Legal
Overview.

1. Jurisdictional Eligibility, Age of Majority, & Geographic Restrictions

Access to the Services is strictly predicated upon the Client's legal domicile. The Company restricts account provisioning exclusively to verified citizens and legally registered corporate entities residing within Canada and the United States of America.

By executing this Agreement, the Client formally warrants that they satisfy this geographic condition and possess the legal age of majority and requisite capacity in their respective jurisdiction to form a legally binding contract. The Company reserves the unilateral right to mandate cryptographic identity verification (KYC). The utilization of proxy networks, VPNs, or falsified billing instruments to obfuscate jurisdictional origin constitutes a material breach of this Agreement, resulting in immediate, uncompensated termination.

2. Unmanaged Infrastructure Architecture & Liability Extinguishment

The Company provisions strictly "unmanaged" bare-metal and virtualized compute environments. The Company explicitly disclaims any fiduciary or operational duty regarding the Client's deployed software stack.

• 2.1 Company Covenants: The Company is solely responsible for maintaining the physical hardware matrix, hypervisor stability, electrical redundancies, and Layer 2/3 network reachability to the node's external interface.
• 2.2 Client Liabilities: The Client assumes absolute and exclusive responsibility for the configuration, patching, firewall implementation, disaster recovery, and overall security posture of the operating system and application layers. The Company provides no software support and will not execute interventions to remediate application-level faults.

3. Subordination to Upstream Master Agreements

The Client acknowledges that the Company procures underlying datacenter footprint, power, and IP transit from specialized upstream providers ("Upstream Providers"). Consequently, this Agreement, and the Client's use of the Services, is strictly subordinate to the Acceptable Use Policies and General Terms imposed by said Upstream Providers.

• 3.1 OVHcloud Master Agreement (Canada): Incorporate by Reference
• 3.2 Cyberri Technologies Inc. Master Agreement: Incorporate by Reference

Actions by the Client that trigger sanctions, null-routes, or contractual penalties from Upstream Providers constitute an incurable material breach of this Agreement.

4. Remuneration, Taxation, & Refundability Covenants

• 4.1 Financial Obligations: All financial obligations are calculated, invoiced, and rendered exclusively in Canadian Dollars (CAD). Applicable federal and provincial taxes (e.g., GST/HST) are appended based on the Client's verified domicile.
• 4.2 Prepaid Model: The Services are provisioned strictly on a prepaid, flat-rate monthly cadence.
• 4.3 Initial 48-Hour Right of Rescission (Evaluation Period): Notwithstanding the general prohibition on refunds, newly registered Clients are granted a singular, strict forty-eight (48) hour evaluation window commencing at the precise cryptographic timestamp of their initial Service deployment. If the Client elects to terminate the Service within this exact 48-hour temporal boundary, they may formally request and receive a complete reimbursement of their initial remittance. This right of rescission is exclusively applicable to the Client's first provisioned node and is irrevocably voided if the Client engages in any Acceptable Use Policy (AUP) violations during the evaluation epoch.
• 4.4 Standard Non-Refundability Covenant: Upon the expiration of the 48-hour rescission window, and due to the immutable allocation of dedicated physical resources, all remittances become unconditionally final and non-refundable, to the maximum extent permitted by applicable consumer protection laws. The Company expressly disclaims any obligation or liability to issue prorated refunds for voluntary mid-cycle cancellations or for Services terminated pursuant to policy infractions.
• 4.5 Default and Asset Forfeiture: Failure to satisfy an invoice by the specified due date triggers automated suspension protocols. Following a brief grace period determined at the Company's sole discretion, the targeted compute nodes will undergo cryptographic destruction, resulting in the permanent forfeiture of all resident data.

5. Data Retention & Disaster Recovery Liabilities

The Client bears absolute and unilateral responsibility for the implementation of cryptographic backups. Any snapshot, automated backup, or archival tools provided by the Company are offered strictly "as-is" without warranty of utility, integrity, or restorability.

The Company shall not be held liable, under any legal theory (including negligence), for data corruption, deletion, or loss originating from hardware faults, network partitioning, malicious intrusions, or Client error.

6. DDoS Mitigation & Network Preservation Protocols

The Company provisions automated L3/L4 Distributed Denial of Service (DDoS) mitigation via Upstream Provider matrices. While volumetric scrubbing is provided without supplemental transit fees, it does not guarantee uninterrupted availability during extreme threshold events.

To preserve the integrity of the aggregate infrastructure, the Company retains the unilateral right to instantly "null-route" (blackhole) any Client IP address subjected to a volumetric attack that threatens collateral damage to adjacent tenants or core routing hardware.

7. Statutory Copyright Compliance

The Company strictly adheres to the Copyright Modernization Act and the statutory "Notice and Notice" framework. Upon receipt of a legally compliant infringement notice, the Company shall transmit said notice to the offending Client. Failure to execute prompt remediation, or the operation of services explicitly designed for mass infringement, shall trigger immediate suspension protocols.

8. Limitation of Liability

To the maximum extent permitted by applicable jurisprudence and consumer protection legislation, and except in instances of verified gross negligence or willful misconduct, in no event shall ColdHardSilicon Systems Inc., its officers, directors, employees, or upstream partners be liable for any indirect, incidental, special, consequential, or punitive damages. This exclusion applies explicitly to claims involving the loss of prospective profits, data destruction, business interruption, or reputational damage, regardless of whether the claim sounds in contract, tort, strict liability, or statutory mandate.

Unless strictly mandated by overriding consumer protection laws, under no circumstances shall the Company's aggregate, cumulative liability arising out of this Agreement exceed the total remuneration actually paid by the Client for the specific Service giving rise to the claim during the three (3) month period immediately preceding the triggering event.

9. Indemnification

The Client agrees to completely defend, indemnify, and hold harmless ColdHardSilicon Systems Inc. from any demands, claims, judgments, liabilities, or encumbrances (including reasonable legal counsel fees) initiated by any third party arising out of: (a) the Client's breach of this Agreement; (b) the Client-Hosted Content; or (c) any unlawful actions executed through the Client's provisioned infrastructure.

10. Modifications & Right to Terminate

To the maximum extent permitted by applicable consumer protection laws, the Company reserves the right to amend, modify, or append provisions to this Agreement at any time. Material alterations will be transmitted via electronic notice to the Client's registered email address no less than thirty (30) days prior to their effective date. If the Client fundamentally objects to the amended terms, their sole and exclusive remedy is to execute a formal termination of Services prior to the effective date. The Client's continued utilization of the Services subsequent to the effective date constitutes binding, irrevocable ratification of the modified terms.

11. Governing Law, Jurisdiction, & Dispute Resolution

• 11.1 Governing Law: This Agreement shall be construed and enforced exclusively in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada, completely excluding conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods is explicitly rejected.
• 11.2 Exclusive Venue: Subject to overriding consumer protection laws that may mandate a local venue, the Client irrevocably consents to the exclusive personal jurisdiction of the provincial and federal courts situated in Windsor, Ontario, Canada, for the adjudication of any dispute arising from this Agreement. The defense of forum non conveniens is expressly waived.
• 11.3 Class Action Waiver: To the maximum extent permitted by applicable consumer protection laws, all adjudicatory proceedings shall be executed strictly on an individual basis. The Client expressly waives any right to participate in consolidated, representative, or class-action litigation against the Company.

12. Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable—specifically including provisions restricted by applicable provincial consumer protection legislation—such provision shall be modified to the minimum extent necessary to render it enforceable, or severed entirely if modification is impossible. The invalidity or unenforceability of any single provision shall not impair, invalidate, or otherwise affect the remaining provisions of this Agreement, which shall remain in full force and effect.

1. Data Residency & Hybrid Sovereignty Processing

The Company is a federally incorporated Canadian entity operating under a "Hybrid Sovereignty" processing model. To balance stringent data residency requirements with operational efficiency, the Company enforces the following jurisdictional processing standards:

• 1.1 Primary Infrastructure (Canadian Data Residency): All core Client infrastructure—including virtual machines, shared hosting containers, and associated application data—is provisioned and maintained exclusively on physical hardware located within secure datacenter facilities geographically situated within Canada. Furthermore, the Company's primary administrative database (the definitive system of record containing Client account profiles, cryptographic credentials, and support chronologies) is self-hosted entirely on Canadian infrastructure.
• 1.2 Administrative Sub-Processing (Cross-Border Transfer): To facilitate essential business operations, including secure payment processing and high-availability transactional communications, the Company retains specialized, legally compliant third-party service providers (Sub-processors) located primarily in the United States. The Company has conducted Privacy Impact Assessments (PIAs) to ensure that these Sub-processors provide protection essentially equivalent to that mandated under Canadian and provincial law.

Express Consent to Cross-Border Transfer: By executing an agreement for Services, the Client expressly acknowledges and consents to this bifurcated processing model. The Client accepts that while their provisioned infrastructure remains strictly within Canadian jurisdiction, necessary administrative metadata (including, but not limited to, names, contact email addresses, and payment tokenization data) will be subject to cross-border transfer solely for the execution of billing and communication functions.

2. Categories of Information Collected

In the course of providing our unmanaged infrastructure Services, the Company collects and processes the following distinct categories of data:

• 2.1 Account and Identity Data: Upon registration, we collect full legal names, physical billing addresses, email addresses, telephone numbers, and corporate entity information. This data is strictly required for identity verification, fraud prevention, and the enforcement of geographic service restrictions.
• 2.2 Financial and Transactional Data: We collect requisite billing information to facilitate remuneration for Services rendered. The Company does not store complete primary account numbers (PAN) or credit card details on our local infrastructure. Such data is transmitted directly to and processed by our secure, PCI-DSS compliant third-party payment gateways, which return secure tokens and metadata for local retention.
• 2.3 Telemetry and Operational Data: The Company systematically logs network access events, IP addresses, user-agent strings, and session data generated by interactions with our web portals. At the infrastructure layer, we utilize automated systems to monitor node-level telemetry (CPU, RAM, bandwidth utilization) exclusively for the purposes of precise billing tabulation and the preservation of network integrity.
• 2.4 Client-Hosted Content (Disclaimer of Knowledge): The Company acts strictly as a neutral infrastructure provider. The Client maintains absolute cryptographic and administrative control over the applications, databases, and files (collectively, "Client-Hosted Content") residing on their deployed compute nodes. The Company does not monitor, index, or inspect Client-Hosted Content, nor do we claim any knowledge of its nature, unless legally compelled by a valid warrant or subpoena issued by a court of competent jurisdiction.

3. Utilization of Tracking Technologies

The Company’s web properties utilize cookies, web beacons, and equivalent tracking technologies essential for session management, cryptographic authentication, and the functional delivery of the Client Portal. While Clients may configure web browsers to reject such technologies, doing so will materially impair or wholly prevent secure authentication and access to the management portals.

4. Purpose and Legal Basis for Processing

The Company restricts the processing of collected data to legitimate commercial purposes, explicitly including:

• 4.1 Infrastructure Administration: Provisioning, administering, and maintaining the infrastructure environments requested by the Client.
• 4.2 Financial Processing: Executing financial transactions, issuing invoices, and resolving billing discrepancies.
• 4.3 Policy Enforcement: Enforcing the Company’s Master Services Agreement (MSA), Terms of Service (TOS), and Acceptable Use Policy (AUP).
• 4.4 Threat Mitigation: Identifying and mitigating fraudulent registrations, network abuse, and Distributed Denial of Service (DDoS) attacks.
• 4.5 Administrative Communication: Disseminating critical operational notices, including emergency maintenance advisories and security bulletins.

5. Disclosure to Third Parties

The Company expressly disclaims any sale, rental, or unauthorized commercialization of Personal Information. Disclosure to third parties is strictly limited to the following operational necessities:

• 5.1 Upstream Infrastructure Partners: We engage specialized upstream providers for physical datacenter colocation and network transit. The Company may transmit aggregated network telemetry (e.g., attack-vector IP addresses) to these partners strictly for dynamic routing enforcement and DDoS mitigation.
• 5.2 Administrative Sub-Processors: Pursuant to Section 1.2, we disclose minimal necessary Account and Financial Data to trusted global service providers exclusively to execute payment processing, automated fraud analysis, and transactional email delivery.
• 5.3 Law Enforcement and Legal Compulsion: The Company will disclose Personal Information and/or Account Data when legally mandated by subpoena, court order, or equivalent legal process originating from Canadian judicial authorities. In the event of severe AUP violations involving illicit material (e.g., CSAM), the Company reserves the right to proactively terminate Services, preserve evidence, and report the Client to the Royal Canadian Mounted Police (RCMP) and relevant international child protection agencies.

6. Data Security and Limitation of Liability

The Company implements rigorous, industry-standard administrative, physical, and technical safeguards designed to secure the Personal Information retained within our self-hosted management portals against unauthorized access, alteration, or destruction.

Disclaimer Regarding Unmanaged Infrastructure: The Client acknowledges that the Company provides "unmanaged" infrastructure Services. The Client bears sole and exclusive responsibility for the configuration, patching, and security of the operating systems, applications, and Client-Hosted Content residing on their provisioned infrastructure. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM DATA BREACHES, DATA LOSS, MALWARE INFECTIONS, OR UNAUTHORIZED ACCESS OCCURRING AT THE OPERATING SYSTEM OR APPLICATION LAYERS ADMINISTERED BY THE CLIENT.

7. Data Retention and Immutable Archival

The Company retains Personal Information strictly for the duration necessary to fulfill the operational purposes delineated herein, or as mandated by overarching statutory requirements (e.g., federal tax regulations requiring the preservation of financial records for seven years).

7.1 Immutable Disaster Recovery Architecture: To protect the Company's administrative infrastructure against catastrophic failure or ransomware, our disaster recovery protocols employ immutable object storage locks. Therefore, upon the execution of a Client data deletion request, the targeted data is immediately obfuscated in primary systems but may persist in secure, encrypted, immutable archival tiers for a maximum period of thirty (30) days prior to permanent, irreversible cryptographic destruction.

8. Statutory Privacy Rights

Subject to applicable Canadian federal and provincial laws, Clients possess the following statutory rights regarding their Personal Information:

• 8.1 Right to Access: The right to request comprehensive access to the Personal Information held by the Company.
• 8.2 Right to Rectification: The right to demand rectification of materially inaccurate or incomplete data.
• 8.3 Right to Erasure: The right to request the erasure or anonymization of Personal Information, subject to the Company's overriding legal retention obligations and the immutable archival limitations detailed in Section 7.1.
• 8.4 Right to Data Portability: The right to Data Portability, allowing you to receive a copy of your personal data in a structured, commonly used, and machine-readable format.

Clients may exercise these rights by submitting a formal written request to the designated Privacy Officer at privacy@coldhardsilicon.com. The Company shall acknowledge and fulfill valid requests within thirty (30) days, as mandated by law.

9. Breach Notification Protocols

In the event of a verified security incident resulting in the unauthorized compromise of Personal Information that presents a real risk of significant harm (RROSH) to the Client, the Company will execute its mandatory breach reporting protocols. The Company will notify the affected Client(s) and the Office of the Privacy Commissioner of Canada (and applicable provincial commissioners) as expeditiously as feasible, detailing the nature of the breach and the prescribed remediation measures.

10. Modifications to this Policy

The Company reserves the unilateral right to amend, modify, or update this Policy at any time to reflect changes in jurisprudence, regulatory requirements, or operational practices. Material modifications will be communicated to active Clients via the Client Portal or electronic mail. A Client's continued utilization of the Services subsequent to the posting of a revised Policy shall constitute binding acceptance of the amended terms.

1. Binding Incorporation of Upstream Policies

The logical footprint provisioned to the Client utilizes physical transport networks governed by strictly enforced Upstream Provider agreements. The Client is prohibited from executing any action that infringes upon the acceptable use parameters mandated by these entities.

• 1.1 OVHcloud Acceptable Use Framework: Binding External Policy
• 1.2 Cyberri Technologies Inc. Framework: Binding External Policy
• 1.3 Resolution of Conflict: Should an operational conflict arise between the Company's AUP and an Upstream Provider's AUP, the most restrictive protocol shall automatically dictate enforcement parameters.

2. Prohibition of Malicious Network Interference

The Client is strictly prohibited from utilizing the provisioned infrastructure to orchestrate, participate in, or obfuscate any form of malicious network interference, including but not limited to:

• 2.1 Volumetric Exploitation: Sourcing Denial of Service (DoS) attacks, Distributed Denial of Service (DDoS) streams, or executing packet amplification reflection techniques.
• 2.2 Unauthorized Probing: Executing aggressive port scans, automated vulnerability reconnaissance, packet sniffing, or unauthorized ICMP flooding against external networks.
• 2.3 Header Falsification: Forging TCP/IP packet headers, MAC address spoofing, or manipulating SMTP headers to disguise traffic origin.
• 2.4 Intrusion Operations: Directing credential brute-force attacks, exploiting CVE vulnerabilities on unconsenting targets, or deploying command-and-control (C2) servers.
• 2.5 Unsecured Reflection Vectors: Operating misconfigured open proxies, recursive open DNS resolvers, or unsecured NTP daemons capable of being leveraged in reflection attacks.

3. Absolute Prohibition of Unsolicited Commercial Email (UCE)

The Company actively defends the cryptographic reputation of its ASN and associated IP blocks. The transmission of Unsolicited Commercial Email (Spam) constitutes an incurable breach.

• 3.1 Port 25 Quarantines: Outbound SMTP traversal via Port 25 may be cryptographically sealed by default. Exemption requests require rigorous manual justification and identity verification.
• 3.2 Bulk Distribution Frameworks: The deployment of unverified newsletter dispatchers, spam syndication suites, or scraped-list distribution hubs is unequivocally prohibited.
• 3.3 Statutory Alignment: Permitted transactional email routing must maintain strict conformity with the Canadian Anti-Spam Legislation (CASL) and the CAN-SPAM Act.
• 3.4 DNSBL Listing Penalties: If a Client's actions result in the listing of Company IP space on authoritative blacklists (e.g., Spamhaus, Barracuda), the associated account will be instantly annihilated.

4. Prohibition of Illicit Content & Law Enforcement Cooperation

Infrastructure is strictly limited to the hosting of content deemed lawful under the federal statutes of Canada and the provincial statutes of Ontario.

• 4.1 Child Sexual Abuse Material (CSAM): The Company enforces zero tolerance. Instances of CSAM will trigger immediate infrastructure quarantine. The Company will proactively transmit server logs, billing metadata, and network captures to the Royal Canadian Mounted Police (RCMP), the Canadian Centre for Child Protection, and relevant international authorities (e.g., NCMEC).
• 4.2 Malware & Phishing Operations: The staging or distribution of ransomware, rootkits, credential harvesters, or deceptive phishing simulacrums is forbidden.
• 4.3 Financial Fraud Infrastructure: Utilizing nodes to host carding forums, stolen PII dumps, or advanced fee fraud schemes will result in termination and law enforcement referral.
• 4.4 Extremist Catalyzation: Hosting materials designed to incite, coordinate, or materially support acts of terror or violent extremism is prohibited.

5. Intellectual Property & Statutory Notice Regimes

The Company functions as a neutral intermediary and executes compliance protocols aligned with the Copyright Modernization Act.

• 5.1 Notice Forwarding: Upon receipt of an authenticated notice of infringement, the Company will formally transmit the complaint to the registered Client contact.
• 5.2 Remediation Obligation: The Client is bound to execute prompt remediation or present a valid legal counter-notice.
• 5.3 Mass Infringement Platforms: The Company reserves the unilateral right to terminate the network access of Clients who operate platforms inherently architected to facilitate mass infringement (e.g., public tracker indexes, unlicensed IPTV streaming matrices).

6. Prevention of Hardware Degradation & Abuse

Clients are granted robust compute allocations; however, the deployment of workloads designed to deliberately exploit or prematurely degrade physical hardware integrity is prohibited.

• 6.1 Cryptocurrency Mining: The execution of Proof-of-Work (PoW) consensus algorithms (e.g., Monero, Bitcoin) is forbidden due to excessive thermal saturation and localized power draw profiles.
• 6.2 I/O Thrashing: Operating sustained, synthetic I/O workloads intended to artificially degrade enterprise NVMe write-endurance cycles will result in service throttling or termination.

7. Unilateral Enforcement & Remediation Protocols

The Company employs automated network flow analysis to ensure continuous compliance with this Agreement.

• 7.1 Sole Arbiter: The Company operates as the sole and absolute arbiter regarding what constitutes a violation of this Policy.
• 7.2 Preemptive Intervention: The Company may execute preemptive null-routing or VM suspension during active investigations of suspected abuse vectors.
• 7.3 Financial Forfeiture: The execution of an AUP termination protocol results in the automatic and complete forfeiture of all remaining monetary balances. No refunds shall be issued.

1. Infrastructural Availability Covenant (99.9%)

The Company formally covenants to maintain 99.9% monthly infrastructural availability concerning the physical network layer and core hardware nodes underpinning Compute Instances, Shared Capacity, and Reseller Blocks.

In strict accordance with the Unmanaged Infrastructure model, this covenant is confined exclusively to physical component viability (CPU, RAM, NVMe arrays), hypervisor stability, and external Layer 3 network reachability.

2. Precise Delineation of Tabulated Downtime

"Downtime" is rigorously defined as an uninterrupted temporal period wherein the Client's provisioned service remains entirely inaccessible due to an acute failure within the Company's directly administered physical hardware, hypervisor stack, or local edge routing architecture.

Downtime is quantified exclusively via the Company’s proprietary internal telemetry and affiliated Upstream Provider network probes. While external Client-side monitoring diagnostics (e.g., Uptime Robot) may be appended as auxiliary evidence during claim adjudication, such data holds no superseding authority over internal monitoring logs.

3. Strict Exclusions from Availability Tabulation

The Company completely disclaims liability for service interruptions arising from vectors outside its direct physical and administrative purview. The following events are explicitly excluded from Downtime tabulation and void any eligibility for SLA credits:

• 3.1 Client-Induced Software Faults: OS kernel panics, misconfigured iptables/UFW firewalls, database corruptions, application-layer crashes, or unauthorized bootloader modifications.
• 3.2 Upstream Force Majeure & Exogenous Events: Submarine fiber severances, massive Upstream Provider facility power failures, routing transit anomalies outside the Company's AS border, or catastrophic acts of God affecting the wider geographic footprint.
• 3.3 DDoS Mitigation Collateral: Intervals during which a Client’s designated IP address is preemptively null-routed (blackholed) by automated defense systems due to incoming volumetric floods surpassing maximal scrubbing capacity.
• 3.4 Scheduled Maintenance Windows: Prescribed infrastructural maintenance periods formally broadcast via the Client Portal (Core) or electronic mail with a minimum 48-hour operational notice.
• 3.5 Emergency Security Remediation: Unscheduled, immediate hypervisor or router reboots executed to patch critical, zero-day security vulnerabilities threatening aggregate node integrity.
• 3.6 Punitive Suspensions: Service inaccessible resultant from billing arrears, cryptographic suspension, or active Acceptable Use Policy (AUP) enforcement actions.

4. Calculation & Issuance of Service Credits

Should the Company’s tabulated metrics verify a failure to satisfy the 99.9% availability covenant within a specific calendar month, the Client shall be entitled to request a Service Credit. Service Credits are strictly calculated as a fixed percentage of the base recurring subscription fee attributed solely to the degraded node (excluding auxiliary add-ons, software licenses, or setup surcharges).

Credit Limitations: The cumulative Service Credits authorized in any contiguous calendar month shall be absolutely capped at 25% of the respective node's base monthly fee. Credits hold zero liquid cash value, are non-transferable, and shall be applied exclusively against the Client's subsequent automated invoice.

5. Exclusivity of Remedy & Waiver of Consequential Damages

To the maximum extent permitted by provincial and federal jurisprudence, the adjudication and application of Service Credits as prescribed herein shall constitute the Client's sole and exclusive remedy, and the Company's maximum total liability, regarding any breach of the availability covenant or any resultant infrastructural degradation.

6. Mandatory Claim Adjudication Procedure

The execution of SLA credits is not automated. The Client must formally initiate the claim adjudication procedure via the authenticated Client Portal (core.coldhardsilicon.com).

• 6.1 Statute of Limitations: The claim must be successfully submitted within fourteen (14) calendar days following the conclusion of the month in which the referenced Downtime transpired. Late submissions are automatically void.
• 6.2 Evidentiary Requirements: The submission must explicitly identify the impacted Service ID/IP Address, document the precise UTC timestamps of the outage, and include applicable external diagnostics (e.g., MTR reports, BGP routing failures).
• 6.3 Final Adjudication: Service Credits are disbursed exclusively upon the Company's internal verification of the fault telemetry, rendered at the Company's sole administrative discretion.