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ETS IT Solutions – Terms and Conditions

Effective Date: 1/15/25

Welcome to ETS IT Solutions! By accessing or using our services, including the website located at www.etsitsolutions.com (the “Site”), and/or our products, you agree to comply with and be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, please do not use our services or Site.

1. Definitions

  • “Services” refers to all services provided by ETS IT Solutions, including IT solutions, technical support, consulting, software, cloud services, and other services offered via the Site or directly to customers.

  • “User,” “You,” or “Customer” refers to the individual or entity accessing or using our Services or Site.

  • “ETS IT Solutions,” “We,” or “Us” refers to ETS IT Solutions, a business providing IT solutions and related services.

2. Use of Our Services

  • Eligibility: To use our Services, you must be at least 18 years old or have legal authority to enter into a contract.

  • Account Creation: You may be required to create an account to access certain Services. You agree to provide accurate and complete information when creating your account and to keep your information up-to-date.

  • License: ETS IT Solutions grants you a limited, non-exclusive, non-transferable license to access and use our Site and Services for personal or business purposes, as applicable.

3. Customer Obligations

  • Accurate Information: You agree to provide accurate, complete, and current information when using our services. If the information provided is found to be false, incomplete, or outdated, ETS IT Solutions reserves the right to suspend or terminate your account.

  • Prohibited Uses: You may not use the Services to:

    • Violate any applicable law or regulation.

    • Engage in fraudulent, abusive, or illegal activities.

    • Interfere with the operation of our Site or Services.

    • Attempt to gain unauthorized access to any of our systems or networks.

4. Payment Terms

  • Pricing: The pricing for our Services is as outlined on our Site or as agreed upon in a separate agreement. Prices are subject to change, and you will be notified of any price adjustments prior to being charged.

  • Billing: We will invoice you for services rendered, as applicable, and payments are due based on the terms stated in your agreement or invoice.

  • Late Payments: If payments are not made on time, ETS IT Solutions reserves the right to suspend or terminate your access to services until all outstanding payments are made.

5. Privacy and Data Protection

  • Privacy Policy: Your use of our Services is also governed by our Privacy Policy [link to Privacy Policy].

  • Data Security: ETS IT Solutions uses reasonable efforts to ensure the security of your data, but we cannot guarantee complete security due to the nature of the internet.

  • Data Ownership: You retain ownership of the data you provide to us. By using our Services, you grant us permission to use, store, and process the data as necessary for providing the services.

6. Intellectual Property

  • Ownership: All content, logos, trademarks, and other intellectual property on the Site and in the Services are owned by ETS IT Solutions or its licensors and are protected by copyright, trademark, and other laws.

  • Limited License: You are granted a limited, non-exclusive, non-transferable license to access and use our Site and Services for their intended purposes. You may not copy, reproduce, distribute, or modify any of our intellectual property without express written consent.

7. Third-Party Links and Services

  • External Links: Our Site may contain links to third-party websites or services. ETS IT Solutions is not responsible for the content, privacy practices, or actions of these third-party sites.

  • Third-Party Integrations: We may offer third-party services or integrations as part of our offerings. These services are provided “as-is,” and we do not guarantee their performance or availability.

8. Service Availability & Maintenance

  • Service Availability: ETS IT Solutions strives to provide uninterrupted service. However, we reserve the right to temporarily suspend or limit access to the Services for routine maintenance, upgrades, or unforeseen issues. We will provide notice when possible, but ETS IT Solutions cannot be held responsible for service interruptions.

9. Force Majeure

  • Force Majeure: ETS IT Solutions will not be liable for any failure to perform its obligations under these Terms if the failure is caused by events beyond its reasonable control, including but not limited to natural disasters, labor strikes, or government actions.

10. Updates and Modifications

  • Changes to the Terms: ETS IT Solutions reserves the right to update or modify these Terms at any time. Any changes will be posted on the Site with an updated “Last Modified” date. Continued use of the Services after any such modifications constitutes acceptance of the updated Terms.

11. Acceptable Use Policy (AUP)

  • Acceptable Use: You agree not to use our Services for any unlawful, harmful, or abusive activities, including but not limited to: spamming, phishing, sending unsolicited communications, or attempting to access systems or data without authorization. Violations of this policy may result in suspension or termination of your account.

12. Data Backup & Responsibility

  • Data Backup: While ETS IT Solutions makes reasonable efforts to ensure the security and integrity of your data, it is your responsibility to maintain backups of your data. We are not liable for data loss or damage that may occur during the use of our Services.

13. Customer Support & Service Levels

  • Customer Support: ETS IT Solutions provides customer support via [email/phone/chat]. We aim to respond to all inquiries within [X hours or days], but response times may vary depending on the urgency of the issue.

  • Service Level Agreement (SLA): If you have specific guarantees regarding uptime, issue resolution, or response time, these will be outlined in a separate SLA.

14. Data Processing Agreement (DPA)

  • Data Processing Agreement: If applicable, we may enter into a separate agreement outlining how we process and protect your personal data. This agreement will define both parties’ responsibilities under relevant data protection laws.

15. Limitation of Liability

  • No Liability for Indirect Damages: To the fullest extent permitted by law, ETS IT Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of our Services or Site.

  • Maximum Liability: Our liability for any direct damages arising from the use of our Services is limited to the amount you paid for the specific service in the 12-month period preceding the incident.

16. Dispute Resolution

  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

  • Arbitration: Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

  • Class Action Waiver: You agree that any disputes will be resolved on an individual basis, and you waive any right to participate in a class-action lawsuit.

17. Indemnification

You agree to indemnify, defend, and hold harmless ETS IT Solutions, its affiliates, and its officers, directors, employees, and agents from any and all claims, damages, losses, or expenses (including legal fees) arising from your use of the Site and Services or any violation of these Terms.

18. SMS Communication

  • Opt-In and Consent: By providing your phone number and opting into our services, you expressly consent to receiving SMS messages from ETS IT Solutions. These messages may include, but are not limited to, service-related notifications, updates, billing information, customer support, or marketing communications.

  • Opt-Out: You have the right to opt-out of receiving SMS messages at any time. To do so, reply to any message with the word “STOP,” “UNSUBSCRIBE,” or another opt-out keyword. Upon opting out, you will no longer receive SMS messages, except for those necessary for ongoing services or legal requirements.

  • Message Frequency: By opting in, you understand that you may receive a certain number of SMS messages related to your account or services, which may include transaction alerts, notifications, promotions, and customer service messages. The frequency of messages depends on your interaction with our services.

  • SMS Costs: Message and data rates may apply to SMS communications. You are responsible for any charges imposed by your mobile carrier for receiving SMS messages from ETS IT Solutions.

  • Emergency Messages: Notwithstanding the above, you may still receive urgent service-related messages or legal notices even if you opt-out of promotional messages.

  • Data Usage: ETS IT Solutions respects your privacy and will not share your phone number with third parties for marketing purposes without your explicit consent. We use SMS services in accordance with our Privacy Policy and all applicable regulations governing customer data and communications.

  • Compliance with Laws: ETS IT Solutions complies with all applicable federal, state, and local laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and other regulations governing SMS communications. By agreeing to these Terms, you confirm that you are the rightful owner of the phone number you provide and that you have consented to receive SMS communications.

  • Help Messages: For assistance or help with SMS messages, reply with the word “HELP” or contact us at [support@etsitsolutions.com] or [insert phone number].

19. Limitation of Liability for SMS Services

  • SMS Delivery: ETS IT Solutions does not guarantee the delivery or receipt of SMS messages due to factors outside of our control, including network issues, carrier limitations, or technical failures. We are not responsible for any delays, failures, or non-deliveries of SMS messages.

  • Liability: By using our SMS services, you agree that ETS IT Solutions will not be liable for any issues related to SMS communication, including but not limited to: delays, errors in message delivery, or misunderstandings arising from the use of SMS services.

20. Miscellaneous

  • Entire Agreement: These Terms constitute the entire agreement between you and ETS IT Solutions regarding the use of the Services and supersede all prior agreements or understandings, whether written or oral.

  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

  • Waiver: Failure to enforce any part of these Terms does not constitute a waiver of any rights under these Terms.

21. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at:

ETS IT Solutions
Email: privacy@etsitsolutions.com
Phone: (631) 780 5467
Address: 5018 Express Dr S Suite LL5, Ronkonkoma, NY 11779

Date of Last Change to Terms and Conditions

1/15/25