Terms of Service

1. General Terms

These Terms of Service ("Terms") govern the relationship between DataNetwork.Tech ("we," "our," "us," or "Service Provider") and you ("Client," "you," or "your") regarding the provision of managed IT services, support, and related technology solutions.

By engaging our services, you agree to these Terms. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Services Provided

DataNetwork.Tech provides managed IT services including but not limited to:

Core Services

• IT infrastructure management and monitoring
• Help desk and technical support
• Network security and firewall management
• Backup and disaster recovery solutions
• Cloud services management (Microsoft 365, Azure, etc.)
• Software deployment and patch management
• Hardware procurement and lifecycle management
• Cybersecurity services and compliance assistance

Service Delivery

Services are delivered through a combination of:

• Remote monitoring and management tools
• Remote support sessions
• On-site visits as needed or agreed upon
• Phone, email, and SMS support communications

3. Managed Service Provider Relationship

3.1 Nature of Relationship

DataNetwork.Tech acts as your Managed Service Provider (MSP), providing technology expertise and support. We are an independent contractor, not an employee, partner, or joint venturer.

3.2 Authorized Actions

As your MSP, you authorize us to:

• Access your IT systems as necessary to provide services
• Act as your authorized representative with technology vendors
• Make routine maintenance decisions within agreed parameters
• Implement security patches and critical updates
• Manage licenses and subscriptions on your behalf

3.3 Administrative Access

To effectively manage your IT environment, we require administrative access to your systems. We will:

• Use this access solely for providing agreed services
• Maintain strict confidentiality of all credentials
• Follow security best practices for access management
• Document all significant changes made to your systems

4. Client Responsibilities

To ensure effective service delivery, you agree to:

4.1 Cooperation

• Provide timely access to systems, facilities, and personnel
• Respond promptly to requests for information or decisions
• Designate authorized contacts for service requests
• Inform us of planned changes affecting IT systems

4.2 Compliance

• Maintain valid licenses for all software
• Comply with all applicable laws and regulations
• Follow recommended security practices
• Ensure proper use of technology resources

4.3 Backup and Data

While we provide backup solutions, ultimate responsibility for data protection remains with you. We recommend maintaining independent backups of critical data.

5. Third-Party Services

5.1 Vendor Management

We often manage relationships with third-party vendors (Microsoft, cloud providers, software vendors, etc.) on your behalf. When doing so:

• You remain bound by the vendor's terms of service
• We act as your authorized agent for support and management
• Vendor pricing and terms may change independently
• We are not liable for vendor service disruptions or changes

5.2 Microsoft and Cloud Services

For Microsoft 365, Azure, and other cloud services:

• Services are subject to Microsoft's Service Agreement and Terms
• We facilitate but don't control Microsoft's service delivery
• Data residency and compliance are governed by Microsoft's policies
• Pricing changes from Microsoft will be passed through to you

6. Payment Terms

6.1 Billing

• Managed service fees are billed monthly in advance
• Project work is billed as specified in the Statement of Work
• Additional services are billed at our current hourly rates
• Third-party licenses and services are billed at standard retail pricing

6.2 Payment

• Payment is due within 15 days of invoice date
• Late payments may incur a 1.5% monthly service charge
• We reserve the right to suspend services for accounts 60+ days overdue

6.3 Disputes

Billing disputes must be reported within 15 days of invoice date. Disputed amounts must be paid pending resolution.

7. Limitation of Liability

7.1 Service Limitations

While we strive for excellence, technology services have inherent limitations:

• No technology solution is 100% secure or failure-proof
• We cannot guarantee prevention of all security breaches or data loss
• System availability depends on factors beyond our control
• Third-party service disruptions may affect our service delivery

7.2 Liability Cap

Our total liability for any claim arising from our services is limited to the amount you paid us in the 6 months preceding the claim.

7.3 Exclusions

We are not liable for:

• Indirect, incidental, or consequential damages
• Lost profits or business opportunities
• Data loss (except as caused by our gross negligence)
• Third-party service failures
• Issues arising from your failure to follow recommendations

8. Service Level Agreement

8.1 Support Hours

• Standard Support: Monday-Friday, 8 AM - 5 PM CT
• Emergency Support: 24/7 for critical issues (managed service clients)
• Holiday Schedule: Limited support on major US holidays

8.2 Response Times

Target response times for managed service clients:

• Critical Issues: 1 hour
• High Priority: 2 hours
• Normal Priority: 4 hours
• Low Priority: Next business day

8.3 Exclusions

SLA does not apply to:

• Issues caused by client actions or third-party services
• Scheduled maintenance windows
• Force majeure events
• Services not covered under your agreement

9. Data Protection & Security

9.1 Confidentiality

We maintain strict confidentiality of all client information and data accessed during service delivery. Our team members are bound by confidentiality agreements.

9.2 Security Practices

We implement industry-standard security practices including:

• Encrypted connections for remote access
• Multi-factor authentication where available
• Regular security training for our staff
• Secure handling of credentials and sensitive data

9.3 Privacy

Our data handling practices are detailed in our Privacy Policy, which forms part of these Terms.

10. SMS Communications

We offer SMS support for convenient communication with clients. By providing your mobile number, you agree to our SMS Terms & Conditions, which include:

• Receiving support-related text messages
• Standard message and data rates apply
• Message frequency varies based on support needs
• Text STOP to opt-out at any time
• Text HELP for assistance

Full SMS terms are available at datanetwork.tech/sms-terms.php

11. Intellectual Property

11.1 Client Property

You retain all rights to your data, content, and existing intellectual property. We only use these as necessary to provide services.

11.2 Our Property

We retain ownership of our methodologies, tools, scripts, documentation templates, and any intellectual property we develop independently.

11.3 Deliverables

Custom work created specifically for you becomes your property upon full payment, except for any pre-existing materials or general methodologies we incorporate.

12. Termination

Termination terms are primarily governed by your specific Service Agreement or contract with us. The following applies unless otherwise specified in your individual agreement:

12.1 Term

Services continue as specified in your Service Agreement.

12.2 Effect of Termination

Upon termination:

• We'll provide reasonable transition assistance (fees may apply)
• You must pay all outstanding invoices
• We'll return or destroy your confidential information
• Your access to our management portals will be discontinued
• License and subscription management responsibilities transfer to you

13. Dispute Resolution

13.1 Informal Resolution

We prefer to resolve disputes informally. Please contact us directly to discuss any concerns before pursuing formal action.

13.2 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

13.3 Venue

Any legal action must be brought in the state or federal courts located in Blanco County, Texas.

13.4 Attorney's Fees

The prevailing party in any legal action shall be entitled to recover reasonable attorney's fees and costs.

14. Changes to Terms

We may update these Terms to reflect changes in our services, legal requirements, or business practices. When we make changes:

• We'll update the "Last Updated" date
• Material changes will be communicated to active clients
• Continued use of services after changes constitutes acceptance
• You may terminate if you disagree with material changes