99 = $14.85

11. DirectAdmin Migration Service

11.1 The DirectAdmin “Support & Monitor” and the “Pro Care” plans include up to 25 DirectAdmin to DirectAdmin migration per month. If there are more than 25 DirectAdmin accounts, you may wait until next month or pay $0.99 for each of the additional accounts.

- E.g., If you want us to migrate a total of 40 DirectAdmin accounts, then the first 25 account migrations are free, and for the remaining 15 accounts, it’ll cost $0.99 per accounts. So the cost will be 15 x $0.99 = $14.85

12. Professional Services, Solutions

You need to pay 50% advance before we start the work and pay the remaining 50% after we deliver the service or task.

13. Payment Notifications

We will send you payment related notifications in electronic form only, for example: via emails to your email address provided during registration.

Last updated: March 31, 2021

1. Introduction

Definition

This Service Level Agreement (SLA) is an agreement between ServerHealers and You (“Customer or Client”) to cover all Services provided by ServerHealers to You. This SLA includes a description of the Services provided by ServerHealers to You.

Definitions of terms in SLA.

You: A customer or client using services or products provided by ServerHealers.

ServerHealers: The Service provider.

Ticket: An online Support Request or a chat/phone call to the Helpdesk describing the issue.

2. General

General points to note regarding the Services provided by ServerHealers to You. In case of any conflict or inconsistency with the terms mentioned under this General category with points mentioned in any other categories, the other category will take precedence over the terms mentioned under this general category to the extent of such conflict or inconsistency.

2.1 Standard hours of cover

Our sales and technical support are available 24x7x365 via email and chat except for the billing, HTS ( sales, support, and billing for web hosting companies. ), and management departments. Billing, HTS, and management departments are available only during office hours. If any urgency, you can check their availability with the sales and support staff.

Service might disrupt for a very short period when we are on our monthly team meeting, any office functions, and when we are doing scheduled maintenance. ServerHealers will use reasonable efforts to inform you about such events in advance.

2.2. Classifying a ticket

ServerHealers shall identify the severity of the ticket based on the evidence provided by the Customer. If the Customer believes that the ticket should be classified as a High priority, the Customer can change the ticket priority from the ServerHealers control panel itself. The customer can also open a live chat session and request a higher priority level to reduce delays in the initial response.

2.3. Response times

The times set forth below are response times to a ticket logged via the web or other mediums. These times should not be deemed to be resolution times. ServerHealers does not guarantee resolution times. A resolution may consist of a fix, workaround, service availability or other solution ServerHealers deems reasonable. ServerHealers will use reasonable efforts to meet the target response times stated in the table below.

All web-based and logged support tickets to the Helpdesk will receive a response based on the following assigned priority.

The following response times are for support tickets that require technical support:

- - Low Priority: ServerHealers will make the initial contact within 90 minutes and might schedule the resolution.
  - Medium Priority: ServerHealers will make the initial contact within 60 minutes and will prioritize the resolution.
  - High Priority: ServerHealers will make the initial contact within 35 minutes and begin problem resolution immediately.

NOTE – EVEN THOUGH WE MENTIONED THE ABOVE RESPONSE TIMES, SERVERHEALERS WILL USE REASONABLE EFFORTS TO MEET THE TARGET RESPONSE TIMES UNDER 30 MINUTES FOR ALL CASES. SO FAR, WE ARE ALSO ABLE TO ACHIEVE THE SAME FOR MOST CASES.

2.4 Customer Satisfaction Procedures

Suppose you have any concerns, doubts, or are not fully satisfied with the support or Services provided. In that case, you are requested to send an email to “feedback@serverhealer.com” describing the details of the same ( with examples if possible. ) and ServerHealers will use reasonable efforts to resolve your issues and concerns and will also try to meet up with your expectations.

2.5 Your Responsibilities

2.5.1 Provide ServerHealers with access information, if applicable

2.5.2 Keep your contact information up-to-date

2.5.3 Keep your account in good standing

3. Outsourced Web Hosting Support Services

3.1 General Conditions

3.1.1 Free trial ( applicable only for “24×7 shared plan” and “Dedicated staff plan”. ) only applies to first-time customers. We may refuse to provide or provide the free trial or reduce or extend the trial period based on reasons, including staff availability and work inflow at our sole discretion.

3.1.2 If you are a customer with a “24×7 Shared Plan” or “Dedicated Staff Plan”, then it is Your responsibility to whitelist all our server IP addresses ( We will provide the list ) in your servers and support systems. Failure to do so, then you agree to take full responsibility for any support outages because of this.

3.2 24×7 Shared plan

3.2.1 ServerHealers will make the initial contact within 60 minutes and will prioritize the resolution or begin problem resolution immediately.

3.2.2 This plan doesn’t include designing, development, and coding support and assistance.

3.3 Dedicated staff plan

3.3.1 When you hire a dedicated staff from ServerHealers, that dedicated staff will work and will use reasonable efforts to follow your company SLA terms.

3.3.2 If you are a customer with our “Dedicated Staff Plan”, You may provide Us an access server ( A server with shell or RDP access. We will be accessing your customer and client accounts from this server for troubleshooting and providing assistance/support. ) It is not a must and an option for you. If we access your customer and client accounts from our servers, it will show the hostname and IP details in their access log. With this information, there is a slight chance they will know you are outsourcing support. So, you only need to consider if that is something that concerns you.

3.3.3 These plans don’t include designing, development, and coding support and assistance. Unless you are hiring a developer, designer, or any of the purposes mentioned above, and you discussed and got our approval in initial discussions and communications.

3.3.4 You agree to provide a 60 days notice if you, for any reason, want to cancel our “Dedicated Staffing” Plans.

3.4 Custom Support Plan

The SLA conditions for the custom support plan might vary based on the discussions and communications prior to the plan’s purchase. If any additional conditions, we’ll inform you of the same via email before you make the purchase.

3.5 Web Hosting Social Media Management

The SLA conditions for the social media management plan might vary based on the discussions and communications prior to the plan’s purchase. If any additional conditions, we’ll inform you of the same via email before you make the purchase.

3.6 Web Hosting Content Writing

The web hosting content writing plan details, delivery process stages, and workflow, are mentioned in detail on the plan page. Make sure to check the same and open a support ticket if any concerns before you make the purchase. By making the purchase, you agree to all points mentioned on the plan page.

3.7 Web Hosting Blog/Forum Moderation

The default response time is 90 minutes. However, the SLA conditions for the web hosting blog/forum management plan might vary based on the discussions and communications prior to the plan’s purchase. If any additional conditions, we’ll inform you of the same via email before you make the purchase.

4. Server Management and Managed Cloud Plans

4.2 These plans don’t include designing, development, and coding support and assistance.

4.3 We can install third-party applications for you, but the application must be fully supported by the control panel or the platform that we are installing. If it is unsupported and reported or known to have compatibility issues with your control panel or platform that we are installing, and if you still want to install it, you agree to take full responsibility for any issues related to that.

4.5 Some of these plans include 24×7 server monitoring as a standard. The services that we monitor differ from plan to plan. You may check the corresponding plan pages for details of the same. Please open a support ticket if any concerns about the same before you make the purchase. By making the purchase, you agree to all points mentioned regarding server monitoring on the plan page.

5. WordPress Management Plan

5.1 A valid WordPress user account with full administrative privileges is required to provide the WordPress management service. It is Your responsibility to whitelist all our server IP addresses ( We will provide the list ) in your servers and security systems ( if any ). We also need to install a few WordPress plugins, and more details about the plugins are available on the plan page. Failure to do any of these, then you agree to take full responsibility for any support and service outages because of this.

5.2 This plan doesn’t include designing, development, and coding support and assistance.

5.4 Additional service details are mentioned on the plan page. Please open a support ticket if any concerns about the same before you make the purchase. By making the purchase, you agree to all points mentioned on the plan page.

6. Cloud Services and Professional Services

The Cloud Services and Professional Services’ SLA conditions might vary based on the discussions and communications prior to the service purchase. If any additional conditions, we’ll inform you of the same via email before you make the purchase.

7. Electronic Communications and Notifications

We will send you information relating to your services and account in electronic form only, for example: via emails to your email address provided during registration.

8. Force Majeure

Neither of us will be in breach of the Agreement if the failure to perform the obligation is due to an event beyond our control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.

9. Cancellation

ServerHealers reserves the right to restrict, suspend or cancel accounts for any user at any time. You can also submit a cancellation request via our customer control panel. ServerHealers does not permit cancellation via any other method including, but not limited to, the following: email, chat or postal mail. Any notice of termination will be effective on the following billing due date for the Service being terminated. Upon termination, you must pay ServerHealers for all services provided to date and any outstanding charges that remain due.

10. Miscellaneous

Other service details, workflow, service delivery details and terms are mentioned in detail on corresponding plan pages. Please take your time to read the plan pages and open a support ticket if any concerns.

1. Introduction

The cookie policy of ServerHealers outlines the different types of cookies that may be used in relation to the Website https://serverhealers.com and all subdomains, owned and administered by us, through which you have access to this Cookie Policy (the “Website“), as well as information on how you can control them.

2. What are actually cookies?

Cookies are small files used for access to the Internet, stored on the computer, the mobile device, the tablet, or other equipment of a given User.

Cookies are installed through a request by the server of a given web page to your web browser (i.e. Internet Explorer, Chrome, Safari, Mozilla) and are completely “passive” (they do not contain any software, viruses or spyware and do not have access to the information of the User hardware).

3. What are cookies used for?

Cookies are used in a way, allowing the Website to function better and more efficiently. Cookies are needed in order for you to browse the Website and to use their services and functionalities. Without those essential cookies, our Website will not function as fluently as we would like them to, and we might not be able to provide you with certain services or features.

Cookies are also used to prepare anonymous statistics, which help us understand how a given user prefers to use our Website, allowing us to improve its structure and contents without identifying the user. The ServerHealers Website may also use certain WordPress features and software such as Google Analytics, Bing Webmaster Tools, Yahoo Web Analytics, Cloudflare or Facebook, Twitter, Linkedin or other social media “like” buttons or other plugins, which contain cookies.

4. What types of cookies do we use?

We use two types of cookies – for the user session and fixed ones. The former ones are temporary files, which remain on the User’s device until the end of his/her user session or until closing the web browser. The fixed files remain on the User’s device for the period specified in the cookies themselves or until deleted by the User.

5. What are the purposes for which we use cookies?

Processes: It intended to make the Website work in the way you expect. For example, we use a cookie that tells us whether you have already signed up for a User Account.

Authentication, Security and Compliance: Intended to prevent fraud, protect your data from unauthorized parties, and comply with legal requirements. For example, we use cookies to determine if you are logged in to your User Account.

Preferences: It intended to remember information about how you prefer the services to behave and look. For example, we use a cookie that tells us whether you have declined to allow us to use your phone’s geolocation data.

Notifications: It intended to allow or prevent notices of information or options that we think could improve your use of the Service. For example, we use a Cookie that stops us from showing you certain popup notifications if you have already seen them.

Analytics: It intended to help us understand how visitors use the services. For example, we use a Cookie that tells us how our search suggestions correlate with your interactions with the search page.

6. What are the third-party cookies that we are using?

In some special cases, we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

This site uses Google Analytics which is one of the most widespread and trusted analytics solutions on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.
For more information on Google Analytics cookies, see the official Google Analytics page.
Third-party analytics are used to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you.
From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.

7. Do cookies contain personal data?

On their own, cookies do not require personal information in order to be used and most often, they do not identify internet Users. The personal data collected during the usage of cookies can only be gathered in order to ease the use of the services by the User. This data is encrypted so that it does not allow unauthorized persons to access it.

8. Deleting the cookies

In general, applications for access to web pages (web- or mobile browsers) allow cookies’ storage by default. You may change these settings in such a way that the web browser blocks the automatic administration of cookies or that the User would be informed each time when cookies are sent to his/her device. Detailed information about the options and management of cookies may be found in the Web Browser settings. Please note that limiting the usage of cookies may affect some of the features of the Website.

9. Security and confidentiality

Cookies are NOT viruses. They take the form of simple text. They are not made out of code and cannot therefore be executed or execute alone. Consequently, they may not be duplicated or copied into other networks to get started and copied once more. Since cookies cannot perform those functions, they cannot be regarded as viruses.

Most often, browsers have built-in privacy settings, which provide different levels for the acceptance of cookies, the period of their validity and their automatic deletion after a User has visited a given website.

10. Advice on secure and responsible surfing, using cookies

Thanks to their flexibility and the fact that many of the most visited and biggest websites use cookies, their use is almost inevitable. Deactivating cookies will not allow a given user access to many of the most commonly used websites, including YouTube, Yahoo, Gmail, and others.

Here is some advice, which can ensure safe surfing, but with the help of cookies:

- Personalize your cookie browser settings to create an adequate level of protection from the use of cookies.
- If you are the only person who uses the computer, you may set longer terms for the expiration of the storage of the browsing history and access to personal data.
- If you share your computer access with somebody, you may set your browser settings to delete the surfing data every time you close your web browser.
- Ensure that your browser is always up to date. Many of the attacks, based on cookies, are realized when exploiting the weak spots of old and non-updated versions of the web browsers. Cookies are everywhere, and they may not be circumvented if you would like to enjoy your access to the best and biggest websites on the Internet.

You may set your browser in a way that does not allow for cookies to be accepted anymore, or you can set your browser to accept cookies only from specific websites. All modern browsers offer the option to change cookie settings. This includes computer browsers, as well as mobile device browsers. These settings can be found in your browser’s “options” menu or the “preferences” menu. To find those settings, you can also use the links below or use your browser’s “help” menu for more information.

Cookie settings in Internet Explorer

Cookie settings in Firefox

Cookie settings in Chrome

Cookie settings in Safari

Cookies settings in Safari Mobile

Cookies settings in Opera

11. Useful links

If you want to find more about cookies and what are they used for, we recommend the following links:

Microsoft Cookies guide

All About Cookies

12. More Information

Hopefully, that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site.

However, if you are still looking for more information then you can contact us through one of our preferred contact methods:

- Email: support@serverhealers.com

Legal | Policies | Agreements

Following are all our policies and service agreements. Please read everything in detail and contact us anytime if any doubts or concerns.

We heal servers, clouds, and your business!

Company

Legal

Public Cloud

Private Cloud

Cloud Services

Professional Services

Web Hosting Support

Server Management

Server Virtualization

Virtualization Management

Stay up to date

Latest from the blog

Create an Admin User on a WordPress Website

Webmin Demo

Open a Port in Vultr Server

Open Port 8080 in DigitalOcean Droplet

Enable TCP Port 25 on an Alibaba Cloud Server

Open Ports in Linode Server

Open Ports to a Virtual Machine in Microsoft Azure

Open or Close Server Ports in Google Cloud Using the Console

Create a Virtual Machine with Hyper-V on Windows 10

Install XenServer Host

Install Virtuozzo Linux using the Text Mode

Introduction to OpenVZ Virtualization

Create Operating System Template in Softaculous Virtualizor

Open or Close Server Ports in AWS Cloud

Install Softaculous Virtualizor for Xen

Login

Introducing - WPHealers!

Complete WordPress Management, 24x7 Support & White Label Agency Plans!

ServerHealers uses cookies.