All services provided by Joshua Scott dba C&B Industries, a sole proprietorship organized under the laws of the state of Idaho, USA (“we” or “us” or the “Company”), are offered according to the terms and conditions in this document, any other client terms or requirements notwithstanding.
I. Definition of Terms
The “Client” or “Customer” is any individual or organization that voluntarily receives services from C&B Industries.
II. Acceptance of Terms & Modifications
By receiving services of any kind from us, the client automatically accepts all of the terms and conditions in the current version of this document, which can always be found on our website. The client also acknowledges that we may modify these terms and conditions at any time without providing notification in any way, although it is our internal policy to do so if and when that occurs. Client agrees to periodically visit our website and review the terms & conditions and to notify us if they reject any of them. If a client rejects any of these terms or conditions whether verbally, or in writing, we reserve the right to refuse service to that client. By using our services, the client represents to us that they are at least 18 years of age (if an individual) and/or that they are authorized as an agent of the company or institution that they represent to enter into binding contracts on behalf of such.
III. Consent to access and modify your devices.
The client authorizes C&B Industries and/or its employees, agents, or third-party service providers to remotely access client’s computers, mobile devices, peripherals, network, software programs, servers, storage media, and/or any other hardware, software or devices (“computers and devices”) covered by and in connection with any services provided for the purpose of diagnosis, service, and repair. This includes opening, viewing, modifying, deleting, or otherwise manipulating your files, software, software or operating system configuration, or any other type of software or data that may be contained on your computers and devices. The client also agrees to the downloading and installation of software or hardware by us as part of the services.
IV. User Data
In the course of providing services, we may receive files, data, or other content (“user data”) from the client. The client represents that it has all rights and licenses to use such content, and hereby grants to us, our employees, and agents the right to use, transfer, copy, store, transmit, and disclose it only for the specific and limited purpose of providing services to the client. We reserve the right to delete user data from our storage and/or servers at any time, for any reason, without providing notice of any kind.
V. Responsibilities of Us and the Client
Our responsibility is to provide clients with timely and effective solutions to their technology problem(s) according to the service type the client has selected, whether it is provided via telephone, remote connection, on-site, or in our shop. If we cannot provide a timely solution via the selected method, we will provide instructions on how to resolve the issue otherwise. We do not guarantee resolution or resolution times so we are not responsible for any problems or issues the customer experiences as a result of the problem, or as a result of a delayed solution. If we refer the client to a third-party for any service, the client contracts directly with the third party at their own discretion and we will not be responsible or liable for any problems or issues that arise as a result of using that third party provider. We are also not responsible for client data backup or loss prevention.
The client’s responsibility is to provide us or our agents with all information pertinent to the problem at hand to the best of their ability. The client is also expected to understand basic instructions that we provide over the phone or otherwise, and agrees to see the problem through to its resolution. Client also consents to the recording of phone calls, remote sessions, or other communications for the purpose of documenting the problem and the resolution process. We agree to store such recordings securely and not to share them with third parties for any reason, except that we may store such recordings on third party servers which are secured and private. Client is responsible for their own data backup and loss prevention.
VI. Availability of Services
Client acknowledges that our services may not be available at all times, and that some computers or devices may not be able to receive the services that we provide, even if it initially appears that they could. Client also acknowledges that high-speed internet is required to receive remote support services and it is the client’s responsibility to provide and ensure adequate connectivity to the Internet. We may at times perform maintenance, or experience other issues that limit availability of our services. We cannot be responsible for a client’s downtime or any other problems that may arise as a result, in the event our services become unavailable.
VII. Third-Party Software
Third-party software is software that is not developed or manufactured by us such as anti-virus or anti-malware programs. We may use third-party software to help resolve a problem for the client. We represent that in such cases, said software is fully licensed and legal to use on a customer’s device to the best of our knowledge. We do not license any software to the client, or make any representation or warranty regarding it. Third-party software is licensed to the client by the respective owner(s) of the software and the client must agree to their terms and conditions to install or use it, even if we assist in acquisition, installation, or use. We do not warrant or represent that we are an authorized service provider of any third-party tools that we use, and we are not responsible for any damage that said software may cause to client’s hardware or software. Client agrees that we may accept End User License Agreements for third-party software on their behalf.
VIII. Data Backup and Data Loss
We will make every good faith effort to assist the client with data backup and loss prevention, including providing notification where potential for data loss exists, or assisting with setting up backup systems and/or procedures. Nevertheless, the client agrees that data backup is their responsibility and that we will not be liable for any loss of data.
IX. Payment Terms
Hourly clients will be invoiced all fees and charges at the end of service or at the end of each month for the current month’s services. Clients may choose to be billed at the time of service, monthly, or quarterly. Subscription clients will be billed according to the terms of the subscription service agreement. All invoices will be due and payable upon receipt and will be considered late after thirty (30) days. If payment is not received within 30 days, we will contact the Client and request payment. No additional services will be provided until all current open invoices are paid in full. NSF checks will be charged a fee of $35.00. The client agrees to pay finance charges on past due balances at the rate of 18% per annum (1.5% per month), and to pay all collection costs, including attorney’s fees, incurred by us in collecting any past due amounts. The Client also agrees to reimburse any pre-approved out of pocket expenses incurred by us in connection with our services, including, but not limited to, office supplies, travel expenses, audit fees, tax fees, postage, etc.
X. Termination & Cancellation Policy
Clients may terminate or cancel our standard service offerings at any time either in writing by letter mailed to the current business address on our website, or by sending an email to josh@cnbindustries.com with a request to cancel service. Upon receipt of this request, we will reply with a confirmation of cancellation and will no longer charge your debit or credit card. Cancellation of service does not necessarily entitle the customer to a refund. See the Refund Policy in these terms for more information about refunds. Some trial offerings, special offerings, or subscription agreements may require the client to maintain service for a certain time period during which the service cannot be canceled. In such cases, the terms of the service agreement will apply. In general, subscription services can be canceled at any time in writing by mail or by email. We will confirm receipt of the cancellation request and services will be canceled at the end of the current month (or other applicable subscription term), and individual months/terms will not be pro-rated or otherwise partially refunded. Refunds are not allowed in the event a client declines any necessary actions needed to resolve the issue, or in the event that the client lacks copies of licensed software needed to resolve an issue or restore functionality (including any operating system software, drivers, or applications). We reserve the right to suspend, cancel, terminate, or refund any service at any time for any reason.
XI. Refund Policy
Clients may submit claims of service deficiencies within seven (7) days of the date the service was completed. If claims are not received within seven days, we will not be required to provide a remedy. In the event of a claim of deficient service, we will make every reasonable effort to resolve the problem. The client agrees to provide us necessary access and sufficient time to do so. If we are unsuccessful after attempting to resolve the issue, we may elect at our sole discretion to issue a refund for the deficient service in the amount deemed appropriate by us. If a refund is issued by us, we will provide a credit to the payment card or account that was used to purchase the service. We cannot guarantee how much time it will take for a refund to be received once we have processed it.
The client is entitled to a refund if no service process has yet been initiated. Once service has been initiated in any way, including by any questions being answered, charges may apply and are non-refundable. The client may not end the support process for the purpose of obtaining a refund. If service is being provided under a promotion which includes a “money-back guarantee” of some kind, then the terms of that promotion will apply. Though recurring or subscription services can be canceled according to their specific plan terms and policies, refunds for previously billed services are not allowed.
No refunds will be provided for failure of data backup, or any other loss of data or data retrieval issue. Failure of any hardware or components after service is not grounds for a refund. No refund will be provided if the client chooses not to continue service or complete a recommended solution, or if a client does not have proper and legal copies of any software that is required for the device to fully work properly.
XII. Confidentiality/Non-disclosure
In the course of performing services, we may gain access to certain confidential or proprietary information of the Client. Such “Confidential Information” shall include all information concerning the business, affairs, products, marketing, systems, technology, customers, end-users, financial affairs, accounting, statistical data belonging to the Client and any data, documents, discussion, or other information developed by us hereunder and any other proprietary and trade secret information of the Client whether in oral, graphic, written, electronic or machine-readable form. We agree to hold all such Confidential Information of the Client in strict confidence and shall not, without the express prior written permission of client, (a) disclose such Confidential Information to third parties; or (b) use such Confidential Information for any purposes whatsoever, other than the performance of its obligations hereunder. The obligations under this Section shall survive termination or expiration of this Agreement.
XIII. Governing Law
These terms are to be construed in accordance with and governed by the internal laws of the State of Idaho, USA.
XIV. Severability
If any provision of these terms shall be held to be illegal, invalid or unenforceable under present or future laws, such provisions shall be fully severable. These terms shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of them; and, the remaining provisions shall remain in full force and effect.
XV. Limitation of Liability
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, DAMAGES FOR LOSS OF PROFITS, INCURRED BY THE OTHER PARTY ARISING OUT OF THE SERVICES PROVIDED UNDER THESE TERMS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EITHER PARTY’S LIABILITY ON ANY CLAIM, LOSS OR LIABILITY ARISING OUT OF OR CONNECTED WITH THESE TERMS EXCEED THE AMOUNTS PAID TO US DURING THE TWO ( 2 ) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR ACTION BY THE CLIENT OR THE LIMITS OF OUR PROFESSIONAL LIABILITY POLICY, WHICHEVER IS GREATER OF THE ERRORS AND OMISSIONS POLICY THAT IS IN PLACE.
XVI. Indemnification
Each party (both us and the Client) shall at its own expense indemnify and hold harmless, and at the other party’s request defend such party its affiliates, subsidiaries, successors and assigns officers, directors, employees, sublicensees, and agents from and against any and all claims, losses, liabilities, damages, demand, settlements, loss, expenses and costs (including attorneys’ fees and court costs) which arise directly or indirectly out of or relate to (a) any breach of this Agreement, or (b) the gross negligence or willful misconduct of a party’s employees or agents.
XVII. Waiver
The waiver by either us or the Client of a breach of or a default under any provision of these terms shall not be effective unless in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of these terms, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.