Terms of Service
By using the SMB Integrations services, you agree to be bound by the following terms and conditions. SMB Integrations reserves the right to change the Terms of Service at any time without notice, and your continued use of SMB Integrations constitutes your consent to such changes.
- Description of services
SMB Integrations will provide an ongoing set of Managed Services including hardware & software audits, application and performance monitoring, antivirus management, and other services as described on the Services Matrix page for each specific service.
- Limitations of scope
SMB Integrations will not be responsible for work that is beyond the scope of services set forth in the subscription plan in effect at the time Client initiates the service. Any changes to the scope of services will not be effective unless approved by both parties.
- Management responsibility
SMB Integrations will provide certain tools, methods and resources to Client that are intended to help Client grow and build its business. However, Client is fully and exclusively responsible for its own business performance and Client satisfaction. In addition, Client has full and exclusive responsibility for understanding and ensuring compliance with any regulatory, legal or contractual obligations related to Client’s business, including without limitation, data held by Client and its Clients, information provided by Client to Clients and/or other third parties and any safeguarding and security measures that may be required. SMB Integrations may participate in implementing needed systems services and functions, but Client is solely responsible for the final outcomes, actions taken and results produced.
Customer hereby acknowledges and agrees that SMB Integrations shall have the right to use the name of Client, including the Client’s website, for reference as a customer of SMB Integrations services for referral and marketing purposes.
Except for reasons of non-performance by either party, this Agreement shall remain in effect until formally terminated in writing by either party. SMB Integrations will start subscription billing to Client beginning the date (“Renewal Date”) client agrees to these terms of services and it shall automatically renew for subsequent one (1) month periods until it is formally terminated in writing or email. Termination of this Agreement requires written or email notice delivered thirty (30) days prior to the desired date of termination. A repeated failure to make payment by date due during any period gives SMB Integrations the option for immediate termination. Upon the expiration or termination of this Agreement for non-payment or non-performance by client, (i) all licenses granted by SMB Integrations to Client hereunder shall automatically terminate and Client shall immediately cease its use of the licensed hardware, software and other provided resources, and (ii) Client’s right to the Managed Services afforded to SMB Integrations’s Clients shall automatically terminate.
- Payment for services
Client will pay monthly fees to SMB Integrations for a subscription to Managed Services as described in SMB Integrations’s plan in effect at the time of this agreement and for the license to use the SMB Integrations hardware, software and licensed products in conjunction with these services. Payment will be made by automatic credit card transactions. Invoices will include monthly subscription fees and any additional fees for elective or other additional Services that have been purchased by the Client. Invoices will be issued and automatic transactions processed on the Renewal Date as described in Section 5 above. SMB Integrations reserves the right to assess and collect late-payment charges of 1.5% per month on past due balances.
SMB Integrations shall provide its services and meet its obligations under this Agreement in a timely and professional manner, using knowledge and skills consistent with generally acceptable standards in SMB Integrations’s industry, and will provide a standard of care based on commercially reasonable efforts. The services and all products provided as part of the services are provided “as is” and SMB Integrations disclaims, client waives, any warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty or representation related to the services. SMB Integrations does not warrant that the software or any products or services provided hereunder will be uninterrupted or error-free. Under no circumstances, including negligence, shall the Company be liable for any direct, incidental, special or consequential damages or otherwise, including any damages that result from the use of or inability to use the products included in the Managed Services. The Company shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
Subject to the provisions hereof, Client shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against SMB Integrations and its licensors arising from products or services related to this Agreement. Conversely, SMB Integrations shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Client arising from the gross negligence or intentional misconduct of SMB Integrations.