Draft for attorney review. Not in effect. This template will change before it applies to anyone.
Terms of Service
Effective: the date set at attorney sign-off (placeholder)
These terms explain how we work with you: proposals, payments, electronic signatures, responsibilities on both sides, and what happens to your data.
1. Who we are
These terms are between Elevate IT Solutions LLC, a Missouri limited liability company (“Elevate”, “we”, “us”), and the business that uses our website or buys our services (“you”).
They apply to this website and to every proposal, agreement, amendment and invoice we send you. If a proposal, agreement or amendment you have signed says something different from these terms, what you signed applies to that work.
2. Our services
We provide hardware procurement, managed IT services, network management and monitoring, endpoint security and monitoring, cybersecurity, cloud solutions, AI implementation and IT consulting, as described on our Services page.
The work we do for you, and its price, is what your signed proposal or agreement describes. Work outside it is quoted separately and done only with your approval.
3. Proposals, amendments and invoices
- We send proposals, amendments and invoices through our client portal. You receive a private link to each by email.
- A proposal shows what we will do, the price, and any options you can choose. It is valid until the date shown on it. We may update a proposal before you sign it; you sign the version shown to you.
- When you sign a proposal electronically, it becomes a binding agreement between us for that work.
- If the work changes after you sign, we send an amendment showing what changed. When you sign it, it replaces the affected items, unpaid invoices are reissued to match, and amounts you have already paid are credited.
- Invoices are sent the same way, with a link to view and pay them.
4. Prices and payment
- Prices are in US dollars. Sales tax is added where the law requires it and is shown on the invoice.
- Each invoice shows its due date. Unless the invoice says otherwise, it is due on receipt.
- If an invoice is unpaid 14 days after its due date, we may pause work until it is paid, after telling you in writing. We do not charge anything extra for late payment.
- If you dispute an invoice, tell us within 30 days and pay the part you don’t dispute while we sort it out.
5. Card and bank prices
Every proposal and invoice shows two complete prices: a card price and a bank price. The card price is our standard price. The bank price is lower. It applies when you pay by bank transfer (ACH), check or wire. The card price applies when you pay by credit or debit card.
You see both prices before you choose how to pay, and the price for the method you choose is the amount charged. Your receipt shows that amount, the payment method and its last four digits.
6. Autopay
- For a monthly agreement, you can let us charge a saved card or bank account automatically when each invoice is due. You set this up in the client portal, where the authorization is shown before you confirm it.
- What you authorize: the invoice total for each billing period under your agreement, at the price for that payment method, as shown on the invoice we email you at least 10 days before the charge.
- If we ever change the date a charge is taken, we tell you by email at least 7 days before the new date.
- How to stop it: switch autopay off in the client portal, or email us. A request we receive at least 3 business days before a charge stops that charge.
- If an automatic payment fails, we tell you and send a link to pay or update your payment method.
- We keep your authorization for 2 years after it ends, as the payment networks require.
7. Electronic signatures and records
Before you sign anything in the client portal, we ask for your consent to do business electronically. That consent:
- covers proposals, agreements, amendments, invoices, receipts and notices about your account with us;
- lets you sign by typing your full name and title and confirming you are authorized to sign for your business, which has the same effect as a handwritten signature;
- needs a current web browser, an email address you check, and a way to open or save PDF files. If these change in a way that affects you, we tell you;
- can be withdrawn at any time by emailing us. After that, we send future records on paper. It does not affect anything already signed;
- includes your right to a paper copy of any record, free of charge, by emailing us;
- depends on your email address being current, so please tell us if it changes.
We keep an exact copy of what you signed, with a record of when and how it was signed, for 7 years. You can download it from the portal at any time.
8. Your responsibilities
- Name a contact person who can make decisions and approve changes.
- Give us the access, information and cooperation we need to do the work, and tell us about changes that affect it.
- Keep the software you use properly licensed.
- Follow reasonable security advice we give you in writing, or tell us if you decide not to.
- Use our services lawfully, and don’t ask us to do anything unlawful.
- Look after the data on devices and systems we don’t manage. Where we manage backups, the scope of what’s backed up is in your agreement.
9. Third-party products and licenses
- Software, cloud services and hardware from other companies (such as Microsoft, Google and hardware manufacturers) come with their own terms, which apply between you and that company.
- Some licenses are annual commitments that the vendor won’t let anyone cancel or reduce part-way through. We tell you before you buy one.
- We aren’t responsible for another company’s outages, changes or products, but we help you deal with them.
10. Hardware
- Ownership of hardware passes to you when it is paid for in full. It is at your risk once delivered.
- Hardware comes with the manufacturer’s warranty. We register it in your name and help with any claim, but the warranty is the manufacturer’s, not ours.
- Returns follow our Refund & Return Policy.
11. Managed services
- Managed services are billed monthly, in advance, for each period of your agreement.
- Unless your agreement says otherwise, it is a 12-month agreement. Either of us can end it at any time with 60 days’ written notice. At the end of the term it renews for another term of the same length unless either of us gives that notice.
- We give you at least 30 days’ written notice before any price change takes effect.
- Help outside Monday to Friday, 8am to 5pm Central is available as a priced add-on.
- Cancellation and refunds follow our Refund & Return Policy.
12. Your data and our access
- Your data stays yours. We use access to your systems only to provide the services you have asked for.
- We use named accounts and multi-factor sign-in for our access, and we remove it when you tell us to.
- Admin passwords, domains, licenses and documentation are kept in your name.
- If you leave, we hand over all of them in writing within 5 business days, whether or not any invoice is outstanding.
- If we learn of a security breach affecting your data in systems we manage, we tell you without unreasonable delay and help you meet any duty you have to notify others.
13. Confidentiality
Each of us keeps the other’s non-public business information confidential, uses it only for our work together, and shares it only with people who need it for that work and are bound to keep it confidential. This doesn’t cover information that is public, already known, or that the law requires us to disclose. It continues after our work together ends.
14. Ownership of work
Once paid for, the documentation, configurations and plans we produce for you are yours. We keep ownership of our own tools, methods and templates, and you may use what we provide as part of your IT for as long as you like.
15. Warranties
We do our work with reasonable care and skill, consistent with good industry practice. If something we did isn’t right, tell us within 30 days and we’ll put it right at no charge.
No IT provider can promise that systems will never fail or never be attacked. Beyond what these terms say, we make no other warranties, including implied warranties of merchantability or fitness for a particular purpose.
16. Limitation of liability
Neither of us is liable to the other for indirect or consequential losses, such as lost profits, lost revenue or lost data, even if we knew they were possible.
Our total liability for any claim relating to our services is limited to the amounts you paid us for the services concerned in the 12 months before the claim arose.
These limits don’t apply to fraud, willful misconduct, or anything the law doesn’t allow to be limited.
17. Indemnification
Each of us will defend and cover the other against third-party claims caused by our own breach of law or of these terms, or by our infringement of someone else’s rights.
18. Ending our work together
- Monthly services end as the Managed services section describes. A one-off project ends when it is complete.
- Either of us can end an agreement straight away if the other seriously breaks it and doesn’t fix the problem within 30 days of written notice.
- When work ends: you pay for work done and items ordered up to that point, we hand over your passwords, licenses and documentation in writing, and we remove our access and monitoring tools.
19. Hiring our team
20. Events beyond our control
Neither of us is responsible for delays caused by events outside our reasonable control, such as severe weather, power or internet outages, or a supplier’s failure. We tell you as soon as we can and resume as soon as possible.
21. Governing law and disputes
These terms are governed by the laws of the State of Missouri. If a dispute arises, we’ll first try to resolve it by talking, for at least 30 days.
22. General
- We are an independent contractor, not your employee or agent.
- Neither of us may transfer an agreement to someone else without the other’s written consent, except as part of selling the business.
- Notices can be given by email to the addresses we each use for our work together.
- Your signed agreement, these terms and our policies are the whole agreement between us for that work.
- If part of these terms can’t be enforced, the rest still applies. Not enforcing a term straight away doesn’t waive it.
23. Changes to these terms
We may update these terms. The new version applies from the effective date shown at the top, and we email clients about significant changes. An agreement you have already signed keeps the terms it was signed under until it renews.
24. Contact
Elevate IT Solutions LLC, Bolivar, Missouri. Email: hello@elevateitpro.com (placeholder). Phone: (417) 600-1188.