Backup N Go Terms & Conditions

1) These terms and conditions (the “Agreement”) govern the use of two product service offerings provided by ITPartners LLC, a Michigan limited liability company (“ITPartners+”), namely Backup N Go and Tech N Go. By using either of these services, you (Customer) agree to be bound by this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AND COMPLETELY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (Customer) AND US (ITPartners+). THIS AGREEMENT LIMITS THE LIABILITY OF US TO YOU. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE PLATFORM OR THE SERVICES.

2) Backup N Go Specific Terms
a) Services Included:
• Data backup to various data centers with Datto Holding Corp (Datto), a division of Kaseya Limited.
• Email alert when alerted of backup failures.
• Remote troubleshooting and assistance for backup related software issues.
• Assistance with setup and configuration of the backup system.

b) Backup N Go Services Not Included:
• Data storage or maintenance through ITPartners+.
• Customer is responsible for manual decrementing of licensing when removing a computer from the system.
• Data loss resulting from electrical or internet outages, Customer hardware failure, acts of God, theft/loss/damage to the backed-up device at Customer facility, Customer staff errors, or any data loss and missing data.
• Any financial implications of any planned/unplanned downtime by Datto, for any reason or failures of Customer equipment or software.
• Support for non-computer devices such as smartphones and tablets.

c) Customer may retain ITPartners+ to resolve non-support issues and will be billed at ITPartners+ then current hourly rate. Any issues outside the covered support or other questions or assistance will be billed at the then current ITPartners+ hourly rate. Please contact [email protected] for all support requests.

d) Term: The minimum commitment for this service is 60 days. After the initial term, the service will automatically renew on a month-to-month basis, unless cancelled by the customer with a 15-day written notice.

3) Tech N Go Specific Terms:
a) Services Included:
• Remote troubleshooting and assistance for software issues.
• Assistance with data migration to a new PC.
• Setup and configuration of basic software applications.
• Support for basic email setup and configuration.
• Assistance with basic network connectivity issues.
• Assistance with setting up and configuring printers, scanners, and other peripherals.
• Guidance on setting up and using cloud-based services, such as Dropbox or Google Drive
• Assistance with configuring and troubleshooting email client software
• Support OEM with software updates and patches
• Guidance on best practices for computer security, including recommendations for antivirus and firewall software
• Support with Backup N Go service
• Assistance with recovering lost or deleted files, where possible
• RMM (Remote Monitoring and Management) agent
• Next Gen Antivirus
• Automated Windows Updates
• Automated preventative maintenance
• Automated system health monitoring and alerting
• Real-time threat detection and response

b) Tech N Go Services excluded from support and coverage are any services not explicitly stated in the “Services Included” section including but not limited to:
• Consequential, incidental, special or indirect damages or losses, including but not limited to, loss of use, loss of business, loss of profits, loss of data, down-time and charges for time and effort.
• Pre-existing conditions at the time of your enrollment in this Plan.
• Cosmetic defects, damage to or failures of non-operational components that do not inhibit the proper operation and performance of a covered product, including but not limited to: appearance parts, decorative finishing, finish defects, nonfunctional plastic, trim, attachments, and accessories (except as otherwise stated herein).
• Breakdown resulting from: improper installation or setup, use not approved in the manufacturer’s specifications, unauthorized modifications, alterations, repairs or repair personnel.
• Breakdown due to any design flaw or systemic manufacturing defect, or breakdown covered by a manufacturer’s warranty or manufacturer’s recall in effect at the time of the failure.
• Breakdown caused by acts of God or other disaster (whether natural, man-made, local or catastrophic), abuse, acts of war, civil disorders, corrosion, dirt, mold, dust, earthquake, fire, hail, insects or other animals, liquid immersion, malicious mischief, misuse, negligence, nuclear accident, riot, rust, sand, smoke, storm, terrorist attack, vandalism, wind.
• Costs associated with installation or uninstallation of any covered product.
• Products that are not owned by you, leased and rented products, or products that are not customarily located in your specified residence.
• Breakdown that occurs either while the covered product is in storage or in the course of transit, delivery, or redelivery, other than when located at our designated repair depot.
• Normal periodic or preventative maintenance, inspections, cleaning, or tune-ups, minor adjustments and settings outlined in the owner’s manual that the user can perform, or costs related to any service request which results in customer education or no problem found.
• Covered products whose serial number has been altered or removed.
• Theft or loss of the covered product.
• Liability or damage to property, or injury or death to any person arising out of the operation, maintenance or use of the product.
• Special needs accessories including, but not limited to: handset boosters and visual ring indicators.
• Parts intended for periodic replacement including, but not limited to: batteries (excluding one annual laptop battery), bulbs, external power supplies, styluses, antennas, cartridges.
• Covered products located outside the United States.
• Data or software of any kind that is deleted or damaged during a repair or replacement under this Plan.
• Support or repairs to software, loss or damage to software due to any cause, including but not limited to: computer virus, worm, Trojan programs, adware, spyware, firmware or any other software program.
• Burned-in images and pixel failure within designed specifications or that do not materially alter the product’s functionality.
• PCs that do not have administrator’s permissions. Covered PCs must be able to upload and download software.
• Hardware and printer repairs or replacement.
• Troubleshooting of internet connectivity issues.
• Any issues arising from hardware failure or damage.
• Assistance with setting up and configuring a wireless or wired network.
• Network setup or troubleshooting beyond basic configuration.
• Troubleshooting the quality of print output.
• Troubleshooting of non-standard software applications as deemed by ITPartners+.
• Support for non-computer devices such as smartphones and tablets.
• Warranty support for hardware issues.
• Training and tutoring on software or computer use.
• Reimaging or upgrading of an operating system on a computer.

c) Best Effort Support: The service provider will make a best effort to resolve all software-related issues, but cannot guarantee resolution for all issues.

d) Customer may retain ITPartners+ to resolve non-support issues and will be billed at ITPartners+ then current hourly rate. Any issues outside the covered support or other questions or assistance will be billed at the then current ITPartners+ hourly rate. Please contact [email protected] for all support requests.

e) RMM Agent and Next Gen Antivirus an RMM (Remote Monitoring and Management) agent will be included in the service, along with a Next Gen Antivirus. The cost of these services is subject to change after the initial term ends.

f) Remote Support Access: The RMM agent will include remote support access at all times to the computer. However, we will not remote into a machine unless support is initiated by the customer. This includes the ability to see performance data and not limited to what is viewed on the screen. If available, the Remote Access function may allow an ITPartners+ representative or third party to remotely access, with your authorization, the Device to assist you in managing some features on your Device. You expressly consent to our support technicians or third parties remotely accessing your Device and any other devices included in the services, as well as any data, videos, pictures, text messages or other content thereon. You understand that this access may include visual access to any content available on your Device during the remote share. Your use of the function may also convey certain information about your Device to the representative, including, without limitation, your settings information and information regarding your files and content. Some of the remote accessing features may include remote control of the Device, with your permission. To receive these remote Services, you may be required to download and/or run certain software applications (“Software”) on your Device and/or on any device connected to or used in connection with your Device. You agree to comply with the terms and conditions applicable to the Software and, in the event of a conflict between those terms and conditions and this Agreement, the Software-specific terms and conditions control, but only regarding the Software itself. You are prohibited from and agree not to alter or copy the Software or any other materials provided to you as a result of your use of the Services.

g) Benefits of Remote Monitoring & Management (RMM) Agent The RMM agent will provide the following benefits (this is not a warranty or guarantee implied or otherwise):
• Automated Windows Updates.
• Automated preventative maintenance.
• Automated system health monitoring and alerting.
• Real-time threat detection and response.

h) Term: The minimum commitment for this service is 12 months. After the initial term, the service will automatically renew on a month-to-month basis, unless cancelled by the customer with a 15-day written notice.

4) Best Effort Support: ITPartners+ will make a best effort to resolve all covered issues as outlined in Sections 2a and 3a based on the appropriate plan subscribed to but cannot guarantee resolution for all issues.

a) ITPartners+, its affiliates, or vendors will make its best effort to provide the services listed in the “Services Included” section. We will make every reasonable attempt to resolve any issues the customer may encounter with their computer system, software, or peripherals. However, there is no guarantee that every issue will be resolved or that all services will be available at all times.

b) Remote Support Limitations: When ITPartners+, its affiliates, or vendors deems that it is no longer feasible to provide support remotely, that is when the scope of our support ends, at our determination. This could occur if the issue requires physical intervention, such as hardware replacement or repair. If such an issue arises, ITPartners+, its affiliates, or vendors may recommend that the customer contact a local technician for further assistance. In the event that the customer is unable to obtain assistance from a local technician, ITPartners+, its affiliates, or vendors may be able to provide further assistance, subject to additional fees and conditions. However, we will make it clear to the customer when the scope of our remote support ends, and what options are available to them should further assistance be required.

c) The determination of when it is no longer feasible to provide support remotely will be made by ITPartners+, its affiliates, or vendors, based on the nature of the issue and our professional judgment. We will communicate with the customer as clearly and transparently as possible regarding the issue and what steps we recommend they take to resolve it.

5) Data Backup: Data included in the cloud portion of the backup package is backed up to various data centers with Datto Holding Corp (Datto), a division of Kaseya Limited. No data is stored or maintained through ITPartners+. Although the event of data loss is unlikely, ITPartners+ and its affiliates including but not limited to, Kaseya Limited, shall not be liable for any lost or deleted data. It is the responsibility of the Customer to verify data integrity. Examples of data loss for which ITPartners+ or Kaseya Limited. is not responsible include electrical or internet outages, Customer hardware failure, acts of God, theft/loss/damage to the backed-up device at Customer facility, Customer staff errors, or any data loss and missing data including best effort attempts at resolving issues initiated by the Customer.

6) PASSWORD & ACCOUNT INFORMATION. In order to access certain features and functions, you may be required to provide an email address, mobile phone number, and/or other identifying information and create a password. By creating Your account and using the PLATFORM, You agree to provide ITPartners+ with complete and accurate information. You acknowledge and agree that You are solely responsible for any activity that occurs on or in relation to Your account and for keeping Your password confidential. You are solely liable for any damages resulting from Your failure to maintain the confidentiality of Your account or password. You acknowledge that anyone with access to Your account or password can use the PLATFORM on Your Device. If You suspect that the confidentiality of Your account or password has been compromised, You must immediately change Your password.

7) Customer Responsibility: Customers who back up data with and/or subscribe to services from ITPartners+ assume all responsibility for the content of their data. ITPartners+ shall not be held responsible for any backed-up content. Customer specifically agrees that ITPartners+ will have no liability to, or duty to indemnify Customer, or any third parties claiming through Customer, for any and all losses, costs, expenses, fees, claims, damages, liabilities or causes of action (including without limitation reasonable attorneys’ fees and costs), for any compensatory, punitive, special, indirect, incidental or consequential damages (including loss of profits, revenue or other economic benefits), arising from the failure of ITPartners+ to perform any obligation arising under this Agreement, even if ITPartners+ has been advised of the possibility of such damages, except that ITPartners+ will be liable to Customer to the extent any losses, costs, expenses, fees, claims, damages, liabilities or causes of action are due to the willful misconduct, fraud or intentional tort of ITPartners+. In the event ITPartners+ causes a loss of data during a backup restoration due to any of the above, in no event shall ITPartners+ be liable for any lost data or other damage (including consequential or special damage or lost profits) in excess of 4 months of the then current monthly fee under this Agreement.

8) Affiliates: ITPartners+ shall not be liable for any damages arising out of or in connection with the use or inability to use the services provided by its affiliates or vendors, including but not limited to Datto, Kaseya, SentinelOne, or any other vendor or affiliate used to deliver service as part of the services. Customer agrees to hold harmless and indemnify ITPartners+ and its affiliates, including but not limited to Datto, Kaseya, SentinelOne, or any other vendor or affiliate used to deliver service as part of the services, from any and all claims, damages, losses, or expenses, including attorneys’ fees, arising out of or in connection with the use or inability to use the services provided by such affiliates or vendors. Customer agrees that the liability of ITPartners+ and its affiliates, including but not limited to Datto, Kaseya, SentinelOne, or any other vendor or affiliate used to deliver service as part of the services, shall be limited as set forth in Section 13 of these terms and conditions.

9) Recurring Payment Terms:
a) Payment: The customer will pay ITPartners+ the then-current rates of the service monthly, in advance which is subject to change at any time after the initial 12 months.
b) By providing my bank or credit card information, I authorize ITPartners+ to charge my account for the then current rate on or around the 1st of each month for payment on my debt.
c) I understand that this authorization will remain in effect until I cancel it in writing, and I agree to notify ITPartners+ in writing of any changes in my account information or termination of this authorization at least 15 days prior to the next billing date. If the above noted payment dates fall on a weekend or holiday, I understand that the payments may be executed on the next business day. For ACH debits to my checking/savings account, I understand that because these are electronic transactions, these funds may be withdrawn from my account as soon as the above noted periodic transaction dates.
d) In the case of an ACH Transaction being rejected for Non-Sufficient Funds (NSF) I understand that ITPartners+ may at its discretion attempt to process the charge again within 30 days, and agree to an additional $45 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized recurring payment. I acknowledge that the origination of ACH transactions to my account must comply with the provisions of U.S. law.
e) I certify that I am an authorized user of this credit card/bank account and will not dispute these scheduled transactions with my bank or credit card company; so long as the transactions correspond to the terms indicated in this agreement. I acknowledge that the origination of ACH transactions to my account must comply with the provisions of U.S. law.

10) ITPartners+ is not responsible for any financial implications of any planned/unplanned downtime from ITPartners+ or its Affiliates

11) Customer is responsible for manual decrementing of licensing when removing a computer from the system. Any additions to the license will result in an updated bill without notice, while any reductions in licenses must be communicated by the Customer to [email protected] to reflect the corresponding decrease in the monthly service. The customer is responsible for decrementing licenses and notifying ITPartners+ if they remove a license.

12) Limitation of Liability: ITPartners+, and its Affiliates, shall not be liable for any lost or deleted data. It is the responsibility of the Customer to verify data integrity. ITPartners+ shall not be held responsible for any backed-up content. Customer specifically agrees that ITPartners+ will have no liability to, or duty to indemnify Customer, or any third parties claiming through Customer, for any and all losses, costs, expenses, fees, claims, damages, liabilities or causes of action (including without limitation reasonable attorneys’ fees and costs), for any compensatory, punitive, special, indirect, incidental or consequential damages (including loss of profits, revenue or other economic benefits), arising from the failure of ITPartners+ to perform any obligation arising under this Agreement, even if ITPartners+ has been advised of the possibility of such damages, except that ITPartners+ will be liable to Customer to the extent any losses, costs, expenses, fees, claims, damages, liabilities or causes of action are due to the willful misconduct, fraud or intentional tort of ITPartners+. In the event ITPartners+ causes a loss of data during a backup restoration due to any of the above, in no event shall ITPartners+ be liable for any lost data or other damage (including consequential or special damage or lost profits) more than 4 months of the then current monthly fee under this Agreement.

13) Termination: ITPartners+, its affiliates, or vendors reserves the right to terminate this agreement at any time due to non-payment, or for other reasons as deemed by us, including but not limited to cases where the customer is deemed to be uncooperative or where the support request is deemed to be unreasonable or outside the scope of the agreed-upon services. In the event of termination due to non-payment, ITPartners+, its affiliates, or vendors will provide notice to the customer of the outstanding balance and will allow up to 15 days for the customer to rectify the situation. If the customer fails to rectify the situation within the specified timeframe, we reserve the right to terminate the agreement and suspend support services until payment is received. In the event of termination for other reasons, ITPartners+, its affiliates, or vendors will provide notice to the customer of the termination and the reason for termination. Any unused portion of the prepaid support fee will be refunded if the agreement is on an annual payment plan, not a monthly payment plan where no refunds will be issued. Note that the determination of whether to terminate the agreement will be made by ITPartners+, its affiliates, or vendors, based on our professional judgment and experience. We will communicate with the customer as clearly and transparently as possible regarding the reasons for termination and what options are available to them should they wish to continue receiving support services.

14) Limitation of Liability:

a) ITPartners+, its affiliates, or vendors shall not be liable for any damages arising out of or in connection with the use or inability to use the unlimited support service provided by ITPartners+, its affiliates, or vendors, including but not limited to, any loss or corruption of data, loss of profits, loss of business or business opportunities, interruption of business, or any indirect, special, incidental, punitive, or consequential damages of any kind.
b) ITPartners+, its affiliates, or vendors shall not be liable for any damages resulting from any virus or malware that may infect the customer’s computer or any loss of data resulting from such virus or malware. The customer is solely responsible for implementing appropriate measures to protect against viruses or malware, including but not limited to installing and updating antivirus software.
c) ITPartners+, its affiliates, or vendors shall not be liable for any damages resulting from any unauthorized access to the customer’s computer or network, including but not limited to hacking, phishing, or other forms of cyber attacks. The customer is solely responsible for implementing appropriate security measures to protect against unauthorized access, including but not limited to using strong passwords and enabling firewalls.
d) ITPartners+’s liability, its affiliates, or vendors shall be limited to the amount paid by the customer for the unlimited support service during the 12-month period preceding the event giving rise to the claim. This limitation of liability shall apply to all claims, whether based on warranty, contract, tort, or any other legal theory.
e) The customer acknowledges that the unlimited support service provided by ITPartners+, its affiliates, or vendors is not intended to replace any existing warranties or guarantees for the computer or its components. ITPartners+, its affiliates, or vendors make no guarantees or warranties, express or implied, regarding the performance or reliability of the computer or software.
f) The customer acknowledges that ITPartners+, its affiliates, or vendors liability is limited as set forth in this section and agrees to indemnify and hold ITPartners+, its affiliates, or vendors harmless from any claims, damages, losses, or expenses, including attorneys’ fees, arising out of or in connection with the customer’s use or inability to use the unlimited support service provided by ITPartners+, its affiliates, or vendors.

15) DISCLAIMER OF WARRANTIES. THE FOLLOWING DISCLAIMER SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE ON EITHER IS AT YOUR SOLE RISK AND DISCRETION. ITPARTNERS+ HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICES AND/OR PLATFORM, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, ITPARTNERS+ MAKES NO WARRANTY THAT (A) THE SERVICES AND/OR PLATFORM WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES AND/OR PLATFORM WILL BE AVAILABLE, TIMELY, CURRENT, ACCURATE, RELIABLE, COMPLETE, SECURE OR ERROR-FREE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR PLATFORM WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS IN THE SERVICES AND/OR PLATFORM WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ITPARTNERS+ OR THE SERVICES AND/OR PLATFORM SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT ITPARTNERS+ HAS NO OBLIGATION TO SUPPORT OR MAINTAIN THE SERVICES AND/OR PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT ITPARTNERS+ MIGHT NOT BE ABLE TO OFFER THE SERVICES AND/OR PLATFORM AT ALL, IN THE ABSENCE OF THE FOREGOING DISCLAIMERS AND LIMITATIONS. IN THE EVENT OF ANY FAILURE OF THE SERVICES AND/OR PLATFORM TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY ITPARTNERS+ AND ITPARTNERS+ WILL, AS YOUR SOLE AND EXCLUSIVE REMEDY, USE COMMERCIALLY REASONABLE EFFORTS TO SATISFY THE WARRANTY. ITPARTNERS+ WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICES AND/OR PLATFORM, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.

16) Governing Law: This Scope of Work shall be governed by and construed in accordance with the laws of the state of Michigan.

17) Entire Agreement: These terms and conditions, along with the Backup N Go Terms and the Tech N Go Terms, constitute the entire agreement between the customer and ITPartners+ with respect to the backup and tech support services. These terms and conditions supersede all prior or contemporaneous communications and proposals, whether oral or written, between the customer and ITPartners+ with respect to the services provided by ITPartners+.

18) Amendments: ITPartners+ reserves the right to amend these terms and conditions at any time. Any such amendments will be effective immediately upon posting the amended terms and conditions on the ITPartners+ website. The customer is responsible for regularly reviewing the ITPartners+ website to ensure compliance with the most current version of the terms and conditions.

19) Waiver: The failure of ITPartners+ to enforce any provision of these terms and conditions shall not be construed as a waiver of such provision or of the right to enforce such provision.

20) Severability: If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

21) Assignment: The customer may not assign or transfer these terms and conditions, or any rights or obligations hereunder, without the prior written consent of ITPartners+. ITPartners+ may assign or transfer these terms and conditions, or any rights or obligations hereunder, at any time without notice to the customer.

22) Headings: The headings in these terms and conditions are for convenience only and shall not affect the interpretation of these terms and conditions.

23) Force Majeure: Neither party shall be liable for any failure or delay in performance under this agreement to the extent such failure or delay is caused by events beyond the control of such party, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

24) To ensure a professional and respectful environment for both our customers and employees, we want to explicitly state that our remote tech support services do not involve the viewing or handling of pornographic material. We are committed to maintaining a safe and appropriate working relationship with our valued customers while upholding the highest standards of ethical conduct.

By accepting these terms and conditions (acceptance is defined by the recurring agreement that has a digital signature as well as payment by the customer implies acceptance), the customer acknowledges that they have read, understood, and agree to be bound by these terms and conditions, as well as the Backup N Go Terms and Tech N Go Terms.