Terms of Service

These Terms of Service govern your use of the Kierland IT LLC (“Kierland IT,” “we,” “us”) website, client portal, and the managed IT, cybersecurity, network, hosting and email services we provide. By using the site, creating a portal account, or engaging us for services, you agree to these terms. If you don’t agree, please don’t use the site or portal.

If you accept these terms for a business, you confirm you’re authorized to do so, and “you” means that business as well as you. Our services are for businesses, and you need to be at least 18 to use the portal.

Kierland IT provides managed IT support, cybersecurity, networking, and website hosting and email to businesses in Scottsdale and the greater Phoenix Valley. What we do for you, at what price and on what schedule, is set out in a service agreement, statement of work, proposal or quote agreed with you. Where that document and these terms conflict, the signed document controls. These terms fill in everything it doesn’t cover.

Work outside your agreed scope, such as new projects, cabling, hardware repairs, software development, or support for devices that aren’t enrolled in your plan, is billed separately at our agreed rates. We’ll tell you before starting work that will be billed this way, and changes to scope are agreed in writing, which includes email.

Good IT support depends on both of us. You agree to:

• Give us accurate, up-to-date information about your business, users and systems.
• Name the people at your business who can approve work, request changes and receive security notices, and tell us when that list changes. We’ll act on requests from them.
• Give us timely access to the systems, accounts, premises and people we need, and a safe place to work when we’re on site.
• Keep valid licenses for the software you use, and keep hardware and software on versions their makers still support, unless we’ve agreed otherwise.
• Not let anyone else change the systems we manage without telling us, since unannounced changes are a common cause of outages.

When we recommend something in writing, such as replacing an unsupported device, adding a backup, or turning on multi-factor authentication, the decision is yours. If you decline it, you accept the risk it was meant to address, and work to fix a problem it would have prevented is billed as out-of-scope work. Systems past their maker’s end of support get best-effort support only.

To support and protect your systems, we may install remote monitoring, remote support, security and backup software on your devices and servers, and you authorize us to do so. That software stays the property of us or its vendor, and we remove it, or give you the steps to remove it, when our service ends.

Any passwords and admin credentials you give us, or that we create for you, are stored securely, used only for your work, and shared only with the people on our team who need them. You should always keep at least one administrator login of your own for every critical system, so you’re never dependent on us for access. When our service ends, we hand over the credentials we hold for you and remove our own access.

Much of what we manage is made by other companies: Microsoft 365, Google Workspace, hardware, security tools, internet service and the like. Their own terms and warranties apply to those products. When we resell or procure them for you, we pass along any manufacturer warranty, but we don’t add our own warranty on top of it.

We aren’t responsible for outages, data loss, security failures or price changes caused by a third-party provider, though we’ll work with them on your behalf as part of your support. If a vendor raises its price for a product we bill you for, we may pass that increase on after telling you.

The response times listed for your plan are targets for our first response, meaning a technician has picked up your request and started working on it. They aren’t a promise of how long a fix will take, which depends on the problem. Response times count during the hours your plan covers, from when we receive your request.

To get the fastest help, open a ticket in the client portal, call us, or email us at the addresses below. Messages sent to an individual technician’s personal phone or email may be missed and don’t start the clock. We set each request’s priority based on its impact on your business, and a ticket may be closed if we can’t reach you after several follow-ups.

If we host your website or email, you own your domain names and your content, and we’ll help you move them elsewhere if you leave. You’re responsible for what’s published on your site and sent from your mailboxes, and for keeping your mailbox and site passwords private.

Because our servers are shared, you agree not to use our hosting or email to:

• Send spam, unsolicited bulk email, or messages that break the CAN-SPAM Act.
• Host or send phishing pages, malware, or anything designed to break into other systems.
• Publish content that is illegal, infringes someone else’s rights, or harasses others.
• Use far more storage, bandwidth or processing than your plan includes, or run crypto mining, file sharing services or similar heavy workloads.

We may suspend a site or mailbox that breaks these rules, has been compromised, or puts our servers or other clients at risk. We’ll tell you when we do, beforehand where that’s practical, and restore it once the problem is fixed. Email delivery also depends on the receiving provider: we can’t control whether another company’s spam filter accepts a message.

Unless your service agreement includes managed backups, you’re responsible for backing up your own data. Where it does, it sets out what we back up and how often. We don’t promise a specific restore time or how much recent data a restore can recover unless your agreement says so, and restores outside your plan are billed as out-of-scope work.

Backups we take of hosted websites are a convenience for restoring a site quickly. They’re kept for a limited time on the same server as the site, so they don’t replace a copy of your own stored somewhere else. Within the limits in “Limitation of liability” below, we aren’t liable for lost or corrupted data.

We use reasonable, industry-standard measures to protect the systems we manage and the information we hold. No system can be made immune to attack, so we can’t guarantee that every threat will be detected or stopped, or that a breach will never happen.

Tell us right away if you suspect a security incident, such as a strange login, a ransom note, or a payment request you didn’t expect. If we learn of an incident affecting systems we manage for you, we’ll tell your named contacts promptly. Incident response and recovery work beyond what your plan includes is billed as out-of-scope work.

The client portal lets you view tickets and invoices, manage hosting you’ve purchased through us, and update your own account details. You’re responsible for keeping your password confidential and for anything done through your account. Tell us right away if you think your account has been accessed without your permission.

Invoices are billed per the pricing and terms agreed with you at signup, whether a flat rate, hourly, or a recurring month-to-month charge. Payment is due by the date shown on each invoice. A recurring invoice’s billing cycle is anchored to when it’s issued, not to when it’s paid, so a late payment doesn’t extend the service period it covers. We’ll email (and, if you’ve opted in, text) an invoice when it’s ready and a reminder if it becomes overdue.

Prices don’t include sales tax. Where Arizona transaction privilege tax applies, such as on hosting or products we resell, we add it at the rate that applies in Scottsdale, shown as its own line on the invoice.

Online payments are processed by Stripe. When you pay an invoice in the client portal, your card is saved with Stripe, and future recurring invoices are charged to it automatically on their billing date. If a charge fails, we’ll email the invoice so you can pay it by hand. You can ask us to remove a saved card at any time.

An invoice still unpaid 14 days after its due date gets a one-time late fee of 10% of the unpaid balance. If an invoice is more than 30 days overdue, we may pause your services, including support, hosting and email, after giving you written notice. We’ll restore them once your account is paid up.

If you think an invoice is wrong, tell us in writing within 30 days of receiving it and we’ll work it out with you. Please come to us before disputing a charge with your bank: if you file a chargeback on a valid charge, you’re responsible for the fees and costs it causes us.

Either of us can cancel a month-to-month service at any time. Payment for the current month is kept, and the service continues through the end of that paid month, then stops.

Refunds are handled case by case. For flat-rate work, we decide each request individually based on the work already done. If we agree to refund a month-to-month service, the refund is prorated for the unused part of the month, and all services stop immediately once the refund is issued.

When our service ends, for any reason, we’ll hand over the credentials we hold for you, a copy of your hosted website files and mailboxes if you ask for them before service ends, and the documentation we keep about your systems. We then remove our tools and access. Help moving to a new provider beyond that handover is billed at our normal rates. Once service has ended, we delete your remaining hosted data, including site backups, within 30 days, except records we’re required to keep, like invoices.

Supporting your business means seeing a lot of it: files, email, finances and customer information. We keep everything we learn about your business confidential, use it only to provide our services, and share it only with people on our team or providers who need it for your work and are bound to protect it. In turn, you’ll keep our non-public pricing, methods and documentation confidential.

Neither of us has to keep confidential anything that’s already public, that we received legitimately from someone else, or that the law requires us to disclose, though we’ll tell you first where we’re allowed to. This duty continues after our service ends.

Our technicians and contractors are central to the service we provide. While we work together and for 12 months afterward, you agree not to hire or engage, directly or through someone else, any employee or contractor of ours who worked on your account, without our written agreement. This doesn’t apply to someone who answers a general job posting on their own.

If you provide a phone number and check the consent box in the client portal or when setting up your account, Kierland IT may text you about your account and your invoices: for example, a link to finish setting up a new account, a notice that an invoice is ready, or a reminder that one is overdue.

Message frequency varies based on your account activity. Message and data rates may apply, per your mobile carrier’s plan. Reply STOP at any time to opt out of text messages, or HELP for help. You can also reach us directly at (480) 360-4362 or contact@kierlandit.com.

Consent to receive text messages is never required as a condition of purchasing any service from us. Carriers aren’t liable for delayed or undelivered messages. Your mobile number and your text messaging opt-in and consent are never sold or shared with third parties or affiliates for their marketing purposes. See our Privacy Policy for more on how we handle your information. You can opt back in at any time by re-adding your phone number and checking the consent box again in the client portal.

Don’t use the site or portal to violate any law, attempt to access another client’s account or data, probe or test our systems’ security without our written permission, interfere with the service’s normal operation, scrape it with automated tools, or misuse the ticket, invoice, or hosting features for anything other than their intended purpose.

We perform our services with reasonable care and skill. Beyond that, and beyond anything your service agreement states, the site, portal and services are provided “as is.” We don’t promise uninterrupted uptime, that every problem can be fixed, or that your systems will be free of errors or attacks, and we disclaim implied warranties such as merchantability and fitness for a particular purpose, to the extent the law allows.

To the fullest extent permitted by law, Kierland IT isn’t liable for indirect, incidental, special or consequential damages, including lost profits, lost revenue, lost data or business interruption, arising from the site, the portal or our services, even if we were told they were possible. Our total liability for any claim related to the site, the portal or our services is limited to the fees you paid us in the 12 months before the claim.

Nothing here limits any liability that can’t legally be limited, or overrides a separately signed service agreement’s own terms.

You agree to defend and indemnify Kierland IT against third-party claims, and the costs that come with them, arising from your data or content, the software and licenses you provide, changes made to your systems by anyone other than us, your use of our hosting or email in breach of these terms, or your breach of these terms or the law.

Neither of us is responsible for a delay or failure caused by something outside our reasonable control, such as a natural disaster, a widespread internet, power or cloud provider outage, a government order, or a large-scale cyberattack on a third party. This doesn’t excuse paying for services already provided.

We work for you as an independent contractor, not as your employee, partner or agent. You can’t transfer these terms to someone else without our agreement; we may transfer them to a successor business, or to our affiliate Replug Media for services it provides. If any part of these terms can’t be enforced, the rest still applies. Not enforcing a term right away doesn’t waive it. These terms, together with your service agreement and our Privacy Policy, are the whole agreement between us about their subject. Sections that by their nature should outlast the end of our service, such as payment, confidentiality, liability and disputes, do.

We’ll send notices about your account, invoices and these terms to the email address on your account, and they count as received when sent. Send notices to us at contact@kierlandit.com. Please keep your contact details current in the client portal.

We may update these terms from time to time; the “last updated” date above reflects the most recent change. If a change materially affects current clients, we’ll email you at least 30 days before it takes effect. If you don’t agree to it, you can cancel under “Cancellation, refunds and offboarding” before then. Continuing to use the site, portal or services after a change takes effect means you accept the revised terms.

These terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules.

If a dispute comes up, we’ll first try to resolve it informally. If that doesn’t work, both of us agree to try mediation in Maricopa County, Arizona before going to court. If mediation doesn’t resolve it, the state or federal courts in Maricopa County have exclusive jurisdiction.

Questions about these terms? contact@kierlandit.com or (480) 360-4362. Kierland IT LLC, Scottsdale, Arizona.

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