Terms & Conditions
UPDATED: January 15, 2020
- Payment Terms
1.1. Executech extends Net 30 terms to clients. Invoices are past due if not paid in full within thirty (30) days from the invoice date. Past due invoices are charged .05% interest daily, from the invoice due date.
1.2 Any disputes to invoices must be made within 45 days of the invoice date.
1.3. Clients with open balances more than ninety (90) days from the invoice date will be evaluated for suspension of any and all services.
1.4. Clients with open balances more than 120 days from the invoice date will be evaluated for the open balance to be submitted to a collection agency.
1.5. Executech will notify clients if their account balance has been identified to be sent to a collection agency. If payment arrangements have not been made or then open balance has not been paid within two (2) weeks from the date of the letter Executech will submit the open balance to its contracted collection agency to seek remittance of payment.
1.6. Any client that has had a previous balance sent to collections for non-payment will be moved to a “Pre-payment Plan” for services to be provided in the future. Under this plan, clients will be required to pre-pay for any labor, services, or hardware purchases.
1.7. Executech may, from time to time, adjust its pricing for Services and Products. The rates agreed upon in the finalized sales quote shall be held firm for the first one (1) year of service. Afterwards, Executech reserves the right to periodically adjust rates. Executech will provide at least 30 days of advance notice to a client of any changes to services and/or fees. Annual rate increases on standard rates for the current year will not exceed 5%.
- Unused Underage Hours
2.1. Any unused Maintenance Hours will be carried forward for up to 120 days. Unused hours will be evaluated at the end of each month for the trailing 120 day period. If hours have not been used after the 120 day time period has lapsed then Executech will consider services rendered and the hours will be forfeited.
2.2. Hours worked will always be against any available “Rollover” hours first.
2.3. Unused hours may only be used for service. No financial credit or refunds are allowed for unused hours. Upon termination of a monthly agreement relationship with Executech, unused hours expire after 30 days.
- Cancellation Policy
3.1. Written, 30 days’ notice is required for cancellation of any products or services.
3.2. Maintenance agreements will be invoiced for the entire month after cancellation. Products will be billed through the end of the product term date and/or when product migration is complete. Because many products are billed a month or two after a given product term, clients who terminate products should expect to receive the final bills for these products a month or two after cancellation and/or migration occurs.
- Service Agreement
4.1. The content, organization, graphics, design, compilation and other matters related to www.executech.com are protected under applicable copyrights, trademarks and other proprietary rights. The copying, redistribution, use or publication by You of any such matters or any part of the Site, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site.
4.2. The viewing, printing or downloading of any content, graphic, form or document from the Site grants You only a limited, nonexclusive license for use solely by You for Your own personal use and not for republication, distribution, assignment, sublicense, sale, or preparation of derivative works.
4.3. Executech provides access to information, through this Site, via the Internet, to other sites of all kinds relating to a wide variety of subjects on virtually any topic imaginable. Some of this material may be offensive, misleading, or controversial in nature. Please use good judgment when accessing the Internet, and supervise minors.
4.4. Executech is continually updating and improving its Service, as well as upgrading equipment to meet evolving technological standards used by the industry. These changes may occasionally cause degraded or interrupted services.
4.5. Executech onsite services are billed hourly with a minimum of one (1) hour. Anything beyond the first hour is billed in fifteen (15) minute increments. Any phone or remote support is billed in 15-minute increments.
4.6. Executech charges for traveling time to and from clients. Travel time that exceeds 30 minutes in either direction (to/from) a client will be billed accordingly. Any travel time that is less than 30 minutes travel distance is not charged.
4.7. Executech performs internal quality assurance audits to ensure standardized and quality service. Clients will be billed for the time used during this quality assurance audits at their regular billing rate.
- LIMITATION OF LIABILITY
5.1. If You are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, Your sole and exclusive remedy against Executech or the Executech Affiliated Parties is to discontinue using the Service.
5.2. All information you receive from or through the Service is provided “as-is,” as “available,” and all warranties, express or implied, are disclaimed (including but not limited to any implied warranties of merchantability and fitness for a particular purpose, course of dealing or usage of trade). The Service may contain bugs, errors, problems or other limitations. Executech and Executech Affiliated parties have no liability whatsoever for your use of the Service, inability to use the Service or your reliance on or use of information from the Service or through the Service that results from mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation or any failure of performance. In particular, but not as a limitation, Executech and Executech Affiliated parties are not liable for any indirect, special, incidental or consequential damages, including damages for loss of business, loss of profits, litigation or the like, whether based on breach of contract, breach of warranty, tort, (including negligence) product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between Executech and You. The Service would not be provided without such limitations.
5.3. You acknowledge that access to and use of the Service may expose your data, computer system and network to viruses, adware, snoopware, spyware, malware, hijackware, key loggers, trojan horses, worms and other malicious code that may threaten the security and operation of your system and network (collectively, “malicious code”). All responsibility or liability for any damages, loss of data, or invasion of your privacy caused by malicious code contained within any electronic file you access through or obtain from the Service is disclaimed.
5.4. Executech provides access to third-party merchant sites (“Merchants”) from which You may purchase certain goods or services. You understand that Executech does not operate or control the products or services offered by Merchants and that Executech is not a party to the transaction entered into between You and Merchants. You agree that use of such Merchants is at your sole risk and is without warranties of any kind by Us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances will Executech or Executech Affiliated parties be liable for any damages arising from the transactions between You and Merchants or for any information appearing on Merchant’s sites or any third party site linked to a Executech site.
5.5. You agree to defend, indemnify, and hold Executech and Executech Affiliated Parties harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or arising from your use of the Service or the Internet.
5.6. Executech does not warrant that (a) the Services will detect every vulnerability or threat on your system; (b) Executech’s security assessments, suggested solutions, virus protection, spam-filtering, firewall and firewall-monitoring services, or advice will be error-free or complete; (c) access to the Services or Executech property will be uninterrupted or error-free; or (d) any results, report, judgment, assessments, opinions, or conclusions provided by or in connection with the Services or Executech property will be comprehensive or error free. You agree that Executech will not be responsible or liable for the accuracy or usefulness of any information provided by Executech, or for any use of such information. You acknowledge and agree that the effectiveness and results of such information, Services, and Executech property depend in significant part on the security products used in connection therewith and that the features, effectiveness, and performance of the security products are the sole and exclusive responsibility of the software manufacturer and not Executech.
5.7. You further acknowledge and agree that (a) the Services are designed to reduce the risk of cyber-security threats, risks, attacks, intrusions, data breaches, and other cybersecurity incidents (collectively “Cybersecurity Incidents”) but are not a guarantee against Cybersecurity Incidents and do not transfer to any third parties (including without limitation Executech) the risk that You or Your licensors, suppliers, or service providers may experience Cybersecurity Incidents; (b) You are expected to obtain and maintain insurance against Cybersecurity Incidents adequate to Your needs and risks, as determined by Executech, You, and Your insurer; and (c) if You fail to obtain and maintain such insurance, You will have sole and complete responsibility for any and all Cybersecurity Incidents and any and all associated claims, liabilities, damages, losses, costs, and expenses of every kind.
6.1. Nothing in this Site constitutes investment advice or recommendations, including links to SEC filings, other investor relations materials or other information. We provide investor relations materials for Your convenience and information only. The, investor relations materials and other content on the Site are not offers to sell or solicitations of an offer to buy or sell any security.
6.2. If a third party links to our Site, it is not an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us or that we have authorized or that we are even aware or have knowledge that a third party has linked to our Site. Any links to this Site or contents of this Site are prohibited, except as follows: a web site that links to our Site (i) must comply with all applicable law, (ii) must not replicate our content; (iii) must not create a browser, border environment or frame our content; (iv) must not imply that we are endorsing it or any products, services, views or anything or any nature whatsoever; (v) must not misrepresent its relationship with us; (vi) must not present false or misleading information about our products or services; and (vi) must not contain content that could be construed as distasteful, offensive or controversial and must contain only content that is appropriate for all age groups as determined by us in our sole discretion. We reserve the right to require the removal of any links to our Site for any reason in our sole discretion.
7.1. You will immediately notify Executech of any failure in any software of other products provided to You by Executech and provide Executech with reasonable detail of the nature and circumstances of such failure.
7.2. You will set up, maintain, and operate in good repair all environmental conditions and components, including all networks, systems, and hardware, in or through which You access or use any of the Services.
7.3. In connection with the performance of the Services, You shall provide Executech personnel with all such cooperation and assistance as they may reasonably request, or otherwise may reasonably be required, to enable Executech to perform its obligations (including the provision of the Services), and exercise its rights, under and in accordance with the terms and conditions of this Agreement, including:
(a) reasonable, uninterrupted access, both physical and virtual, to Your premises, systems, networks and facilities;
(b) a safe working environment;
(c) reasonable access to Your appropriate personnel, including network, systems, operations and applications personnel; and
(d) all necessary authorizations and consents, whether from third parties or otherwise, in connection with any of the foregoing.
7.4. You agrees to back up all data, files and information prior to the performance of any Services and hereby assumes sole responsibility for any lost or altered data, files or information.
8.2. Executech’s failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
8.3. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, United States of America, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and state courts having jurisdiction for Salt Lake City, Utah with respect to all disputes arising out of this Agreement, Your use of the Service or otherwise between You and Executech.
8.4. Any cause of action You may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
8.5. Neither this Agreement, nor any of Your rights or obligations arising hereunder, shall be transferable or assignable by You to any third party without Executech’s prior written consent. Executech shall have the right to assign all or part of its rights and obligations under this Agreement.
8.6. No amendment or modification to this Agreement by You shall be valid or binding on Executech unless made in writing and signed by an authorized representative of Executech.