IT Terms of Service Agreement

These Terms (the “Agreement”) apply generally to all services (the “Services”) and govern your use of the Services and Website (as defined below). CHASE Tech 8 LLC. A Washington Limited Liability Company (“Company”) has developed a comprehensive operation of the Company under the trade marks CHASE Tech 8® and CHASE Tech 8® that principally offer the Services which is (the “Operators”).

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, WHICH REQUIRES THAT ANY DISPUTES THAT SHOULD ARISE FROM THE USE OF THE SERVICES SHALL BE RESOLVED EXCLUSIVELY BY AN ARBITRATOR, AND THIS AGREEMENT ALSO CONTAINS A WAIVER TO A JURY TRIAL OR ANY CLASS ACTION PROCEEDINGS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.

  1. Definitions: For purposes of this Agreement, the following definitions shall apply:
    1. “Us”, “We”, and “Our” shall mean the Company and its respective parents, subsidiaries, branches, affiliates, agents, employees, successors and assigns, and, for the purposes of all Sections of this Agreement except Sections 14, 21, and 23, shall also include its System Operators.
    1. “You” and “Your” and “Yourself” mean a person or business who uses the Services and any person or entity represented by that individual.
    1. “Systems” shall mean the computer, laptop, or mobile devices hardware, and the computer, laptop, or mobile devices software listed on Invoice and/or Contract, attached hereto and made a part hereof, including but not limited to game consoles, tablets, iPads, and home tech.
    1. “Services” shall mean the Operation, Maintenance and Management of the Systems, specifically defined in Description of Services.
    1. “Operator” shall mean the operation of the Systems, including, but not limited to manipulation and computation of data by the Systems, the outputting of such manipulated and computed data by the Systems, and communication between elements of the Systems.
    1. “Maintenance” shall mean remedial maintenance and preventive maintenance of the System.
    1. “Management” shall mean the scheduling of the Services of the Systems and the recommendation of changes and additions are included.

a. Client understands during the diagnostic testing CHASE Tech 8 is not liable when devices do not cooperate and/or does not function while and during the test.

b. Client understands during diagnostic testing that CHASE Tech 8 is not liable when issues do not present themselves, which means CHASE Tech 8 is unable to continue to run diagnostic testing.

c. CHASE Tech 8 is responsible to provide recommendations/options with a quote to the Client when there is a successful diagnostic test.

d. Client understands with signing this agreement, this will not only cover the Diagnostic testing but will include the service agreement, it is not necessary for them to be filling out a separate agreement.

  1. Remote Assistance/Remote Session: Client agrees to the following stipulations when a remote access is involved during the service(s) of Client device(s):
    1. Client must be available during the remote access of their device. There will be times that Client may not be needed however, they must be in the vicinity so, CHASE Tech 8 can reach Client.
    1. Routine Maintenance includes a physical hardware clean, due to a remote access; no physical hardware cleaning would be done. This is also under the assumption that the devices are not in warranty as it would breach warranty.
    1. Network connection must be available and a successful connection must be established in order to do a remote access. If network connection is not viable, after a couple of attempts have been made, Client will need to determine whether they will bring in their device to CHASE Tech 8 location or decide not to go further. During the determination, Client must pay CHASE Tech 8 LLC for all Services performed up to the connection failure.
    1. Software that CHASE Tech 8 will use are: Syncro and/or Splashtop. For more information about Syncro Terms and Agreement click on the link: https://syncromsp.com/terms-of-service
  1. Syncro RMM (MSP)

To provide efficient and proactive support to clients. This system enables us to:

Syncro RMM is HIPAA-compliant and designed with security best practices in mind. When you agree to our services, you acknowledge and understand that basic system diagnostics and performance data may be collected solely to fulfill support and monitoring purposes. This includes, but is not limited to:

  1. Basic System Information will include the type of: OS- Software platform that manages hardware and software resources on a computer. ie: Windows macOS, LinuxMotherboard- Main circuit board of a computer that connects all components, including the CPU, RAM, storage, and expansion cards to allow it to give power and turn onCPU- Responsible for running all the applications. Ie: Software ApplicationsNetwork- system that connect to other computers or how you get your internet, via ethernet or wifi.Video Card- the rendering of images and videos, ie: graphic card (GPU)Drivers- Small software programs that let your OS communicate with hardware (e.g., graphics card, network adapter, printer).Display- monitor or screen output connected to the system. Showing you the items on the screen.
  1. Remote Monitor & Manage Collected Info:Task Manager- A built-in Windows tool that shows running processes, CPU/memory usage, startup programs, and performance metrics.Service Manager- Manages Windows background services. Allows you to start, stop, or configure how services run.Event Viewer- A diagnostic tool that logs system, application, and security events, which can help troubleshoot crashes, errors, and performance issues.System Info- Provides detailed information about the hardware, OS version, BIOS, and drivers on a computer.File System- The method used by the OS to store and organize files on a drive. Common types: NTFS, FAT32, exFAT.Registry Editor- A tool that lets you view and edit the Windows Registry, a database containing settings and configurations for the OS and installed programs.Remote Desktop- The ability to connect and control another computer remotely, using a network connection. See Remote Assistance/Remote Session for more details.Terminal- A text-based interface to execute system commands. In Windows, this includes Command Prompt or PowerShell, and in Linux/macOS, it’s the Terminal app.
  1. Payment Terms: Client agrees to pay CHASE Tech 8 LLC the following fees for the Services upon completion of the service and/or upon receiving an invoice. In addition to convenience fees that is being charged by a third-party POS system. If payment is not made within 15 business days of invoice or completion, interest shall accrue at a rate of two percent per month. Client shall be responsible for all costs of collection including reasonable attorney fees. No business shall continue until payment has been completed. A Net 15, Net 30, or installment can be initiated however, the situation is not during the time CHASE Tech 8 is taken advantage. CHASE Tech 8 will propose the options as they see fit.
  1. Abandonment: We will contact You when the Services have been completed and Your Device is ready for pick up. You acknowledge and agree that if, despite Our efforts to contact You, You fail to pick up Your Device or otherwise arrange for its return for more than thirty (30) days, or other longer period as required by law, following the completion of Services, Your Device will be deemed abandoned and will become Our property, subject to all applicable provisions of law. In such an event, We may dispose of or otherwise utilize the abandoned property in Our sole discretion in accordance with applicable provisions of law, including sale of the abandoned property, proceeds of which may be used to recoup administrative and repair costs.
  1. Replacement Devices: Subject to this Agreement regarding Your responsibility to back up Your data, We will be responsible to the extent provided under applicable law for the physical safekeeping of Your Device while in Our possession for Service. In the unlikely event that Your Device is lost, stolen or damaged while it is in Our possession for Service, We will repair Your Device or replace it with a device of like kind and quality, as determined by Us in Our sole discretion, which, at Our sole option, may be new or refurbished.
  1. Limited Warranty: The repairs and parts used in the Services, and any replacement Device provided pursuant to this Agreement, will be warranted for a period of three (3) months from the date the Services are completed (the “Limited Warranty”), subject to the provisions and exclusions set forth herein.
  1. Limited Warranty Exclusions: This Limited Warranty does not apply to Services or repairs performed on Devices that have been exposed to moisture or liquids outside of the manufacturer’s intended use, regardless of whether the Services attempted to repair such damage or exposure. This Limited Warranty does not provide coverage for Devices which have been subjected to abuse, misuse, damage due to external causes or an Act of God, normal wear and tear which does not affect the original manufacturer’s intended use, battery leakage or damage resulting from battery leakage. Furthermore, this Limited Warranty does not cover defects resulting from any action by You, including but not limited to mishandling, physical damage, operation outside of design limits, improper repair by someone other than Us, or unauthorized modification. This Limited Warranty does not apply if Your Device shows evidence of tampering or shows evidence of being damaged as a result of excessive corrosion, electrical current, heat, moisture or vibration, or as a result of improper specification, misapplication or other operating conditions outside of Our control. This Limited Warranty covers the following software Services only: factory restores, backups, jailbreaks, and unlocks. This Limited Warranty does not apply to Devices with software modifications performed by someone other than Us following the completion of the Services, including without limitation updated software, use of unauthorized or unapproved software, viruses, malware, spyware, or attempts to modify any software that has been installed by Us. This Limited Warranty is non-transferable and does not apply to Devices on which the serial number has been altered, defaced or is missing.
  1. DISCLAIMER OF ALL OTHER WARRANTIES: THE LIMITED WARRANTY STATED ABOVE SETS OUT THE FULL EXTENT OF OUR RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING WORK PERFORMED OR PARTS SUPPLIED BY THIRD PARTY IN CONNECTION WITH THE SERVICES PERFORMED ON YOUR DEVICE. THE FOLLOWING DISCLAIMER SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND WEBSITE 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. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT. FURTHERMORE, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (B) THE SERVICES WILL BE AVAILABLE, TIMELY, RELIABLE, COMPLETE, SECURE OR ERROR-FREE. EXCEPT AS PROVIDED IN THESE TERMS, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO OBLIGATION TO SUPPORT OR MAINTAIN THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT WE MIGHT NOT BE ABLE TO OFFER THE SERVICES AT ALL, IN THE ABSENCE OF THE FOREGOING DISCLAIMERS AND LIMITATIONS. WE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICES EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.
  1.  LIMITATION OF LIABILITY. THE FOLLOWING LIMITATIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR THE WEBSITER, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF PROFITS OR REVENUES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS OF TIME, DAMAGE TO REPUTATION OR GOODWILL, MISUSE OR DISCLOSURE OF DATA OR CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, ALTERATION, CORRUPTION OR LOSS OF THE DEVICE, DATA, HARDWARE, SOFTWARE OR FILES, FAILURE TO RECEIVE OR BACKUP YOUR DATA (OR ARCHIVED DATA) OR ANY OTHER COMMERCIAL OR PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND UNLESS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, OUR AGGREGATE LIABILITY TO YOU (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER THEORY OF LIABILITY) SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE SERVICES, OR $100.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  1. Modification: We reserve the right to modify this Agreement, and, where applicable, Your continued use of the Services or Website represents Your agreement to those modifications. We reserve the right to suspend or terminate Your use of the Services or Website at any time and for any reason, including for abuse, excessive usage or failure to pay any fees or charges. We also reserve the right to change the scope or extent of the Services at any time and for any reason. No other individual or entity, including but not limited to any agent, employee, dealer, representative or reseller is authorized to modify this Agreement, including any extension of the Limited Warranty above or to make binding representations or claims, whether in advertising, presentations or otherwise, on Our behalf regarding the Services.
  1. Severability & Waiver: You and We agree that if any term of this Agreement, Invoice, and/or Contract is found to be invalid or unenforceable, that term should be modified to the extent possible to make it valid or enforceable without losing its intent and purpose. If no such modification is possible, the term should be severed from this Agreement. Any failure to enforce a right or term of this Agreement shall not be deemed a waiver of that right or term.

This Agreement will terminate automatically upon completion by the Company of the Services required by this Agreement, Invoice, and/or Contract.

In the event of any termination/cancellation of this Agreement, Invoice, and/or Contract, Service Provider may:

  1. Declare all amounts owed to it hereunder to be immediately due and payable;