Azultek, LLC – Terms of Service
Last updated 01/01/2023
By receiving an Estimate or Invoice for services with Azultek, LLC, client agrees to the Terms of Service Agreement and Disclaimer below:
IT MANAGED SERVICES & ONE TIME-SERVICE TERMS OF AGREEMENT
Estimate Notes / Terms
Estimates are valid for 30 days upon receipt. Some items may be back-ordered and require additional lead time. When indicated, a 25% Mobilization Payment is due upon acceptance, with the balance due Net 30 days after completion. Delays – demobilization/mobilization, including stand-by time – will be charged on a T&M Basis. Change Orders required for anything outside of this written scope of work.
Managed IT Subscription Plans and One-Time Service Plans.
- The Plan. These terms and conditions of this service contract (“Terms and Conditions”) govern and describe the technical support service (the “Service”) we will provide you under the Azultek Support plan (the “Plan”). References to “you” and “your” are references to the person or business who is authorized to receive Service per Section 8, below. References to “we”, “our” and “us” are referring to Azultek, LLC and/or our third-party service providers, as the case may be.
- When Your Plan Begins and Ends; Types of Plans
- Your Plan begins on the date you purchase this Plan and shall end as explained below depending on what type of Plan you purchased (the “Service Period”):
1) One-Time-Pay Plans. If you paid for your Plan in one payment, based upon a specific term, Service under your Plan will end after the requested service is completed, on the day, one month, or one year, depending on the specific service or length of the Plan that you purchased. One-Time Pay Plans are due upon delivery for all hardware, or due within 30 days for support services.
2) Continuous Monthly Plans. If you selected a month-to-month Plan, your Plan will continue indefinitely on a month-to-month basis until it is canceled. Until the Plan described in this paragraph is canceled, you authorize us to charge your credit or debit card at the beginning of each monthly billing period for the amount specified on your purchase confirmation or payment receipt. Payment by ACH, check or cash may be negotiated and made within 30 days of invoice.
- Cancellations/Renewals. For more information on how your Plan may be canceled or renewed, please refer to Section 9, below.
- What is Covered?
- This Plan provides Service for the agreed upon devices based on the payment arrangement made between both parties, which may be personal computers (notebooks, laptops and desktops) or tablets. Mobile phones are not eligible devices, however we will offer best effort support to subscribed clients. You choose the eligible devices that you want covered when you request Service under this Plan and these devices become the “Covered Devices”. You may update the Covered Devices associated with this Plan at any time in the event you add, replace or exchange an eligible device.
- During the Service Period, we will provide you with access to telephone and web-based technical support resources. Service may include assistance with software installation, configuration and troubleshooting; password reset; interpreting system error messages and determining when hardware service is required. Azultek, LLC does NOT offer hardware repair services but will diagnose if it is needed.
- The Service also includes assistance with the initial set-up of your Covered Devices, connecting your Covered Devices to an active home/work network; computer tune-ups including operating system updates; the labor to remove and install your hard drive or memory if you require an upgrade or replacement; and, upon your request for additional Data Migration charge, removing or transferring data from your previous hard drive.
- Upon your request, we will diagnose, and repair operating system problems and virus/malware issues causing start-up and shut down issues, slow performance, system crashes, error messages and unwanted pop-up windows.
- New Hardware or hardware upgrade charges are in addition to Plan pricing and due upon delivery, based on current market pricing.
- Operating hours/availability of support: Unless otherwise stated, business service hours are officially 9:00AM to 5:00 PM.However, our team actively checks for service requests by email at support@azultek.com and will make a best-effort to handle urgent issues as soon as possible.
- Unless otherwise agreed, for One-Time Annual Plans or Continuous Monthly Plans, Azultek will act as admin for Microsoft 365, ZOOM, Website Hosting, Google, Backblaze or similar subscription-based software services. We are not responsible for lost password or data recovery should you choose not to allow us exclusive admin access and we have the right to cancel service if correct passwords are not provided.
- What’s Not Covered?
- Troubleshooting issues that are likely to be resolved by upgrading your operating system or consumer software to the current version, if you choose not to upgrade.
- Training services. We do not instruct or train individuals or employees on software or hardware usage within monthly IT Support Plans. One-on-one training is offered if requested for an additional price.
- Hardware repair. Once hardware is in possession of buyer, Azultek is not responsible for malfunction, failure, damage, loss or theft.
- Server support including but not limited to any server administration and set up, server software applications/OS installation and support or server diagnostics and tune-ups that is not managed exclusively by Azultek.
- Except for connecting your Covered Device to an active business or home network, the Service shall not include any home network support, router support or support for devices connected to your Covered Devices.
- Damage to or loss of any software or data that was residing or recorded on the Covered Devices. This Plan does not cover the recovery or re-installation of data, software, information, or other files stored on your hard disk drives or any other data storage device.
- Devices or printers leased or serviced by other service providers.
- How To Obtain Service. You may obtain service by contacting us at support@azultek.com, or through your direct IT Support Specialist.
- Your Responsibility to Back-Up Data.
Unless otherwise agreed, prior to Azultek servicing your Device or any other equipment, it is your responsibility to (1) back-up the data, software, information or other files stored on your hard disk drives or any other data storage device; and (2) remove and/or disconnect all USB flash drives, optical discs, external hard drives and other removable data storage devices and media from your Device or other equipment that you provide to us in person or by remote access. Azultek offers Backblaze or other data backup services which may or may not be initiated prior to servicing your device(s).
- Your Other Responsibilities.
To receive service or support under the Plan, you agree to comply with each of the terms listed below.
- To receive web-based remote technical support, you will need to provide a high-speed internet connection. The device must be powered on and TeamViewer must be installed to receive remote service: https://www.teamviewer.com/en-us/
- You will provide information about the symptoms and causes of issues.
- You will respond to requests for information such as the device serial number, model, version of the operating system and software installed, any peripherals devices connected or installed on the Device, any error messages displayed, the actions which were taken before the Device experienced the issue and the steps taken to resolve the issue.
- You are responsible for delivering and picking up your Device for in-person service, however we will make a best-effort to offer you delivery for an additional charge.
- You will be required to sign a service order disclaimer or other service order terms for certain services. This service order disclaimer or other service order terms do not form a part of this Plan and are a separate legal document.
- Password Management: In the event of lost passwords, Azultek will make a best-effort support for recovery, but you are ultimately responsible to manage your own passwords and accounts. In the event of ending of service, there will be a data offloading fee before services may discontinue based on volume of users and managed devices.
- Eligibility for Service; Transferring Your Plan. We will provide Service in respect of the Covered Devices to the original purchaser of this Plan or any person that is in lawful possession of a Covered Devices. At our discretion, we may ask questions and take steps to verify that the person seeking service is in lawful possession of it and, in some cases, whether the identifying number of the device matches our records concerning a Covered Device. If ownership of all the Covered Devices have changed to the same person and/or the responsibility for the Plan has changed, we will, without charge, update our records to reflect the transfer of ownership and/or responsibility for the Plan as the case may be.
- Cancellation; Renewal.
- Cancellation within 30 Days. You must provide 30 days notice for cancellation of monthly one-time pay Plan. Any branded services outside of Azultek LLC, such as Microsoft, Cloud Storage, Website Hosting. Website Domain Registration, Backblaze, Zoom Phone etc. may incur a penalty for cancellation without 1 calendar year notice. At our discretion, we may deduct from any refund the value of services already provided or bill the remaining monthly or annual value of a contracted service.
Example Process for Cancellation with Microsoft Business: When your branded subscription(s) ends, it goes through multiple lifecycle statuses before it gets deleted. This gives you, as the admin, time to reactivate the subscription if you want to continue the service, or to back up your customer data if you decide you no longer want the subscription.
A subscription goes through the following statuses over the course of its lifecycle:
Active > Expired > Disabled > Deleted
The Expired status starts immediately after the subscription reaches its end date, regardless of whether it expired naturally by reaching the end of the subscription term, you turned off recurring billing, canceled, or upgraded it.
The subscription only enters the Expired status after all the licenses are removed. If you order fewer than the original number of licenses, the subscription doesn’t enter the Expired status. Instead, admins have 90 days to resolve the conflict for any assigned licenses in excess of the purchased quantity. During this 90 day period there’s no service interruption to subscriptions that are assigned on a per user basis. For nonuser based subscriptions, like Office 365 Extra File Storage for SharePoint, a reduction in the license quantity immediately results in reduced storage. For Enterprise volume licensing customers, we recommend placing an Online Reservation to restore service, and then contact your licensing partner to understand why there was a reduction in licenses.
For yearly or three-year subscriptions, if you turn off recurring billing, it goes through all the lifecycle statuses. The Expired status starts on the subscription end date, not the date that you turned off recurring billing.
For monthly subscriptions, if you cancel a monthly subscription within the cancellation policy window, it skips the Expired status and immediately moves to the Disabled status on the date you cancel it. This means that your users immediately lose access to the Microsoft 365 assets, and only admins have access to the data during the Disabled state.
- Cancellation after 30 Days.
1) One Time Pay Plan. You may cancel a One Time Pay Plan after 30 days from the date of engagement but no refund will be due.
2) Renewed One Time Pay Plan. If you agree to renew your One Time Pay Plan, you may cancel the renewal term after 30 days.
3) Continuous Monthly Plan. If you cancel a Continuous Monthly Plan at any time within 30 days, the cancellation will take effect at the end of the monthly billing period for which you have already been charged. The cancellation will prevent you from being charged for any further monthly billing periods for IT Support services only.
- Cancellation or Suspension of Service by Us. We may cancel this Plan for convenience and discontinue providing service at any time upon written notice to you and issue you a pro-rata refund for any prepaid amounts. We may also cancel this Plan immediately or suspend service without notice, at our discretion, if you fail to make a payment when due or we are unable to process a credit or debit card charge or while any such charge is pending if your account is past due.
- Renewals based on Plan Type
1) One Time Pay Plan. At our discretion, we may offer you a renewal of your One Time Pay Plan or a new service contract. Any renewal or new service contract that we offer you may contain different pricing, coverage and benefits as compared to your original Plan. We are not responsible for giving you notice of the expiration of your Plan. Therefore, you may not receive any communication from us prior to your Plan expiring unless we offer you a renewal of this Plan or a new service contract.
2) Continuous Monthly Plan. As explained in Section 2, your Continuous Monthly Plan will continue indefinitely on a month-to-month basis until it is canceled by you or us as explained in Section 9(a)(b) and (c) above. We will obtain your advance consent if we desire to increase the price or materially reduce the coverage or benefits under the Plan for any future billing period.
- Privacy Policy. It is our policy to respect the privacy of its customers. For information on our privacy practices please contact us at support@azultek.com or see https://azultek.com/privacy-policy/
- Limitations of Service. We shall not be liable for any failure or delay in performance due to any cause beyond its control. We reserve the right to refrain from providing the service and instead refund your payment, wholly or in part, on the basis that the minimum system requirements are not met or if your technical needs or other requirements are unusual or extensive and beyond the scope of these Terms and Conditions, as determined by us.
- DISCLAIMER OF WARRANTIES.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(I) WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM OUR OBLIGATIONS UNDER THIS PLAN; AND (II) OUR TOTAL LIABILITY UNDER THIS PLAN SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF YOUR PLAN INCLUDING TAXES. THE LIMITATIONS IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY CAUSED BY OUR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD.
- LAWS
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. If any provision(s) of these Terms and Conditions is/are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
- ENTIRE AGREEMENT
These Terms and Conditions and your paid purchase receipt constitute the entire agreement between you and us with respect to the services and benefits provided to you under your Plan and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression. Employees and agents of Azultek, LCC have NO AUTHORITY (apparent, express, implied, or otherwise) to alter or modify the terms and conditions of this Plan – either orally or in writing.
Azultek, LLC Terms & Conditions and pricing is subject to change at any time. Clients on recurring One-Time-Pay Plans, Continuous Monthly Plans or Annual Plans will be notified of any changes prior to the next billing cycle.