Terms of Service

Your Acceptance
By checking “I have read and agree to the terms of service”, you will be bound to the following terms: (1) these terms and conditions (the “Terms of Service”) and (2) the Quick Support Request Portal privacy policy, found at com/support policy. If you do not agree to any of these terms or policies please do not use the Service.
Although BizMacs may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at com/support policy. BizMacs may for any reason modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions.
Service
com consists of a web portal by which you can request support services and products, such as:
1. Service Order Requests (“SOR”) support
2. Shop Services

On-site Projects

Remote Projects
Desktop Support/Help Desk Services
System Administration

Network Administration
Technical Consulting

Technical Project Management
Remote Desktop Support
Remote Administration Support

In-House Shop Repair
AppleCare Shuttle Repair Service
Merchandise

Telephone Support

Any other services BMI, Inc. (“BMI”) agrees to provide at its sole discretion.

BizMacs Quick Support is provided by BMI. Elements of the Service may also be provided by other vendors and/or subcontractors at the discretion and direction of BMI.
BMI shall have the right to determine the method, location, details, and means of performing the Services requested through BizMacs, Inc. You shall have no right to, and shall not, control the manner or determine the method of accomplishing the Services. All Services shall be performed in a workmanlike and professional manner by BMI, its employees and/or subcontractors, having a level of skill commensurate with the requirements of this Agreement. BMI shall require its personnel and/or subcontractors at all times to observe the security and safety policies you provided to BMI in writing.
All on-site service calls are subject to a two-hour minimum. You must approve all non-scheduled service calls in excess of eight hours, unless agreed upon prior to service call. You may elect to alter the duration of a scheduled service call only with notice of at least 48 hours prior to arrival of the BMI technician.
BMI will try to accommodate work schedule changes where possible but does not guarantee it can accommodate all requested work schedule changes. Should any personnel of BMI be unable to perform scheduled services because of illness, resignation, or other causes beyond BMI’s reasonable control, BMI will attempt to replace such individual within a reasonable time, but BMI shall not be liable for delays resulting from factors beyond its control.
48-hour notice (by phone) is required to cancel any and all scheduled service calls to avoid fees. You shall be responsible for all service calls not canceled with 48-hour notice at the rate charged for a 2-hour service call. BMI shall have no liability for system quality problems related directly or indirectly to the cancellation of service calls.
You are responsible for identifying your needs and specifications and communicating these to BMI; Selecting and training of your personnel to familiarize them with the handling, use and operation of your equipment and systems; and providing BMI such access to your premises and equipment as may be necessary for BMI to perform the Services under these Terms.
Client acknowledges and understands that BMI may perform similar services for other third parties. Client hereby agrees that nothing contained in these Terms of Service shall prevent BMI from performing such similar services.
BMI is not a provider of, and will not provide any of the following Services to you: IT support training, support for non-Macintosh/Windows work environments; ordering of consumables (toner, printer paper, blank disks, etc.); advanced software training; or internal hardware maintenance of printers, scanners, and monitors. In addition, workstations, controllers, printers, storage units, tape devices, and or the Macintosh/Windows operating systems over 5-years in age due to product discontinuation and incompatibility.
By using the Service, you expressly relieve [SELF SERVICE PORTAL], BMI, and the vendors and subcontractors of BMI performing as directed by BMI from any and all liability arising from your use of the Service.
Use of the quick support self-service portal is limited to current account holders of BizMacs.com self-service accounts. Account holders whose accounts fall into arrears may have their support and support account access terminated until becoming current on their accounts without further notice.
Service Accounts
In order to access some features of the Service, you will have to create an account. You may never use another’s account without that individual’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify BizMacs immediately of any breach of security or unauthorized use of your account.
Although neither BizMacs quick support self-service portal nor BMI will be liable for your losses caused by any unauthorized use of your account, you may be liable for the loss of your account and future eligibility to BizMacs support due to such unauthorized use.
General Use of the Service—Permissions and Restrictions
BizMacs grants you a limited, non-exclusive license to access and use of the quick support self-service portal for the purpose of engaging BMI for Services it provides. This license includes the right to access and schedule services provided by BMI. This license is personal to you and may not be assigned or sublicensed to anyone else; however you may share your account credentials for non-commercial purposes with another individual subject to the terms of Section 3.
You may not to alter or modify any part of the Service.
You agree not to store or access to the quick support self-service portal through any technology or means other than that which has been provided by BizMacs, Inc.
You agree not to use the Service for any commercial purpose.
Except as expressly permitted by BizMacs, Inc. in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the quick support self-service portal. Nor will you take any measures to interfere with or damage bizmacs.com and or the quick support self-service portal. All rights not expressly granted by BizMacs, Inc. are reserved.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the quick support self-service portal servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Service or the Data therein.
In your use of the Service, you will comply with all applicable laws.
BizMacs, Inc. reserves the right to discontinue any aspect of the Service at any time.
Payment for Requested Services
Subject to the other provisions of these Terms of Service, you shall pay any amounts due to BizMacs immediately upon completion of any Services requested through your Service account. Such payments may be made by the following methods: (a) via credit card (Visa/MC), run at the time of purchase, or (b) via Company check, due upon delivery of merchandise (C.O.D) or services.
You agree to pay BMI hourly minimum rates and fees (2-hour minimum) for any and all on-site Services as well as general travel and dispatch fee per on-site request. You also agree to pay BMI for any and all time spent providing remote service (billed in 15-minute increments) phone support, research, consulting, project management, infrastructure design, or repair resolution services performed off-site at BMI business locations in connection with Services per verbal, written, or ticketed request. You shall pay BMI fees based on Schedule A, which may be updated from time to time. Any update to Schedule A shall not apply to Services that are the subject of an SRO executed prior to the date of such update.
In addition to the foregoing, you shall pay BMI its actual out-of-pocket expenses incurred in furtherance of its performance under any applicable Work Statement. You shall pay all such expenses within thirty (30) days of receipt of such invoices. BMI agrees to provide you with access to such receipts, ledgers, and other records as may be reasonably appropriate for you or your accountants to verify the amount and nature of any such expenses. Travel for any Services being requested from you that require travel more than 100 miles of any BMI locations is billed at actual cost or at a standard “day-rate” of $2200.00 per technician. You will cover all reasonable fuel, airfares and hotel fees (per technician) and will be invoiced per day.
A 15% monthly late fee will be added to all invoices remaining unpaid more than 15 calendar days from original invoice date. Until payment has been received, fees will continue to accrue on a daily basis until payment is received and posted. Returned checks are subjected to a $45.00 bank fee, and the monthly fee of 15% will be added to all invoices remaining unpaid due to insufficient funds, until payment has been satisfied.
Unless you notify BMI in writing within five (5) business days of its receipt of an invoice that you dispute the invoice, you shall be deemed to accept the invoice and shall pay the invoice in full when due.
In the event that you have confirmed scheduled Services on BMI’S premises, your premises, or any other premises, but fail to attend, or provide a representative to attend, such scheduled services, you are responsible for any and all fees and/or expenses for all such confirmed scheduled Services.
Service On Request Fees: Schedule A

SERVICE CATEGORY	PRICING	NOTES
SERVICES ON REQUEST & EMERGENCY SERVICES		BMI will document each Service Request Order (SRO) with itemized service, hours, and dates. Services on Request may be subject to invoicing and payment upon completion of Services per service call.
On-Site Desktop/ Help Desk Support	$225.00 per-hour	Billed in quarter-hour increments after 2-hour minimum has been met
On-Site Server/System Administration	$275.00 per-hour	Billed in quarter-hour increments after 2-hour minimum has been met
On-Site Network Administration	$275.00 per-hour	Billed in quarter-hour increments after 2-hour minimum has been met
Technical Consulting – on location or off-site	$275.00 per-hour	Billed in half-hour increments after 1-hour minimum has been met
Technical Project Management – on location or off-site	$225.00 per-hour	Billed in half-hour increments after 1-hour minimum has been met
Remote Desktop Support	$65.00 per-incident	Scheduled Remote Assist: Billed in 15-minutes increments (units)
Remote Administration Support	$95.00 per-incident	Scheduled Remote Assist: Billed in 15-minutes increments (units)
Emergency Support/Same Day	$275.00 per-hour	Billed in quarter-hour increments after 2-hour minimum has been met
In-House Shop Service/Repair	$175.00 per-hour	Services and or repairs rendered at BMI shop. Time is billed in quarter-hour increments after first hour
AppleCare Shuttle Repair Service	$200.00 round-trip	Clients will be billed on a per-case or per-incident basis. Round Trip (Pickup and return)
Dispatch & Parking	$45.00 per service call	Clients will be billed on a per-dispatch or per-incident basis and added on service invoice
Emergency Remote Desktop	$95.00 per-incident	On Demand/Same Day Remote Assist: Billed in 15-minute increments (units)
Emergency Remote Administration	$125.00 per-incident	On Demand/Same Day Remote Assist: Billed in 15-minute increments (units)

Non-solicitation

You acknowledge that BMI provides a valuable service by identifying and assigning personnel for your work. You further acknowledge that you would receive substantial additional value, and BMI would be deprived of the benefits of its work force, if you directly hire BMI’s personnel after they have been introduced to you by BMI.
Without the prior written consent of BMI, you shall not contact any BMI personnel who are or have been assigned to perform work under this Agreement, regarding potential employment or providing any services to you, or for any other reason or purpose independent of such personnel’s role in providing services hereunder, prior to five (5) years following the completion of Services.
In the event that you contact any personnel of BMI who are or have been assigned to perform work for you under these Terms within five (5) years of the date of the completion of Services, regarding or relating to potential employment by or providing services to you, you shall pay BMI an amount equal to one hundred percent (100%) of the total first year compensation you pay such personnel for the additional benefit obtained by you.
Additional Provisions
The trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to BizMacs, subject to copyright and other intellectual property rights under the law. You may not use these marks without the express written consent of BizMacs, Inc. outside of the normal operation of the Service.
Your Data and Conduct
You shall be solely responsible for your own Data. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to possess Data you store.
You further agree that you will use the Service in any way that facilitates or could be considered to facilitate any unlawful acts, such as maintaining any Data or other material that exploits minors, depicts unlawful acts or extreme violence, depicts animal cruelty or extreme violence towards animals, or violates any applicable local, national, or international laws or regulations.
No Liability for Data Loss or Data Corruption. BMI has no responsibility in the health or state of client data before, during, or after any service is performed, or for any data lost, including data corruption as a result of any Services BMI provides. Client may elect to have BMI backup Client data as part of Services rendered, but BMI is not responsible for the health or state of Client data before, during, or after the duplication or replication process. Client agrees to waive all liability against BMI in the unlikely event of data loss or file corruptions. IN NO EVENT SHALL BMI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PERFORMED UNDER THIS AGREEMENT. BMI’S LIABILITY WITH RESPECT TO THIS AGREEMENT, FROM ALL CAUSES OF ACTION IN THE AGGREGATE SHALL NOT EXCEED THE AMOUNTS PAID BY CLIENT UNDER THIS AGREEMENT.
Confidentiality
Each party agrees that information disclosed to it by the other party (“Disclosing Party“) including, but not limited to, information learned from such party’s property, that relates to its products, designs, business plans, business opportunities, finances, research, development, know-how, personnel, or third party confidential information, and the terms and conditions of these Terms of Service, will be considered and referred to collectively in these Terms of Service as “Confidential Information.” Confidential Information, however, does not include information that (a) is now or subsequently becomes generally available to the public through no fault or breach on the part of the recipient of such Confidential Information (“Recipient“); (b) Recipient can demonstrate to have had rightfully in its possession prior to disclosure by the Disclosing Party such Confidential Information; (c) is independently developed by the Recipient without the use of any Confidential Information of the Disclosing Party; or (d) Recipient rightfully obtains from a third party who has the right to transfer or disclose it.
The Recipient of Confidential Information agrees that it will not disclosure, publish, or disseminate Confidential Information of the Disclosing Party to anyone other than those of its employees with a demonstrated need to know, and Recipient agrees to take all reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information. Recipient agrees to use any Confidential Information disclosed to it solely for the purposes contemplated by these Terms of Service and not otherwise for its own or any third party’s benefit without the prior written approval of an authorized representative of the Disclosing Party in each instance. All Confidential Information remains the property of the Disclosing Party. Recipient shall enter into appropriate agreements, if Recipient has not already done so, to protect the Confidential Information. Recipient shall not use Confidential Information at any time for any purpose other than as instructed by the Disclosing Party.
Termination Policy
BMI reserves the right to decline service and or terminate your account at anytime, for any reason, including but not limited to non-payment or late payment, without any penalty. BMI may terminate if BMI determines that you have violated or materially breached any obligation in these Terms of Service and fail to cure such breach within five (5) days from the date of receipt by you of notice of such failure, with such termination effective immediately on the fifth day following such notice. BMI reserves the right to immediately suspend performance of Services under these Terms of Service pending payment of all past due invoices.
Upon account termination all licenses granted to you herein will terminate.
Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, [SELF SERVICE PORTAL] AND BMI, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU THEREFORE USE THE SERVICE AT YOUR OWN RISK. [SELF SERVICE PORTAL] AND BMI EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. WITHOUT LIMITING THE FOREGOING, [SELF SERVICE PORTAL]AND BMI MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT [SELF SERVICE PORTAL] WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE SERVICE. [SELF SERVICE PORTAL] AND BMI FURTHER ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF DATA, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY DATA OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

Limitation of Liability

IN NO EVENT SHALL [SELF SERVICE PORTAL] OR BMI, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF DATA, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY DATA OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER [SELF SERVICE PORTAL] NOR BMI SHALL BE LIABLE FOR DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless BizMacs, Inc. their parent corporations, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Data caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BizMacs, Inc. without restriction.

General

You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over BizMacs quick support self-service portal or BMI, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and BizMacs, Inc. that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Marin County, California. These Terms of Service, together with the Privacy Notice at [bizmacs.com/support policy]) and any other legal notices published by BizMacs on the Service, shall constitute the entire agreement between you and BizMacs, Inc. concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and or BMI’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. BizMacs, Inc. reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND BIZMACS, INC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Dated: January 1, 2018 (rev3.0.1)