• Maintenance Plan Services Agreement
• Privacy Policy
• Billing and Disputes
• Terms of Service

Maintenance Plan Services Agreement

The following defines the scope of services that are included in Advomatic's Drupal Maintenance Plans.

Advomatic provides the following services and resources under our Drupal Maintenance Plans:

• Drupal Core Security Upgrades
• Drupal Contrib Security Updates
• Project Management Site
• Subversion Code Repository
• Development Server
• Same Day Response Time on Development Requests *

Billing and Disputes

Disputes: If you would like to dispute your invoice, because you, in good faith, do not believe the charges are correct, you must pay all undisputed amounts set forth in Advomatic's invoice by the specified 'Due Date'. You may withhold payment for the disputed amounts provided you submit along with payment of the undisputed amounts and a documented claim for the disputed amount as detailed herein.

Any disputes must be submitted within ninety (90) days of the disputed invoice. A good faith dispute requires you to provide a written claim to Advomatic. Dispute Claims shall be sent to Advomatic via the applicable address and contact information as listed in the Advomatic Dispute Policy. Dispute Claims must identify in detail the basis for the dispute, including 1. the applicable account number; 2. the date of the charges and the applicable invoice; and 3. the specific items being disputed, to permit Advomatic to investigate the merits of the dispute. The parties shall use their best efforts to resolve all disputes within fifteen (15) days of the submission of the dispute to Advomatic. Once the investigation into the disputed charges has been completed, (a) if the billing dispute is resolved in Your favor, Advomatic shall submit applicable credits within one invoice cycle of dispute resolution, or (b) if the billing dispute is resolved in favor of Advomatic, or if You have withheld payment, You shall submit payment to Advomatic within ten (10) days from receiving notification of the dispute resolution. Late payment penalties will apply to overdue or unpaid charges.

Billing: By the Account Activation Date of each month, Advomatic shall either:

1. debit the client's credit card (when such information has been provided by the client), or
2. deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month.

When an invoice is delivered to the Client, payment shall be remitted to Advomatic by no later than the specified payment due date. Advomatic shall be entitled to immediately terminate this agreement for Client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the Client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point payment must be made within 24 hours. If payment is not received within 24 hours, the account, and all accounts under that account plan, will be suspended. Accounts will be suspended if payment is not received within 7 days of Invoice Due Date, and account will be terminated if payment is not received within 15 days of Invoice Due Date.

Service Fees: Certain services carry a set-up fee charged by Advomatic to Client, which must be paid by Client in order to have use of said services. If Client terminates this agreement, Client shall be responsible for any and all outstanding fees owed to Advomatic and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the Client will be responsible for service fees incurred each month, regardless of when Client provides notice of termination. Thus, for example, if the Client provides notice of termination on the 15th day of a particular month, the Client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded. If Client has retained the services for one year and has pre-paid Advomatic for such services, refunds will be issued for any unused full month of the services, upon Client's request. Therefore, if Client's account is canceled at any point during the one-year term, Client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.

Account Deactivations: Any account deactivated or suspended due to non-payment will require a reactivation fee of $200.00 prior to reactivation. Monthly plans terminated by Client and then reactivated within 3 months of the date of termination will require a reactivation fee of $200.00 prior to reactivation.

Cancellation & Refunds: Services may only be canceled by sending a request to maintenance AT advomatic.com.

Telephone or alternate methods are not valid and will not be honored. If a service is canceled within 7 days of the renewal period, the service will be renewed for the following period. Advomatic DOES NOT refund partial monthly or annual fees to accounts.

Privacy Policy

The Advomatic Privacy Policy is maintained at http://www.advomatic.com/privacypolicy and is hereby incorporated by reference to this Agreement.

Terms of Service

Communication: Advomatic provides a Project Management System for use by our clients. All communication regarding your site and your maintenance plan must go through this systems. Advomatic does not, and can not recognize instant messaging, emails to personal addresses, and phonecalls as official communication if they are not subsequently documented in a ticket in the system located at http://secure.advomatic.com. Advomatic representatives in all good faith try to record any communications, particularly phone communications back into that system. The Advomatic Project Management System ticket history is the official accounting of communications on a given issue.

Account Activation: By activating your account with Advomatic, you agree to the policies and disclaimer defined herein. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer.

Changes and Updates: Advomatic reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Update Deployment: Updates are performed on the Advomatic provided development servers and subversion repository. Advomatic will then provide a tarball and update instructions for the Client to deploy on their production server. Clients who require update deployment assistance should contact Advomatic and setup a development services agreement.

Major Release Upgrade Policy: Major version upgrades of Drupal are not covered under the Advomatic Drupal Maintenance Plans. Clients who require major Drupal release upgrade assistance should contact Advomatic and setup a development services agreement.

Client Service Disruptions: If any of the resources provided by Advomatic, including but not limited to, development server(s), production server(s), or subversion repository is broken, misconfigured or otherwise disabled by the Client or the Client's Representatives, additional charges may be required to remedy.

Refusal of Service: We reserve the right to refuse, cancel or suspend service at any time, at our sole discretion.

Lawful Use: All services provided by Advomatic LLC ("Advomatic") may be used for lawful purposes only. Transmission, storage or presentation of any information, data, or material in violation of any United States federal, state, or city law is prohibited. This includes, but is not limited to, copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Advomatic from any claims resulting from the use of service which damages the subscriber or any other party.

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, CRACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, ADVOMATIC WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

No Warranty: THE SERVICES AND RESOURCES ARE PROVIDED AND THE PERFORMED “AS IS”. WITHOUT LIMITING THE FOREGOING, ADVOMATIC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS WARRANTIES AND/OR OBLIGATIONS (a) OF ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS, INTEGRATION, ADEQUACY, TITLE, COMPATIBILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (b) THAT ANY RESOURCE OR PRODUCT PROVIDED, MAINTAINED, OR MODIFIED BY ADVOMATIC WILL OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT INTERRUPTION OR IS OR WILL BE SECURE AND FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT, (c) THAT ANY DELIVERABLE OR THE SITE WILL BE FREE FROM MANIPULATION AND/OR FRAUD AND (d) THAT MAY ARISE BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADVOMATIC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE ANY SERVICE, OR THE SITE, EVEN IF ADVOMATIC HAS BEEN ADVISED OF, OR SHOULD HAVE KNOW OF, THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE AND REGARDLESS OF WHETHER ANY REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE, ADVOMATIC’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT OR ANY SOW SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES IN QUESTION. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY IF REQUIRED BY LAW.

* Same Day Development service is only available to Clients who have an active Development Agreement with Advomatic, and has an account in good standing. Same day response applies to standard business hours, M-F, and is defined as having a reply from Advomatic, not resolution or completion of the work defined in the request.