Virtual Administrator Terms and Conditions

• Suitability. Customer hereby understands that it is responsible for satisfying itself as to the suitability of VA Partner Program for the purposes for which Services are purchased or sold.


• Limitation of Liability; No Consequential Damages. NEITHER NETWORK DEPOT, LLC (ND, LLC) NOR ITS SUPPLIERS SHALL BE LIABLE TO PARTNER OR ANY THIRD PARTY FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, TORT OR COVER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, DELAY OF DELIVERY AND IMPLEMENTATION OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. ND LLC’S LIABILITY FOR ALL CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL IN NO EVENT EXCEED THE ACTUAL AMOUNTS ALREADY PAID BY CUSTOMER TO ND, LLC FOR THE SERVICES GIVING RISE TO SUCH DAMAGES IN THE PRIOR THREE MONTH PERIOD. Notwithstanding the foregoing, ND, LLC shall have no liability to Customer whatsoever as a result of (i) the discontinuance, unavailability or failure of any Services, (ii) any adjustments by ND, LLC to the terms and conditions of any Services, (iii) the failure by ND LLC to accept any prospective Customer or any order for Services or (iv) the failure by ND LLC to provide or to continue to provide any Services to Customer due to termination or assignment of such Customer’s agreement with ND, LLC.


• Force Majeure Events. Neither Party shall be liable for any failure to perform any of its obligations hereunder (other than payment of money) which results from acts of God, the elements, fire, flood, component shortages, force majeure, riot, insurrection, industrial dispute, accident, war, acts of terrorism, embargoes, legal restrictions, utility or communications failures or interruptions, failures of third party vendors, Internet slow-downs or failures, computer hackers or any other cause beyond the control of the Party.


• Payment for Services. Payment for all services is done via credit card. Credit card will be collected upon completion of trials, or up-front for those services without a trial. Invoices are emailed at the end of the month. Partner has at least 5 days to review the invoice and notify ND, LLC of any discrepancies. After 5 days the invoice is considered accepted and will be charged. Accounts not settled within 10 days of invoice date are subject to cancellation.


• Cancellation of Services. All services are sold on a month to month basis unless noted. Partner agrees to notify ND, LLC in writing at least 30 days prior to cancelling service. Failure to provide adequate notification may result in additional charges.Additional Service Specific Cancellation Policies:
  
  
  
  • Live Virtual Help Desk – any cancellation of service requires a 30 days’ written notice. Last bill may be pro-rated for remaining days at the discretion of Virtual Administrator.
  
  
  • SonicWall GMS – For the Gold program, billing will continue until the firewall stops sending SysLog data to our server.
  
  
  • Intronis – accounts are assessed on the 20th of each month. Billing cannot be adjusted for the same month after the 20th of the month.
  
  
  • MailProtector – Some MailProtector account are billed in arrears, so there may be 1 additional final bill after cancellation of services.
  
  
  
  


• Non-Disclosure and Copyright. Partner agrees that all information, pricing, scripts, methods, literature, or any other content is the property of Network Depot, LLC (dba Virtual Administrator). Partner agrees not to share or publish any of this information without the express consent of ND, LLC, even if such information is available publicly. Partner agrees that all scripts, monitor sets, templates, event sets and/or reports are the property of Network Depot, LLC and its affiliates, and is not to be used outside of Virtual Administrator’s servers and programs. Using content on a non-Virtual Administrator related server is expressly prohibited, unless approved in writing by Virtual Administrator.


• Agreement to third party terms and conditions. By using a third party cloud services through Virtual Administrator, the Partner agrees to abide by any legal documentation associated with that vendor. Links can be found below:
  
  
  
  • Kaseya IT Essentials
  
  
  • Intronis Online Backup
  
  
  • Mailprotector
  
  
  • Neushield