In these Conditions, the Rate Schedule and every Quote, Order, Plan contract, or other arrangement in connection with the supply of Goods or Services by IT Hub LLC the following words have the following meanings:
“After Hours” means from 5:00 PM – 08:00 PST Monday to Friday and all-day Saturday and Sunday, including Public Holidays.
“Business Hours” means Monday to Friday from 08:00 AM to 5:00 PM PST excluding Public Holidays.
“Client”, “You” or “Your” means a person who seeks or obtains a quote for, or who orders, Goods or Services from Us, and includes both a person whose name is on the Order or on an email attached to which is an order, a person who places an order, and a person on whose behalf an Order is placed, and in any case each of their heirs, successors and assigns.
“Conditions” means these terms and conditions.
“Goods” means any goods and/or services sourced by Us or provided by Us in connection with any such goods and/or services including computer hardware and Software and any goods or services provided in connection with any of those things.
“Order” means any order requested by You to Us for Goods or Services in any form.
“Quote” means a quote provided to You by Us.
“Period” means a particular number of half-days, days, weeks, fortnights, months, or any other period, as may be agreed between Us and You as the period during which some Services will be provided.
“Plan” means any arrangement between Us and You for Services (including unlimited support) and/or the provision of Goods provided by Us in connection with Work agreed to be done for or on behalf of You, including as set out in a Plan Schedule.
“Plan Schedule” means the key terms applicable to Plans as set, and as may be varied by Us, from time to time in its absolute discretion without notice to You.
“Public Holidays” means any day which is a public holiday throughout the United States of America and California.
“Rates” means the hourly rates and other charges for Services (including any call-out fees and any Return/Cancellation Fees) set out in the Rates Schedule, a Plan, Plan Schedule, Quote, contract or arrangement entered into by Us and You or in these Conditions, and includes any monies payable to Us on a quantum meruit basis for any work it has done.
“Rate Schedule” means the schedule of rates, charges and conditions for the services of Ours as set, and as may be varied, by Us from time to time in its absolute discretion without notice to You.
“Reasonable Assistance Limits” has the meaning set out in clause 18.2.
“Return/Cancellation Fee” means a fee charged pursuant to clause 12.5 as set by Us from time to time.
“Service request” means a request for service such as adds, moves, changes and technical assistance.
“Services” means the provision of any services by Us including Work, advice and recommendations.
“Software” includes software and any installation, update, associated software and any services provided in connection with any of these things.
“Us”, “Our” or “We” means IT Hub LLC and its heirs, successors and assigns; and
“Work” means anything We may do, provide, customize, produce or acquire, whether or not in connection with, or for the purposes of, You or Your use or benefit, and includes testing, troubleshooting, installation and configuration of new equipment or software, consulting, scoping, planning, documenting and quoting for complex items.
In these Conditions, the Rate Schedule and every Quote, Order, Plan, contract, or other arrangement in connection with the supply of Goods or Services by Us, unless the contrary intention appears: words denoting the singular number only shall include the plural number and vice versa; reference to any gender shall include every other gender; headings and words put in bold are for convenience of reference only and do not affect the interpretation or construction of these Conditions; all references to dollars ($) are to US Dollars; a reference to time is to the Pacific Standard/Daylight Time Zone; a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa; a reference to a recital, clause, schedule, annexure or exhibit is to a recital, clause, schedule, annexure or exhibit of or to these Conditions; a recital, schedule, annexure or description of the parties forms part of these Conditions; a reference to any agreement or document is to that agreement or document as amended, novated, supplemented or replaced from time to time; where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; a reference to “includes” means includes without limitation; a reference to “will” imports a condition not a warranty; and a reference to bankruptcy or winding up includes bankruptcy, winding up, liquidation, dissolution, becoming an insolvent under administration, being subject to administration and the occurrence of anything analogous or having a substantially similar effect under the law of any applicable jurisdiction.
Unless otherwise agreed by Us in writing, these Conditions are deemed incorporated in and are applicable to (and to the extent of any inconsistency will prevail over) the terms of every Quote, Order, Plan, contract, or other arrangement in connection with the supply of Goods and/or Services by Us to You. The invalidity or enforceability of any one or more of the provisions of this Agreement will not invalidate, or render unenforceable, the remaining provisions of this Agreement.
The minimum term that You acquire the service for is outlined in Our Quote to You, beginning from the first of the next month after the date of signing or approving the Quote, unless specified otherwise on the quote.
After the expiry of the Committed Term, an extension of the Term will automatically commence for the same period as the original Committed Term and will continue indefinitely, unless earlier terminated by you as specified in Clause 4.
Additions Made During Committed Service Term: A Committed Service Term applies to the initial Services, Software or Plans in an Order and to any Services, Software or Plans added thereafter. Services, Software or Plans, including those added after the original Start Date, may not be decreased during the relevant Committed Term even if you are not fully using all Services, Software or Plans. All Services, Software or Plans in a Committed Term terminate on the same date. Any optional or add-on features added after the start of the Term will also co-terminate with the original Term and may not be decreased during the relevant Term.
This Agreement may be terminated by You upon ninety (90) days written notice if We: (4.1.1) fail to fulfil in any material respect its obligations under this Agreement and do not cure such failure within thirty (30) days of receipt of such written notice; (4.1.2) breach any material term or condition of this Agreement and fail to remedy such breach within thirty (30) days of receipt of such written notice; or (4.1.3) terminate or suspend our business operations, unless it is succeeded by a permitted assignee under this Agreement.
This Agreement may be terminated by Us upon ninety (90) days written notice to you.
If either party terminates this Agreement, we will assist you in the orderly termination of services, including timely transfer of the services and passwords to You or another designated provider. You agree to pay us for rendering such assistance at our normal rates as outlined in our current Rate Schedule.
Should You wish to terminate this Agreement before the end of the commitment term, You agree to pay all of the remaining payments up until the end of the commitment term.
Notwithstanding anything in this Agreement or otherwise, We shall have no obligation to maintain or provide any of Your data more than 60 days after termination or expiration of this Agreement for any reason. Thereafter, unless legally prohibited, we shall delete all Customer Data in our possession or under our control. Furthermore, we reserve the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for breach, your right to access or use Customer Data immediately ceases, and we shall have no obligation to maintain or forward any Customer Data.
You acknowledge that no employee or agent of Ours has any right to make any representation, warranty or promise in relation to the supply of Goods or Services other than subject to and as may be contained in the Conditions.
Any notices given under the Conditions shall be in writing and sent by e-mail to the last notified e-mail address of Yours.
The Conditions shall be governed by and construed in accordance with the laws of the State of California.
You may not assign Your rights and obligations under this Agreement without the prior written consent of Us.
We may at any time vary these Terms and Conditions by publishing the varied Terms and Conditions on Our website. You accept that by doing this, We have provided You with sufficient notice of the variation. We are under no other obligation to notify You of any variation to these terms and conditions.
Term and effect: Quotes will only be valid for 7 days unless otherwise specified in the Quote. A Quote is merely an invitation to You to place an Order with Us and the acceptance of a Quote by You will not create a binding contract between You and Us.
Quote is valid for 7 days only. Expiry dates on quotes are set to be able to inform Us when the quote is still active or to be discarded. Once discarded the quote will need to be requested again.
Once a quote has been confirmed by Us, then the prices in the quote will be confirmed as the final agreed price. A quote is confirmed as ‘final’ as soon as both parties agree with the final price after any last changes requested by You.
The price in the final quote may vary from the original request if there is any price or product changes requested by You. We reserve the right to alter product and prices in the quote, as long as the quote has not been confirmed with You.
Quotes and estimates shall be deemed to correctly interpret the original specifications and are based on the cost at the time the quote or estimate is given. If You later require any changes to the quotes, and We agree to the changes, these changes will be charged at Our prevailing rate.
Once the Quote has been confirmed and converted to an Order, the Order will be subjected to our normal Terms and Conditions of Sale.
The general minimum turnaround time for a Quote request to be actioned is usually two to three business days. In the event that a quote is required urgently please let us know so that we can respond to it accordingly.
When a special price or discount offer has been applied to this Quote, no other special promotion, discount or bonus offer will be applicable.
In the event that products in the Quote are subjected to any price and supply fluctuations that is outside of Our control We reserve the right to update the price and product in the Quote accordingly. If a product has undergone a price drop or a price increase, the Quote will then be adjusted accordingly. If there is a product that is no longer available, the product will then be replaced or substituted based on Your request and is subject to Your final approval.
Price on non-stocked products are subject to price and stock fluctuations and can only be confirmed once the Quote is turned into an Order. While We endeavor to honor every price quoted, if there is a price increase that is beyond our control, We reserve the right to increase the price as necessary.
Once a Quote has already passed the expiry date, We may cancel the quote or estimate without having to notify or receive an approval from You.
ETA information is based on an estimate given by our vendors and cannot be held as the actual promised date.
Freight charges will be added to the Order unless otherwise stated. Any included delivery charges are estimates only.
We do not keep inventory and as such only order items once we receive a completed order from a client. If You would like to return an item or cancel an order, a restocking fee may apply. We will need to get approval from the distributor that the stock is returnable before being able to issue a refund as not all products can be returned.
Prices are based upon total Quote Purchase.
Unless specified, all items on quote are covered by manufacturer’s warranty covering parts and labor for hardware only on a return to depot basis.
Varying or withdrawing Quotes: We may vary or withdraw a Quote at any time in Our absolute discretion and without prior notice to You, for any reason We consider fit, including where the Goods or Services become unavailable or the cost price of Goods or Services increases after the date of the Quote.
Order forms: You may place an Order for Goods and/or Services with Us. Normally, We will require that You provide either a completed Order form or approve the quote electronically via email or a web based system with the date and Your details, including Your full legal name or description and any applicable EIN, Your address together with any relevant Quote number and date.
Approval of Orders: You will need to sign the Order or have it duly executed on Your behalf, unless the Order is sent by email or via the web based ordering system, in which case the Order will be treated or deemed as if signed by or on behalf of You by the person whose name appears as the sender of the email or submitter of the form.
Reliance on appearance of validity: Absent actual knowledge to the contrary, We may rely upon the apparent validity of an Order. If any Order is signed or sent by email or approved through the web based ordering system by a named person, that person warrants that the Order is, and it is acknowledged the Order is deemed in favor of Us to be: (11.3.1) signed by, and duly authorized by, both the person who signed the Order and the person who sent the email; and (11.3.2) duly authorized by the person on whose behalf the Order is placed or apparently placed.
Acceptance and Orders: An Order has no effect unless or until it is accepted by You in writing and, until We have received from You payment in clear funds for the Order and any related freight, delivery and (where applicable) in-transit insurance costs.
No obligation to deliver: We are not obliged to deliver any Order until we have received payment in clear funds from You for the Order, any related freight, delivery and in-transit insurance costs, or where We are unwilling or unable to complete the Order for any reason provided We refund any payment made by You in respect of the Order.
Credit checks: For the purposes of ascertaining the credit standing or history of a prospective customer to whom We are considering extending credit or payment terms, You hereby consent to Us undertaking a credit reference check in respect to You.
Cancellation of Orders: You will not cancel an Order unless We agree to do so in writing in Our absolute discretion. You acknowledge that We cannot cancel an Order once the manufacturer or supplier has dispatched the relevant Goods and that such dispatch often occurs the same day as the Order is placed by Us.
Processes and Procedures: We have processes and procedures that We follow in the course of the provision of Our Services and the supply of Goods. You agree to co-operate with Us and to comply with such processes and procedures as advised to You from time to time.
Rates exclude Tax: All rates and amounts charged or quoted for Goods and/or Services by Us are exclusive of Tax and any other applicable taxes or government charges (unless otherwise stated in writing by Us).
Rates Schedule: You must pay for Goods and Services at the Rates set out in any applicable Plan and the Rate Schedule as applicable from time to time during the provision of the Goods and/or Services.
Vary Rates: We reserve the right to vary any Rate and/or the Rate Schedule from time to time (subject to any fixed pricing for specific periods in any Plan), in its absolute discretion and without notice to You.
Call-out fees: You acknowledge that call-out fees may be charged in addition to the Rates at Our absolute discretion and that the amount of the call-out fee will depend upon where the Services are provided.
Return/Cancellation Fee: Where We arrange a return or refund on behalf of You, or where an Order is cancelled by You after acceptance by Us, We may charge You a Return/Cancellation fee to cover the administration costs to Us in processing the return, refund, or cancellation. We may deduct the Return/Cancellation fee from any moneys otherwise due to be refunded to You by Us.
Expenses: You must pay any out of pocket expenses incurred by Us in providing the Services to You in addition to the Rates, charges and call-out fees, upon written demand. Such expenses will include travel costs, flights, car rental, fuel, insurance, taxi fares, accommodation and related meal allowance, tolls and car parking expenses. Where appropriate, We will obtain prior written authorization from You before such expenses are incurred.
Separate charges for Goods and Services: We may in Our absolute discretion charge for Goods separately from Services or may charge for Goods and Services together.
Calculation of increments: Where a charge is calculated based on increments of time, e.g. 1 hour or 30 minutes, We will charge the applicable rate for the whole increment of time even if work is done during part of, but not for the whole of, that increment of time.
Change in underlying costs: Without prejudice to any other rights of Ours under these Conditions, where there is any increase in the underlying costs incurred by Us in connection with the supply of Goods or Services to You, We may, in our absolute discretion, vary any of Our Rates.
Pre-Paid Blocks of Service: Where You agree to buy Pre-Paid Blocks of Service during a Period, payment must be made in advance at the rate applicable pursuant to the Rates Schedule, less any discount agreed in writing. Services included in a Pre-Paid Block of Service during the Period (12.10.1) are calculated in accordance with the applicable minimum time periods and increments set out in the Rates Schedule; and (12.10.2) are only provided by Us during the applicable Period — Services remaining unused for that Period cannot be rolled over into any subsequent Period, and We are not liable to refund, reimburse, pay damages or otherwise compensate or indemnify You in respect of those unused Services.
Service and Plan Variations: Currently, We offer the Services and Plans referred to in the Rates Schedule and any Plan Schedule. We may withdraw the provision of, or vary the scope or terms of, or add to or change, the Services without notice to You, from time to time in Our absolute discretion.
Copies on Request: We will provide You with a copy of the current Rates Schedule upon request. Plan Schedules are tailored for particular Plans and are available to Clients participating in the Plan.
We may subcontract any or all of the Services to be performed, but shall retain prime responsibility for the Services under these terms.
Delivery liability: We will use all reasonable endeavors to dispatch Goods by the due date, but do not accept any liability for non-delivery or failure to deliver on time where this is caused by circumstances beyond Our reasonable control, including failures in supply to Us or delays caused by third parties such as delivery companies or manufacturers.
Availability to accept delivery: You must be available to accept the Goods at Your nominated delivery address during Business Hours unless otherwise arranged.
Passing of Risk: Delivery is deemed to take place when the Goods are delivered to Your nominated address, whereupon risks of loss, breakage and all damage and all other risks pass to You. Nothing in this clause affects title to the Goods.
Obligation to insure: You will ensure that Goods are adequately insured from the time of delivery under clause 15.3.
Retention of Title: Until We receive full payment in cleared funds for any moneys due to Us by You on any account or for any reason: (15.5.1) title to, and property in, Goods supplied to You remain vested in Us and does not pass to You; (15.5.2) You must hold those Goods as fiduciary bailee and agent for Us and must not sell them; (15.5.3) You must keep those Goods separate from other goods and maintain the Goods and their labelling and packaging intact; (15.5.4) where You sell the goods in breach of these Conditions, You are required to hold the proceeds of any sale of those Goods on trust for Us in a separate account; (15.5.5) We may, without prior notice, enter into any premises where We suspect those Goods may be, take possession of those Goods and sever and remove those Goods, and You hereby irrevocably authorize and direct Us to enter into such premises as its duly authorized agent and indemnify and hold Us harmless from and against any costs, claims, allegations, demands, damages or expenses arising from such entry, repossession or removal; and (15.5.6) You irrevocably appoint Us as Your attorney to do anything We consider necessary in order to enter such premises and repossess the Goods.
Data Destruction: We ensure that all electronic devices submitted for disposal will undergo thorough data destruction procedures.
Device Disposal and Non-Return Policy: Once the devices are shipped for disposal, they will not be eligible for return under any circumstances. You acknowledge and agree that once the devices are received by the recycler, they become the property of the recycler and will be disposed of accordingly.
Fees: Unless otherwise quoted, a fee of $40 per device will be assessed for the disposal service. You are responsible for payment of this fee upon submission of Your devices.
Indemnification: By utilizing the electronic asset disposal service provided by Us, You agree to indemnify and hold Us harmless against any claims, damages, losses, liabilities, and expenses arising from or related to the disposal of electronic devices and the destruction of data.
Warranty Disclaimer: We make no warranties, expressed or implied, regarding the effectiveness of the data destruction process or the outcome of the disposal service.
Compliance with Laws and Regulations: You are responsible for ensuring that all electronic devices submitted for disposal comply with relevant laws, regulations, and industry standards governing data protection and disposal.
General Returns Policy: Notwithstanding anything in these Conditions, You acknowledge that We supply Goods subject to all applicable conditions, including returns and claims policies, of any relevant manufacturer or supplier. You will accept Goods subject always to these Conditions and will indemnify and hold Us harmless in respect of any further or other obligation or any failure or default on the part of that manufacturer or supplier.
Customized Goods not returnable: Where Goods have some element of customization for You, are supplied pursuant to an Order that is, in Our opinion, special or unusual, obtained from overseas, obtained from a supplier who is no longer trading, or otherwise not readily returnable by Us, You may not return the Goods to Us or cancel the related services.
Duty to inspect: You will inspect all Goods immediately upon their delivery. Within 7 days of such delivery, You may give written notice to Us of any matter or thing by reason of which You might wish to return the Goods, ask for a refund, or make a claim. If no such notice is given on time, You will accept the Goods without any such return, refund or claim.
Return Condition: Where You are entitled to return Goods under these Conditions, You must return the Goods in their original condition and unopened, provided that where, upon opening the packaging it becomes apparent that the Goods are different to what is described on the packaging or that the Goods are faulty, the Goods may be returned.
Return costs: You will pay all costs and expenses incurred by Us in arranging the return of the Goods to a manufacturer or supplier and/or the cancellation of any related services unless that manufacturer or supplier pays such costs.
Consequences of use, installation, customization or sale: You will indemnify and hold Us harmless in respect of all allegations and claims in respect of Goods once such Goods have been used, installed, customized or re-sold by You (without prejudice to Your recourse to the manufacturer of the Goods).
Service limitations given the science of computing: You acknowledge that a reasonable incident of the Services may involve trial and error and that it is a science applied often in novel or unknown circumstances and involving experiment. While We will make what We consider (in Our absolute discretion) to be all reasonable endeavors to provide appropriate tests, troubleshooting, sound advice and good recommendations, You will always indemnify and hold Us harmless in the provision of Our Services to You.
Reasonable Assistance Limits: We are only obliged to provide what We consider, in Our absolute discretion, to be reasonable assistance in the circumstances under any Plan, and You will pay for additional work at the Rates unless otherwise agreed. Normally, reasonable assistance is limited to work done during Business Hours over a period of time not exceeding any period that We have allowed or estimated the Work will take.
Recommendations, suitability, functionality and fitness for purpose: The parties acknowledge that We may recommend that You purchase Goods provided by third parties; recommendations may be made where You have made known to Us the purpose for which the Goods will be used; We have no control over many factors involved with the suitability, function or fitness for purpose of Goods in an existing or new computer environment; the Goods may fail to meet Your expectations for reasons outside Our control; and the Services provided by Us may involve seeking to customize Goods so they may be fit for particular purposes, which may be a substantial project in itself. Accordingly, You accept sole responsibility for, and indemnify and hold Us harmless in respect of, decisions as to whether to follow Our recommendations, decisions to purchase or customize Goods or obtain Services, and any failure or defect in suitability, function or fitness for purpose of any Goods and/or Services, including a responsibility to obtain Your own independent advice from a suitably qualified person. Where We provide Services with a view to achieving Your purposes, You must pay for those Services on time without any set-off or counter-claim, whether or not We are able to achieve those outcomes, provided We have acted in good faith and made all reasonable endeavors, in Our absolute discretion.
Testing Procedures: You will follow Our instructions with regard to testing or troubleshooting any problems, and if those do not resolve the outstanding problems, We will, subject to these Conditions, allocate such resources as We consider reasonable in the circumstances towards their resolution.
If We are unable to supply any Goods or Services due to circumstances beyond Our reasonable control, We may cancel the Order (even if already accepted) or cease to provide the Services by written notice to You, in which case You will hold Us harmless.
We will not be liable for any breach of contract due to any matter or thing beyond Our control, including failures by third parties to supply goods, services or transport, stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
Alterations to Specifications: We make every effort to supply the Goods in accordance with the Order, however We may supply alternate Goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer after the Order date and before delivery.
Substitute Goods: If We cannot supply the Goods ordered by You, We may supply alternate Goods of equal or superior quality, provided You will not pay a higher price than the price Quoted or otherwise agreed.
Reliance on Manufacturer’s Warranty: You will rely on the warranties provided by the manufacturer of Goods supplied by Us (where applicable) and will deal direct with such manufacturer rather than Us for all claims covered by such warranties.
No claim for manufacturer’s default: You indemnify and hold Us harmless in respect of the performance or otherwise, by any manufacturer, of any obligations in respect of such Goods, including any damages or moneys due to You arising in connection with any breach by the manufacturer of its warranties.
Exclusion: Except as specifically set out herein and so far as may be permitted by law, any term, condition or warranty in respect of the quality, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods or Services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
No liability for program or data loss: You indemnify and hold Us harmless in respect of any allegation, claim, loss or expense of Yours or any third party for any program or data loss or damage suffered arising directly or indirectly from the supply of the Goods or Services by Us to You. You acknowledge You are solely responsible for backing up Your programs and data to mitigate Your own potential loss.
Limit on consequential damage: You indemnify and hold Us harmless in respect of any allegation or claim as to any indirect or consequential losses or expenses suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill.
Limit on damage from a failure in supply: You indemnify and hold Us harmless for any allegation or claim for loss or damage where We have failed to meet any delivery date or cancels or suspends the supply of Goods or Services.
General limit on liability: Except as otherwise expressly stated in these terms and conditions, We are not liable for any loss or damage of any kind however caused (including by Our negligence) which is suffered or incurred by You in connection with Goods or Services provided or any Work; these Terms and Conditions; Your use of Our website or any linked website; the non-availability of Goods or Our Services for any reason; any act or omission of Ours or the provision of inaccurate, incomplete or incorrect information by You; or for any other reason whatsoever.
Limitation options: To the extent any legislation implies a condition or warranty that cannot be excluded but can be limited, Our liability for any breach of that condition or warranty is limited, at Our election, to replacing the Goods or supplying equivalent Goods, Services or Work; repairing the Goods or the Work; paying the cost of replacing or acquiring equivalent Goods, Services or Work; or paying the cost of having the Goods or Work repaired.
Laws still apply: Nothing in these Conditions excludes, restricts or modifies the application of any State or Federal legislation applicable to the supply of the Goods or Services which cannot be excluded, restricted or modified.
Severance: If any provision contained in the Conditions is unlawful, invalid, or unenforceable, that provision may be severed without prejudice to the validity and enforceability of the remaining provisions.
We make every effort to ensure that all prices and descriptions quoted are correct and accurate. In the case of an error or omission, We may rescind the affected contract by written notice to You, notwithstanding that We have already accepted Your Order and/or received payment. Our liability in that event will be limited to the return of any money You have paid in respect of the Order.
Cloud-to-Cloud Backup Products will have a minimum retention period of 30 days. We default to indefinite retention when possible, but in the event We change cloud backup providers, there will be an overlap period of no less than 30 days.
If a Service Plan terminates, We reserve the right to delete the backups in the Cloud associated with the terminated Service as set forth below. It is Your responsibility to export or retrieve a copy of any of Your backups in a timely manner.
Backup for Microsoft Azure: 30 days, provided that if the Protected System is removed from the Service Subscription, then there is no retention, and export must be done prior to removal.
Endpoint Backup: No retention. Export must be done prior to termination.
Datto Workplace, Datto File Protection, SIRIS, ALTO, Datto NAS, Datto Endpoint Backup with Disaster Recovery: 60 days.
We are collecting Your personal information for the fulfilment of Quotes, Orders and the provision of Goods or Services to you and may retain and use it for any such purposes (“Authorized Purposes”).
You are required to provide your personal information to Us for Authorized Purposes.
We may disclose Your personal information to other persons for the purposes of fulfilling Quotes, Orders and Work for you, providing Goods or Services, verifying information You provide, or enquiries about Goods or Services that may be suitable for Your purposes, to anyone proposing to supply Goods or Services to You or acquire Goods or Services on Your behalf.
Otherwise, We will not disclose Your personal information without Your consent unless authorized by law.
Your personal information will be held by Us at Our Principal Place of Business and You can contact Us to request to access or correct it.
We rely on You to submit correct information and details where requested. You accept that You may incur additional expenses if you submit incorrect information.
We make no representations or warranties in relation to information available on Our website, including that the information is complete or correct, or that Our website will be continuously available or free from delay, virus, communications failure, internet access difficulties or malfunction; nor do We endorse any internet site linked to Our website or any third party products or services referred to on Our website.
We will maintain, at Our own expense, commercial general liability insurance for personal injury and property damage for a general aggregate of $2,000,000. At Your request We will provide certificates, including renewal certificates, within thirty (30) days of commencing this Agreement, at every renewal and at other times as reasonably requested.
In order for Us to provide You with the agreed Service, You agree to follow Our process for lodging Service Requests as outlined in Appendix A.
In order to provide You with the agreed Service, You agree to give Us access to various items of Yours including equipment, people and sites as and when required.
You agree to allow Us to install software on Your equipment that allows Our technicians to access Your systems at any time, view system statuses, send monitoring information, see users’ desktops and control Your PCs. This may require that devices are left on overnight or weekends.
At times We may need to contact Your third party providers on Your behalf, such as Your internet provider. Some providers may require Your authorization for Us to deal on Your behalf. It is Your responsibility to ensure We are able to deal freely with these providers.
EULAs: For software installations, IT Hub LLC may accept End User License Agreements on your behalf.
Payment due date: All invoices issued to You are due and payable within the terms stated on the invoice (unless otherwise agreed in writing), by cash, check, or direct deposit in the way set out in the Invoice.
7 days late: Where You fail to pay an invoice within seven (7) days of the due date, We may, in Our absolute discretion and without prior notice, suspend or discontinue the supply of Goods and/or Services to You.
Recoveries: All legal and other costs and expenses incurred in connection with the recovery of late payments will be added to the amount due, in addition to the original invoice cost. If You default in payment, moneys which would have become due at a later date shall be immediately due and payable without further notice (a “Sum Due”).
Interest: If payment of any Sum Due is not made on time, We will charge interest monthly at the rate of 1.5% up to the maximum rate allowed by law, calculated from the due date until the Sum Due is paid in full.
Application of funds: All payments will be applied first towards recovery costs (including legal costs and dishonored check fees), secondly towards any interest due, and thirdly towards Your debts to Us in order from the longest standing due to the most recently incurred.
Security: We may require You to provide security over Your property as collateral for any Sum Due or as a condition of continued supply.
Payment arrangements: If a repayment arrangement is made and supply resumes, but a repayment is not made on time, We may again suspend or discontinue supply without prior notice.
Power of Attorney: You irrevocably appoint Us as Your attorney to do anything We consider fit for the recovery of the Sum Due or the creation, perfection or enforcement of any security.
Other remedies: We may exercise any of Our rights and remedies including legal action for recovery of moneys due, notwithstanding the exercise of other rights under these Conditions.
All Software licenses are the responsibility of You and not Us. It is Your duty to store all licenses for all Software used so they can be reproduced if required, including Software installed by Us.
You indemnify and hold Us harmless against any claim, allegation, loss, damage or expense arising from any unauthorized Software use by You; any breach of a Software license in respect of Software provided by You to Us for installation; Our installing Software where You are not authorized to use it; and any problem, defect or malfunction associated with third-party Software or related services.
All copyright in custom software remains the sole property of Ours unless alternate arrangements are made as part of a separate software agreement.
Warranty and breach: You warrant that any confidential or copyright information or intellectual property provided by You to Us belongs to You. In the event of a breach of this warranty, You will pay all sums due to Us as if such warranty had not been breached, and indemnify and hold Us harmless in respect of any allegations, claims, loss, costs or expenses in connection with such breach.
Retention of title: All copyright and other intellectual property rights in any Work created, commissioned, or acquired by Us in the course of supplying Services will be Our exclusive property unless otherwise agreed in writing.
Confidential Information: We acknowledge that in the course of providing Services, We may learn certain non-public personal and otherwise confidential information relating to You, including Your customers, consumers or employees, and shall regard any such information as confidential.
You also acknowledge that all information, services, consulting techniques, proposals and documents disclosed by Us or which come to Our attention during the course of business constitute valuable assets and confidential and/or proprietary information of Ours. Both parties shall take all commercially reasonable steps not to disclose, reveal, copy, sell, transfer, assign or distribute such information to any person or entity, except as permitted in writing by the disclosing party or as required by applicable law.
When you contact us to lodge a service request only the methods below must be used:
Web Portal: help.it-hub.net
Email: helpdesk@it-hub.net
Phone (Call Only, no Texting): 707-412-8342
Include a short description of the problem and any screenshots of errors to assist in the resolution of the issue. If the issue is lodged by phone or external email, you must include your name, company, return contact details and priority. Service requests must not be lodged directly with technicians, as this detracts them from resolving the current issue.
Service Requests that must be addressed outside of business hours must be lodged by Web Portal AND phone, or only phone if the Web Portal is unavailable (charges apply for after-hours work). Otherwise, the Service Request will be viewed on Our next Business Day.
To meet Our managed IT service obligations, devices and network equipment covered under this Agreement must meet certain minimum hardware and software standards. See Recommended Technology & Minimum Standards for the current requirements.