Terms and Conditions for Boulder IT Solutions, LLC
Last Updated: August 1, 2023
1. Acceptance of Terms
By engaging the services or purchasing hardware or software from Boulder IT Solutions, LLC (Company), you (Client) agree to be bound by these Terms and Conditions (Terms). These Terms govern all services provided and products sold by the Company, including IT consulting, technical support, hardware, and software sales. If you do not agree to these Terms, you may not use our services or purchase our products.
Services
2.1 Scope of Services
The Company provides IT services, including but not limited to IT consulting, network setup and maintenance, cybersecurity, cloud services, and technical support, as outlined in the service agreement or proposal provided to the Client (Service Agreement). The scope, deliverables, and timeline of services will be specified in the Service Agreement.
2.2 Service Performance
The Company will perform services in a professional and workmanlike manner, adhering to industry standards. However, the Company does not guarantee specific outcomes or results unless explicitly stated in the Service Agreement.
2.3 Client Responsibilities
The Client agrees to provide accurate information, access to systems, and cooperation as reasonably required to enable the Company to perform the services. Delays or failure to provide necessary access or information may impact service delivery and timelines.
Hardware and Software Sales
3.1 Product Sales
The Company sells hardware (e.g., servers, computers, networking equipment) and software (e.g., licenses, applications) as specified in the purchase order or sales order (Sales Order). Products are subject to availability and may require lead time for delivery.
3.2 Title and Risk of Loss
Title to hardware products and risk of loss pass to the Client upon delivery to the shipping carrier unless delivered by the Company. The Client is responsible for inspecting products upon receipt and reporting any damage or defects within five (5) business days.
3.3 Software Licenses
Software products are provided under the terms of the applicable software license agreement from the software provider. The Company is not responsible for the functionality or performance of third-party software beyond facilitating the license purchase.
Pricing and Payment
4.1 Service Fees
Fees for services are outlined in the Service Agreement. Unless otherwise specified, fees are billed on a time-and-materials basis or as a fixed fee for specific deliverables.
4.2 Product Pricing
Prices for hardware and software are specified in the Sales Order or purchase order. Prices exclude taxes, shipping, and handling fees unless otherwise stated.
4.3 Payment Terms
Payments are due within thirty (30) days of the invoice date unless otherwise agreed in writing. Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law. The Company reserves the right to suspend services or withhold product delivery for overdue accounts.
Warranties
5.1 Service Warranty
The Company warrants that services will be performed with reasonable care and skill. If services are found to be defective, the Client must notify the Company within thirty (30) days, and the Company will, at its discretion, re-perform the defective services or issue a refund for the affected portion.
5.2 Product Warranty
Hardware and software products are subject to the manufacturer’s warranty, if any. The Company does not provide additional warranties beyond those offered by the manufacturer. The Company will assist with facilitating warranty claims with the manufacturer.
5.3 Disclaimer
Except as expressly stated, the Company disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose.
Limitation of Liability
To the maximum extent permitted by law, the Company’s total liability for any claims arising from services or products shall not exceed the fees paid by the Client for the specific service or product giving rise to the claim. The Company shall not be liable for indirect, consequential, incidental, or punitive damages, including but not limited to loss of data, profits, or business opportunities, even if advised of the possibility of such damages.
Intellectual Property
7.1 Ownership
Any intellectual property developed by the Company in the course of providing services (e.g., custom software, configurations) remains the property of the Company unless otherwise specified in the Service Agreement. The Client is granted a non-exclusive, non-transferable license to use such intellectual property solely for the intended purpose.
7.2 Third-Party Software
The Client acknowledges that third-party software is subject to the respective licensor’s terms and conditions, and the Company is not responsible for any infringement or misuse by the Client.
Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the business relationship. This obligation survives the termination of the agreement for a period of three (3) years.
Termination
9.1 Termination for Convenience
Either party may terminate a Service Agreement with thirty (30) days’ written notice, subject to payment for services rendered or products delivered up to the termination date.
9.2 Termination for Cause
The Company may terminate any agreement immediately if the Client fails to make payments, breaches these Terms, or becomes insolvent. The Client may terminate for cause if the Company materially breaches its obligations and fails to cure within thirty (30) days of written notice.
Force Majeure
The Company shall not be liable for delays or failure to perform due to causes beyond its reasonable control, including but not limited to natural disasters, government actions, or supply chain disruptions.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Nevada. Any disputes arising under these Terms shall be resolved in the courts of Clark County, Nevada.
Amendments
The Company reserves the right to update these Terms at any time. The Client will be notified of material changes, and continued use of services or purchase of products constitutes acceptance of the updated Terms.
Entire Agreement
These Terms, together with any Service Agreement or Sales Order, constitute the entire agreement between the parties and supersede all prior agreements or understandings, whether written or oral.
Contact Information
For questions or concerns regarding these Terms, please contact:
1. Acceptance of Terms
By engaging the services or purchasing hardware or software from Boulder IT Solutions, LLC (Company), you (Client) agree to be bound by these Terms and Conditions (Terms). These Terms govern all services provided and products sold by the Company, including IT consulting, technical support, hardware, and software sales. If you do not agree to these Terms, you may not use our services or purchase our products.
2.1 Scope of Services
The Company provides IT services, including but not limited to IT consulting, network setup and maintenance, cybersecurity, cloud services, and technical support, as outlined in the service agreement or proposal provided to the Client (Service Agreement). The scope, deliverables, and timeline of services will be specified in the Service Agreement.
2.2 Service Performance
The Company will perform services in a professional and workmanlike manner, adhering to industry standards. However, the Company does not guarantee specific outcomes or results unless explicitly stated in the Service Agreement.
2.3 Client Responsibilities
The Client agrees to provide accurate information, access to systems, and cooperation as reasonably required to enable the Company to perform the services. Delays or failure to provide necessary access or information may impact service delivery and timelines.
3.1 Product Sales
The Company sells hardware (e.g., servers, computers, networking equipment) and software (e.g., licenses, applications) as specified in the purchase order or sales order (Sales Order). Products are subject to availability and may require lead time for delivery.
3.2 Title and Risk of Loss
Title to hardware products and risk of loss pass to the Client upon delivery to the shipping carrier unless delivered by the Company. The Client is responsible for inspecting products upon receipt and reporting any damage or defects within five (5) business days.
3.3 Software Licenses
Software products are provided under the terms of the applicable software license agreement from the software provider. The Company is not responsible for the functionality or performance of third-party software beyond facilitating the license purchase.
4.1 Service Fees
Fees for services are outlined in the Service Agreement. Unless otherwise specified, fees are billed on a time-and-materials basis or as a fixed fee for specific deliverables.
4.2 Product Pricing
Prices for hardware and software are specified in the Sales Order or purchase order. Prices exclude taxes, shipping, and handling fees unless otherwise stated.
4.3 Payment Terms
Payments are due within thirty (30) days of the invoice date unless otherwise agreed in writing. Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law. The Company reserves the right to suspend services or withhold product delivery for overdue accounts.
5.1 Service Warranty
The Company warrants that services will be performed with reasonable care and skill. If services are found to be defective, the Client must notify the Company within thirty (30) days, and the Company will, at its discretion, re-perform the defective services or issue a refund for the affected portion.
5.2 Product Warranty
Hardware and software products are subject to the manufacturer’s warranty, if any. The Company does not provide additional warranties beyond those offered by the manufacturer. The Company will assist with facilitating warranty claims with the manufacturer.
5.3 Disclaimer
Except as expressly stated, the Company disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose.
To the maximum extent permitted by law, the Company’s total liability for any claims arising from services or products shall not exceed the fees paid by the Client for the specific service or product giving rise to the claim. The Company shall not be liable for indirect, consequential, incidental, or punitive damages, including but not limited to loss of data, profits, or business opportunities, even if advised of the possibility of such damages.
7.1 Ownership
Any intellectual property developed by the Company in the course of providing services (e.g., custom software, configurations) remains the property of the Company unless otherwise specified in the Service Agreement. The Client is granted a non-exclusive, non-transferable license to use such intellectual property solely for the intended purpose.
7.2 Third-Party Software
The Client acknowledges that third-party software is subject to the respective licensor’s terms and conditions, and the Company is not responsible for any infringement or misuse by the Client.
Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the business relationship. This obligation survives the termination of the agreement for a period of three (3) years.
9.1 Termination for Convenience
Either party may terminate a Service Agreement with thirty (30) days’ written notice, subject to payment for services rendered or products delivered up to the termination date.
9.2 Termination for Cause
The Company may terminate any agreement immediately if the Client fails to make payments, breaches these Terms, or becomes insolvent. The Client may terminate for cause if the Company materially breaches its obligations and fails to cure within thirty (30) days of written notice.
The Company shall not be liable for delays or failure to perform due to causes beyond its reasonable control, including but not limited to natural disasters, government actions, or supply chain disruptions.
These Terms shall be governed by and construed in accordance with the laws of the State of Nevada. Any disputes arising under these Terms shall be resolved in the courts of Clark County, Nevada.
The Company reserves the right to update these Terms at any time. The Client will be notified of material changes, and continued use of services or purchase of products constitutes acceptance of the updated Terms.
These Terms, together with any Service Agreement or Sales Order, constitute the entire agreement between the parties and supersede all prior agreements or understandings, whether written or oral.
For questions or concerns regarding these Terms, please contact:
Boulder IT Solutions, LLC
220 East Horizon Drive, Suite D
help@boulderits.com
702-765-0060