Terms of Service

This document outlines Rayservers™ Pricing, Ordering & Shipping, Warranty, Refund, Hosting and Privacy Policies. PLEASE READ THIS DOCUMENT CAREFULLY!

These terms & conditions below apply to all your purchases from Rayservers. They contain very important information about your legal rights and obligations, including legal limitations and exclusions that apply to you. By using the services of, or purchasing goods "Deliverables" through Rayservers, you "The Customer" agrees to be bound by the terms and conditions set forth in this Agreement.

Rayservers will provide you with the goods and services that are advertised on the web site subject to the following Terms of Service:

Refund Policy: To ensure your satisfaction, Rayservers offers our customers a refund or replacement policy for 25 days from the date of delivery, subject to the following constraints:
1. All products must be returned with original manufacturers packaging, blank warranty cards, accessories, manuals etc. and must be in a resalable/manufacturer returnable condition. Missing items will cause additional charges and or a rejection of the returned product back to the customer. All merchandise found to be non-defective will be subject to a 20% re-stocking fee.
2. RMA/Return Policy: Please request a support ticket on our web site for your return. We will assign an RMA number and email you return shipping details. You have the option of requesting a replacement or a refund. Refunds will be posted to your account using the same method of payment you used to pay us. Returns without prior authorization will be refused.
3. Software packages are not returnable if opened or pre-installed.
4. Shipping charges are non-refundable. You are responsible for any return freight charges as well as choosing a tracked shipping service and any applicable insurance costs on the returned material..
Payment & Terms: Rayservers must receive payment before it will accept an order. Orders will not be binding until Rayservers accepts the order. We do NOT provide credit. We reserve the right to offer discounts or assign surcharges for certain payment methods.
1. Attorneys Fees and Costs: If any amount is collected or attempted to be collected through the use of an Attorney at Law or Collection Agency, then the Customer agrees to pay all reasonable collection expenses subject to applicable law.
Warranties: We do not offer warranties on any product sold by us [Please see RMA Policy above]. The products offered by us may, however, be covered by each manufacturer's warranty, service and support policy (if any). The customer will have to contact the original manufacturer for any warranty support directly.
1. You can purchase additional consulting/support to manage Servers pre-configured by us on a time and materials basis. You are responsible for providing us accurate information for the configuration process to minimize your need for (any) extra support. We provide a limited amount of free support by email to get you started.
2. Network servers and workstations assembled by us carry no separate warranty other than those provided by the manufacturers of the components such as the motherboard, case etc.
3. Hosting services provided by us are satisfaction guaranteed. You will receive a pro-rated refund on any unused service time so long as we do not terminate you for abuse of our terms or the Acceptable Use Policy of our ISP [see below]. If you signed up for a year (or other extended period) and had setup fees waived and you break the contract, the waived setup fees will be offset against any pro-rated refund.
4. Rayservers DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please read limitation of liability below.
Privacy policy: We only collect information about you that you provide to us. We do however require some information in order to provide you with service, and how we obtain and process that information is specified below.
1. Information obtained by us:
  
  At a minimum orders require you to provide a valid email address and payment.
  
  We reserve the right to ask for additional identification as needed to verify and fulfil your order.
  
  Hardware orders require a name and shipping address as well. All International Shipments will comply with applicable Export regulations [see below].
  1. Network policy
    
    All information exchanged with the Rayservers network is done under the terms of the Rayservers license.
    
    We keep logs for the purposes of server security, however we do not match these to specific users unless we suspect a break-in attempt or malicious activity. We analyse web traffic to determine the effectiveness of website advertising. You may use anonymizing proxy servers to access our site if you do not wish to reveal your IP address.
    
    Users should take cognizance of the fact that other entities are able to monitor all internet traffic. Consulting and network encryption services are available from Rayservers to analyse your threat model and to take appropriate countermeasures.
2. How we use your information:
  (i) Drop Shipment: Your shipping information is sent with your order to the contracted party that fulfils and drop ships your order.
  (ii) Shipping service: The shipping service will receive your name, shipping address and phone number.
  (iii) Fraud check: All transactions are subject to a fraud check. In the event that fraud is suspected we reserve the right to take appropriate action, including but not limited to freezing the transaction, cooperation with legal investigation and return of stolen funds to rightful owners.
3. Security: We maintain strict access control to our database as well as up to date network security measures based on open source solutions, as well as encrypted file systems to protect against theft, loss or disposal of the storage medium.
4. Third parties: We do not allow third parties access to your account information except as required by subcontractors and auditors to fulfil this contract. We comply with applicable law.
5. Passwords & Computer Security: You agree to maintain the safety of account passwords related to your account(s) and to ensure your computer is secure and free of viruses, keystroke loggers or Trojans. You agree that, in the event of the loss or misuse of your passphrase, Rayservers disclaims all liability for such loss. You also agree that the security of a computer under your control is entirely your responsibility and in the event of a security breach, Rayservers disclaims all liability for any loss even if Rayservers installed your computer.
6. Privacy policy: Except as described above, we do not sell, rent or disclose your information in any way to any third party. In the case of law enforcement requesting information about any user, we require a valid order from a court of competent jurisdiction for us to disclose your account activity or contact/shipping information. Your privacy and security are our business™.
Hosting Policy:
1. You agree to the Acceptable Use Policy.
Order Processing and Shipping Policy:
1. We have to accept the order: In any case where we reject the order (for example if you request shipping to a restricted country) full immediate refund is provided.
2. Each item we sell will clearly indicate choices of shipping and handling and their prices. Shipping is on a per item basis.
3. International Shipments: We comply with applicable export law.
4. Regular Notification: Customers will be notified via email of every stage in the order processing process concluding with the shipment tracking number.
Denied persons: All international shipments are checked against Supplement No. 2 to Part 764 - Denied Persons List, HM Treasury's Consolidated List of Financial Sanctions Targets, or any party prohibited by the government of any country. You also warrant to us that you are not a citizen or entity, or under the control of a citizen or entity of Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria or any other country on a prohibited list of the US or other government, even if you have a US shipping address. We comply with applicable law.
Title, Risk of Loss: All shipments use tracked insured shipping. All shipments are FOB "Free on Board" shipping point which means that the Title and Risk of Loss passes to the customer upon shipment. The Customer will have to advise carrier of any damages during transit. Rayservers is not responsible for delays or other damages in shipment under any circumstances.
Limitation of Liability and Indemnity: Rayservers will endeavour to provide our customers with the highest quality of goods and services. Rayservers MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE DELIVERABLES EXCEPT THOSE STATED IN THIS DOCUMENT. Rayservers DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE DELIVERABLES OR SERVICE IS WITH YOU. SHOULD THE DELIVERABLES PROVE DEFECTIVE AFTER THE 25 DAY RETURN PERIOD, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT SHALL Rayservers ITS OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, INTERRUPTION OF SERVICE, THEFT OF DATA, SYSTEM COMPROMISE OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF Rayservers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. YOU AGREE TO INDEMNIFY Rayservers, AND TO DEFEND ITS OFFICERS AND EMPLOYEES FROM ANY SUCH CLAIMS. Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above limitation or exclusion may not apply to you. In any event you agree that our liability is limited to the purchase price paid for the product or service.
Government: Rayservers products and services are not available to Government officers, agencies, employees, or affiliates. Any government official who wishes to raise any issue with Rayservers has to do so under a sworn affidavit and provide the full name and address, telephone number, email address, employee identification number, department, superior officer and responsible minister for the claim and their full contact information.
Dispute resolution: If you have a dispute with Rayservers that is not resolved by negotiations, the dispute will be settled in a Court of Record.
Jurisdiction: The Common Law shall govern this agreement. Should any portion of this Agreement be declared unenforceable in any jurisdiction, then such provision shall be deemed to be removed from this Agreement and shall not affect the remainder thereof. By doing business with Rayservers you agree to the exclusive the terms of this agreement.
Trademarks: Rayservers retains all right, title, and interest in and to trademarks including the Rayservers logo and Installed Secure™. You may not use these trademarks in a manner disparaging to Rayservers. All other trademarks are the property of their respective owners.
Right to Modify: Rayservers reserves the right to modify its web sites and its Terms of Service. You agree that publication of such changes on its website shall be the sole method of communicating such changes to you.
Fraudulent Accounts: Rayservers reserves the right to delete accounts on our web site with fraudulent information without notice. Inactive accounts or accounts that have not been accessed after creation are subject to deletion without notice.
Typographical Errors: Rayservers will not be responsible for typographical errors. If an error results in an order that cannot be fulfilled, an immediate full refund will be provided.
Right of Association: Rayservers reserves the right to refuse service to particular individuals or entities, at its sole discretion, with or without cause.
Force Majeure: Rayservers shall not be held responsible if it cannot fulfil its obligations under this agreement due to events beyond its control including but not limited to Acts of War, Acts and Actions of Governments or Banks, Terrorism, Acts of God or Natural Disasters, Strikes or Lockouts.
General: You acknowledge that you have read this Agreement, understand it, and you further agree that it is the complete and exclusive statement of the agreement between Rayservers and you (the Customer) which supersedes any proposal or prior agreement, oral or written, and any other communication between Rayservers and you (the Customer) relating to the subject matter of this agreement. No variation of the terms of this Agreement or any different terms will be enforceable against Rayservers unless Rayservers gives its express consent, including an express waiver of the terms of this Agreement, in writing on company letterhead signed by an Officer (such as the President or CEO) of Rayservers. You assume full responsibility for the Deliverables and agree to use them legally and responsibly.