Services are rendered only upon acceptance of these Terms of Service.
You understand and agree that prior to contacting or allowing Third Sun Consulting to perform diagnostic, repair, consulting, or other services on your systems, it is your responsibility to back up all data, software, and files. You acknowledge that Third Sun Consulting is not responsible under any circumstance for any loss or corruption of data and/or software.
(a) Limitations to Service:
Third Sun Consulting reserves the right to refrain from providing any or all requested services and instead refund payment, wholly or in part, if your technical needs or requirements are unusual, extensive, or beyond the scope of this agreement.
(b) Force Majeure:
If Third Sun Consulting’s ability to provide services is impaired by you or by circumstances beyond our control, we may choose not to provide or to discontinue services.
(c) Limitation of Liability:
To the extent permitted by law, you agree that Third Sun Consulting’s total liability for damages related to services is limited to the total amount paid for the service. You release Third Sun Consulting from liability for any indirect, incidental, special, or consequential damages, including but not limited to loss, alteration, or corruption of data or inability to use your systems.
(a) Additional Charges:
Additional charges may apply for urgent response requests or service outside of standard hours.
(b) Service Jurisdiction:
For on-site visits within 20 miles of Los Angeles, CA, a one-hour minimum charge applies. For on-site visits more than 20 miles away, a two-hour minimum charge applies. Additional travel fees may be added depending on distance.
(c) Adult Must Be Present:
For on-site services, a person at least 18 years of age must be present during the entire service period. If no adult is present, service will be denied.
(d) Software/Data Backup:
It is your responsibility to back up all data and software before service begins. Third Sun Consulting is not responsible for loss, alteration, or corruption of data. Any automated backup services provided by Third Sun Consulting are limited to the locations specified by the client. The client is responsible for data outside of that scope.
(e) Access Requirements:
Technicians must have safe access to your office and the systems being serviced, including adequate workspace, electrical power, and permission to proceed. If these conditions are not met, service will be denied.
Service Limitations:
Third Sun Consulting reserves the right to refrain from providing services and refund payment if system requirements are not met or if technical/customer conditions are unusual, extensive, or beyond the scope of this agreement.
Limitation of Remedy:
Under no circumstances shall Third Sun Consulting or its associates be liable for indirect, incidental, special, or consequential damages, lost profits, data loss, or other liabilities arising from services provided or inability to use systems after service.
Release of Liability:
All customers are required to accept these terms before services begin. By doing so, you agree to release and hold harmless Third Sun Consulting from any liability or damages, including but not limited to data loss, downtime, or lack of function in hardware, software, or networks as a result of services.
A Managed Services Agreement (MSA) defines the terms, conditions, and service levels of the working relationship. The MSA must be signed before managed support can begin.
Clients agree to pay in accordance with the terms specified in the signed agreement. Work may be paused if balances are past due. Estimates are valid for 15 days unless otherwise noted, and client-requested changes may result in additional charges.
Cloud-based offerings provided by Third Sun Consulting are licensed to the client as long as the account remains in good standing. Accounts past due for more than 60 days may result in suspension or deletion of stored data.
Fees for professional services do not include hardware, parts, or third-party vendor costs unless approved by the client in advance. Such expenses may be subject to applicable sales tax.
Work outside of the defined scope or addition of new devices/services may result in additional charges at the agreed hourly rate or asset-based pricing. Changes must be approved via a change order or contract addendum.
Third Sun Consulting will take reasonable precautions to safeguard client property, but is not responsible for vendor or supplier performance issues. If you select your own vendors, we are not responsible for quality, price, or performance of their services.
The term of any service agreement continues until completed or terminated in writing by either party.
Breach: Either party may terminate in case of breach, with refunds for work not performed.
Dissatisfaction: Clients must provide an opportunity to resolve issues. If unsatisfied after remediation, the client may terminate.
All work, software, or deliverables remain the property of Third Sun Consulting until payment is received in full.
This agreement is governed by the laws of the State of California.