Terms & Conditions

These Terms and Conditions ("Terms") govern your access to and use of the website, managed IT services, and related offerings (collectively, the "Services") provided by Modern Business Technologies ("we," "us," or "our"). By using our Services, you agree to be bound by these Terms.

1. Services

We provide managed IT, cybersecurity, VoIP, backup and disaster recovery, and related technology services to business clients. The specific scope, deliverables, response times, and fees applicable to your engagement are described in a separate service agreement, statement of work, or proposal ("Service Agreement"). In the event of a conflict between these Terms and a signed Service Agreement, the Service Agreement controls.

2. Client Responsibilities

You agree to (a) provide accurate information necessary for us to deliver the Services, (b) maintain valid licenses for any third-party software we manage on your behalf, (c) grant us reasonable access to systems and personnel needed to perform the Services, and (d) implement security recommendations we make in writing. You are responsible for the acts and omissions of your employees and contractors.

3. Fees and Payment

Fees are set forth in your Service Agreement and are due in accordance with the invoicing terms stated there. Late payments may incur interest at the lesser of 1.5% per month or the maximum rate allowed by law. We may suspend Services for accounts more than 30 days past due after written notice.

4. Confidentiality

Each party agrees to protect the other's confidential information using the same degree of care it uses to protect its own confidential information, and in no event less than a reasonable standard of care. Confidential information does not include information that is publicly known, independently developed, or required to be disclosed by law.

5. Warranties and Disclaimers

We will perform the Services in a professional and workmanlike manner consistent with industry standards. EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED "AS IS" AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted or error-free.

6. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or lost data. Our total aggregate liability arising out of or relating to the Services will not exceed the fees paid by you to us in the twelve (12) months preceding the claim.

7. Term and Termination

These Terms remain in effect while you use the Services. Either party may terminate a Service Agreement for material breach if the breach is not cured within 30 days of written notice. Upon termination, you will pay all fees accrued through the effective date of termination, and we will reasonably cooperate with transition of Services.

8. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any dispute will be brought exclusively in the state or federal courts located in Tulare County, California.

9. Privacy

We collect information you submit through our website (such as your name, email address, phone number, company, and message content on our contact form) in order to respond to inquiries, provide the Services, and communicate with you about your account. We do not sell your personal information. We may share information with trusted service providers (for example, hosting, email delivery, and analytics vendors such as Google Analytics) who process it on our behalf under confidentiality obligations, or when required by law. We retain information for as long as needed to provide the Services and meet legal, tax, and accounting obligations. To request access, correction, or deletion of your information, email Info@modernbusinesstechnologies.com.

10. Cookies and Tracking

Our website uses cookies and similar technologies to remember your preferences (including your cookie-consent choice), keep the site secure, and understand how visitors use the site. Strictly necessary cookies are required for the site to function. With your consent, we use Google Analytics to collect anonymized information about how visitors interact with the site. You provide this consent through the cookie banner shown on your first visit. You can withdraw consent at any time by clearing your browser's site data for this website, which will cause the banner to reappear.

11. Acceptable Use

You agree not to (a) use the Services to violate any law or third-party right, (b) attempt to gain unauthorized access to our systems or another customer's data, (c) interfere with or disrupt the integrity or performance of the Services, (d) transmit malware, spam, or unlawful content, or (e) reverse engineer or resell the Services without our written consent. We may suspend or terminate access for violations of this section.

12. Intellectual Property

All content on this website, including text, graphics, logos, and software, is owned by Modern Business Technologies or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except for work product expressly assigned to you in a Service Agreement, we retain all right, title, and interest in our pre-existing materials, tools, methodologies, and any improvements or derivatives thereof.

13. Third-Party Services

The Services may include or interoperate with third-party products (for example, Microsoft 365, cybersecurity platforms, or telecom carriers). Your use of those products is governed by the applicable third-party terms. We are not responsible for the availability, performance, or content of third-party services and make no warranties regarding them.

14. Indemnification

You agree to defend, indemnify, and hold harmless Modern Business Technologies and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your breach of these Terms, your misuse of the Services, or your violation of any law or third-party right.

15. Force Majeure

Neither party will be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government action, internet or utility outages, or third-party service failures.

16. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

17. Contact Us

Questions about these Terms? Email Info@modernbusinesstechnologies.com or call (559) 646-TECH.