Terms of Service

Last Updated: December 30, 2024

Welcome to TheDesk.Tech. These Terms of Service ("Terms") govern your use of our IT support services and website. By using our services, you agree to these Terms. Please read them carefully.

1. Services Overview

TheDesk.Tech provides IT support services including, but not limited to:

• Remote and onsite technical support
• Device troubleshooting and configuration
• Software setup and assistance
• Network support and security services
• System monitoring and maintenance
• Technology consulting and implementation

Specific services provided will be outlined in your service agreement or statement of work.

2. Eligibility

Our services are intended for:

• Business entities and organizations
• Individuals 18 years or older
• Users located in jurisdictions where our services are legal

By using our services, you represent that you meet these requirements and have the authority to enter into these Terms on behalf of your organization (if applicable).

3. Service Plans and Pricing

Hourly Support

• Billed at our current hourly rate (see website for current pricing)
• Minimum 30-minute increments
• Prepaid hour blocks available at discounted rates

Monthly Plans

• Billed monthly in advance
• Per-user pricing for most plans
• 30-day notice required for plan changes or cancellation

Additional Charges

• Onsite visits may incur additional fees (if not included in plan)
• After-hours emergency support (rates disclosed in advance)
• Third-party software licenses or hardware (billed at cost)

4. Payment Terms

• Payment is due upon receipt of invoice unless otherwise agreed
• Monthly plans are billed on the same day each month
• Late payments may incur a 1.5% monthly finance charge
• We accept credit cards, ACH transfers, and checks
• Unpaid balances may result in service suspension after 15 days

5. Cancellation and Refunds

By You

• Hourly services: Can be discontinued at any time
• Monthly plans: Require 30 days written notice
• Prepaid hour blocks: Non-refundable but can be used until exhausted

By Us

We may terminate services with 30 days notice, or immediately for:

• Non-payment after reasonable notice
• Violation of these Terms
• Abusive or harassing behavior toward our team
• Illegal use of our services

Refunds

• Monthly plan fees are non-refundable but will not be charged after cancellation takes effect
• Unused prepaid hours remain available for 12 months from purchase
• Refunds for specific services may be issued at our discretion for service issues

6. Your Responsibilities

You agree to:

• Provide accurate information about your systems and IT environment
• Maintain current backups of your data (we recommend multiple backup methods)
• Grant necessary access and permissions for us to perform services
• Follow our security recommendations and best practices
• Notify us promptly of any security incidents or concerns
• Comply with all applicable laws and regulations
• Not use our services for illegal activities or to harm others

7. Remote Access

When we provide remote support:

• You grant us temporary access to your systems
• We use secure remote access tools
• Sessions are logged for quality and security purposes
• You can terminate a session at any time
• Access credentials are stored securely and not shared

8. Data and Privacy

• Your data remains your property
• We access only what's necessary to provide services
• We maintain confidentiality of your information
• See our Privacy Policy for detailed information handling practices
• We are not responsible for data you do not properly back up

9. Service Limitations and Warranties

Service Availability

We strive to provide reliable service but cannot guarantee:

• Uninterrupted or error-free service
• Specific response times (except as stated in service agreements)
• Compatibility with all hardware, software, or configurations
• Resolution of all technical issues

Disclaimer of Warranties

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

Third-Party Products

We are not responsible for:

• Performance of third-party hardware or software
• Compatibility issues with existing systems
• Warranties provided by manufacturers (which remain with you)

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability for any claim is limited to the amount you paid us in the 3 months prior to the claim
• We are not liable for indirect, incidental, consequential, or punitive damages
• We are not liable for data loss if you have not maintained proper backups
• We are not liable for business interruption, lost profits, or lost revenue

Critical Data Protection: You are responsible for maintaining current backups. We strongly recommend multiple backup methods (local and cloud) for critical data.

11. Indemnification

You agree to indemnify and hold TheDesk.Tech harmless from any claims, damages, or expenses arising from:

• Your violation of these Terms
• Your violation of any law or third-party rights
• Your use of our services in an unauthorized manner
• Content you provide or actions you take using our services

12. Intellectual Property

• Our website content, tools, and documentation are our property
• You receive a limited license to use our services for their intended purpose
• Any custom scripts or documentation we create remain our property but you have a perpetual license to use them
• You retain all rights to your data and content

13. Confidentiality

Both parties agree to:

• Keep confidential information private
• Use confidential information only for providing/receiving services
• Not disclose confidential information to third parties without consent
• Return or destroy confidential information upon request

Confidential information does not include information that is publicly available, independently developed, or lawfully obtained from third parties.

14. Force Majeure

We are not liable for delays or failures in performance caused by circumstances beyond our reasonable control, including:

• Natural disasters
• Internet or telecommunications failures
• Power outages
• Government actions
• Pandemics or health emergencies

15. Dispute Resolution

Informal Resolution

Before pursuing legal action, you agree to contact us to attempt informal resolution of any dispute.

Governing Law

These Terms are governed by the laws of the State of Michigan, without regard to conflict of law principles.

Arbitration

Any disputes not resolved informally will be settled through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Oakland County, Michigan.

Class Action Waiver

You agree to bring claims only in your individual capacity, not as part of a class action or representative proceeding.

16. Changes to Terms

We may update these Terms by:

• Posting updated Terms on our website
• Updating the "Last Updated" date
• Notifying active clients by email for material changes

Continued use of our services after changes constitutes acceptance of the updated Terms.

17. General Provisions

Entire Agreement

These Terms, along with any service agreements and our Privacy Policy, constitute the entire agreement between you and TheDesk.Tech.

Severability

If any provision is found unenforceable, the remaining provisions continue in full effect.

No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Survival

Provisions that by their nature should survive termination (including payment obligations, liability limitations, and dispute resolution) will survive.

18. Contact Information

19. Acknowledgment

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.