For any service or engagement specific to, or in pursuit of, Uptime Institute Certifications, Stamps, Awards, Seals and all other service designations, the following terms and limitations apply. Any contract, purchase order, or work authorization based upon this designation is subject to the limitations set forth below.
Uptime Institute TIER-Ready will have validity period of 1 year per contracted renewal terms. Uptime Institute TIER-Ready shall reflect the pre-fabricated (prefab) or pre-designed data center solution reviewed and is awarded to a specific solution. Should an awardee attempt to apply an Uptime Institute TIER-Ready to previous or future prefab/pre-designed data center, data center(s), computer room(s), or equipment, will result in potential revocation of award, at Uptime Institute's discretion.
Due to the limited nature of the services provided, with regard to the reviewed prefab/pre-designed data center solution, Uptime Institute Professional Services expressly disclaims all warranties, express or implied, statutory of otherwise, including, without limitation, any implied warranties of fitness for a particular purpose or merchantability. Further, Uptime Institute Professional Services does not represent or warrant that your design or site will be uninterrupted or without failures, errors, omissions or losses.
In no event shall Uptime Institute Professional Services be liable for any indirect, special, incidental, punitive, or consequential damages or lost profits, even if it has been advised of such damage, arising out of, or related to, the services provided pursuant to this award or the performance or breach thereof and Uptime Institute Professional Services’ liability shall not exceed the total amount paid to Uptime Institute Professional Services by the Client for professional services under this engagement.
The Client shall indemnify, hold harmless and defend Uptime Institute Professional Services from and against any claims, liabilities, losses, costs, damages, or expenses (including reasonable attorney’s fees and costs) arising out of the operation or subsequent sale, transfer or other disposition of the Client's site, facility, or assets which is the subject of the professional services, including, but not limited to, claims by customers and suppliers of the Client and acquirers of the Client’s stock or assets.
The engagement and its deliverables, including any aspects of the award, are furnished to the Client and are solely for the benefit of the Client.
All Uptime Institute awards are trademarked by Uptime Institute. Any attempt to amend shape, coloring, or content may result in revocation by Uptime Institute as its own discretion.
Uptime Institute reserves the right to revoke the TIER-Ready designation and all rights and privileges therein, if Client directly or indirectly promotes this as an alternative to Tier Certification or fails to comply with any program requirements, including but not limited to, sharing of end client contact information to solicit for Tier Certification.
