Terms of Service

 

Your agreement for managed services is subject to the terms of this agreement. These terms, the terms incorporated by reference, and the details you agree to in your contract form the entire agreement between you and Techs A Lot, Inc.

  1. Agreement to Purchase Services.

1.1       Business Use – Services are for use exclusively for the business you provided in your contract, and only for business related functions. Remote services are included as long as they pertain to a business function.

1.2              Payments - You authorize Techs A Lot, Inc. to charge your approved payment method for (a) monthly recurring charges, including applicable taxes, for the Services selected in your Contract, or (b) a one-time purchase price on the balance of your yearly contract. Starting on the first day services are rendered.

1.3              Payment Method - You authorize Techs A Lot, Inc. to charge an approved payment method, credit or debit card (where available) for all charges made under the Agreement. Use of a credit or debit card is subject to the terms and conditions in your card member agreement, including fees that may be charged by the issuer. Techs A Lot, Inc. may also update your payment method data with information provided by the payment service providers. You authorize us to continue to charge your payment method following any update to your information.

1.4              Taxes, Fees, Surcharges - In addition to charges for the Services, or any hardware you buy, we may collect or request reimbursement for taxes and other fees and surcharges required by law, including, without limitation, value added, goods and services, consumption, sales, use, gross receipts, excise, and access.

1.5              Payment Disputes & Suspended Services - Disputes on your Techs A Lot, Inc. bill should be handled via your sales contact. In the event of a billing dispute, you must timely pay all undisputed amounts. If the payment dispute is resolved against you, or if you simply fail to pay for Services on time, you must pay the amounts due or your Services will be suspended until the overdue amounts are paid.

2         Hardware Installation.

2.1              It is your responsibility to ensure a safe environment for all hardware installed on your business’ location including but not limited to; building codes, zoning, ordinances, business district or association rules, covenants, conditions, restrictions, lease obligations and landlord/owner approvals and requirements for the installation of the networking hardware, to pay any associated fees or other charges, and to obtain any permits and other authorizations necessary for the Services and the installation of the hardware. Should use of the Services require any construction or alteration to your property, Techs A Lot, Inc. is not obliged to reimburse any expenses or restore your property to the same physical state as prior to delivery of Services.

2.2              Techs A Lot, Inc. is not responsible for any damage inflicted to the hardware once an install is complete. or for the operation of the Kit or the Services resulting from: (a) manual re-positioning of the hardware not performed by Techs A Lot, Inc.; (b) repair, modification, or disassembly of Hardware by anyone other than Techs A Lot, Inc. or its authorized agent; (c) fire, flood, wind, lightning, earthquake, weather, or other acts of nature or God; (e) spills of any substance on Hardware; (d) problems with your electrical power; (e) misuse, abuse, accident, vandalism, alteration, or neglect; (f) normal wear and tear or deterioration, or superficial defects, dents, or marks that do not impact performance of the Hardware; (g) use in combination with devices not provided or approved by Techs A Lot, Inc.

3         Changes and Cancellation.

3.1              Changes - Techs A Lot, Inc. may change or discontinue Services plans, prices, or these terms at any time. Techs A Lot, Inc. will notify you prior to making changes. By continuing to use the Services you agree to any changes.

3.2              Cancellation Rights - You can stop the recurring monthly payment and cancel Services at any time via your sales contact. You are not entitled to any refunds, except as set forth under sections 3.3 (Cancellation, Return and Full Refund).

3.3              Cancellation, Return and Full Refund - You may return an undamaged Hardware within 30 days of receipt for a full refund for any reason. To return the Hardware, reach out to your sales contact.

4         Liabilities.

4.1              LIMITATIONS OF LIABILITY. TECHS A LOT, INC. WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE, INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, LOST REVENUE, WORK STOPPAGE, OR OTHER ASSOCIATED SERVICES. TECHS A LOT, INC. LIABILITY UNDER THESE TERMS FOR ANY INDIVIDUAL CLAIM OR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO TECHS A LOT, INC. UNDER THESE TERMS OVER THE SIX MONTHS PRECEDING THE CLAIM GIVING RISE TO THE LIABILITY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT, SERVICES OR HARDWARE, INCLUDING ANY EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER TECHS A LOT, INC. WAS INFORMED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND REGARDLESS OF WHETHER CLAIMS ARE ASSERTED BASED ON CONTRACT, STATUTE, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL OR EQUITABLE CLAIM OR THEORY PROVIDED, EXCEPT IF AND TO THE EXTENT THAT ANY LIMITATION VIOLATES APPLICABLE MANDATORY LAW THAT THE PARTIES CANNOT DEROGATE FROM BY WAY OF CONTRACT.

4.2              ASSUMPTION OF RISK. YOU AGREE THAT YOUR USE OF THE SERVICES AND HARDWARE, AND SUCH USE BY ANYONE USING YOUR ACCOUNT, IS AT YOUR SOLE RISK. SERVICES ARE NOT SUITED OR INTENDED AS A MISSION-CRITICAL OR SAFETY-OF-LIFE SERVICE.

5         Compliance.

5.1              Privacy - Techs A Lot, Inc. processes personal information as described in its Techs A Lot, Inc. Privacy Policy.

5.2              Acceptable Use Policy - You agree not to use, or permit others to use, the Services in ways that (a) violate any law or applicable regulation, (b) violate the Techs A Lot, Inc. Privacy Policy, or other policies available on the Techs A Lot, Inc. Client Portal, (c) infringe the rights of others, or (d) interfere with the users, Services, or Hardware Installed and monitored by Techs A Lot, Inc. You are responsible for complying with the terms for any third-party services (e.g., account hosting, service providers, etc.) that you subscribe to utilizing Techs A Lot installed Hardware and services.

5.3              Trade Laws - You must comply with all applicable International Trade Controls in the context of these Terms, which means applicable export control, economic sanctions, customs/import, anti-money laundering, and anti-corruption laws and regulations. You acknowledge that you are only authorized to access Services at the location identified on your Order, and you will not divert the Services to any other locations, or to users or for uses that are prohibited under International Trade Controls.

5.4              No Resale - You may not resell access to the Services to others as a stand-alone service.

6         Indemnification.

6.1              You agree to compensate and hold harmless Techs A Lot, Inc. against all claims, liability, damages, costs, and expenses, including but not limited to reasonable attorneys’ fees, arising out of or related to these Terms, any and all uses of your account, and your use of the Services. This includes, without limitation: (a) responsibility for all such consequences resulting from actions by you or any user of your account in violation of these Terms, the Acceptable Use Policy, or any law or regulation; (b) negligent, reckless or intentionally wrongful act by you or any user of your account; and (c) any breach by you of any of the covenants contained in these Terms.

7         Termination by Techs A Lot, Inc.

7.1              Techs A Lot, Inc. may, at any time, without prior notice, immediately terminate or suspend all or a portion of your contract and/or access to the Services for: (a) a violation of these Terms, including the Techs A Lot, Inc. Acceptable Use Policy; (b) a request and/or order from law enforcement, a judicial body, or other government agency; (c) unexpected technical or security issues or problems; (d) a failure to obtain or maintain the necessary governmental authorizations required to bring Services; (e) your participation in fraudulent or illegal activities; (f) your withdrawal of consent to allow Techs A Lot, Inc. to use your personal data to comply with applicable laws as described in the Techs A Lot, Inc. Privacy Policy; or (g) your failure to pay any fees owed for Services if you have not cured such non-payment within 14-day period of receiving a request to cure from Techs A Lot, Inc.

8         General Provisions.

8.1              Severability - If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.

8.2              Eligibility - You must be at least 18 years old (or the legal age of majority in your jurisdiction of residence) to enroll in Services.

8.3              Records - You should keep copies of these Terms and any sales receipt or other materials relevant to your contract of Hardware and Services for your records. Techs A Lot, Inc. reserves the right to substitute, change, cancel, or add to any part of these Terms at any time upon notice to you, and your continued use of the Services constitutes agreement to the updated Terms. Techs A Lot, Inc. will notify you prior to materially changing its Terms.

8.4         No Waiver - No waiver by Techs A Lot, Inc. of any breach of these Terms will be a waiver of any preceding or succeeding breach. No waiver by Techs A Lot, Inc. of any right under these Terms will be construed as a waiver of any other right. Techs A Lot, Inc. will not be required to give notice to enforce strict adherence of these Terms.