January 1, 2024 IT Blogger

Terms of Service

Effective Date: January 1st, 2024

Welcome to IT/Ops Management LLC (“we,” “our,” or “us”). By engaging our services, you (“Client” or “you”) agree to the following Terms of Service. These terms govern the provision of our managed IT and operations services, and by entering into a service agreement, you acknowledge and accept these terms.

1. Services Provided

IT/Ops Management LLC provides managed IT and operations services as outlined in the Service Agreement or Service Level Agreement (SLA). These services may include, but are not limited to:

  • Network and Infrastructure Management
  • Systems Monitoring and Maintenance
  • Cloud Service Management
  • Security and Compliance
  • Helpdesk and User Support
  • Backup and Disaster Recovery Solutions
  • IT Consultation

2. Service Agreement

  • All services provided will be defined and detailed in a separate Service Agreement or SLA, which both parties must sign.
  • Changes to the scope of services must be agreed upon in writing and may require adjustments to fees and timelines.

3. Client Responsibilities

To ensure the effective delivery of services, the Client agrees to:

  • Provide necessary access to systems, networks, and personnel.
  • Cooperate with IT/Ops Management LLC to resolve any issues.
  • Maintain proper licensing for software and hardware as required.
  • Ensure compliance with any applicable laws and regulations.

4. Service Fees and Payment Terms

  • Fees for services will be outlined in the Service Agreement or SLA.
  • Unless otherwise agreed, payment is due within 30 days of the invoice date.
  • Late payments may be subject to interest at a rate of 5% per month and/or suspension of services until payment is made.

5. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary information shared during service delivery. This includes:

  • Client’s business data, technical information, and proprietary processes.
  • IT/Ops Management LLC’s pricing, methodologies, and service processes.

6. Data Security and Privacy

  • IT/Ops Management LLC will implement industry-standard security measures to protect the Client’s data.
  • We are not responsible for data loss or breaches that occur because the Client fails to maintain proper security protocols.

7. Limitation of Liability

  • IT/Ops Management LLC will not be liable for any indirect, incidental, or consequential damages arising from or related to the services provided.
  • Our liability in any circumstance will be limited to the amount paid by the Client for the affected service in the past 12 months.

8. Service Availability

  • We strive to maintain the agreed level of service uptime as per the SLA. Still, there may be occasions when services are temporarily unavailable due to maintenance, updates, or unforeseen technical issues.
  • We will provide advance notice of any planned maintenance when possible.

9. Term and Termination

  • This agreement remains in effect until terminated by either party.
  • Either party may terminate the agreement with 30 days written notice. In the event of termination, any outstanding fees must be settled within 15 days.
  • IT/Ops Management LLC may terminate services immediately if the Client violates these Terms of Service or any applicable law.

10. Force Majeure

We are not responsible for delays or service interruptions caused by events beyond our control, including natural disasters, acts of war, cyber-attacks, or government actions.

11. Dispute Resolution

Any disputes arising under these Terms of Service will be resolved through arbitration in accordance with the rules of Florida Law or a mutually agreed-upon mediator. The decision of the arbitrator will be final and binding.

12. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Florida, USA. Any legal proceedings must be filed in the courts located in Florida, USA.

13. Amendments

IT/Ops Management LLC reserves the right to update or modify these Terms of Service at any time. Clients will be notified of significant changes, and continued use of our services will indicate acceptance of the updated terms.

14. Entire Agreement

These Terms of Service and any signed Service Agreement or SLA constitute the entire agreement between the parties regarding the services provided and supersede any prior agreements or understandings, written or oral.

By using our services, you agree to these Terms of Service. If you have any questions, please email support@itops.co.