For any service or engagement specific to, or in pursuit of, Uptime Institute awards of “Activated” and/or “Stamp of Approval,” the following terms and limitations apply. Any contract, purchase order, or work authorization based upon this proposal is subject to the limitations set forth below.

All Uptime Institute Efficient IT (UIEIT) Awards will have validity periods of one year for Activated and two years for Stamp of Approval. The UIEIT Activated shall reflect a commitment to the principles of the assessment and require reassessment within 1 year. The UIEIT Stamp of Approval shall reflect the design, operations, and leadership reviewed during the site visit and in-office reviews and is awarded to a specific data center. Should an awardee attempt to apply an UIEIT Award to previous or future program or other data center(s) will result in potential revocation of award, at Uptime Institute's full discretion. Additionally, if the conditions leading to the UIEIT Award are no longer in place or have notably varied from UIEIT criteria, then Uptime Institute reserves the right to withhold award(s) or remove any award(s) from its own website or other public placement.

Due to the limited nature of the services provided, with regard to the reviewed design, operations, and leadership of the site, 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. Uptime Institute Professional Services provides recommendations and projected savings but makes no guarantees as to the actual savings nor accepts responsibility for unintended impact of implementing said recommendations. Further, Uptime Institute Professional Services does not represent or warrant that your 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 site 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.