Terms of Service

I. Introduction
Purpose of the TOS: These TOS govern the use of Optiva IT's services and any associated software, documentation, and support services (collectively, the “Services”).

Agreement to TOS: By using Optiva IT's Services, you are agreeing to be bound by these TOS. If you do not agree to these TOS, you should not use Optiva IT's Services.

II. Services Provided
Description of Services: Optiva IT provides a variety of services, including but not limited to, IT support, network management, software development, and data backup and recovery. The specific services provided to each client will be outlined in a separate agreement.

Limitations of Services: Optiva IT will make every effort to provide reliable and efficient services. However, Optiva IT cannot guarantee that the Services will be uninterrupted or error-free. Optiva IT will not be liable for any damages caused by interruptions or errors in the Services.

III. Payment and Fees
Payment Terms: Optiva IT requires payment in advance for all Services. Payment can be made by credit card, check, or wire transfer.

Fees: Optiva IT charges a monthly fee for its Services. The specific fee for each client will be outlined in a separate agreement.

Refund Policy: Optiva IT does not offer refunds for its Services.

IV. Data Security and Confidentiality
Data Security: Optiva IT takes the security of client data very seriously. Optiva IT uses industry-standard security measures to protect client data, including firewalls, encryption, and secure servers.

Confidentiality Agreement: Optiva IT will not disclose any client data to third parties without the client’s express permission.

V. Service Level Agreement (SLA)
Service Level Guarantees: Optiva IT guarantees a certain level of service for its clients. The specific service level guarantees for each client will be outlined in a separate agreement.

Reporting and Resolving Service Issues: If a client experiences an issue with Optiva IT's Services, the client should contact Optiva IT’s support team. Optiva IT will make every effort to resolve the issue in a timely manner.

VI. Intellectual Property
Ownership of Intellectual Property: Any intellectual property related to Optiva IT's Services remains the property of Optiva IT.

Restrictions on Use of Intellectual Property: Clients may not use any intellectual property related to Optiva IT's Services for any purpose other than the specific purpose for which it was provided.

VII. Termination and Cancellation
Conditions for Termination or Cancellation: Optiva IT may terminate or cancel a client’s Services at any time if the client breaches any of these TOS.

Procedures for Termination or Cancellation: If Optiva IT terminates or cancels a client’s Services, the client will be notified in writing.

VIII. Liability and Indemnification
Limitations of Liability: Optiva IT will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of Optiva IT's Services.

Indemnification: You agree to indemnify, defend, and hold Optiva IT, its officers, directors, employees, agents, licensors, and suppliers harmless from and against any claims, actions, or demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from or alleged to result from your violation of these TOS.

IX. Dispute Resolution
Agreement to Resolve Disputes Through Arbitration or Mediation: Any disputes arising out of or in connection with these TOS shall be resolved through arbitration or mediation, as mutually agreed by both parties.

X. Governing Law and Jurisdiction
Governing Law: These TOS shall be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law.

Jurisdiction: Any disputes arising out of or in connection with these TOS shall be subject to the exclusive jurisdiction of the courts located in the United States.

XI. Miscellaneous
Entire Agreement: These TOS constitute the entire agreement between you and Optiva IT with respect to the use of Optiva IT's Services.

Severability: If any provision of these TOS is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

No Waiver: Optiva IT's failure to enforce any right or provision in these TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Optiva IT in writing.

Force Majeure: Optiva IT shall not be liable for any delay or failure in performance of its obligations under these TOS if such delay or failure is caused by a force majeure event, such as a natural disaster, war, terrorism, strike, lockout, or governmental act.

Contact Information: If you have any questions or concerns about these TOS, please contact Optiva IT’s support team at info@optivait.com.

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