TERMS AND CONDITIONS OF SERVICE

1. Acceptance of Terms

By requesting, using, or continuing to use services provided by [Company Name] (“Company,” “we,” “us”), the customer (“Client,” “you”) agrees to these Terms and Conditions.

Use of services constitutes acceptance, whether or not a written agreement is signed.

2. Services Covered

These Terms apply to all services provided by Company, including but not limited to:

• Website and server hosting

• Email hosting and management

• Managed IT (MSP) services

• Security software and monitoring

• Data backup and recovery services

• Cloud services

• Help desk and remote support

• On-site technical services

• Consulting and project work

3. Billing and Payment

3.1 Fees

Services are billed according to the pricing communicated to Client via proposal, invoice, or service description.

3.2 Payment Terms

Unless otherwise stated:

• Invoices are due upon receipt or within 10 days

• Services may be billed monthly, annually, or per project

• Recurring services constitute a continuous subscription

3.3 Late Payments

Failure to pay by the due date may result in:

• Late fees

• Interest charges (up to the maximum allowed by law)

• Suspension of services

• Termination of services

• Collection actions

Client is responsible for all reasonable costs of collection, including attorney’s fees where permitted by law.

4. Suspension for Non-Payment

Company reserves the right to suspend or restrict services without further notice if payment is not received when due.

Suspension may include, but is not limited to:

• Email access

• Website availability

• Remote access

• Security monitoring

• Backup operations

• Technical support

Services will be restored after payment of all outstanding balances and applicable reinstatement fees.

Company is not liable for any damages or losses resulting from suspension due to non-payment.

5. Term and Commitment

Recurring services may require a minimum term (e.g., annual commitment billed monthly).

Early termination by Client does not relieve responsibility for remaining committed payments unless otherwise agreed in writing.

6. Data Ownership and Access

Client retains ownership of its data.

During suspension or termination:

• Company may restrict access to services

• Data will be retained according to Company’s retention policies

• Data restoration or export may require payment of outstanding balances and applicable fees

Company is not responsible for data loss resulting from Client failure to maintain payment.

7. Backup Services Disclaimer

Backup services are provided as a convenience and risk-reduction measure only.

Company does not guarantee:

• Complete data integrity

• Successful recovery in all circumstances

• Protection against all types of data loss

Client remains responsible for maintaining independent backups of critical data.

8. Security Services Disclaimer

Security software and monitoring reduce risk but do not eliminate it.

Company does not guarantee prevention of:

• Cyberattacks

• Malware or ransomware

• Unauthorized access

• Data breaches

Client is responsible for maintaining appropriate cyber insurance and internal security practices.

9. Support Services

Support may be provided:

• Remotely

• By telephone or email

• On-site

On-site services may incur additional charges including travel time and expenses.

Response times are targets, not guarantees, unless explicitly stated in a Service Level Agreement (SLA).

10. Third-Party Services

Company may provide or resell third-party products and services.

Client agrees that:

• Use of such services is subject to the third party’s terms

• Company is not responsible for third-party outages or failures

• Licensing fees are non-refundable

11. Limitation of Liability

To the maximum extent permitted by law:

Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to:

• Loss of business

• Loss of profits

• Loss of data

• Business interruption

Company’s total liability for any claim shall not exceed the amount paid by Client for services during the three (3) months preceding the event giving rise to the claim.

12. No Warranty

Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied.

13. Client Responsibilities

Client agrees to:

• Provide accurate information

• Maintain appropriate security practices

• Comply with applicable laws

• Use services for lawful purposes only

• Maintain current backups of critical data

14. Termination

Company may terminate services for:

• Non-payment

• Violation of these Terms

• Illegal or abusive use

• Risk to Company systems or personnel

Termination does not waive Client’s obligation to pay outstanding balances.

15. Indemnification

Client agrees to indemnify and hold Company harmless from claims arising from Client’s use of services, including legal fees where permitted.

16. Force Majeure

Company is not liable for failure to perform due to events beyond reasonable control, including natural disasters, outages, or acts of third parties.

17. Governing Law

These Terms are governed by the laws of the State of California.

Any disputes shall be resolved in the courts located in [Your County], California.

18. Changes to Terms

Company may update these Terms at any time. Continued use of services constitutes acceptance of updated Terms.

19. Entire Agreement

These Terms, along with invoices, proposals, and service descriptions, constitute the entire agreement between Company and Client unless superseded by a written contract signed by both parties.