Terms of Service
Thank you for your business. We look forward to helping you today and for many years to come. As with any relationship, we believe things work more smoothly when we agree on how business will be conducted. Please review the following agreement.
In exchange for services and/or products to be provided to (“Client”) whether at the time of this Agreement or at any time in the future, I/we agree to be bound by the following terms:
- All labor charges are non-refundable.
- All hardware is sold with a manufacturer’s warranty. Think Technologies Group, LLC provides no additional warranty.
- All electronic Merchandise is non-refundable once used. If electronic merchandise is not used it may be returned within 30 days. There is a 10% restocking fee on all items except special-order items. There is a 20% restocking fee on special-order items.
- Licensed software is not refundable.
- There is a $25 charge on returned checks.
- Labor and Consulting invoices are due and payable to Think Technologies Group, LLC upon completion of the work.
- All unpaid sums shall bear interest at the rate of 1.5% per month.
- Cost of collection, including reasonable attorney’s fees, shall be borne by the client.
- All merchandise remains the property of Think Technologies Group, LLC until paid in full.
- Think Technologies Group, LLC shall not be bound by any terms or conditions printed on a purchase order, check, or correspondence from client without prior written acceptance of such terms.
- Quotations and responses to requests for quotations do not include the price of sales tax or shipping unless these items are explicitly stated. Client is responsible for the cost of sales tax and shipping of all merchandise.
- Think Technologies Group, LLC will not continue to provide services for clients with past due balances. This includes but is not limited to emergency services.
- From time to time Think Technologies Group, LLC may offer for sale items that are demonstration units, refurbished, or used. All such items are sold AS-IS and are not returnable.
- Think Technologies Group, LLC does not guarantee the price and / or the availability of product and / or services quoted.
- All defective merchandise must be returned to Think Technologies Group, LLC, prepaid at Client’s cost.
- Payment of the Monthly Base Rate Service Agreement is invoiced on the anniversary date of the agreement each month during the term of the Agreement and shall be considered delinquent if unpaid within fifteen (15) days of the invoice date.
- All Hosting Agreements will start on the “effective date” of the agreement and be paid monthly on the anniversary date by ACH or Credit Card.
- The fees for the license of the Software do not include taxes. If Service Provider is required to pay or collect any federal, state, local, or value-added tax on any fees charged under this Agreement, or any other similar taxes or duties levied by any governmental authority, excluding taxes levied on Service Provider’s net income, then such taxes and/or duties will be billed to and paid by Customer immediately upon receipt of Service Provider’s invoice and supporting documentation for the taxes or duties charged.
- Think Technologies Group, LLC warrants to Client that the material, analysis, data, programs, and services to be delivered or rendered will be of the kind and quality designated and will be performed by qualified personnel.Think Technologies Group, LLC offers no guarantees or warranties, express or implied, as to system availability and functionality during any phase of its support services and makes no guarantees or warranties, expressed or implied, regarding the ability to resolve computer-related problems, to recover data, or to avoid losing data.Think Technologies Group, LLC makes no other warranties, whether written, oral or implied, including without limitation warranty of fitness for purpose of merchantability. In no event shall Think Technologies Group, LLC be liable for special or consequential damages, either in contract or tort, whether or not the possibility of such damages has been disclosed to Think Technologies Group, LLC in advance or could have been reasonably foreseen by Think Technologies Group, LLC, and in the event this limitation of damages is held unenforceable then the parties agree that by reason of the difficulty in foreseeing possible damages all liability to Client shall be limited to the total dollar amount of services paid by Client to Consultant in the previous three (3) full months as liquidated damages and not as a penalty.
- Jurisdiction. The enforcement of this agreement shall be governed by the laws of Marion County in the State of Florida.
LIMITATION OF LIABILITY
LEGAL ACTION AND JURISDICTION
Service Level Agreement
This Service Level Agreement (“Agreement”) sets forth the details regarding the level of service and technical support for the Think Cloud Hosting Solution (the “Application”) that apply when your account is in good financial standing.
A. For purposes of this Agreement, a Unit of Downtime is one period of at least 1 hour during which the Application is unavailable because of problems with or the unscheduled maintenance of our hardware or system software. Downtime does not include (i) problems caused by factors outside of our reasonable control, (ii) problems resulting from any actions or inactions by you or any third party, (iii) problems resulting from your equipment and/or third party equipment not within our sole control, or (iv) network unavailability during scheduled maintenance of our network and/or servers.
B. Our servers connect to the Internet through redundant high-speed connections on diverse backbones, ensuring data delivery to the end user in a quick and efficient manner. In any calendar month, we guarantee that Downtime will not exceed 4 Units of Downtime excluding, however, regularly scheduled maintenance. Any regularly scheduled maintenance will be performed during the hours of 6pm – 4am EST. We work to ensure the functioning of all network infrastructures through continuous monitoring by our staff.
C. If Downtime exceeds 4 Units of Downtime in any calendar month, we will, upon your written request, credit your account (a “Downtime Credit”) in an amount equal to the pro-rata price for one (1) day of service, for each Unit of Downtime as that term is defined herein.
D. To receive Downtime Credit, you must request such credit by sending an email to email@example.com within seven (7) days after the occurrence of Downtime. The aggregate maximum number of Downtime Credits to be issued for any and all instances of Downtime occurring in a single calendar month will not exceed seven (7). Downtime Credits will be applied upon issue of the first invoice following the request for Downtime Credit, unless the Downtime occurs in your final month of service. In such case, a refund for the dollar value of the Downtime Credit will be mailed to you within thirty (30) days of the expiration of your service agreement.