DEALER TERMS AND CONDITIONS OF SERVICE
Get Tech Plus, LLC
The Services described below are subject to the terms and conditions of the Service contained herein. Please read and understand these terms and conditions of Service very carefully. By accepting the terms and conditions contained herein, they become a legally binding agreement (the “Agreement “) between you ( “You ” or “Your “) and Get Tech Plus, Llc an Ohio limited liability company d/b/a “GTP” and Page Plus Communications, Llc “PPC”
1. License. In consideration for Your acceptance of the terms and conditions contained herein, GTP hereby grants You a terminable, nonexclusive, nontransferable license to access and use the System solely for the purposes of receiving the Services described in this Agreement and for no other purpose. For purposes of this Agreement, the “System ” shall mean the GTP l Website to which You are being given access (the “Website “), and all materials, information, documents, and software related to the Website and located on the Website owned by GTP and access to which is being provided to You herein and all media containing such materials, whether hard copy, downloadable, online documents, software or otherwise. Except and unless otherwise provided by written agreement between You and GTP, GTP shall retain ownership of all rights in the System and any information downloaded from the System.
2. Services. This Website allows You to receive the following services (the “Services “):
(a) Activate new service;
(b) Look up account number status;
(c) Manage GTP dealer portal access for affiliated stores and employees only;
(d) Obtain access to GTP training and promotional materials; and
(f) Order collateral and marketing materials.
3. Restrictions on Use of the System.
3.1 Except as otherwise provided in this Agreement, You shall not:
(a) Copy or distribute any portion of the System;
(b) Rent, loan, license or sublicense any portion of the System;
(c) Modify, translate, distribute or prepare any derivative works based on any portion of the System;
(d) Grant access or permit the use of any portion of the System to any other party unless specifically authorized by GTP in writing;
(e) Access customer call records or any other personal Confidential Information not specifically authorized by GTP in writing;
(f) Reverse engineer, decompile or disassemble any portion of the System;
(g) Remove any proprietary notices, labels, or marks from any portion of the System;
(h) Use the System in connection with the cellular services, handsets or equipment or of any third party, including any Wireless;
(i) Fail to comply with Your obligations under any agreement with GTP or any affiliate of GTP;
(j) Use the System to sell a PIN or a GTP card for less or more than its face value;
(k) Use the System in violation of any law, rule, or regulation or in violation of any terms or conditions contained herein;
(l) Use the System in connection with any equipment unauthorized or certified by GTP; or
(m) Assist anyone or participate in any fraudulent usage of GTP’s products or services or prepaid air time.
3.2 Terminated Employees. You agree to take all reasonable commercial actions to take possession of all documentation with respect to the System, whether in hard copy form or as downloaded electronic documents, from each employee or agent whose employment or agency with you has been terminated, for any reason. You further agree to take reasonable commercial steps and actions to eliminate access to the System by any user whose employment, for any reason, was terminated.
3.3 Operation of Store.
3.3.1 Physical or Online Store. You are required to operate a physical or an online retail store in order to access the Services on the Website. You may be required to provide proof of operation of such a physical or online retail store and may be required to provide a federal tax ID number and the operation of Your store must not be in violation of GTP’s terms and conditions of service. With regard to online stores, as a general guideline, You must have at least 70% of the graphics, and content, of Your Website representing You, and up to 30% representing the GTP brand. For instance, Your logo on Your Website should be at least twice the size of a GTP logo on the site. The site MUST clearly convey ownership by You and clearly indicate that You are the authorized party operating the site and not be ambiguous or have the appearance, intentionally or unintentionally, that it is owned, run or controlled by, or associated with GTP in any manner other than as a virtual store operated by You. GTP has the sole discretion to determine whether Your Website is in compliance with the above.
3.3.2 Dealer Code. Every location (physical or virtual) operated by You is required to have its own unique code and associated address/contact information. In addition, You are responsible for notifying GTP of changes in their address/contact information.
3.4 Representation. In dealing with customers of GTP, You also must represent GTP in a professional and ethical manner at all times. Failure to do so may result in suspension or termination of the Your account. Appropriate and professional conduct is expected of You, both when dealing with customers and the general public and when dealing with GTP. Verbal abuse of a GTP Customer Service Representative will not be tolerated. All reports of inappropriate, unprofessional, illegal, or unethical conduct by You or any of Your agents or employees will be investigated and appropriate action will be taken.
4. Suspension; Fraudulent Activity. In the event that GTP possesses a reasonable basis that the System, or any of GTP’s systems and databases, or the intellectual property rights or Confidential Information of GTP or any third party used by GTP, are being compromised or endangered due to theft, virus, worm or other similar damaging occurrence or that the System, in GTP’s sole discretion, is being misused or abused by You, then GTP shall suspend Your access to the System until GTP and You have taken reasonable measures satisfactory to GTP to cease and prevent any further damage, misuse or abuse of the System. Furthermore, if GTP provides You with notice of the occurrence of fraudulent usage or if you should have known of a breach based on fraudulent activity, then You must use all of Your best efforts to stop such activity immediately. You are solely responsible for all risks, expenses, or liabilities arising from or relating to any misuse or abuse of the System or from any fraudulent activity, including, but not limited to, any cloning of PINs, credit card fraud, PIN theft, or any other fraud or misuse of the PINs, the Handsets or the System.
5. Marks. GTP places a very high value on its brand identity and awareness in the marketplace, which it has worked very hard to achieve, and on its marks, licensed name trademarks, and service marks, including, but not limited to, the Get Tech PLUS and trademarks (the “Marks”). GTP continuously expends a great number of resources to vigorously defend and protect its Marks. The GTP Marks and all other assets used by GTP to refer to its name and brand are the exclusive property of GTP and may not be used by any other person or entity without the express written permission of GTP l. This includes any and all uses, including but not limited to advertising, Websites, and printed promotional material. You may not use any of the Marks, including the use of the Marks in any advertising, sales promotion, press releases, or other publicity matters, without GTP’s prior written consent.
6.1 Equipment Warranty. Any handset supplied and branded by GTP (Get Tech Plus ) is considered to be Approved Equipment. Any implied or branded by GTP is a non-approved handset (hereafter “Non-Approved Equipment “). GTP offers the end user a limited warranty of one-hundred twenty (120) days on GTP Approved Handsets only. The warranty starts from the date of purchase and does not cover any defects resulting from physical or water damage. GTP may offer a longer warranty period on certain products or as part of a particular promotion. There are no warranties for any Non-Approved Equipment.
6.2 Equipment Activation. All authorized dealers must take all necessary steps to ensure that the activation process has been completed successfully and that the handset is fully functional and ready for use. The process is described as:
6.2.1 Use “New Activations” option to activate new Equipment.
6.3 Non-Approved Equipment Support. Any handset supplied and branded by GTP (Get Tech Plus) is considered to be Approved Equipment. Any handset not supplied or branded by OP n-approved handset (hereafter “Non-Approved Handset “). All Non-Approved Handset activations processed through the dealer portal will be executed on an “AS IS” basis without any guarantees.
6.3.2 With regard to Non-Approved Equipment, GTP cannot be held liable or responsible for any extraneous charges incurred, including but not limited to roaming charges or toll charges caused by the usage of non-GTP software.
6.3.3 With regard to Non-Approved Equipment, GTP l expressly disclaims all warranties, representations, and conditions of any kind, whether express or implied, including but not limited to the implied warranties, representations, and conditions of merchantability, fitness for a particular purpose, and non-infringement.
7 Disclaimer and Limitation of Liability. Except as expressly set forth elsewhere in this Agreement, You expressly acknowledge and agree that the use of the System, is at Your sole risk. The System and any related documentation or materials are provided “AS IS” and without warranty of any kind. GTP list is not responsible for errors in programming Handsets or their activations, or for any liability claims or charges, damages or expenses arising from the use of any non-approved Handsets. Plan cards/PINs are sold on a non-refundable, non-transferable basis. GTP EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GTP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SYSTEM WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL PPC BE LIABLE FOR ANY LOST PROFIT, OR SPECIAL, CONSEQUENTIAL, OR INTEREST DAMAGES. YOU ASSUME ALL RISKS AND LIABILITY FOR ANY LOSS, DAMAGE, OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF YOUR USE OF THE SERVICES. In no event shall GTP l be liable for any monetary relief, or for injunctive or other equitable relief by reason of the intermediate and temporary storage of material on GTP’s system or network. Regardless of whether GTP may be liable for any material stored or transmitted on its systems, GTP reserves the right, at its discretion, to remove or disable access to material claimed to be the subject of illegal activity that in GTP’s judgment is illegal, obscene or otherwise contains harmful or malicious information or software. GTP shall have no liability for disabling or removing in good faith any such material regardless of whether the material is ultimately decided to be infringing, harmful, obscene, or illegal.
8 Interruption of Services. You acknowledge and agree that the level of Services provided by GTP may be interrupted for reasons caused or associated with (a) circumstances beyond GTP ‘s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies or power used in or equipment needed for provision of this Agreement; (b) failure of access circuits to the GTP Network, unless such failure is caused solely by GTP ; (c) scheduled maintenance and emergency maintenance and upgrades; (d) Domain Name Server ( “DNS “) issues outside the direct control of Ppc; (e) issues with FTP, POP, or SMTP access; (f) outages or errors of any GTP measurement system; (g) Your acts or omissions (or acts or omissions of others engaged or authorized by GTP ), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc.), any negligence, willful misconduct, or use of the Services in breach of this Service Agreement; (h) e-mail or webmail delivery and transmission; (i) DNS Propagation; and (j) outages elsewhere on the Internet that hinder access to Your account. GTP l is not responsible for browser or DNS caching that may make the site appear inaccessible when others can still access it. You acknowledge that GTP is not liable to You if changes to the System render obsolete any of Your equipment, service or software applications, or any equipment or software provided by GTP.
9 Confidentiality. You acknowledge that, in the course of providing Services under this Agreement, You will have access to, among other things, confidential information of GTP.
9.2 “Confidential Information ” shall mean confidential and proprietary business documents and information, whether in tangible, intangible, or electronic form, including, but not be limited to:
18.104.22.168 of a technical nature, such as methods, know-how, formations, designs, specifications, prototypes, compositions, processes, mathematical applications, discoveries, machines, inventions, computer systems, software and computer programs, and similar items;
22.214.171.124 of a business nature, such as information respecting finances, costs, purchasing, profits, markets, sales, assets, Yours, clients, vendors, brokers, agents, employees, litigation, contracts, agreements, relationships, and condition of property and equipment; and,
126.96.36.199 pertaining to future developments, such as research and development or future marketing, manufacturing, merchandising or financial plans or programs.
9.3 You shall not use Confidential Information received from GTP l for any purpose other than for purposes outlined in this Agreement and shall hold the Confidential Information received in confidence with at least the same degree of care You use to protect Your own confidential information of similar sensitivity and importance, and in any event not less than a reasonable degree of care. You shall limit access to the Confidential Information to a “need to know ” basis and shall limit access to those persons who are directly participating in work involving GTP l and who, in addition, require such Confidential Information for the performance of their duties. You shall not copy or reproduce, in whole or in part, any Confidential Information except as is necessary to fulfill the purposes of this Agreement.
9.4 You agree to return the Confidential Information to GTP promptly upon request, including all written documents which GTP has made available or otherwise furnished to You and all copies which may have been made of such documents. Upon the request of GTP for a return of the Confidential Information from You, You will also destroy any written documents, memoranda or work papers of GTP which contain the Confidential Information or any part thereof, and will cause the Confidential Information, or any part thereof, to be removed from any computer or other electronic storage media.
9.5 Title to and ownership of all Confidential Information shall remain the exclusive property of GTP and nothing in this Agreement, or any course of conduct between the parties shall be deemed to grant to You any rights in or to the Confidential Information or any part thereof, other than as expressly granted herein. You shall not remove any proprietary, copyright, trade secret, or other proprietary rights legends from any form of received Confidential Information.
9.6 You acknowledge that the Confidential Information received from GTP has great value to GTP, is unique, and that GTP may not be fully compensated by monetary damages for a breach of this Agreement by You. Accordingly, You agree that, in addition to all other rights and remedies available to Ppc at law or in equity, GTP shall be entitled to injunctive relief in any court of competent jurisdiction to enjoin a breach of this Agreement by You, without proof of actual damages therefrom and without the posting of a bond or other surety therefor.
10 Indemnification by You. You shall defend, hold harmless and indemnify GTP, its members, officers, agents, and employees, against any and all claims, liabilities, damages, or judgments asserted against, imposed upon, or incurred by Ppc, its members, officers, agents or employees that arise out of Your use the System’s data, information, or systems provided by You to GTP for use in the discharge of GTP’s responsibilities under this Agreement. The indemnification granted under this Section 8 includes, without limitation, indemnification with respect to (a) any claim by Your personnel for any compensation or benefits; or (b) any negligent act or omission of You or Your employees, agents, officers, independent contractors, and personnel; or (c) Your breach of any representation or warranty made in this Agreement or infringement of a patent, copyright, trade secret, trademark or other intellectual property relating to any information provided by You to GTP.
11 Term and Termination.
11.2 Term. The term of this Agreement shall commence on the date these terms are accepted and shall continue as long as You are authorized by GTP or any of its distributors to resell Get Tech Plus Products (the “Term “) and have access to the System.
11.3 Termination GTP for Cause. may terminate this Agreement during the Term if You materially breach any term or condition of this Agreement.
11.4 Effect of Termination. Upon termination of this Agreement, You shall:
11.4.1 not retain any rights in or to the System;
11.4.2 remove integration of any portion of the System that resides on Your internal systems; and
11.4.3 immediately return to Ppc any Confidential Information.
12 Survival. The following provisions shall survive the termination or expiration of this Agreement: Sections 3, 5, 6, 7, 8, 9, and 10.
13 Assignment. You may not transfer this Agreement or any rights granted hereunder without the prior written consent of GTP.
14 Entire Agreement. This Agreement contains the entire understanding of the parties and may be amended only by writing and signed by the parties. This Agreement shall supersede any prior agreements between the parties with regard to the same subject matter. This Agreement may be changed at any time by GTP upon providing You with the advance wrote notice of a such change. Your continued use of the Website and the Services constitutes Your acceptance of any changes to the Terms and Conditions contained herein. You are solely responsible for making sure that You have read and reviewed and agreed to the terms and conditions contained herein.
15 Governing Law. This Agreement shall be governed by and construed under the laws of the State of Ohio applicable to contacts made and performed in Ohio. You consent to the exclusive jurisdiction of the courts of Lucas County, Ohio for the resolution of any dispute.
16 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but together shall constitute one and the same instrument.
17 Notice. All notices, demands or other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered in person, via e-mail or facsimile transmission, or by United States mail, certified or registered, postage prepaid, return receipt requested, or otherwise actually delivered to the appropriate party at the address of each party listed on the face hereof or in the Attachment.
18 Independent Contractor. You are an independent contractor. This Agreement shall not be construed to create or result in a partnership, joint venture or employment/employee relationship between You and Ppc hereto, or to make either party the agent of the other party.
19 Third Parties. Except as expressly provided herein, nothing expressed or implied is intended or shall be construed to confer upon or give to any person or entity other than the parties hereto and their successors and permitted assigns, any rights, benefits, or remedies of any kind or character whatsoever under this Agreement.
Initiating the Get Tech Plus, LLC project process or using our services implies your acceptance of these terms. Get Tech Plus, LLC reserves the right to modify this Agreement and will notify the client via email if any changes to the agreement are made. If you do not agree to these terms and conditions, please notify Get Tech Plus, LLC by email via our contact form to terminate your account. Continued use of the service shall constitute your approval. Client represents and warrants to Get Tech Plus, LLC that he/she is eighteen (18) years of age or older or is another type of legal entity, such as a corporation, individual or small business.
For invoices not paid in full within on due date password will deactivated and maintenance to the website will be disabled. It will result in account suspension. All websites and client work stored by Get Tech Plus, LLC will be disabled until the account is paid in full.
Subscribers will be charged a $40.00 fee or the maximum charge allowed by law for each check returned by the bank.
If you choose to purchase a theme from Theme Forest, you are purchasing a license to use that theme. The license you buy allows different rights to use the theme in different ways. Explained here: Theme Forest Terms– Get Tech Plus, LLCare not charging you for this theme creation or theme you bought, as we did NOT create any themes bought from Theme Forest. The particular theme you choose belongs to its respectable author at Theme Forest, NOT to Get Tech Plus, LLC.
** There are the regular and extended licenses, explained here: Licenses
Make sure to go through them and understand your rights, as we abide by them to the fullest.
Users are NOT charged for the theme they bought from Theme Forest. Users are only charged for our time customizing, installing content management system, adding content, etc. (more listed below) for that particular theme. Such customization, but not limited to, are listed below:
Install CMS (WordPress, Drupal, or Joomla)
Adding content to CMS
Modifications (Programming or Coding)
Adjusting color scheme, text font, tables, buttons, images, sections, sliders, column layouts, message box styles, pull quotes, block quote styles, video portfolio, typography, sitemap, testimonials, tabs, list styles, drop caps, widgets, dividers and any other applicable styles or features as necessary.
Updating CMS (WordPress, Drupal, or Joomla)
DOMAIN NAME AND HOSTING REGISTRATION TERMS
When you choose a Get Tech Plus, LLC development package, and have no domain name or hosting, we will create these accounts for you. The company we use for domain registration and hosting is PPCGTP , they are a separate business from Get Tech Plus, LLC. They are the respectable owners of the hosting supplied to your business or entity through PPCGTP. We simply refer you to their hosting and domain name registration options and start accounts for you.
ACCESS EMAIL AND TRANSACTIONS TERMS
To better suit your time management and ours we will need to access your primary email accounts to activate any Hosting, Theme, cpanel, domain name, DNS servers, and any other activation processes you may need in order to begin your web development creation. We DO NOT open any emails other than primary activation web development emails we need to activate the accounts that are created for you by Get Tech Plus, LLC. We review with the owner and confirm credit card information before any activation of accounts.
Your privacy is important to us, we DO NOT perform any unauthorized transactions. If the contract is signed, you give us the authorization to purchase discussed accounts at the meeting(s), such as Theme Forest and Get Tech Plus, etc. These are non-refundable transactions. When a purchase is made through a third-party website, such as Theme Forest or Get Tech Plus, you are responsible for your own actions with that account. Get Tech Plus, LLC takes no responsibility for falsifications of any records, account numbers, etc.
When putting a website together the client is responsible for supplying content that goes into the website unless otherwise stated in the contract or via email. (we do not accept additions or amendments to contracts via phone). Get Tech Plus, LLC will only perform 2 revisions under any contract signed by the client. For example, if you don’t like the initial design of the website, you alert us, and give us detailed information on what you want to be changed, such as, the theme needs a different background color (give us color to change to) and you want different buttons for contact us page (give us an example of buttons you want with color and text styles).
After receiving your request, we review and complete it to your standards. With your request fulfilled, one full revision is now completed. Now you would have 2 more revisions if decide to change anything else on the website. We will alert you when your revisions are coming to the end (total 2). If you want to continue revisions that are specific, then it is your responsibility to let us know. Your extra revisions will be added to your bill owed. Anything over 2 revisions is considered extra and can be charged by individual revision payment.
Termination or suspension of service shall not relieve the Client from the obligation to satisfy outstanding invoices. In the event collection effort is required, all outstanding invoices, including payments, charges, and fees are immediately due in full and the Client shall be responsible for all costs of collections including attorney fees, court costs, and associated fees.
CLIENT RELATIONS/WORKING WITH VALENTINO WEB DESIGN, LLC WITH CONTENT UPDATING AND IN GENERAL TERMS
When signing a contract with Get Tech Plus, LLC you are obligated to work with us as the owner(s) to get the necessary information/content inputted on your website. Get Tech Plus, LLC does NOT work with your employees, consultants, trainees, and/or any other staff volunteers, etc. We work with the signee(s) and/or individual(s) named on the contract/proposal agreement to get the content as accurate as possible on your website.
You as the owner/signee(s)/individual(s) on the contract need to make 100% effort to work with our staff without the interference of third parties as stated above. We strive to make sure all needs are met. We can only do this by working with owner/signee(s)/individual(s) on contract to get content 100% accurate and NOT your employees, consultants, trainees, and/or any other staff volunteers, etc.
We advise getting any information needed from your employees, consultants, trainees, and/or any other staff volunteers, etc. before giving our staff content to input on your website. Collect the necessary information as the owner/signee(s)/individual(s) on the contract and then let our staff know what you want to be inputted on the website. As stated above, we DO NOT work with third parties (employees, consultants, trainees, and/or any other staff volunteers, etc.), only primary owner/signee(s)/individual(s) on contract. This way workflow can be completed without interference.
Why we do this explained: If a third party (employees, consultants, trainees, and/or any other staff volunteers, etc.) were to state the wrong information for us to put up, we lose time. Time lost can result in your business getting charged extra for us having to go to the source owner/signee(s)/individual(s) on the contract. This is why we don’t work with employees, consultants, trainees, and/or any other staff volunteers, etc., because information can be wrong, we ONLY use the source, which is owner/signee(s)/individual(s) on contract to add content, images, videos, etc. as needed.
If these terms are not met to our standards as stated above, we reserve the right to discontinue service from any of our staff and/or business. We also reserve the right to discontinue any monthly maintenance, social media support, content writing, search engine optimization, app development, and/or any other services we offer. You will be required to find another solution as our business will no longer work with you on your project.
APPLICATION, WEBSITES, AND SYSTEM DEVELOPMENT TERMS
When signing a contract with Get Tech Plus, LLC you understand and agree that application development is conducted by you directly working with an outsourced company that Get Tech Plus, LLC uses. Get Tech Plus, LLC takes no responsibility for your relationship with that outsourced company. Your business or you as an individual and that outsourced company are responsible for any development ideas that may come about without Get Tech Plus, LLC knowledge. If you have an issue with your application development, you must contact the company that Get Tech Plus, LLC outsourced with, and from there you need to resolve any disputes and issues that arise. Get Tech Plus, LLC will *NOT* be held liable for any lawsuits that are directed toward the outsourced company or court fees that may arise from that lawsuit(s).
You as a company will be responsible for any unforeseen lawsuits and will not hold Get Tech Plus, LLC is liable for said lawsuits or actions against your company, such as but not limited to, if your company is sued due to lack of knowledge of an employee(s) not understanding how to use application. Training can be provided to your employee(s) at a specific hourly wage stipulated via contract, but if the employee(s) can’t understand the application, site, or system or doesn’t fill out applicable fields correctly with no training or even with training, and you claim it’s an application development problem or lack of training, *NEITHER* the outsourced development company or Get Tech Plus, LLC will be held liable if you get sued by your own client’s, customers or third party.
Get Tech Plus, LLC and outsourcing company claim no responsibility for lack of understanding or training that should be provided via your company. If your company doesn’t want to provide the adequate amount of training that your employee(s) need to comprehend the application, site, or system, then you as a company are liable for any unseen lawsuit events that may occur. As stipulated, even if the company provides training and an employee doesn’t correctly add a field or content and your company gets sued due to lack thereof, your company is responsible for any unseen lawsuit(s) that may arise, Get Tech Plus, LLC and the outsourced company will *NOT* be held liable for any court fees or lawsuits your company may acquire.
You agree to never hold Get Tech Plus, LLC, or our outsourced providers or partners, liable for any damage or legal actions against your company that may or may not be directly related to but not limited to software, website(s), applications, networking, IT work, or other work we have provided for you or your company. You agree that any product or service we deliver to you or your company becomes your direct responsibility and you agree that Tech Plus, LLC, and our providers/partners are not liable for any problems, or lawsuit(s) that may arise from the use of our services against you or your company.
MONTHLY MAINTENANCE TERMS
Monthly maintenance plans are hourly based. If that time is gone over during the month and needs you need more maintenance completed, you are required to pay our hourly rate that’s given to you.
Our Maintenance Services DO NOT include:
Redesign of the site, including changing any design elements.
Advanced SEO Services (see our Advanced SEO page for details).
Creation of subdomains or new installations.
Installing any new, third-party extensions (core extensions being enabled are acceptable).
Changing the template and/or style of such.
Anything else not listed as included in this service.
We reserve the right to discontinue our services if you do not abide by our terms.
Anything that is not listed in the specific monthly maintenance plan is NOT included, please don’t try to add services that don’t come with a plan. If we feel you are not abiding by our terms, we reserve the right to discontinue our services without notice.
If Client Declines/Refuses Monthly Maintenance Services:
If the client declines/refuses to use one of Get Tech Plus, LLC’s monthly maintenance packages then they are held responsible for any malware, viruses, hacking, or hijacking domain or website, but not limited, that may occur because proper updates were NOT made in a fashionable time frame. WordPress and its plugins have regular updates that need to be addressed to close any security issues that arise. As stated above, if the client declines/refuses monthly maintenance they are aware that WordPress core and plugins are susceptible to hacking, viruses, malware, and hijacking domains or websites, but not limited to. They put themselves 100% at risk and Get Tech Plus, LLC will NOT be held responsible for any issues that arise. We urge every client to use our monthly maintenance in order to be proactive against such. If a client takes on their own website they are 100% liable for any damages to the website(s), server(s), domain(s), personal or business computer(s), but not limited to these.
SOCIAL MEDIA TERMS
Social media plans have specific minutes that are used to increase popularity. We DO NOT go over the specific minutes listed in the plan you choose. If you want us to, you are required to pay extra and will be billed accordingly.
Anything that is not listed in the specific monthly social media plan is NOT included, please don’t try to add services that don’t come with the plan. If we feel you are not abiding by our terms, we reserve the right to discontinue our services without notice.
SEARCH ENGINE OPTIMIZATION TERMS
If you use our SEO plan you have to take into consideration the information listed below:
How long before I can see the results?
New sites take longer than old sites to show up in top results. Once the campaign starts, we will provide you with an expected timeline based on technical site review and keyword analysis. Generally, new campaigns can take 6-7 months whereas established sites may take 4-5 months to show improvements.
How will I get project updates?
Depending on the package you choose you can see progression via using PIWIK or Google Analytics. We have an online project team working on your campaign(s) set up. You will be able to use the listed Analytics above to look at your progression, depending on what is under your specific plan chosen.
Anything that is not listed in the specific monthly SEO plan is NOT included, please don’t try to add services that don’t come with a plan. If we feel you are not abiding by our terms, we reserve the right to discontinue our services without notice.
CONTENT WRITING TERMS
We charge per word for content writing. Whatever is stipulated in the contract for content writing price is what we abide by. We DO NOT write any vulgar content, DO NOT ask us to, we will immediately discontinue any work if asked.
Anything that is not listed in the specific content writing plan is NOT included, please don’t try to add services that don’t come with a plan. If we feel you are not abiding by our terms, we reserve the right to discontinue our services without notice.
GRAPHICS, VECTORS, IMAGES, AND PRINT TERMS
Billing Questions: All billing questions should be submitted in writing via email to Get Tech Plus, LLC contact form.
Credit Card Payments: If payment is by credit card, the client expressly authorizes any fees that accrue from month to month., or on Auto
Billing Cycle: Billing Cycles are Monthly, Quarterly, or Annual depending on your service contract. The account charges are due upon receipt of an email invoice. Request for changes to your account will be made at the beginning of the next billing cycle.
Payment Deadline: Get Tech Plus, LLC must receive payment on or before the first day of each billing cycle. Get Tech Plus, LLC must receive payment on or before the first day of each billing cycle. The account will be considered late if payment of all account charges is not received within three (3) days of the beginning of the billing cycle. If an account is still unpaid five (5) days after the first date of the billing cycle, the account will be in default and the client may have their access service interrupted (password protection prompted on the website until the client pays full payment, after payment is made in full via Paypal or check, the password protection will be removed for public viewing). If the account remains unpaid in full after the five (5) day overdue deadline Get Tech Plus, LLC reserves the right to terminate content from our servers and delete it without warning. If your services are terminated due to lack of payment after this 5-day grace period you are still liable and agree to pay Get Tech Plus, LLC whatever overdue balance your account may have at this time regardless of termination of services.
Discrepancies in Billing: Unless Client notifies Get Tech Plus, LLC of any discrepancies or irregularities within thirty (30) days of the date of the charge, they will be deemed accepted by you for all purposes, including resolution of inquiries made by the card issuer. CLIENT RELEASES Get Tech Plus, LLC FROM ALL LIABILITY AND CLAIM OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY.
Client Cancellation. The client must notify Get Tech Plus, LLC in writing via email to contact form of intent to cancel the account(s) 30 days prior to their next billing cycle. Cancellation requests from clients who have fulfilled their 12-month minimum requirement will be terminated on the next billing cycle following the cancellation request. Cancellation requests received from clients who have not fulfilled their 12-month minimum service obligation will be terminated on the next anniversary date following the cancellation request. If the client elects to terminate their service before the 12-month minimum service obligation then a $350.00 early termination fee will be charged for each account that is terminated early, plus the remainder due for contracted terms. Cancellation requests for accounts that have been pre-paid will be terminated on the next anniversary date following the cancellation request. Accounts must be paid in full before any DNS transfer requests will be honored. Client accounts are not monitored for inactivity and Get Tech Plus, LLC does not assume a wish to cancel if an account is not used. There are no refunds for time not used. Balance Due at Cancellation. Termination or suspension of service shall not relieve the Client from the obligation to satisfy outstanding invoices. In the event collection effort is required, all outstanding invoices, including payments, charges, and fees are immediately due in full and the Client shall be responsible for all costs of collections including attorney fees, court costs, and associated fees.
Get Tech Plus, LLC service is provided without warranties of any kind, either express or implied. Get Tech Plus shall not be liable for any damages arising out of the use of the service or inability to use the service. You agree to indemnify and hold without harmGet Tech Plus, LLC, its officers, employees, directors, shareholders, and other Users from any and all claims, damages, expenses (including attorney’s fees), and liabilities resultant from any and all use of your account whether authorized or not authorized. Lawful Use. Services provided to you through Get Tech Plus, LLC may only be used for lawful purposes. Transmission or storage of any data, information, or material in violation of any federal or state regulation or law (including, but not limited to, material protected by copyright or trade secrets, and information that is confidential as a matter of law) is strictly prohibited. Get Tech Plus, LLC may remove any content that is under investigation for violation of unlawful use. A client may not, under any circumstances, use Get Tech Plus, LLC in an unlawful manner, including, but not limited to:
- posting or transmitting of any unlawful, threatening, abusive, libelous, defamatory, obscene, or pornographic information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability;
- Intercepting or attempting to intercept e-mail; and
- Uploading files that contain software or other material protected by copyright laws unless you own or control the rights thereto.System Rules. You must use your best efforts to avoid interfering with any other person’s use and enjoyment of the Internet. You agree to comply with the following system rules ofGet Tech Plus, LLC
The following are strictly prohibited:
- Any attempt to introduce viruses, worms, Trojan Horses, or any other destructive programs, or to deliberately crash or overload the server systems of Get Tech Plus, LLC or any other computer system accessed through Get Tech Plus, LLC;
- Sending unsolicited mail. This includes but is not limited to, the mailing of commercial advertising, informational announcements, political announcements, and religious information. Such material may only be sent to those who have explicitly requested it;
- Forwarding or posting chain letters; pyramid schemes; make-money fast schemes; or of any similar type;
- Forging any message header, in whole or part, of any electronic transmission, originating or passing through Get Tech Plus, LLC system. Additionally, all messages must contain a valid return address;
- Posting or transmitting any fraudulent information. This means any information that you know or have reason to know is false, and that you intend for others to rely on;
- Posting or transmitting any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations;
- Impersonation of any person including but not limited to, a Get Tech Plus, LLC official or an information provider, guide, or host, communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, client profiles, chat dialogue and message posting;
- Newsgroup violations include posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as newsgroup spam, posting information that is inappropriate or topics not related to the topics focused on by the particular participants of the particular newsgroup; posting binary files to newsgroups not specifically named for that purpose; posting any unsolicited advertising, promotional materials, or other forms of solicitation to other Clients, individuals, or other entities, except in those areas (e.g., classified areas) that are designated for such a purpose; and violation of newsgroup charter or FAQ. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it;
- User processes that run or are activated on Get Tech Plus, LLC servers while the user is not logged in;
- Interference with or attempting to interfere with service to any user, host, or network denial of service attacks. This includes but is not limited to, flooding of networks, deliberate attempts to overload a service, and attempts to crash a host;
- Sending threatening or harassing e-mails (i.e. threatening physical injury or damage to persons or property);
- Unauthorized reselling of Get Tech Plus, LLC; or
- Solicitation of Get Tech Plus, LLC Clients to become clients of other online services competitive with Get Tech Plus, LLC
Failure to comply with system rules may result in suspension or termination of your account. Get Tech Plus, LLC reserves the right to discontinue services at any time with a valid reason, such as a foreseeable client not paying for services. These services include; Monthly Maintenance, Web Design, Web Development, Social Media Campaigns, Graphical Design, and other services that are in our scheme.
ADVICE VIA COMMENTS or ANY ADVICE GIVING VIA POSTS
Advice given by Get Tech Plus, LLC, is just that, advice, you can choose to use it or disregard it. Get Tech Plus, LLC is NOT responsible for advice given by us on our comment(s) and post(s) areas. By coming to our website you are responsible for actions that are taken from Get Tech Plus. You are also responsible for any advice given or taken from Get Tech Plus, LLC, Get Tech Plus, LLCi s NOT responsible for any issues you may have due to advice given on our website, you take responsibility for advice taken from our website when coming to our website and using any advice on Get Tech Plus.
By submitting Content to Get Tech Plus for inclusion on our Website, you grant Get Tech Plus, LLC a worldwide, royalty-free, and non-exclusive license to reproduce modify, adapt, and publish the Content exclusively for the reason of displaying, distributing, and promote your blog.
CONTACTING US TERMS
When contacting Get Tech Plus, LLC or any of our services please understand that we keep a maximum client count. This gives us the opportunity to conduct our best work for each client. If we do not get back to you within said business days via contact form response, please don’t continue to message our staff, as we have reached our client maximum and cannot bring on any more clients. We thank you for your consideration in using Get Tech Plus, LLC.
Severability. In the event that any portion of this Service Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, And all provisions of this Service Agreement which operate to protect the rights of Get Niche Plus, LLC shall continue in force even in the event of termination of this Service Agreement on other grounds.
No Waiver. Get Tech Plus, LLC’s failure to insist upon or enforce strict performance of this Service Agreement shall not be construed as a waiver of any provision or right. Governing Law. This agreement is governed by the laws of the State of Ohio. Both parties consent to the exclusive jurisdiction and venue of courts in Lucas County, Ohio in all disputes arising out of or relating to this Service Agreement. Captions and Headings. The various sections of this Service Agreement are for convenience only and carry no legal effect and shall in no way affect the interpretation or construction of the revisions of this agreement. Relationship of Parties. Client agrees not to hold itself out as a representative, agent, or employee of Get Tech Plus, LLC, and that Get Tech Plus, LLC will not be liable by reason of any representation, act, or failure to act by the Client.