Terms of Service

1. Acceptance of Terms

By accessing or using SmardyTEK Solutions' website (smardytekconsults.com) and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our website or services. We reserve the right to modify these Terms at any time, and your continued use of our services constitutes acceptance of any changes.

2. Services Description

SmardyTEK Solutions provides IT consultation, technical support, infrastructure management, cybersecurity solutions, and related technology services to small businesses. Our services include but are not limited to:

• 24/7 technical support and helpdesk services
• IT infrastructure management and monitoring
• Cybersecurity protection and compliance
• Cloud services and data backup
• Hardware and software setup and maintenance
• IT strategy consulting and planning

Specific services, features, and availability may vary based on your selected plan and service agreement.

3. User Eligibility and Account Registration

To use our services, you must:

• Be at least 18 years old and have the legal capacity to enter into binding contracts
• Provide accurate, complete, and current information during registration
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized use of your account
• Be responsible for all activities that occur under your account

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

4. Payment Terms

Fees and Billing

• All fees are stated in U.S. Dollars (USD)
• Monthly subscriptions are billed in advance on the first day of each billing cycle
• Fees are non-refundable except as required by law or as explicitly stated in your service agreement
• We may change our fees upon 30 days' notice
• You authorize us to charge your payment method for all fees incurred

Late Payments

If payment is not received when due, we reserve the right to:

• Suspend or terminate your access to services
• Charge late fees of 1.5% per month (or the maximum permitted by law)
• Engage collection services for overdue amounts

Taxes

You are responsible for paying all applicable taxes, duties, and governmental charges. If we are required to collect or pay taxes, those amounts will be added to your invoice.

5. Service Level Agreement (SLA)

We strive to provide reliable, high-quality services. Our SLA commitments include:

• Response Times: Average response time under 15 minutes for urgent issues (Professional and Enterprise plans)
• Uptime: Target 99.9% service availability
• Support Hours: As specified in your service plan

SLA terms may vary by plan. Detailed SLA commitments will be provided in your service agreement. SLA guarantees do not apply during scheduled maintenance, force majeure events, or issues caused by factors outside our control.

6. Term and Termination

Subscription Term

Services are provided on a month-to-month basis unless otherwise specified in your service agreement. Your subscription will automatically renew each month until terminated.

Termination by You

You may cancel your subscription at any time by providing 30 days' written notice. Cancellation takes effect at the end of your current billing period. No refunds will be provided for the current billing period.

Termination by Us

We may suspend or terminate your services immediately if:

• You breach these Terms
• Payment is overdue
• You engage in fraudulent, illegal, or abusive behavior
• Required by law or regulatory authority

Effect of Termination

Upon termination, your right to access and use the services will immediately cease. We will provide you with a reasonable opportunity to retrieve your data, but we are not obligated to retain your data after termination.

7. Acceptable Use Policy

You agree NOT to:

• Use our services for any illegal or unauthorized purpose
• Violate any laws, regulations, or third-party rights
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of our services
• Use our services to send spam or unsolicited communications
• Reverse engineer, decompile, or disassemble our software
• Remove or alter any proprietary notices or labels

8. Intellectual Property Rights

All content, features, and functionality of our services, including but not limited to text, graphics, logos, software, and documentation, are owned by SmardyTEK Solutions or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use our services for your business purposes. This license does not include any resale or commercial use of our services or content.

9. Data and Confidentiality

Your Data: You retain all rights to your data. By using our services, you grant us the right to access, store, and process your data solely to provide and improve our services.

Data Security: We implement industry-standard security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.

Confidentiality: Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the provision of services.

10. Warranties and Disclaimers

Our Warranties: We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards.

DISCLAIMER: EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that our services will be uninterrupted, error-free, or completely secure. We are not responsible for delays, failures, or interruptions resulting from causes beyond our reasonable control.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARDYTEK SOLUTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

Our total liability for any claims arising from these Terms or your use of our services shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless SmardyTEK Solutions and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

13. Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

Arbitration: Any dispute arising from these Terms or our services shall be resolved through binding arbitration in San Antonio, Texas, in accordance with the rules of the American Arbitration Association. Each party shall bear its own costs of arbitration.

Exceptions: Either party may seek injunctive relief in court to protect intellectual property rights or confidential information.

14. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and SmardyTEK Solutions
• Severability: If any provision is found invalid, the remaining provisions remain in effect
• Waiver: Our failure to enforce any right does not waive that right
• Assignment: You may not assign these Terms without our written consent
• Force Majeure: We are not liable for delays or failures due to circumstances beyond our control