Terms of Service

Terms of Service (Effitech IT Solutions, LLC)

Last Updated: September 9, 2025

Introduction. This Terms of Service (“Agreement”) is a legal agreement between Effitech IT Solutions, LLC (referred to as “Effitech,” “Company,” “we,” or “us”) and any person or entity (the “Client” or “you”) who uses or purchases our IT support and consulting services. By requesting or obtaining any service from Effitech, you acknowledge that you have read, understood, and agree to be bound by this Agreement. Proceeding with service (including scheduling or allowing us to begin work) constitutes acceptance of these terms.

  1. Services Provided. Effitech offers professional information technology services to residential and business clients on a case-by-case basis. Our services include, but are not limited to: remote technical support, on-site technical support, IT consulting, computer networking setup and troubleshooting, telephony and VoIP setup, CCTV and security camera installation, audio/video system setup, and low-voltage cabling/infrastructure work. We will perform services as requested by the Client and agreed to by Effitech, according to the scope and pricing discussed with the Client (or as outlined in any relevant proposal or Statement of Work). Effitech will use reasonable care and skill in delivering the services.

  2. Client Responsibilities. The Client agrees to cooperate and provide all information, access, and resources necessary for Effitech to perform the services. Key client responsibilities include:

Accurate Information & Access: You must provide truthful, accurate, and complete information about your IT systems or problems. You are responsible for securing any necessary permissions for us to work on your equipment or systems. You agree to provide timely access (whether physical access or remote login credentials) to your devices, network, or premises as needed. If you provide login credentials or passwords, you represent that you have the authority to do so, and you should change any such passwords after the service is completed for security.

Data Backups: Prior to any service, it is solely your responsibility to back up all critical data and files on your systems. Effitech is not responsible for data loss or corruption that could occur during the course of troubleshooting or repair, especially if such loss results from your failure to maintain proper backups safeoffsitebackups.com . You acknowledge that not having recent backups of your data is considered a client responsibility lapse, and Effitech shall not be liable for any recovery of lost data.

System Condition: You are responsible for ensuring that your hardware, software, and systems are in a condition that allows the service to be performed. This includes having necessary software licenses, providing any special tools or materials that must be client-supplied, and informing Effitech of any unusual configurations, encryption, or security measures in place. Effitech is not responsible for any pre-existing issues or hidden defects in your equipment or environment that are discovered during service accreditedappliance.com . (For example, if there are pre-existing malware infections, hardware faults, or code violations in cabling, we are not liable for those conditions or any consequences of addressing them.)

Safe Workspace: For on-site services, you agree to provide a safe and hazard-free environment for us to work. You will secure any pets, ensure minors are supervised and away from work areas, and inform us of any building rules or hazardous conditions. For remote services, you will ensure a stable internet connection and that you are available to follow instructions (such as downloading remote support software).

Follow Instructions & Post-Service Steps: You agree to follow any instructions we provide, whether during or after service. This includes security recommendations such as changing passwords that were shared, running prescribed antivirus scans, or not reconnecting problematic devices until they are repaired. Effitech will not be responsible for issues that arise because the Client ignored or failed to follow our recommendations or instructions.

  1. Fees and Payment Terms. Fees for services will be communicated to the Client in advance (through our website, a quote, or direct communication). Effitech may charge either an hourly rate or a flat fee depending on the service. All prices are in U.S. Dollars. Unless otherwise agreed in writing, the following payment terms apply:

Invoicing and Due Date: We typically invoice clients electronically (with options to pay via Stripe, PayPal, or other provided methods). Payment may be required before service begins for certain services (this will be communicated upfront). Otherwise, payment is due immediately upon completion of the service engagement (for example, by the end of a support call or on-site visit) unless alternative arrangements are made in advance. For business clients on account, any invoices are due upon receipt or within the timeframe stated on the invoice.

Payment Methods: Clients can pay using the link provided on the invoice, choosing their preferred method (e.g. credit/debit card via Stripe, PayPal transfer, etc.). We do not directly collect or store your credit card information; online payments are handled by secure third-party processors. If cash or check payments are accepted (by prior arrangement), they must be provided promptly as agreed.

Late Payments: If payment is not received by the due date, Effitech reserves the right to suspend or halt further services until the account is brought current. Late payments will incur a finance charge of 1.5% per month (which is 18% per annum) on the outstanding balance accreditedappliance.com , or the maximum rate permitted by law, whichever is lower. This late fee will accrue starting from the day after the payment was due. You also agree to reimburse us for any collection costs incurred for overdue payments, including reasonable attorney’s fees and court costs, to the extent allowed by law accreditedappliance.com .

No Withholding: You may not withhold any portion of payment due to dissatisfaction with services, alleged contract breach, or any counter-claim against Effitech, without our written agreement. If you have any billing disputes or questions, you should notify us in writing within 10 days of the invoice, and we will work in good faith to resolve the issue.

  1. Refund and Cancellation Policy. Effitech strives for customer satisfaction and will make a good-faith effort to resolve IT issues. However, if you are not satisfied or if a problem cannot be resolved, our refund policy is as follows:

Cancellation Before Start: If you request a service and then cancel before any work has been started (and before any on-site visit or remote session has begun), you are entitled to a full refund of any pre-paid amount for that service.

Inability to Resolve Issue (Provider Fault): If we begin work on an issue and determine that we cannot solve the problem due to our own limitations or lack of expertise, and the fault or inability lies with Effitech, we will inform you as soon as possible and will not charge you for that service. If you have pre-paid, you will receive a full refund. (Example: if you hired us to recover a failed hard drive and we determined we do not have the tools to do so, you would be refunded any payment for that service.)

Partial Work Completion: If a service was started but not completed, or the outcome is only partially achieved, we may offer a partial refund corresponding to the unfinished portion or the value of the unsolved part of the problem. Partial refunds are at Effitech’s discretion and will factor in the time and effort already spent, as well as any tangible value the Client received. We will be fair and transparent about any such calculation.

Client-Caused Issues / No Fault of Provider: If a service cannot be completed or fails to resolve the issue due to circumstances caused or concealed by the Client, no refund will be given. This includes (but is not limited to) situations where the Client provided incorrect or misleading information, failed to follow our instructions or prepare the system as instructed, lacked necessary licenses or access, or if the environment has conditions that make the service impossible (e.g. severe pre-existing damage, illegal software, etc.) that were not disclosed. Additionally, if a problem reoccurs or cannot be solved because of the Client’s own actions after service (for example, reintroducing a virus by visiting unsafe sites immediately after a cleanup, or undoing our configuration changes), this is not a failure on our part and is not eligible for refund.

No Satisfaction Guarantee Unless Stated: While we want you to be happy with our work, we do not guarantee any particular outcome or solution for every issue. We can only promise to apply our expertise to your situation. Therefore, refunds are only provided under the specific conditions above. If you simply are unhappy with the result even though the service was delivered as promised or the issue was resolved as far as possible, that will not typically warrant a refund. However, we encourage you to communicate any concerns, and we will attempt to address them in good faith (for example, providing additional advice or fixes if reasonable).

  1. Limitation of Liability. Effitech IT Solutions, LLC is a provider of IT support and services, and while we aim to solve problems and improve your technology, there are inherent risks in working on electronic systems. To the fullest extent permitted by law, our liability to you is limited as follows:

No Indirect Damages: Under no circumstances will Effitech be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with our services or this Agreement. This limitation includes, but is not limited to, any loss of data, loss of profits, downtime, business interruption, loss of business information, or any other pecuniary loss, even if we have been advised of the possibility of such damages. We do not assume liability for harm to your business, lost revenues, or lost opportunities due to service timing or outcomes.

Cap on Direct Damages: In all events, Effitech’s total cumulative liability for any claim arising out of or relating to this Agreement or the services provided shall not exceed the total amount of fees you paid to us for the specific service or assignment that gave rise to the claim beyondcloudconsulting.com . For example, if the dispute arises from a particular repair job for which you paid $200, our maximum liability shall be $200 for that claim. This limitation applies to all causes of action in the aggregate (not per incident) and regardless of the legal theory (contract, tort, negligence, strict liability, etc.).

Client’s Own Actions and Third-Party Products: Effitech is not liable for any issues, damages, or losses that result from your own actions or the actions of third parties. For instance, if we install a piece of hardware or software based on your request, we are not liable for manufacturer defects in that hardware or software. If we give you advice (e.g. to purchase a backup drive or antivirus) and you choose not to follow it, we are not liable for any consequences (like data loss or infection). Any warranties for third-party products or services (such as equipment we install) are between you and the third-party vendor or manufacturer, not Effitech.

No Warranty & Services “As Is”: Effitech provides all services on an “as is” and “as available” basis, without any warranties or guarantees of any kind, unless explicitly stated otherwise in writing. We do not warrant that our services will always resolve your issue or that every problem is fixable. We disclaim any implied warranties, including any implied warranties of merchantability or fitness for a particular purpose, to the maximum extent allowed by law safeoffsitebackups.com safeoffsitebackups.com . We do promise that our services will be carried out with reasonable care and professionalism, but there is no guarantee as to results.

Not Responsible for Pre-Existing or External Conditions: Effitech shall not be responsible for the remediation of, or any damage resulting from, pre-existing conditions in your systems or environment. This includes, but is not limited to, pre-existing bugs, viruses or malware, hardware faults, data corruption, or configuration errors that were present before we worked on your system (whether or not immediately apparent). We are also not liable for failures or issues that occur during or after our service that are not caused by us or are due to factors outside our control – for example, a component that fails from old age or fragility while we are handling the device, or a power surge that occurs during our service visit. We will inform you if we notice any such pre-existing issues or risks, but you assume all risk for continuing with service in such cases accreditedappliance.com .

No Liability for Lack of Backups: As noted, maintaining up-to-date backups is the Client’s responsibility. Effitech is not liable for any loss of data, software, or files from your systems during service. This applies even to unintended or unexpected data loss; by engaging us, you acknowledge that you have taken necessary backup precautions. Effitech will not pay for data recovery or be responsible for any loss resulting from data that was not backed up by the Client safeoffsitebackups.com .

Remote Access and Security Risks: When providing remote support services, Effitech uses industry-standard remote access tools with encryption. However, you understand that remote connections carry inherent risks (such as the potential for interception by unauthorized parties or malware activity on your system). Effitech is not responsible for malware infections, data corruption, or unintended system behaviors that arise during or after a remote support session, except to the extent such issues were directly caused by our own gross negligence or willful misconduct. You acknowledge that some problems (especially malware removal or system troubleshooting) may involve risks of system instability, and while we take precautions, we cannot guarantee that performing certain remedial actions will not have unforeseen effects. We strongly recommend that you close all unrelated applications and documents and ensure sensitive data is backed up or not open during a remote session.

  1. Acceptable Use and Lawful Purpose. You agree to use Effitech’s services and any provided advice or configurations only for lawful, authorized purposes. Our services should not be used in any way that violates any applicable law or regulation, or to facilitate the violation of laws. Examples of prohibited misuse include:

Engaging us to assist in any illegal activities (such as hacking, distributing unlicensed software or content, accessing others’ data without permission, or any fraudulent conduct).

Using networks, devices, or software that we set up or configure for you to transmit or store unlawful content, to send spam or malicious code, or to harass or harm others.

Asking us to circumvent security measures, licenses, or other protections on software/hardware in a manner that would violate terms or laws (unless you have a clear legal right to do so and it is part of the agreed service scope).

Effitech reserves the right to refuse or terminate services if we discover that the requested work or the Client’s intended use of our work would violate this Acceptable Use clause or any law. You, the Client, are solely responsible for compliance with all laws and regulations that apply to your own IT systems and data (for example, privacy laws regarding your data, software licensing rules, etc.). We will not be liable for any fines or legal consequences that result from your misuse of our services.

  1. Privacy and Data Security. We take your privacy seriously. Any personal information you provide to us is handled in accordance with our Privacy Policy (see below or at effitechitsolutions.com/privacy-policy). In summary, we collect only the information necessary to perform the services (such as your contact information and details about your IT issue), we use this information only for providing services and related billing/communication, and we do not sell your personal information to third parties. We also do not keep any of your account passwords or confidential credentials after the service is completed. Effitech implements reasonable security measures to protect any data you do share with us, but you understand no system is 100% secure. By using our services, you consent to the collection and use of information as outlined in the Privacy Policy.

During the course of providing services, we may inadvertently see or have access to sensitive information on your devices (for example, we might briefly see your screen which has personal files open, or handle a drive that contains personal data). We will not inspect, copy, or retain any of your personal or business data except as necessary to perform the service you requested. Any incidental knowledge of your information will be treated as confidential. (See also the Mutual Non-Disclosure Agreement (NDA) below for protection of confidential information.)

  1. Changes to Terms. Effitech may update or modify these Terms of Service from time to time. If we make material changes, we will notify clients by posting the updated terms on our website at effitechitsolutions.com/terms-of-service and by updating the “Last Updated” date. For existing clients with ongoing services or agreements, we may also send notice via email of major changes. Continuing to use our services after an update constitutes acceptance of the revised Terms. If you do not agree with the changes, you must notify us and discontinue using our services before the new terms take effect. No modification or alteration of these terms by the Client is binding unless expressly agreed in writing by Effitech.

  2. Governing Law and Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law principles. The parties agree that the state and federal courts located in Wicomico County, Maryland shall have exclusive jurisdiction over any dispute or claim arising out of or relating to this Agreement or the services provided, and each party consents to the personal jurisdiction of such courts.

Before filing a lawsuit, the Client and Effitech agree to attempt in good faith to resolve any dispute or claim through discussion and negotiation. If any disputes cannot be resolved amicably, they will be adjudicated in the appropriate Maryland court as specified above. In any legal action arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the other party, to the extent permitted by law.

  1. Other Provisions.

No Third-Party Liability: Our services are provided solely for your benefit as the Client. We have no obligation or liability to any third party in relation to our work for you. You agree to indemnify and hold Effitech harmless from any claims by third parties arising out of your use of our services or any breach of this Agreement by you (for example, if someone else’s data is lost because you did not have backups and they make a claim against us, or if you had us install software that infringes a third party’s rights unbeknownst to us, etc.).

No Assignment: You may not assign or transfer your rights or obligations under this Agreement to anyone else without our prior written consent. Effitech may assign its rights and obligations to a successor entity in the event of a merger, acquisition, or sale of assets, provided that the successor agrees to be bound by these terms.

Work by Personnel/Subcontractors: All services will be provided by Effitech IT Solutions, LLC and its authorized personnel. At this time, all work is performed by the owner (sole operator) of Effitech, and no subcontractors are engaged. We will not subcontract or outsource any portion of the work without your knowledge and consent. If in the future additional technicians or subcontractors are involved, they will be bound by the same standards and confidentiality obligations.

Independent Contractor: Effitech is an independent contractor, and neither this Agreement nor the provision of services creates any partnership, joint venture, or employment relationship between Effitech and the Client. Neither party has the authority to bind the other to any third party or act in any way as the representative of the other, unless expressly agreed in writing.

Severability: If any provision of this Agreement is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, that provision will be deemed modified to the minimum extent necessary to make it enforceable (or disregarded if no such modification is possible), and the remaining provisions of this Agreement shall remain in full force and effect.

Waiver: The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision. Any waiver of any breach of this Agreement will not be a waiver of any subsequent breach.

Entire Agreement: This Terms of Service (together with any applicable Statement of Work or Service Order and any policies referenced, such as the Privacy Policy) constitutes the entire agreement between you and Effitech regarding the services provided and supersedes all prior or contemporaneous agreements, understandings, or communications (whether written or oral) relating to the subject matter herein. You acknowledge that you are not relying on any representation or warranty not explicitly stated in this Agreement. Any modifications or amendments to this Agreement must be in writing and signed or acknowledged by both parties (electronic consent is acceptable).

  1. Contact Information. If you have any questions about these Terms of Service or need to communicate with us for any reason, please contact us at:

Effitech IT Solutions, LLC 35130 Buck Ct, Pittsville, MD 21850 Email: effitechitsolutions@gmail.com Phone: 410-914-7776