Terms of Service
These terms explain how we work together: what we provide, what you are responsible for, and the rules that apply if something goes wrong. We wrote them in plain English.
This agreement is between you (the "Client") and [BUSINESS ENTITY / d/b/a — edit before launch], operating as TruePointSupport and led by Orlando Molina ("TruePointSupport", "we", "us", or "our"). By requesting or using our services, you agree to these terms. If you do not agree, do not use the services.
1. Scope of services
In short: We provide IT and AI services. The list on this website is a summary, not the full picture, and a signed agreement controls when one exists.
We provide technology services that may include: IT support and troubleshooting; managed services and around-the-clock monitoring; AI assistant, business messaging, and AI receptionist services; technology consulting; vendor relations and vendor management; and any other professional services we agree to in writing or in person.
The services listed on this website are examples. They are not an exhaustive list of everything we do. The specific work for a given engagement may be defined in a separate written agreement, proposal, or statement of work. Where a separate written agreement exists, that agreement controls if it conflicts with these terms.
2. Quotes, fees, and payment
In short: We quote before we bill. Setup fees and subscriptions are as stated when you sign up, and fair-use limits apply to unlimited plans.
We provide quotes before we start billable work. Fees, setup fees, and subscription prices are the amounts stated at the time you agree to a service or on the applicable order. Per-incident and per-visit work is billed as described for that service. Subscriptions are billed on a recurring basis until cancelled.
Plans described as including unlimited help are subject to the fair-use policy published for that plan. Fair use covers everyday fixes and questions; larger projects are quoted separately. Invoices are due on the terms stated on the invoice. Late or unpaid amounts may pause service until the balance is resolved.
3. Scheduling, response times, and cancellation
In short: Human response happens during service hours. Monitoring runs around the clock. You can reschedule with reasonable notice.
When a service states a response time, that response time is measured during our published service hours. "During service hours" means the hours listed on our About page, which we may update from time to time. System monitoring, where included in your plan, runs around the clock, every day.
Scheduled visits and appointments can be rescheduled or cancelled with reasonable advance notice. We may need to reschedule for reasons outside our control, and we will give you as much notice as we can. Subscription cancellation is covered in the termination section below.
4. Client responsibilities
In short: Give us accurate information and the access we need, use the services lawfully, and keep your own backups. Backups stay your responsibility.
You agree to provide accurate information, to use the services only for lawful purposes, and to give us the access and cooperation we need to do the work, including passwords, physical access, or remote access where required.
You retain ultimate responsibility for backing up your own data. We may check your backups, advise you on backup practices, and verify that backups are running as part of a plan that includes it. That help does not transfer your backup obligation to us. You are responsible for keeping current, working backups of your data.
5. Warranty disclaimer
In short: We do good work, but we cannot promise technology never breaks. Services are provided "as is" to the fullest extent Georgia law allows.
To the maximum extent permitted by the law of the State of Georgia, the services are provided "as is" and "as available", without warranties of any kind, whether express or implied. We do not warrant that the services, or any systems, software, or third-party services involved, will be uninterrupted, error-free, secure, or free from data loss.
We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent the law allows. Some warranties cannot be disclaimed under Georgia law, and nothing here limits those.
6. Limitation of liability
In short: If we are liable, our total liability is capped at what you paid us for the affected service in the prior 12 months. We are not liable for lost profits or lost data.
To the fullest extent permitted by law, our total liability to you for any claim arising out of or related to the services is limited to the amount you paid us for the affected service during the twelve (12) months before the event that gave rise to the claim.
To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, or consequential damages, including lost profits, lost revenue, lost business, or lost data, even if we were advised that such damages were possible. Some limitations may not apply where Georgia law does not permit them, and in that case our liability is limited to the smallest amount the law allows.
7. Third-party vendors
In short: When we recommend or manage another company's product, that company's own terms govern their product, and we are not responsible for their performance.
We may recommend, procure, configure, or manage third-party vendors and products on your behalf as part of our services. Those vendors and products are governed by their own terms, licenses, and warranties, which apply directly between you and the vendor.
We are not liable for the performance, availability, security, or acts or omissions of any third-party vendor or product. We will use reasonable care when we select or manage vendors, but the vendor is responsible for its own product and service.
8. Confidentiality
In short: We keep your confidential information private, and you do the same for ours. This goes both ways.
Each party may receive confidential information from the other, including business information, credentials, system details, and other non-public material. Each party agrees to keep the other's confidential information private, to use it only to deliver or receive the services, and to protect it with reasonable care.
This obligation does not apply to information that is already public, that a party already had lawfully, or that a party is required to disclose by law. This confidentiality obligation is mutual and continues after the engagement ends.
9. Independent contractor status
In short: We work with you as an independent contractor, not as your employee or partner.
We provide the services as an independent contractor. Nothing in these terms creates an employment relationship, partnership, joint venture, or agency between you and us. Neither party may bind the other or act on the other's behalf unless separately agreed in writing.
10. AI services and acceptable use
In short: You control how the AI services are used with your customers, and you are responsible for getting the consents the law requires for calls and messages.
You are responsible for the content and uses you direct our AI assistant, messaging, and receptionist services to perform. You must use these services lawfully and in line with your agreement with your own customers.
You are responsible for complying with the laws that apply to contacting your customers, including consent requirements for telephone calls, text messages, and other messaging. You must obtain and keep any consents required to call or message your customers before those messages are sent through our services.
11. Termination
In short: Monthly plans are month to month with no lock-in. Either side can end the relationship, and unpaid amounts still come due.
Subscription plans are month to month with no long-term contract, and you may cancel at any time as described for your plan. Either party may end an engagement with reasonable notice. We may suspend or end services for non-payment or for use that breaks these terms.
When the engagement ends, you remain responsible for amounts already due, and each party returns or deletes the other's confidential information on request, except where the law requires it to be kept.
12. Changes to these terms
In short: We may update these terms. The current version is the one posted here, with the date at the top.
We may update these terms from time to time. When we do, we will change the "Last updated" date at the top of this page and post the new version here. If you keep using the services after a change, that means you accept the updated terms. Where a separate written agreement applies, changes to it are handled under that agreement.
13. Severability and governing law
In short: Georgia law governs, disputes belong in Georgia courts, and if one part fails the rest still stands.
These terms are governed by the laws of the State of Georgia, USA, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or related to these terms or the services will be brought in the state or federal courts located in Georgia, and you consent to their jurisdiction and venue.
If any part of these terms is found to be unenforceable, that part will be limited or removed to the minimum extent needed, and the rest of the terms will stay in full effect.
14. Contact
In short: Questions about these terms go to us by email.
If you have questions about these terms, contact us at hello@truepointsupport.com.
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