On this page we list the terms, conditions, terms of use and other pertinent details regarding your use of the Chattalooga PHP Live Help! Service. Our intent is to be fair and equitable with the needs and concerns of our customers. We make no outlandish promises or silly, impossible to fulfill commitments, just to get your business.

100% Satisfaction Guarantee and Cancellation Policy

For a period of 23 days (total guarantee is 30 days which includes your free trial period) after your initial payment for services you may request a refund of your service fees (does not apply to the dedicated server option). We will provide a 100% refund of your money upon your receipt of cancellation to us via email, telephone or ordinary mail. Your notice must reach us by 12 a.m. on or before the 15th of service as outlined above. Please do not apply a chargeback to your credit card in lieu of the above procedure. Those that take this route will not receive the 100% satisfaction guarantee. If at anytime after the 30 day satisfaction guarantee program, you have a valid cause to cancel the service, simply contact us and we will he happy to accommodate you. We are reasonable people and are always willing to work things out with others of the same mind.

Dedicated server customers must provide notice of cancellation within 30 days prior to the next month of full service. For example, you decide to cancel your service on the 15th of the month. We must receive notice on or before the 15th of the month and the service will be cancelled 30 days thereafter. In most cases this would mean an additional payment of 15 days of the agreed upon service fee. There is no refund for set up fees on dedicated servers.

Annual Payment Plans and Free Targeted Traffic

We provide free targeted traffic in accordance with the details supplied on the Targeted Traffic Page. Campaigns do not begin until the guarantee period detailed above has expired.



Our Servers and Your Chattalooga Service

The Chattalooga Service began in November of 2001 and since then we have utilized the Linux/Redhat platform for maximum stability and performance. Currently (as of November 2003) we are using Pentium IV processors with 2.4 GHz and 1 GIG of RAM. Our servers are totally dedicated to the Chattalooga Service. Since November of 2001 our server uptime has averaged 99.23%.

We provide you with a guarantee (SLA - Services Level Agreement) of 98.5% uptime in any given month. Should our server downtime exceed 1.5% in any given month we will credit all customers on the subject server with a maximum of 50% of the monthly fee. This guarantee applies only to the performance of our servers and our local network. We are not responsible for any outages caused by your server or Web hosting company for any reason, or for problems you may encounter with your own computer or local network. In addition any Acts of God such as, floods, earth quake, fire, war or any similar such event are not covered by the terms of this guarantee.

Mission Critical Services

Please read our Mission Critical Page. for details.

Those using our Mission Critical Failover Services will receive an SLA (Services Level Agreement) that guarantees a 99.99% uptime. This agreement is included with the above service.

Representations and Warranties

Your agree and warrant that:

1. Your are 18 years of age or more and have no knowledge or information that may prohibit you from entering into a legally binding contract.
2. If you are acting on behalf of your company or as an agent for a third party you warrant that you have proper legal permission to bind your company or any third party.
3. The information that you or your agent have or will supply to us with regards to personal and financial requirements of the forms and documents associated with this service and site (meaning chattalooga.com and phpliveassist.com), is or will be accurate and complete, and you agree to update it when necessary. Please visit our contact form to do so.
4. You agree that use of this service is solely at your own risk; you further agree that any unauthorized access or breach of your private installation of the Chattalooga Service is your responsibility, unless such access or breach is caused by hackers, DoS attacks or other compromise beyond your control. You agree to never give out your passwords or other access codes to any other party. If you change your passwords for your setup area, you agree to inform us immediately as without access we cannot provide support services.
5. Under no circumstances will Technomax Software and Systems Inc. or Chattalooga.com be liable in any way for any content in your account(s) and/or access originated from your account(s).

You agree that our entire liability, and your exclusive remedy, with respect to any service(s) we provide under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s). Technomax Software and Systems Inc. and its suppliers shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of our services, other than those guarantees or warranties mentioned herein.

Server and Bandwidth Usage

Any attempts to undermine or cause harm to a server is strictly prohibited. You will be responsible for the cost of all repairs to any equipment you have harmed. Our servers/bandwidth may not be the source, intermediary, or destination address involved in: (1) the transmission of Spam (unsolicited commercial email or unsolicited bulk email), flames, or mail bombs in the mediums of Newsgroups, Email, or Fax: (2) Hacks, Server Attacks, Denial of Service Attacks. If you are found to have abused our servers/bandwidth, or any other servers using our service(s), then we will immediately, without warning, disable your account. We also reserve the right to disable any account (after 48 hours notice has been given) that effects normal server/bandwidth operation.

Our servers MRTG graphs shall be the sole authority of the reporting of the bandwidth used by your service and any additional bandwidth usage above that allotted for your service shall be paid on your next billing at the rate of $5 US per Gigabyte. This is NOT prorated - if you use 200 MB more than your allowance you will be billed $5 US.

Upgrade Policy

Upgrade Policy

The one thing that distinguishes the Chattalooga PHP Live Help Service from other similar ASP solutions is our very competitive pricing structure and our unique install of the software for each customer (applies only to Enterprise and Dedicated Server Plans). Upgrades are free for all Chattalooga users including Chattalooga Light and Chattalooga Corporate users.

Use of Your Chattalooga Service

Your Chattalooga Service is intended to be used solely as a CRM (Client Relationship Management) tool to communicate via text chat with existing customers or random site visitors. You agree not to use it for any other purposes other than, that above described and the functions available within your admin area.

You agree not to use the Chattalooga HTML code as generated by the application within your admin area on more than the number of domains allowed as per your service option. This domains must be owned by you or your company. There are no exceptions to this rule. If this trust is broken you service is subject to disconnection.

Credit Card Services

Our credit card services are handled by 2checkout.com. We never see your credit card details. You should never respond to any email from us or 2checkout.com asking you for your credit card details or to go to a site to update them. We will never ask you for you credit card details and either will 2checkout.com, so if someone does, they are likely very bad people.

Unless you specifically ask us not to do so, payments are automatically processed on their due date.

Consent

You have read and fully understand this document and by processing your payment for the service, you agree to abide by the above terms and conditions. At some point prior to the expiration of your guarantee period of the selected service, you will be asked to print and sign a copy of this agreement and fax it to us.

Dated this       day of                   , 200

Your City and State/Province:

Your Full Legal Name:

Your Signature and Date:

Witness Signature:

Witness Name and Address: