Fit Servers Hardware as a Service Addendum

  1. HaaS Lease Agreement

    This Hardware as a Service Lease Agreement ("Haas") is a contractual agreement between Fit Servers LTD and the Client for the Lease or Lease to own specific computer hardware equipment. The equipment is exclusively located, managed, and supported within a Fit Servers LTD facility.

  2. Term

    The duration of the Haas agreement is determined upon the execution of a valid Service Order Form ("SOF") and extends for 12, 24, or 36 months, respectively. Upon the expiration of the initial Term, the agreement undergoes automatic renewal for an additional Term. The Client has the option to take full possession of the hardware or to continue its use monthly with no Buyout provision.

  3. Client Buyout

    Upon execution of the Service Order Form, the Client has the option to purchase the hardware at the end of the Term if the Lease to Own option is specified on the Service Order Form. The Client must elect on the relevant Service Order Form to either buy the specified hardware at the agreed-upon Term's conclusion or continue usage every month. The Buyout price is one dollar ($1.00) for each specified piece of hardware. Each SOF involving leased Hardware constitutes a separate lease-to-own agreement, binding upon execution by the Parties, their successors, legal representatives, and permitted assigns. The terms herein and in such SOF or Order Forms govern the lease to purchase and use the Hardware.

  4. Order Verification & Know Your Customer (KYC) Policy:

    To ensure network security and accurate account provisioning, Fit Servers enforces a strict Know Your Customer (KYC) policy. We welcome customers from all countries, including Russia, but strictly require you to provide your original full name, email address, phone number, physical address, country, and postal code during signup. Please note that using a VPN while placing an order is prohibited and will result in an automatic order rejection. If you provide fake information, you will be given one final chance to correct it; however, failure to provide accurate KYC data will result in an immediate account ban, frozen payments, and a strict no-refund policy. We highly respect your privacy and guarantee that these verification details are used solely for internal purposes and will never be sold, leaked, or shared with unauthorized third parties.

  5. Monthly Payment

    The Client is responsible for paying the specified monthly fee as outlined in the Service Order. A Setup fee, equivalent to one monthly payment of the Hardware as a Service Agreement, may be incurred. Interest on past-due balances will be 10% per month.

  6. NO PREPAYMENT PENALTY

    If the Client opts for a Lease to Own arrangement, no prepayment penalty is applicable. Lessee may purchase the relevant Hardware before the HOF's expiration by paying all monthly rental amounts in advance. Upon receipt of all owed funds, Lessor will transfer all rights, title, and interest in the applicable Hardware subject to sale.

  7. Installation and Use of Equipment

    As chosen by the Client, Fit Servers LTD will furnish suitable facilities and electricity in one of its managed facilities. The Client will retain possession of the equipment in a licensed space, removable from a Fit Servers LTD facility only upon Buyout. Fit Servers LTD will handle all alterations, upgrades, and modifications to the Equipment.

  8. Maintenance, Repairs, and Best Effort Support

    The monthly service payment includes all costs for hardware, software, operating systems, and necessary labor to maintain the Equipment Schedule(s) listed in the Service Order Form. Fit Servers LTD will provide Best Effort Support, while the Client is responsible for:

    • Using all Equipment lawfully.
    • Ensuring adequate backup for critical business data stored on computer hardware.
    • Allowing only Fit Servers LTD to determine appropriate software updates. Any maintenance by others may result in additional charges for labor-related repairs.

  9. Hardware Replacement

    In case of hardware operational issues, the Client shall open a support ticket with Fit Servers LTD Support at support@fitservers.com Fit Servers LTD will respond to service requests within 15-30 minutes and repair or replace the faulty hardware as needed. Any repairs due to misuse or third-party intervention will be at the Client's expense. Fit Servers LTD retains discretion in determining necessary hardware upgrades and any subsequent increase in the Client's monthly fees.

  10. System Backups

    The Client is accountable for conducting routine backups of their content to a remote location. Fit Servers LTD bears no responsibility and waives liability for data loss due to system or hardware failure.

  11. Guaranteed Response Time

    Fit Servers LTD guarantees acknowledgment of any service request within 15-30 minutes.

  12. Security Interest

    Fit Servers LTD holds a security interest in computer hardware. In case of Client default, Fit Servers LTD reserves the right to repossess all provided computer equipment, regardless of Order or Service Order(s).

  13. Default

    The Client defaults if:

    • Failing to pay any installment of the Monthly Payment.
    • Attempting to sell, trade, or exchange the Equipment with a third party.
    • Failing to comply with other obligations outlined in this agreement.
    • Ceasing business operations.

  14. Ownership and Inspection

    The computer hardware remains in the Client's possession at all times, subject to Buyout. It is understood that the Equipment is separately identifiable personal property.

    • The Client must keep the Equipment free of any liens or encumbrances.
    • Fit Servers LTD or its agents retain access to the Equipment at reasonable times for inspection or other purposes as per this Agreement.
    • Any damage or loss concerning the Equipment must be promptly reported to Fit Servers LTD.

  15. Service Level Agreements (SLA)

    Fit Servers will not release user or client Personally Identifiable Information (PII) except upon presentation of a valid court order or legal requirement. Users agree to Fit Servers’s judgment regarding the validity of such requests.

    • REPLACEMENT

      A 4 Hour Hardware Replacement Guarantee is provided. Fit Servers will replace failed hardware located within Fit Servers's data center within 4 hours of identification and Client notification of the failure.

    • COMPENSATION

      Failure to replace hardware within 4 hours will result in Fit Servers crediting Client for one day of their monthly hosting charges. Additional credits are given for every four-hour block beyond the initial guarantee, up to 100% of the monthly payment if needed. Requests for credit must be submitted within 7 days of hardware replacement.

    • DISCLAIMER

      Please note that the replacement guarantee applies solely to the failed hardware. Time taken to reload the operating system and applications, apply data restorations, and backups, if required, is not counted towards the hardware outage.