Terms of Service

1.1 Services shall be provided at a discounted base rate of $160 per hour ("Base Rate") for work done Monday through Friday, 8:00 a.m. to 5:30 p.m., whether performed on-site, remotely, or by telephone. Non-contract rates are $200 per hour.

1.2 The Base Rate increases to $250 per hour ("Overtime Rate") for services provided before 8:00 a.m. or after 5:00 p.m. on weekdays, and on weekends and official holidays, unless otherwise stated in writing. Travel time is included at the base rate. This rate does not apply to after-hours work that has been pre-scheduled and approved by a CyferTech representative.

1.3 For same-day service requests, the Base Rate increases to $200 per hour ("Rapid Response Rate") for work done Monday through Friday, 8:00 a.m. to 5:30 p.m. Travel time is included at the base rate.

1.4 Projects will be billed on a per-project basis.

1.5 CyferTech reserves the right to periodically increase its rates and will provide Customer with no less than 30 days written notice.

1.6 Services are based on actual time spent. There is a one (1) hour minimum charge for services other than telephone calls, plus a 0.5 hour travel charge.

1.7 30 Days Notice: For managed service agreements, a 30-day notice is required if you intend to cancel.

1.8 ConnectWise Licenses: This is a 3-year contract. If you decide to cancel, you must pay out the remainder of the contract.

1.9 Microsoft Licenses: This is a 1-year contract. If you decide to cancel, you must pay out the remainder of the contract.

2.1 CyferTech will invoice Customer upon completion of any additional hours, Rapid Response, 24×7, Help Desk, or As-Needed hours. Payment is due upon receipt.

2.2 Projects require a deposit covering all hardware and software expenses before commencement, with the balance due upon completion.

2.3 Any payment not made within fifteen (15) days of the invoice date is subject to a late fee at the maximum rate allowed by law from the date of invoice until paid.

2.4 If CyferTech enlists a collection agency to collect amounts due, Customer shall be responsible for all collection costs.

2.5 Service Cancellation: Requests for cancellation must be submitted in writing to the Billing Department no less than thirty (30) days prior to the renewal date. Failure to provide timely notice will result in billing for an additional full monthly cycle. For fixed-term contracts, early termination requires a buyout of the remaining term equivalent to all fees due for the remainder of the contract period. No prorated or partial refunds shall be issued. All outstanding invoices must be paid in full before any cancellation request will be considered.

2.6 Automatic Credit Card Payments: Where available, Customer authorizes CyferTech to automatically debit any credit/debit card on file. Invoices will be emailed prior to any charges. If a card is declined, CyferTech will notify Customer and continue to resubmit until the balance is paid. If unable to charge the card on file, a new card must be provided and services paid in full before work continues.

3.1 All services rendered by CyferTech are provided on a non-refundable basis. This includes, but is not limited to, setup fees, monthly fees, upgrade fees, professional services fees, and hardware, regardless of usage. If an account is cancelled by CyferTech for violation of this Agreement, all payments become completely non-refundable. Customer agrees not to charge back any credit card payments for services rendered. In the event of a chargeback or payment dispute, Customer will be considered in violation of this Agreement and may be subject to collection action.

4.1 Customer acknowledges that the person paying for billed products and services is authorized to do so and may bind Customer to all terms and conditions herein, representing that such person is acting within the scope of their authority as an officer, director, or duly authorized agent or employee of Customer.

5.1 All notices, requests and communications shall be in writing. Notice is deemed given on the date of personal service or facsimile service, or within seventy-two (72) hours after mailing by first-class registered or certified mail, postage prepaid.

6.1 If Customer alters any services or equipment without the express written consent of CyferTech, Customer does so at their own risk and expense. CyferTech shall not be liable for problems resulting from Customer's unauthorized alterations. Corrective services will be treated as a new project under the same terms and conditions.

7.1 Customer is responsible for maintaining backups of all critical software, documents, and applications on all file servers, personal PCs, organizers, and other electronic equipment.

8.1 When CyferTech needs to purchase spare parts, equipment, supplies, or software, Customer shall reimburse all such costs. No purchases will be made without prior Customer approval.

9.1 Customer warrants that all software provided to CyferTech for installation or use has been legally obtained and properly licensed with a sufficient number of copies.

9.2 CyferTech has no knowledge regarding the licensing of software provided by Customer, and Customer indemnifies CyferTech for any installation, configuration, or use of such software. Customer is solely responsible for all software licensing and purchasing.

10.1 CyferTech's liability to Customer for direct damages shall not exceed the amount paid for the services in question. CyferTech shall not be liable for any special, indirect, incidental, consequential, or punitive damages arising from this Agreement, whether the claim alleges tortious conduct (including negligence) or any other legal theory.

11.1 CyferTech provides services as an independent contractor. This Agreement shall not be construed as a partnership or joint venture.

12.1 Customer agrees not to solicit, hire, employ, retain, or contract with any CyferTech employee without first receiving CyferTech's written consent.

12.2 If any CyferTech employee is employed by Customer (or any affiliate or subsidiary) within six (6) months of termination, Customer shall immediately pay CyferTech an amount equal to 50% of that employee's then-current annual salary or wage.

13.1 Any provision of this Agreement that is invalid, illegal, or unenforceable in any jurisdiction shall be ineffective only to the extent of such invalidity without affecting the remaining provisions.

14.1 This Agreement contains the entire agreement between the parties and supersedes any prior agreements or representations, whether oral or written. No agreement or representation not specifically contained herein shall be binding unless reduced to writing and signed by both parties.

15.1 Any controversies arising out of or relating to this Agreement shall be settled by binding arbitration in San Diego County. Judgment upon any award rendered by the arbitrator(s) may be entered and enforced in any court having jurisdiction.

15.2 California law shall govern the construction, validity, and interpretation of this Agreement and the performance of its obligations.

CyferTech provides VoIP services with the reasonable skill and care of a competent service provider. Some services may be provided using various network operators. CyferTech cannot be responsible for faults or interruptions arising on those networks, including networks operated by foreign operators (e.g., international calls or mobile roaming services).

CyferTech provides 911 services only in certain locations. CyferTech is required by federal law to suspend services to a device where 911 services cannot be provided.

The street addresses provided by Customer are the registered locations reported to the 911 system. Customer has the absolute obligation to notify CyferTech of any changes in registered locations.

VoIP 911 services are limited compared to traditional 911 services. Limitations include connection failures, bandwidth degradation, denial-of-service attacks, viruses, power outages at the registered location, and delays in updating the 911 database.

Customer will be subject to a charge of $250 per event if 911 calls are made from any device not registered with CyferTech, or after changing telephone numbers to unregistered numbers.

CyferTech will take commercially reasonable steps to secure Customer's data and will not use, disclose, or otherwise make public any data Customer provides, whether in writing or virtually, without Customer's prior written approval or the lawful order of a court.

Customer's use of CyferTech services constitutes acceptance of this Policy. Customer must use services only in a manner consistent with their intended purposes. Customer shall not engage in any activity that results in harm to CyferTech or the services.

Customer will be deemed in violation of this Policy if CyferTech determines, in its sole discretion, that any action violates any local, state, federal, or international law — including the CAN-SPAM Act, Computer Fraud and Abuse Act, Telephone Consumer Protection Act, and FTC Telemarketing Sales Rule.

Prohibited activities include, without limitation:

• Creating or transmitting obscene, threatening, defamatory, or otherwise objectionable material
• Sending spam email or SMS messages, bulk commercial advertising, or chain letters
• Violating intellectual property rights of others
• Harvesting personal information without consent
• Making prohibited calls under TCPA or FTC regulations
• Invading the privacy of any third party
• Attempting to violate the security of any system, network, or service
• Using services for automated call centers, auto-dialers, or mass-marketing without authorization

Violations: CyferTech may, in its sole discretion, suspend or terminate services at any time and without warning for any violation of this Policy. CyferTech may also bring legal action to enjoin violations and/or collect damages.

Unlimited services are intended for traditional limited business purposes including: internet browsing, non-spam email, intranet access, and live person-to-person calls.

Unlimited voice or data plans cannot be used with server devices, host computer applications, or systems that drive continuous heavy traffic. Prohibited uses include: call centers, auto-dialers, mass-marketing, polling, web camera broadcasts, continuous file transfers, automated data feeds, and machine-to-machine applications.

CyferTech reserves the right to deny or terminate services, or apply additional charges, to anyone who uses unlimited service in any prohibited manner or whose usage adversely impacts CyferTech's network or service levels.

Please report any activity in violation of this Acceptable Use Policy to: help@cyfertech.net

Where possible, include: the IP address used, the date and time of the violation, and complete evidence including all message headers.

By providing your mobile phone number to CyferTech, you consent to receive periodic SMS or MMS messages. These messages may include important updates, exclusive offers, promotions, and other communications related to our products and services.

You affirm that the mobile number provided is accurate and that you are the authorized subscriber or owner. If your contact information changes, notify us immediately at help@cyfertech.net prior to the change taking effect.

By voluntarily providing your telephone number, you explicitly consent to receive recurring automated and non-automated text messages. You acknowledge that consent is not a condition of purchase. Standard message and data rates may apply.

When you sign up for our SMS services, we may collect: Phone Number (required), Name (optional, for personalization), and Consent Records to document your opt-in.

You may opt out of receiving SMS messages at any time by:

• Texting STOP to the number from which you received the message
• Contacting us at help@cyfertech.net

Please note that even if you opt out of promotional messages, we may still send transactional or administrative messages.

We implement a variety of security measures to maintain the safety of your personal information. However, no method of transmission over the Internet or electronic storage is 100% secure.

Our SMS services are not intended for individuals under the age of 13. We do not knowingly collect personal information from children under 13.

We may update this Privacy Policy from time to time. Changes will be posted on our website. You are advised to review this Policy periodically.