Terms of Services
Unless otherwise stated in your Service Agreement Contract, these Terms of Services apply when engaging with RapidFire IT
1. Introduction
This Terms of Service Agreement ("Agreement") is entered into between RapidFire IT ("Provider") and the client ("Client") utilizing the managed IT services provided by RapidFire IT. By accessing or using RapidFire IT's services, the Client agrees to be bound by the terms and conditions outlined in this Agreement.
2. Business Overview
RapidFire IT, a women-owned business, has been in operation since 2013. Our team, with over 20 years of collective experience, is committed to providing accessible, connected, and prompt IT solutions. By outsourcing your technology needs to RapidFire IT, you can focus on critical business issues without worrying about cyber or network security.
3. Services Provided
RapidFire IT offers managed technology support services, including but not limited to antivirus, ransomware detection, SaaS Protection and Defense, backup, tech support, software and vendor management, cyber security protocols, Microsoft, and Google Support.
4. Terms and Renewal
The terms of service are set for 12 months and automatically renew unless terminated. In the event of early termination, the Client is required to provide a 90-day notice. The 90-day notice period requires payment, with or without services. Any licenses purchased on a time commitment term must pay the full balance within the 90-day cancellation period.
5. Late Fees and Account Disabling
Late fees of a minimum of 3% per month will be incurred on uncollected payments after a 30-day grace period. If nonpayment persists, RapidFire IT reserves the right to disable the Client's accounts until full payment has been received.
6. Intellectual Property
Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information developed in whole or in part by RapidFire IT in connection with the services will be the exclusive property of RapidFire IT.
7. Confidentiality
RapidFire IT, and its employees, agents, or representatives, will not at any time or in any manner, either directly or indirectly, use for the personal benefit of RapidFire IT, or divulge, disclose, or communicate in any manner, any information that is proprietary to the Customer. RapidFire IT and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.
8. Warranty
RapidFire IT shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations that meet generally acceptable standards in RapidFire IT’s community and region.
9. Default
The occurrence of any of the following shall constitute a material default under this Contract:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
10. Remedies
In addition to any other rights available according to law, if a party defaults, the other party may terminate the Contract by providing written notice. The defaulting party shall have 45 days to cure the default(s). The failure to cure within such time period shall result in the automatic termination of this Contract.
11. Force Majeure
If performance is prevented, restricted, or interfered with by causes beyond either party’s reasonable control ("Force Majeure"), obligations will be suspended. The excused party shall use reasonable efforts to avoid or remove such causes.
12. Dispute Resolution
The parties will attempt to resolve any dispute through friendly negotiations. If not resolved, disputes will be submitted to mediation and, if necessary, final and binding arbitration under the rules of the American Arbitration Association.
13. Entire Agreement
This Contract contains the entire agreement of the parties, superseding any prior written or oral agreements.
14. Severability
If any provision is held invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
15. Amendment
This Contract may be modified in writing by mutual agreement between the parties.
16. Governing Law
This Contract shall be construed in accordance with the laws of the State of Utah.
17. Notice
Any notice required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail.
18. Waiver of Contractual Right
The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of that party’s right to subsequently enforce.
19. Attorney’s Fees to Prevailing Party
The prevailing party shall be awarded reasonable attorney’s fees and costs in any action arising under this Agreement.
20. Construction and Interpretation
The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if drafted by both parties in a mutual effort.