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Terms and Conditions for;
Invoices, Payments, and Services

 

 

Overview

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These Terms and Conditions ("Terms") govern the provision of services ("Services") and products ("Goods") by Etech Rivals, referred to as "we," "us," or "our," to you, the client ("Client"). By engaging our Services, accepting quotes, retainer invoices, sales orders, invoices, recurring invoices, sales receipts, or making any payments, you agree to be bound by these Terms. These Terms apply to all users, including customers, vendors, and contributors of content. Your continued use of our Services constitutes your acceptance of these Terms.

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1. DEFINITIONS


1.1 Services: Includes Managed IT Services, IT consulting, network security, software licensing, data backup and recovery, and other related services as detailed in your specific agreement or proposal.
1.2 Goods: Includes hardware, software, and any other products sold or provided by Etech Rivals.

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2. BILLING, INVOICING, AND PAYMENT TERMS


2.1 Invoice Issuance: Invoices are issued upon completion of services, delivery of products, or according to the schedule agreed upon in the contract, quote, or statement of work.
2.2 Payment Due Date: Payments are due within 30 days of the invoice date unless otherwise specified in your contract or on the invoice.
2.3 Late Payments: A late fee of 3% per month, or the highest rate permitted by law, will be charged on overdue invoices. If payment is not received within 3 days after the due date, Services may be suspended or terminated without further notice. Reinstatement of Services will be at our sole discretion and may incur additional fees.
2.4 Disputed Invoices: Any invoice disputes must be raised in writing within 15 days of the invoice date. Failure to dispute within this timeframe constitutes acceptance of the invoice as accurate.
2.5 Collections: In the event of non-payment, you agree to pay all costs of collection, including but not limited to legal fees, court costs, and agency fees.
2.6 Chargebacks and Payment Disputes: You agree not to file any chargebacks or payment disputes without first attempting to resolve the issue directly with Etech Rivals. Unauthorized chargebacks may result in immediate termination of services and legal action to recover losses.
2.7 Taxes and Fees: All applicable taxes, duties, and fees are the responsibility of the Client unless expressly stated otherwise on the invoice.

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3. SERVICE AVAILABILITY AND SUPPORT


3.1 Service Hours: Standard support hours are 8:00 - 4:00 PM, Monday - Friday PST unless otherwise stated in your service agreement. After-hours or emergency support may incur additional charges.
3.2 Service Level Agreements (SLAs): SLAs, if applicable, are detailed in your service contract and specify response and resolution times.
3.3 Availability: While we strive to provide continuous, uninterrupted service, planned maintenance, emergencies, and other unforeseen events may impact availability. Etech Rivals will make reasonable efforts to minimize downtime.

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4. MODIFICATIONS TO SERVICES, PRODUCTS, AND PRICING


4.1 We reserve the right to modify or discontinue the Services, products, or any part thereof with prior notice where possible. We shall not be liable to you or any third party for any price change, modification, suspension, or discontinuation of Services or products.

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5. SERVICE LIMITATIONS, LIABILITY, AND WARRANTIES


5.1 Service Availability: We do not guarantee uninterrupted, error-free, or secure access to our Services.
5.2 Limitations of Liability: Etech Rivals, including our employees, affiliates, agents, or subcontractors, shall not be liable for any direct, indirect, incidental, punitive, or consequential damages arising from the use of our Services or products, including but not limited to loss of data, profits, business interruption, cybersecurity incidents, or unauthorized access. Our liability is limited to the lesser of the amount paid by you for the Services or products in the 12 months preceding the claim or $10,000.
5.3 No Warranty: All Services and products are provided "as is" and "as available," without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
5.4 Cybersecurity and Data Protection: Etech Rivals implements reasonable security measures but cannot guarantee total protection against cyber threats. You agree to maintain security measures on your end and acknowledge that data breaches, hacking, and other unauthorized access risks exist.

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6. CLIENT RESPONSIBILITIES


6.1 Access: You agree to provide access to systems, networks, and information as required for us to perform the Services.
6.2 Data Backup: You are responsible for backing up all data and information before we provide Services. We are not liable for any data loss, corruption, or restoration costs.
6.3 Compliance: You must comply with all applicable laws and regulations. Any violation of laws, including but not limited to data privacy laws, is your responsibility.
6.4 Non-Solicitation: You agree not to solicit, hire, or engage any of our employees, contractors, or subcontractors during the term of our agreement and for 12 months thereafter. Breach of this clause will result in a penalty reflecting actual damages, estimated as 12 months of the employee’s salary or contractor’s fees.

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7. TERMINATION


7.1 Termination by Client: You may terminate Services with 30 days’ written notice. You remain responsible for all charges incurred up to the termination date.
7.2 Termination by Etech Rivals: We reserve the right to terminate Services for non-payment, breach of these Terms, fraudulent activity, or any form of misuse. Upon termination, you are liable for all unpaid invoices and any applicable termination fees as specified in your contract.
7.3 Post-Termination Obligations: All obligations, including confidentiality, indemnification, and liability clauses, shall survive the termination of Services. The Client is required to cease use of any intellectual property, software, or other materials provided by Etech Rivals upon termination, and return or destroy any proprietary information as instructed.

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8. INTELLECTUAL PROPERTY AND CONFIDENTIALITY


8.1 Ownership: All intellectual property rights in any deliverables provided by us, including but not limited to software, documentation, and proprietary methods, remain with Etech Rivals unless otherwise agreed in writing. Unauthorized use, reproduction, or distribution is prohibited and will be pursued legally.
8.2 Confidentiality: Both parties agree to protect each other’s confidential information, including trade secrets, customer data, and any proprietary business information, and not disclose it to third parties without prior consent. Breaches of confidentiality may result in legal action, including claims for damages, costs, and injunctive relief.

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9. INDEMNIFICATION


You agree to indemnify, defend, and hold Etech Rivals, its employees, affiliates, agents, and contractors harmless from any claims, damages, liabilities, losses, or expenses, including legal fees, arising from your use of our Services, violation of these Terms, negligence, fraud, misconduct, or infringement of any third-party rights. This indemnification obligation shall survive the termination of these Terms.

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10. FORCE MAJEURE


We shall not be liable for any delays or failures in performance due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, cyberattacks, labor disputes, power outages, or other unforeseen circumstances. Both parties agree to notify each other promptly of such events and take reasonable steps to mitigate their impact.

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11. GOVERNING LAW AND DISPUTE RESOLUTION


These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration in Las Vegas, Nevada, in accordance with the rules of the American Arbitration Association. If arbitration is deemed unenforceable, any legal action shall be brought exclusively in the courts of Nevada.

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12. AMENDMENTS TO TERMS


Etech Rivals reserves the right to update or modify these Terms at any time. Any changes will be posted on our website, and Clients will be notified via email or invoice footnotes if the changes materially affect their rights. Continued use of our Services constitutes acceptance of any changes. Clients are encouraged to review these Terms periodically.

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CONTACT INFORMATION


For any questions, concerns, or support related to these Terms, please contact us:

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Updated 09/02/2024 Rev 0.001

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