1. Acceptance of Terms
These Terms of Use and General Terms of Service ("Terms") govern your access to and use of www.massitpro.com, communications with Mass IT Pro Solution LLC ("Mass IT Pro," "we," "us," or "our"), and preliminary service interactions unless a separate written agreement applies.
By using our website, submitting a form, requesting service, scheduling an appointment, accepting an estimate, or using our services, you agree to these Terms. If you do not agree, do not use the website or services.
2. Relationship to Signed Agreements
These Terms are intended to govern website use and general service interactions. Paid services may require a separate estimate, Statement of Work, Master Services Agreement, managed services agreement, hosting agreement, backup agreement, web development agreement, Business Associate Agreement, Data Processing Addendum, or other written agreement.
If there is a conflict between these Terms and a signed written agreement, the signed written agreement controls for that service relationship, unless prohibited by law. These Terms do not create a managed services plan, unlimited support obligation, cybersecurity guarantee, backup guarantee, hosting guarantee, HIPAA engagement, or emergency response obligation unless separately agreed in writing.
3. Services
Mass IT Pro may provide managed IT services, help desk support, cybersecurity services, endpoint support, business network services, Microsoft 365 support, cloud support, backup and disaster recovery support, remote support, onsite support, PC and Mac repair, data recovery support, web design, web development, web hosting, website maintenance, SEO support, and related technology services.
Service availability, scope, response times, deliverables, exclusions, fees, equipment, software, licensing, subscriptions, third-party costs, and timelines must be confirmed in writing. Website descriptions are general information only and are not binding service commitments.
4. Estimates, Scheduling, and Authorization
- Estimates are based on information available at the time and may change if the issue, environment, scope, urgency, access, parts, licensing, travel, third-party requirements, or client instructions change.
- You authorize Mass IT Pro and its technicians, contractors, or service providers to access the equipment, systems, accounts, premises, software, websites, cloud environments, or networks reasonably necessary to perform the requested services.
- You represent that you have authority to request service and grant access for the devices, systems, accounts, premises, websites, data, or networks involved.
- Appointments are subject to availability, access, safety, weather, emergency conditions, technician scheduling, and client responsiveness.
- Missed appointments, late cancellations, denied access, unsafe work areas, or incomplete information may result in rescheduling or charges where disclosed in writing.
5. Client Responsibilities
You are responsible for:
- Providing accurate, complete, and timely information about your issue, environment, devices, accounts, licenses, vendors, access needs, and business requirements.
- Maintaining legal ownership or authorization for all hardware, software, accounts, websites, licenses, data, and systems involved.
- Backing up important data before service begins unless backup is specifically included in the written service scope.
- Maintaining appropriate insurance, business continuity procedures, internal policies, and employee access controls for your organization.
- Providing safe physical access to the work location, equipment, network closets, racks, cabling areas, electrical outlets, and other required areas.
- Obtaining required landlord, building, property manager, municipal, vendor, carrier, or third-party approvals where needed.
- Complying with applicable laws, regulations, vendor terms, software licenses, acceptable use policies, and security requirements.
- Promptly reviewing deliverables, notifying us of issues, and cooperating in troubleshooting, testing, approvals, and signoffs.
6. Access Credentials and Remote Support
You may need to provide temporary or delegated access to systems, accounts, websites, devices, or cloud platforms. You should not send passwords or sensitive credentials through insecure public forms. Where possible, use secure credential-sharing methods, temporary access, delegated admin rights, role-based access, or password resets after service is complete.
Remote support may allow Mass IT Pro to view or control a device, access system information, review settings, transfer files, install tools, run diagnostics, or make changes. You are responsible for closing confidential documents, personal content, or unrelated sensitive information before a remote session begins unless access is necessary for the requested service.
You authorize Mass IT Pro to install, use, configure, update, or remove reasonable support tools, security tools, monitoring tools, agents, backup tools, remote access tools, or diagnostic utilities as needed for the agreed service. Ongoing monitoring or managed services require a written agreement.
7. No Guarantee of Outcome
Technology services involve third-party systems, unknown configurations, hardware condition, software defects, vendor limitations, internet providers, cloud platforms, user actions, malware, age of equipment, cabling conditions, licensing limits, and other variables outside our control.
Unless a specific outcome is expressly promised in a signed written agreement, Mass IT Pro does not guarantee that any repair, recovery, migration, cybersecurity service, backup service, website service, SEO service, hosting service, remote support session, network service, or consulting service will achieve a specific result.
8. Data Backup, Data Loss, and Data Recovery
You are responsible for maintaining current and complete backups of your data before service begins unless backup is specifically included in a written scope. Some services, including repair, troubleshooting, malware removal, operating system changes, drive work, migration, web development, hosting, cybersecurity remediation, or vendor troubleshooting, may involve risk of data loss, service interruption, configuration changes, or compatibility issues.
Data recovery is not guaranteed. Storage devices may degrade further during diagnosis or recovery attempts. Mass IT Pro is not responsible for data loss, lost profits, business interruption, corrupted files, lost configurations, deleted content, unavailable websites, lost emails, lost backups, or unrecoverable data except to the extent liability cannot be limited by applicable law or is expressly agreed in writing.
9. Cybersecurity and Compliance Limitations
Cybersecurity services reduce risk but cannot eliminate risk. No firewall, antivirus, endpoint detection, backup system, patching tool, security assessment, monitoring service, policy, or training can guarantee prevention of malware, ransomware, phishing, account compromise, data breach, unauthorized access, insider misuse, vendor failure, social engineering, or business interruption.
Compliance support is advisory and technical unless otherwise stated in a signed agreement. Mass IT Pro is not a law firm, accounting firm, auditor, regulator, or certification body. HIPAA, PCI DSS, SOC 2, ISO 27001, NIST, CMMC, and other compliance work may require legal counsel, auditors, assessors, client policies, insurance review, executive approval, and separate written scope.
10. HIPAA and Regulated Data
Do not provide protected health information, sensitive financial information, legal client files, government-controlled data, cardholder data, or other regulated data unless the applicable written agreement permits it and required contractual protections are in place.
For HIPAA-covered clients, Mass IT Pro will not intentionally act as a business associate unless a Business Associate Agreement is signed. If a client provides regulated data without required agreements or outside the agreed scope, the client remains responsible for that disclosure and for directing Mass IT Pro on lawful handling, return, or deletion.
11. Third-Party Products, Vendors, and Services
Mass IT Pro may recommend, resell, configure, integrate, support, or help manage third-party hardware, software, cloud platforms, email platforms, cybersecurity tools, backup systems, hosting providers, internet service providers, domain registrars, payment processors, and other vendors. Third-party products and services are governed by their own terms, warranties, availability, pricing, support, security, privacy, uptime, data retention, and licensing rules.
Mass IT Pro is not responsible for third-party outages, bugs, breaches, policy changes, price changes, discontinued products, licensing restrictions, vendor support delays, vendor denials, ISP failures, DNS failures, hosting outages, email deliverability issues, app store rules, search engine ranking changes, or platform decisions outside our control.
12. Websites, Hosting, SEO, and Content
- Web design and development timelines depend on client content, approvals, revisions, third-party platforms, hosting, plugins, themes, DNS, payment processors, shipping providers, and other dependencies.
- Client is responsible for owning or having rights to all logos, images, text, videos, brand assets, fonts, trademarks, product information, testimonials, reviews, claims, regulated statements, and other materials provided to Mass IT Pro.
- Mass IT Pro may use stock assets, licensed tools, templates, plugins, or third-party services when appropriate. Client remains responsible for confirming final content accuracy and legal compliance before publication.
- SEO services do not guarantee rankings, traffic, leads, conversions, search engine indexing, map placement, reviews, or revenue.
- Hosting and website maintenance do not guarantee uninterrupted availability unless a signed service agreement expressly provides a specific uptime service level and remedy.
13. Client Content, Ownership, and License
You retain ownership of materials you provide to us, subject to any rights held by third parties. You grant Mass IT Pro a limited license to use, copy, modify, host, configure, transmit, display, and process those materials as needed to provide the requested services.
Unless otherwise agreed in writing, Mass IT Pro retains ownership of pre-existing tools, templates, code libraries, workflows, documentation, know-how, processes, reusable components, internal checklists, and proprietary methods. Client-specific final deliverables are owned or licensed according to the applicable written agreement and only after payment obligations are satisfied.
14. Acceptable Use
You may not use our website or services to engage in unlawful, abusive, harmful, fraudulent, infringing, deceptive, harassing, or malicious activity. You may not attempt to gain unauthorized access to our systems, interfere with our website, misuse support tools, reverse engineer proprietary materials, upload malware, submit false information, or request services for systems or data you are not authorized to access.
15. Payment, Invoices, and Taxes
Fees, payment terms, deposits, subscriptions, hardware costs, licensing costs, travel, cancellation terms, and taxes must be stated in an estimate, invoice, order, Statement of Work, or signed agreement. Unless otherwise stated in writing, payment is due according to the invoice terms. Late payments, chargebacks, nonpayment, or revoked authorization may result in suspension or termination of services where permitted by law and contract.
Hardware, software, licenses, subscriptions, third-party services, and domain or hosting costs may be non-refundable or subject to vendor terms once ordered, activated, registered, provisioned, shipped, or used.
16. Warranty Disclaimer
To the fullest extent permitted by law, the website and services are provided on an "as is" and "as available" basis unless a specific written warranty is provided in a signed agreement. Mass IT Pro disclaims implied warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, error-free operation, security, compatibility, data recovery, ranking, performance, or specific business outcome.
Some laws do not allow certain disclaimers or limitations. In those cases, the disclaimers and limitations apply only to the maximum extent permitted by law.
17. Limitation of Liability
To the fullest extent permitted by law, Mass IT Pro, its owners, employees, contractors, vendors, and affiliates will not be liable for indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, including lost profits, lost revenue, loss of goodwill, business interruption, loss of data, lost backups, loss of use, replacement services, or third-party claims, even if advised of the possibility of such damages.
To the fullest extent permitted by law, Mass IT Pro’s total liability for claims arising out of or related to the website, services, estimates, appointments, communications, or these Terms will not exceed the amount paid by the client to Mass IT Pro for the specific service giving rise to the claim during the three months before the event giving rise to the claim, or $500, whichever is greater, unless a signed written agreement states a different liability cap or applicable law requires otherwise.
Nothing in these Terms limits liability that cannot legally be limited, including liability for willful misconduct or other liability that applicable law does not allow to be limited.
18. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Mass IT Pro, its owners, employees, contractors, vendors, and affiliates from claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
- Your breach of these Terms or any written agreement.
- Your instructions, approvals, content, data, credentials, systems, licenses, accounts, or third-party services.
- Your failure to maintain backups, access controls, insurance, legal permissions, vendor approvals, or required compliance obligations.
- Your misuse of the website or services.
- Allegations that client-provided content, materials, data, or instructions violate law, privacy rights, intellectual property rights, contractual obligations, or third-party rights.
19. Confidentiality
Mass IT Pro will use reasonable efforts to protect confidential client information disclosed for service purposes. Confidentiality obligations do not apply to information that is publicly available, already known without restriction, independently developed, received from a third party without restriction, authorized for disclosure, or required to be disclosed by law, legal process, regulator, insurer, or court order.
Client-specific confidentiality terms may be expanded in a separate written agreement or nondisclosure agreement.
20. Non-Solicitation of Personnel
During the service relationship and for twelve months after the last service date, you may not knowingly solicit for employment or contract work any Mass IT Pro employee or contractor who directly provided services to you, unless Mass IT Pro gives written consent. This clause should be reviewed by counsel for enforceability and scope before publication or use in client contracts.
21. Dispute Resolution, Governing Law, and Venue
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law rules. Subject to any enforceable arbitration or dispute-resolution clause in a signed agreement, the state or federal courts located in Massachusetts will have exclusive jurisdiction and venue for disputes arising out of or related to these Terms, the website, or services.
Optional counsel review clause: Any claim must be brought individually and not as a class, collective, consolidated, or representative action, to the extent permitted by law. The parties waive the right to jury trial to the extent permitted by law. Do not publish this optional clause until a Massachusetts attorney confirms enforceability for your client base and use cases.
22. Force Majeure
Mass IT Pro is not responsible for delays, failures, or inability to perform caused by events outside reasonable control, including natural disasters, severe weather, fire, flood, power failure, internet outage, carrier outage, labor disruption, supply chain issue, vendor outage, cyberattack, malware outbreak, government action, civil unrest, illness, accident, equipment shortage, or other events beyond reasonable control.
23. Termination and Suspension
Mass IT Pro may suspend or terminate website access, support, or services where permitted by law and contract if you violate these Terms, fail to pay amounts due, misuse services, create security risk, refuse required access or cooperation, request unlawful activity, abuse personnel, or if continued service would create unreasonable risk or violate law, vendor terms, or professional standards.
24. Changes to Terms
We may update these Terms from time to time by posting an updated version on the website. The updated version applies going forward. For signed agreements, changes will apply only as permitted by that agreement or applicable law.
25. Contact
Mass IT Pro Solution LLC
Franklin, Massachusetts
Phone: 508-254-4704
Email: support@massitpro.com
Website: www.massitpro.com