Altitude Integrations Terms of Service
If the Client has signed an official hardware, software and/or services quote and the Terms are listed as part of that quote then it is equivalent to signing here. Additionally, if an invoice has been paid where the statement “By paying this invoice you agree to our Terms of Service which can be found at www.altitudeintegrations.com/terms” is stated on the invoice then payment of that invoice is acknowledging agreement to the Terms of Service stated here.
All Services offered by Ramberg Group, LLC (dba Altitude Integrations) are provided to you subject to the following terms of service and conditions.
BACKUP YOUR DATA! IT IS YOUR RESPONSIBILITY
Altitude Integrations is not responsible for the loss of any data, software or files from your computer or network. You (referred to herein as “you” or “Client”) understand and agree that prior to requesting and/or allowing Altitude Integrations to diagnose, repair or perform any other services on your computer(s), disc(s), drive(s), peripheral(s), and/or network(s), etc. (collectively referred to herein as your “System”), it is Your sole responsibility to backup ALL data, software, information and all other files stored on your System. Altitude Integrations can provide a backup solution from a 3rd party. You acknowledge and agree that Altitude Integrations shall not be responsible under any circumstances for any loss, alteration, or corruption of any part of your System, including but not limited to Your data, software, and/or other files. Altitude Integrations will follow data backup best practices and will follow vendor instructions on backing up data. You understand that if Altitude Integrations does not know about the data and/or we do not recommend the solution You have in place to backup the data that we cannot manage it’s protection and/or integrity.
(a) “AI and its Affiliates” as used herein means Ramberg Group, LLC – dba Altitude Integrations (“AI”), and/or its respective affiliates, suppliers, owners, directors, managers, officers, employees, representatives, agents, contractors, and the like (including but not limited to any entity or individual involved in any way in the creation, production or distribution of any Services). ) (b) “Services” as used herein means all services offered now or in the future by Altitude Integrations and its Affiliates, including but not limited to, system diagnosis, software and/or hardware installation, repair, and/or maintenance, computer backup, system optimization, virus cleaning, and similar services, including Business Services as those terms are defined herein. (c) “Business Services” as used herein means all Services offered now or in the future by AI arising out of and/or related to any client’s business and/or commercial venture, including but not limited to consulting, on-site support, remote support and projects, and the like.
SERVICES, SOFTWARE, AND ACCESS
(a) General Services. Except as otherwise provided herein, Altitude Integrations will perform all Services that you request and that Altitude Integrations believes to be necessary to upgrade or repair your Systems. Altitude Integrations will attempt to diagnose your System problem, propose a solution, and implement that solution. In certain cases, however, problem diagnosis and support may not be available due to problems with your System or its configuration that are beyond our control or ability. In the event the problems with your System are hardware based, Altitude Integrations will discuss the issue with you and you will determine how to repair the hardware. Diagnostic fees will still be applicable. Please note that Altitude Integrations does not perform warranty service or repairs on any hardware that is under the manufacturer’s warranty. Deposits paid for Services are non-refundable, unless otherwise stated in writing by Altitude Integrations. You understand and agree that proposals are only an estimate and the quoted price may increase in the event of changes in the scope of Services or unforeseen technical issues. (b) Software. In some cases the solution to your System’s problems may necessitate or be improved by additional software. If so, Altitude Integrations may suggest that you purchase additional software downloads. In such event, Altitude Integrations may either download and bill you directly for the software or may transfer you to a third party who will provide you with information about the software and who will collect your payment information. You acknowledge and agree that Altitude Integrations does not warrant or make any representations about any services or software provided by any third party. (c) Access. In order to provide Services and prior to providing any Services, Altitude Integrations must have (i) access to your residence or business and the Systems to be serviced, (ii) your consent and cooperation to enter your residence or business, (iii) a safe working environment and work space, (iv) electrical power, (v) all System passwords (including all operating system, network and all other passwords); (vi) all operating system and software discs and key codes; and (vii) any other items or conditions reasonably necessary for Altitude Integrations to provide the Services. Please note that Altitude Integrations frequently enables remote access for client systems.
SERVICE HOURS, AFTER HOUR SERVICE RATES, and TERRITORY
(a) Hours. Our normal business hours are from Monday to Friday from 9:00 A.M. to 5:00 P.M. (b) After Hour Service Rates. All emergency, rush, and after hour work for rapid response or service outside of our normal business hours will be billed at a multiplier of our standard rates. Travel rates of $1 per mile will apply with the starting point being our main office, headquartered at 263 2nd Ave, STE 102, Niwot, CO 80544.
EMPLOYEE FINDERS FEE
If the Client or partner decides to hire an employee of Altitude Integrations as their own employee, contractor or pro bono the client or partner will be required to pay AI a “finders fee” equivalent to the employee’s current annual salary. The Client or partner will be required to pay the fee within 30 days of the employee starting employment with the Client or partner. Non-payment after 30 days will incur late charges equivalent to 10% monthly.
ORDERING AND PAYMENT OF SERVICES; COLLECTIONS
Services may be ordered by anyone over the age of 18 by calling 303.351.1787 and scheduling an appointment. Altitude Integrations reserves the right to accept or decline any order and to refrain from providing any Services in its sole discretion for any reason, including that your technical needs or other requirements are beyond the scope of the Services Altitude Integrations offers. All invoices are due upon receipt unless otherwise agreed in writing by Altitude Integrations. Payment for any hardware or software ordered at your request is due in advance. Altitude Integrations accepts, cash, checks, PayPal, and credit cards. There will be a $50.00 fee in the event any check is not honored. Altitude Integrations reserves the right to suspend Services to and to retain any Client equipment in Altitude Integrations’s possession in the event that you have an outstanding overdue balance. Altitude Integrations charges a late fee of 10% per month, compounded, on all accounts with outstanding balances that are 30 days or more past due. If any bill is over three months past due, Altitude Integrations reserves the right to send the account to collections and/or take any other legal action, and, in such event, you agree to pay all costs of collection, including reasonable attorney fees. Altitude Integrations’s prices and these Terms of Service are subject to change without notice.
CHANGES, PRECONDITIONS, AND CANCELLATIONS
To change or cancel any appointment, you must contact Altitude Integrations at 303.351.1787 at least 24 hours prior to the scheduled Service. If appointments are not canceled or changed at least 24 hours in advance a cancellation fee may be charged. For on-site Services, a person at least 18 years of age must be present during the entire time period Services are provided. If no adult is present when Altitude Integrations arrives, Services will not be provided and a cancellation fee may be charged. If Altitude Integrations determines that any preconditions (e.g., see section 2(c)) have not been met by the Client and/or if Altitude Integrations’s ability to render Services is impaired by you and/or circumstances beyond the control of Altitude Integrations, Altitude Integrations may choose not to provide or to discontinue such Services and a cancellation charge will be assessed. Altitude Integrations shall not be liable for any failure or delay in performance due to any cause beyond its control. Nothing herein is intended to, nor shall, excuse Client from payment in full for all Services performed by Altitude Integrations.
Cancellation of any services (monthly labor, licenses, recurring services…etc) require a 90 Day Cancellation Notice in writing. A client can pay the 90 days of services in a lump sum and terminate services immediately or they can choose to continue paying monthly for the remaining 90 days. In addition, if there are any services that require an annual or multi-annual license fee, there will be no reimbursement for the remainder of the term. Offboarding will be billed at the customer’s standard rate.
LIMITATIONS OF LIABILITY
Except as explicitly provided herein, Altitude Integrations makes no representations and warranties, either expressed or implied, regarding its work, including without limitation, warranties as to merchant ability, quality, or fitness for a particular purpose.
No warranty is provided on any applications, goods, links, and/or services provided by any third parties, including but not limited to any applications, goods, links, and/or services provided on or by Google apps, domain registrars, email hosts or any similar or related products or services. Altitude Integrations is not responsible for any damage to your system or content from any faulty application, file corruption, for any security risk related to hacking, or any applications, goods, links, and/or services provided by any third parties.
Under no circumstances (including our negligence) and in no event, shall Altitude Integrations and/or its affiliates be liable for any consequential, direct, incidental, indirect, punitive, special or other similar damages or any other damages, whether in an action of contract, negligence or other tortuous action, arising out of, in connection with, or resulting from the provision of any services, including but not limited to any: (1) loss of any profits, (2) use of or inability to use Altitude Integrations’s services, (3) mistakes, omissions, interruptions, deletions or other loss of files or data, (4) errors, defects, delays in operation and/or in performance of your hardware or software, (5) use or performance of materials available from your network, Altitude Integrations’s website or any linked website, and/or (6) any applications, goods, links, and/or services provided by any third parties, even if the possibility of such damages could have been foreseen by Altitude Integrations. To the extent permitted by law, you agree that Altitude Integrations’s total liability for damages related to its services is limited to the total amount you pay for the services rendered by Altitude Integrations. Altitude Integrations is not liable for loss, alteration, or corruption of any software, data or files or for your inability to use your system, computer equipment, content, or other product serviced by Altitude Integrations. Altitude Integrations is not liable for any loss or damage arising out of or related to force majeure or acts of nature, communication or internet connection failure, theft, destruction or unauthorized access to Altitude Integrations’ or your hardware, software, records programs or services.
You agree that you are solely responsible for complying with all laws, taxes, and tariffs, and will hold harmless, protect, and defend Altitude Integrations and its Affiliates from any claim, suit, penalty, tax, or tariff arising from or related to your use of the Internet or any electronic commerce. In addition, as partial consideration for Altitude Integrations providing Services, you agree to hold Altitude Integrations and its Affiliates harmless from any and all damages, costs, and expenses (including attorney fees) incurred as a result of any defect or damage to your System and to any software or data residing or recorded in your System, whether incurred during the course of Altitude Integrations’s Services or otherwise. If any Service involves transferring information or installing software, you represent that you have the legal right to copy the information, to use the software and agree to the terms of the software license, you authorize Altitude Integrations to transfer the information and accept such terms on your behalf in performing such Service, and you indemnify and hold Altitude Integrations harmless from any damages or liability that it incurs related to such software.
TITLE; EQUIPMENT ABANDONMENT
All goods provided by Altitude Integrations shall remain the property of Altitude Integrations until paid for in full. It is your responsibility to pick up any hardware or other equipment from Altitude Integrations within 90 days of notice from Altitude Integrations. Any equipment left longer than 90 days will become the property of Altitude Integrations and may be disposed of at our sole discretion.
Altitude Integrations adheres to industry standard practices for keeping our clients’ data secure. Employees of Altitude Integrations sign confidentiality agreements to ensure they maintain privacy while dealing with client data.
LAW, JURISDICTION & VENUE
These Terms of Service shall be governed by and enforced in accordance with, the domestic laws of the State of Colorado without giving effect to any choice of law provision that would cause the application of the laws of any jurisdiction other than the State of Colorado, irrespective of the fact that any one of the parties now is or may become a resident of a different state or nation. All disputes arising out or in connection with the services rendered by Altitude Integrations, if not settled amicably between the parties within thirty (30) days of notification of such dispute shall be mediated. If mediation is unsuccessful the parties may begin litigation. Each of the parties submits to the jurisdiction of any state or federal court sitting in Boulder or Denver, Colorado, in any action or proceeding arising out of or relating to the Services provided by Altitude Integrations and agrees that all claims in respect of the action or proceeding may be heard and determined in any such court. Each of the parties hereby waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety, or other security that might be required of any other party with respect thereto.