Palm Tech, a Managed Service Provider based in the United States of America, provides its services to you in accordance with the following Terms of Service (“TOS”). By using Palm Tech's services, you agree to comply with these terms and conditions. If you do not agree, please do not use our services.
I. Introduction
Purpose of the TOS: These TOS govern the use of Palm Tech services and any associated software, documentation, and support services (collectively, the “Services”).
Agreement to TOS: By using Palm Tech's Services, you are agreeing to be bound by these TOS. If you do not agree to these TOS, you should not use Palm Tech’s Services.
II. Services Provided
Description of Services: Palm Tech provides a variety of services, including but not limited to, IT support, network management, software development, and data backup and recovery. The specific services provided to each client will be outlined in a separate agreement.
Limitations of Services: Palm Tech will make every effort to provide reliable and efficient services. However, Palm Tech cannot guarantee that the Services will be uninterrupted or error-free. Palm Tech will not be liable for any damages caused by interruptions or errors in the Services.
III. Payment and Fees
Payment Terms: Palm Tech requires payment in advance for all Services. Payment can be made by credit card, check, or wire transfer.
Fees: Palm Tech charges a monthly fee for its Services. The specific fee for each client will be outlined in a separate agreement.
Refund Policy: Palm Tech does not offer refunds for its Services.
IV. Data Security and Confidentiality
Data Security: Palm Tech takes the security of client data very seriously. Palm Tech uses industry standard security measures to protect client data, including firewalls, encryption, and secure servers.
Confidentiality Agreement: Palm Tech will not disclose any client data to third parties without the client’s express permission.
V. Service Level Agreement (SLA)
Service Level Guarantees: Palm Tech guarantees a certain level of service for its clients. The specific service level guarantees for each client will be outlined in a separate agreement.
Reporting and Resolving Service Issues: If a client experiences an issue with Palm Tech's Services, the client should contact Palm Tech’s support team. Palm Tech will make every effort to resolve the issue in a timely manner.
VI. Intellectual Property
Ownership of Intellectual Property: Any intellectual property related to Palm Tech’s Services remains the property of Palm Tech.
Restrictions on Use of Intellectual Property: Clients may not use any intellectual property related to Palm Tech’s Services for any purpose other than the specific purpose for which it was provided.
VII. Termination and Cancellation
Conditions for Termination or Cancellation: Palm Tech may terminate or cancel a client’s Services at any time if the client breaches any of these TOS.
Procedures for Termination or Cancellation: If Palm Tech terminates or cancels a client’s Services, the client will be notified in writing.
VIII. Liability And Indemnification
Limitations of Liability: Palm Tech will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of Palm Tech’s Services.
Indemnification: You agree to indemnify, defend and hold Palm Tech, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these TOS.
IX. Dispute Resolution
Agreement to Resolve Disputes Through Arbitration or Mediation: Any disputes arising out of or in connection with these TOS shall be resolved through arbitration or mediation, as mutually agreed by both parties.
X. Governing Law and Jurisdiction
Governing Law: These TOS shall be governed by and construed in accordance with the laws of United States, without giving effect to any principles of conflicts of law.
Jurisdiction: Any disputes arising out of or in connection with these TOS shall be subject to the exclusive jurisdiction of the courts located in United States.
XI. Miscellaneous
Entire Agreement: These Terms represent the complete agreement between you and [MSP Company] regarding the use of our Services.
Severability: If any provision in these TOS is found to be unenforceable, the rest of the Terms will remain in effect.
No Waiver: Failure to enforce any right or provision shall not be considered a waiver unless stated in writing.
Force Majeure: Palm Tech is not liable for delays or failure to perform due to events beyond our reasonable control, including natural disasters, acts of government, or other force majeure events.
Contact Information: For any questions or concerns regarding these Terms, please contact our support team at jmontague@palmtech.net.
