Terms

 

1. Agreement to Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and GuardIT (“we,” “us,” or “our”), concerning your access to and use of the https://guarditdmv.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site and our services, you have read, understood, and agree to be bound by these Terms.

2. Definitions and Key Terms

For the purposes of these Terms:
“Client” means any individual or entity that uses our Services.
“Services” refer to the MSP services provided by GuardIT, including IT support, network management, cybersecurity, and cloud services.
“Site” refers to https://guarditdmv.com/.

3. Use of Our Services

3.1 Eligibility

You must be at least 18 years old to use our Site and Services. By using our Site and Services, you represent and warrant that you have the legal capacity to enter into a binding agreement.

3.2 Account Registration

You may be required to create an account to access certain features of the Site and Services. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary.

4. Services Overview

GuardIT provides a variety of MSP and technology services designed to enhance and secure your IT infrastructure. Our key services include:
IT Support: Offering technical assistance for hardware and software issues.
Network Management: Planning, implementation, and maintenance of network systems.
Cybersecurity: Protecting your data and systems from cyber threats.
Cloud Services: Providing cloud solutions including migration, management, and optimization.
Data Backup and Recovery: Ensuring the safety and availability of your data.
Managed IT Services: Ongoing management of your IT environment.
Consulting and Advisory Services: Strategic planning and IT consultation.
Structured Cabling Services: Design and installation of network and communication cabling infrastructure.
Surveillance and Security Camera Installation: Setup and maintenance of video surveillance systems for business security.
VoIP Business Telephone: Installation, configuration, and support of VoIP-based communication systems.
HIPAA Consultation and Implementation: Compliance guidance and implementation of security controls to meet HIPAA requirements.

4.1 Cybersecurity Risk Acknowledgment

Client acknowledges that no information technology system, network, endpoint, cloud environment, backup system, cybersecurity product, or security service can be guaranteed to be completely secure or immune from attack.

GuardIT provides cybersecurity, monitoring, maintenance, backup, recovery, and related technology services intended to reduce risk and improve the security and resiliency of Client systems. GuardIT does not warrant or guarantee that its Services will prevent, detect, block, or remediate every cybersecurity incident.

Cybersecurity incidents may include, without limitation, ransomware, malware, viruses, phishing, social engineering, credential theft, unauthorized access, account compromise, business email compromise, data exfiltration, denial-of-service attacks, exploitation of unknown or zero-day vulnerabilities, insider activity, and attacks by third parties.

The occurrence of a cybersecurity incident, data breach, system compromise, or data loss does not, by itself, constitute a failure by GuardIT to properly perform its Services.

5. Service Level Agreement (SLA)

Refer to our SLA for detailed information on our service commitments, response times, and uptime guarantees.

6. Fees and Payment

6.1 Service Fees

You agree to pay all fees specified in your service agreement for the use of our Services.

6.2 Billing and Payments

All payments are due according to the terms specified in your service agreement or invoice. A 7-day grace period may be provided after the invoice due date. Any balance not paid after the grace period may be subject to a late fee of 1.5% of the outstanding amount per month, or the maximum amount permitted by law, whichever is lower.

GuardIT reserves the right to suspend or terminate Services when an account remains past due. Services subject to suspension may include, without limitation, managed IT services, technical support, system monitoring, cloud backup and recovery, server and workstation management, endpoint management, cybersecurity services, maintenance, and operating system or security patching.

During any period of suspension, GuardIT will not be responsible for monitoring, maintaining, backing up, patching, protecting, or otherwise managing systems or services that have been suspended. Suspension of these Services may increase the risk of security vulnerabilities, data loss, system downtime, or other technology-related issues.

Past-due balances must be resolved before suspended Services are restored. GuardIT may require payment of applicable reactivation, restoration, or related service fees before Services are resumed.

6.3 Refund Policy

Refunds are provided as outlined in the individual service agreements. Generally, fees for services rendered are non-refundable.

6.4 Third-Party Services

Certain Services may depend upon third-party products, platforms, telecommunications providers, cloud providers, software vendors, hosting providers, or other external services. GuardIT is not responsible for outages, service interruptions, changes, failures, security incidents, licensing issues, or other conditions caused by third-party providers that are outside GuardIT’s reasonable control.

Third-party products and services may also be subject to their own terms, licensing requirements, pricing, and policies.

7. Client Obligations

7.1 Data Backup

Clients are responsible for maintaining appropriate backups of their data unless backup services are specifically included in a service agreement with GuardIT. Where GuardIT provides managed backup services, the scope, systems, data, storage capacity, retention, and recovery services are limited to those specifically included in the applicable service agreement.

Clients are responsible for identifying critical systems and data that require protection and for notifying GuardIT of material changes to their environment. No backup system can guarantee against every form of data loss, corruption, hardware failure, cyberattack, or third-party service interruption.

7.2 Compliance with Laws

Clients must use our Services in compliance with all applicable laws and regulations.

7.3 Client Cooperation and Access

Clients agree to provide GuardIT with reasonable access to systems, equipment, accounts, credentials, facilities, personnel, and information necessary to perform the Services. Clients are responsible for providing timely approvals and maintaining required software licenses, subscriptions, internet connectivity, and third-party accounts unless otherwise agreed in writing.

GuardIT will not be responsible for delays, service interruptions, incomplete maintenance, or security risks resulting from a Client’s failure to provide necessary access, information, authorization, or cooperation.

7.4 Client Security Responsibilities

Except for responsibilities expressly assumed by GuardIT in a written service agreement, Client remains responsible for the overall security and appropriate use of its systems, accounts, data, facilities, users, and technology environment.

Client agrees to reasonably cooperate with GuardIT security recommendations, including implementation of multi-factor authentication, supported operating systems and software, security updates, credential changes, endpoint protection, network security controls, backup protections, access restrictions, and other reasonable safeguards.

GuardIT will not be responsible for increased cybersecurity risk, system compromise, data loss, downtime, or other damages resulting from Client’s failure or refusal to implement recommended security measures; use of unsupported, obsolete, improperly licensed, or unmanaged systems; disabling or bypassing security controls; sharing or mishandling credentials; unauthorized configuration changes; delayed approvals; or systems, devices, applications, or services outside GuardIT’s agreed scope of management.

Client is encouraged to maintain appropriate cyber liability, data breach, business interruption, and other insurance appropriate to its operations. GuardIT is a technology service provider and is not an insurer of Client’s systems, operations, data, or business continuity.

7.5 Client Portal Account Security

GuardIT may provide Clients and authorized users with access to online portals, dashboards, payment pages, document repositories, ticketing systems, scheduling tools, and other electronic services associated with the Services (“Portal Services”).

Client is responsible for maintaining the confidentiality and security of all usernames, passwords, authentication methods, devices, email accounts, and other credentials used to access Portal Services. Client is also responsible for controlling which employees, contractors, representatives, or other individuals are authorized to access its account.

Client agrees to promptly notify GuardIT of any suspected unauthorized access, compromised credentials, terminated users who should no longer have access, or other security concerns involving the Portal Services.

Client is responsible for activity performed through accounts or credentials assigned to or authorized by Client unless such activity results directly from a security failure within systems controlled by GuardIT.

GuardIT will not be responsible for unauthorized access resulting from compromised or shared credentials, phishing, social engineering, malware on Client devices, compromised Client email accounts, failure to protect authentication credentials, failure to remove former or unauthorized users, or other circumstances outside GuardIT’s reasonable control.

8. Intellectual Property Rights

All content on our Site, including but not limited to text, graphics, logos, and software, is the intellectual property of GuardIT or our licensors. Clients are granted a limited, non-exclusive, non-transferable license to access and use the Site and Services for their intended purposes.

9. Confidentiality

Both parties agree to keep confidential any proprietary information disclosed during the course of the service relationship.

10. Limitation of Liability

To the fullest extent permitted by applicable law, GuardIT shall not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages arising from or related to the use of our Site or Services, including loss of profits, loss of business, loss of data, business interruption, or loss of anticipated savings.

GuardIT shall not be responsible for damages or losses caused by circumstances outside its reasonable control, including third-party service failures, internet or telecommunications outages, hardware failures, software defects, cyberattacks, actions or omissions of the Client or third parties, failure to follow GuardIT recommendations, or systems and Services that have been suspended or terminated.

Nothing in these Terms excludes liability that cannot legally be excluded under applicable law.

10.1 No Grantee of Absolute Security

Client acknowledges that cybersecurity threats continually evolve and that no service provider can guarantee the prevention of all security incidents, unauthorized access, ransomware, malware, data breaches, data exfiltration, system compromise, or data loss.

GuardIT’s obligations are limited to performing the Services identified in the applicable agreement, proposal, statement of work, service plan, or invoice using commercially reasonable efforts within the agreed scope.

10.2 Exclusion of Certain Damages

To the fullest extent permitted by applicable law, GuardIT shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages arising from or relating to the Services, regardless of the legal theory asserted.

This exclusion includes, without limitation:

loss of profits or revenue; loss of business opportunities; business interruption; loss of use; reputational damage; loss or corruption of data; costs associated with recreating data; loss of anticipated savings; loss resulting from operational downtime; regulatory fines or penalties to the extent legally permissible; costs of third-party forensic investigators, attorneys, consultants, notification services, credit monitoring, or public relations services; and claims made against Client by customers, employees, patients, vendors, or other third parties.

10.3 Cybersecurity Events

To the fullest extent permitted by applicable law, GuardIT shall not be responsible for damages arising from or related to a cybersecurity incident caused in whole or in part by circumstances outside GuardIT’s reasonable control.

Such circumstances may include ransomware, malware, phishing, social engineering, credential compromise, unauthorized access, data exfiltration, zero-day vulnerabilities, previously unknown vulnerabilities, malicious insiders, third-party threat actors, internet or telecommunications failures, third-party software or cloud platforms, stolen or reused passwords, compromised accounts, systems outside GuardIT’s management scope, unsupported or obsolete technology, Client or user actions, failure to follow GuardIT recommendations, or security controls that have been disabled, bypassed, rejected, or not approved by Client.

GuardIT does not guarantee that cybersecurity monitoring, endpoint protection, backups, firewalls, email security, multi-factor authentication, or other security measures will prevent every attack or security incident.

10.4 Data Backup and Recovery

Where GuardIT provides backup or recovery Services, GuardIT does not guarantee that every file, system, application, database, configuration, or version of data will be recoverable.

Recovery is dependent upon the availability, condition, integrity, retention period, configuration, and successful operation of the applicable backup systems and third-party platforms.

A cybersecurity event may affect or compromise production data, backup data, cloud services, recovery systems, credentials, or other components necessary for restoration.

10.5 Maximum Aggregate Liability

To the fullest extent permitted by applicable law, GuardIT’s total aggregate liability arising out of or relating to any Service, incident, claim, breach, error, omission, or series of related events shall not exceed the total fees actually paid by Client to GuardIT for the specific Services giving rise to the claim during the six (6) months immediately preceding the event giving rise to the claim.

For a one-time project or service that has not been provided for six months, GuardIT’s maximum aggregate liability shall not exceed the amount actually paid to GuardIT for the specific project or Service giving rise to the claim.

This limitation applies regardless of whether a claim is asserted under contract, tort, negligence, statute, or any other legal theory and regardless of whether GuardIT was advised that such damages were possible.

10.6 Exceptions Required by Law

Nothing in these Terms excludes or limits liability to the extent such liability cannot legally be excluded or limited under applicable law.

10.7 Client Portal and Electronic Systems

GuardIT uses commercially reasonable administrative, technical, and organizational safeguards intended to protect its client portal, online systems, electronic communications, and information processed through those systems. However, Client acknowledges that no internet-connected system, website, application, cloud service, payment system, communication platform, or electronic storage system can be guaranteed to be completely secure or continuously available.

GuardIT does not warrant or guarantee that the GuardIT client portal or related electronic systems will be immune from unauthorized access, cybersecurity attacks, malware, credential theft, exploitation of previously unknown vulnerabilities, service interruption, data corruption, data loss, or other security incidents.

To the fullest extent permitted by applicable law, GuardIT shall not be liable for loss, damage, disclosure, alteration, destruction, unauthorized access, or interruption involving Client information arising from circumstances outside GuardIT’s reasonable control, including:

• Compromised, stolen, reused, weak, or shared Client credentials;

• Phishing, social engineering, or compromise of a Client user’s email account or device;

• Malware or other compromise of Client-controlled computers, mobile devices, browsers, or networks;

• Actions of current or former Client employees, contractors, representatives, or other authorized users;

• Failure by Client to promptly notify GuardIT of personnel changes, compromised credentials, or suspected unauthorized access;

• Vulnerabilities, outages, breaches, security incidents, or failures involving third-party hosting providers, cloud platforms, payment processors, email providers, telecommunications providers, software vendors, authentication providers, APIs, or other third-party services;

• Previously unknown or zero-day vulnerabilities;

• Cyberattacks or malicious activity that could not reasonably have been prevented through commercially reasonable security measures; or

• Events otherwise outside GuardIT’s reasonable control.

Client acknowledges that access to the Portal Services through the Internet inherently involves security and availability risks and agrees that GuardIT is not an insurer or guarantor against cybersecurity incidents, unauthorized access, or data loss.

Nothing in this section limits any obligation or liability that cannot legally be limited or excluded.

Any liability arising from or relating to the Portal Services shall remain subject to the exclusions and aggregate limitation of liability set forth in this Section 10.

11. Suspension and Termination

GuardIT reserves the right to suspend or terminate Services for nonpayment, material breach of these Terms or an applicable service agreement, unlawful activity, security concerns, misuse of the Services, or circumstances that could reasonably threaten GuardIT, the Client, third parties, or associated systems.

Where reasonably practicable, GuardIT will provide notice before suspending or terminating Services. Immediate suspension may be necessary when required to address security threats, unlawful activity, misuse, or other circumstances requiring urgent action.

Upon suspension or termination, GuardIT may discontinue monitoring, support, maintenance, patching, backup management, cybersecurity services, cloud services, and other managed Services associated with the affected account.

Clients remain responsible for all amounts due through the effective date of suspension or termination and for any applicable restoration, transition, retrieval, or reactivation charges.

Following termination, availability and retention of Client data, backups, cloud resources, or third-party services may be subject to the applicable service agreement, retention policy, and third-party provider requirements. Clients are responsible for arranging the timely transfer or preservation of data they wish to retain.

11.1 Emergency Security Actions

When GuardIT reasonably believes that a cybersecurity threat, unauthorized access, malware infection, compromised account, system vulnerability, or other security condition presents an immediate or material risk, GuardIT may take reasonable protective action within systems under its management.

Such actions may include isolating computers or servers, disabling accounts or remote access, blocking network communications, resetting credentials, suspending services, disconnecting systems, restricting access, or taking other reasonable containment measures.

Client acknowledges that emergency security actions may temporarily interrupt business operations, applications, communications, system availability, or access to data.

To the fullest extent permitted by law, GuardIT will not be responsible for downtime, loss of use, business interruption, or other damages resulting from reasonable actions taken in good faith to investigate, contain, mitigate, or respond to an actual or suspected cybersecurity threat.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our Site. Your continued use of the Site and Services after any such changes constitutes your acceptance of the new Terms.

13. Governing Law

These Terms and your use of the Site and Services are governed by the laws of Virginia, USA. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Virginia, USA.

14. Entire Agreement and Order of Precedence

These Terms apply generally to GuardIT’s Site and Services. Certain Services may also be governed by a proposal, service agreement, statement of work, service level agreement, Business Associate Agreement, or other written agreement between GuardIT and the Client.

If there is a conflict between these Terms and a separately executed written agreement governing specific Services, the terms of the separately executed agreement will control with respect to those Services.

Quotes, estimates, work authorizations, and invoices may incorporate these Terms by reference.

15. Contact Us

GuardIT LLC
Email: customercare@guarditdmv.com
Phone: 202-998-2378
Website: www.guarditdmv.com