Introduction

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Welcome! We developed our company on the idea that we manage the technology that a growing company uses each day.  This Terms of Service document describes the level of service that you, ‘the customer’ will receive from CCB Tech Group (CCB).

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We have tried to draft our Terms of Service to be readable for people just like us. Unfortunately, the realities of the legal world make that a very difficult task. So, should you have any questions or concerns or would simply like to better understand how we do things at CCB, please do not hesitate to contact us.

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We have divided the document into sections, but there are important details in the whole document, so you should read it.

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Purpose

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The purpose of this document is to formalize a service arrangement that allows CCB to deliver equipment and services with different levels of support.  This Terms of Service sets out our level of availability and support the customer can expect to receive for their IT system and is the legal terms of the contract between the customer and CCB. It aims to enable the two parties to work together effectively.  Hereinafter this document will be referred to as the "Agreement".  By accepting delivery of our equipment or services you agree to be bound by the terms of this Agreement.

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Terms of Service Review and Duration

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This Agreement will be in effect for as long as CCB services or equipment are provided to the customer and may be revised if there are significant changes to the customer’s IT system, hours of operation, or additional locations.

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Scope of Services

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CCB provides an efficient, cost-contained approach to IT support for small and medium businesses, and may deploy these services either through a break-fix relationship or “Secure Points” (our complete Managed Services offering which allows for layered security and device management for one economical monthly fee).

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Roles and Responsibilities

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CCB has the following general responsibilities under this agreement:

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1. CCB will conduct business in a courteous and professional manner with the Customer.

2. CCB will use its help desk to provide support, including creating tickets, quotes and assigning responsibility to the appropriate resource.

3. Once a support request has been submitted, CCB will make itself available to work with the Customer.

4. CCB will attempt to resolve problems over the phone on first call.

5. CCB will obtain the Customer’s approval before ticket closure.

6. CCB will recycle old equipment unless Customer requests equipment return within 30 days from date of invoiced replacement equipment.  This could result in loss of data on the old system unless you request us to provide you with the storage media before recycling.  You may also request for us to destroy the media and provide you with an official certificate of proof for a small fee.

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The Customer has the following general responsibilities under this agreement:

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1. The Customer will conduct business in a courteous and professional manner with CCB staff members.

2. The Customer will provide all information required to open a support request.

3. The Customer will log all information required to establish contact information, document the nature of the problem and the hardware/network environment (as applicable).

4. The Customer’s end-users will not contact support resources (engineers) directly to report a problem.  All problem calls must be logged through the appropriate help desk.

5. Customer shall request replaced/unrepaired equipment to be returned to them within 30 days of replacement/invoice date or CCB will recycle it.

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Service Availability

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Normal business hours are 8 AM – 5:30 PM, Monday - Friday.

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After Hours Support

 

• All support requests during non-business hours shall be deemed After-Hours Support.

• After-Hours Support will be provided on a scheduled basis and will be charged 1.5 times our normal hourly service fee.

• Advanced scheduling is required for specific customer needs (i.e., new server installs, etc.)

• Calls and emails received after normal business hours will be returned the following business day. The only exception to this would be those customers who have contracted CCB for an Emergency Service plan

• such as the Managed Service Plan that includes the After-Hours support.

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Service Requests

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The most effective ways to contact CCB for remote and local support are listed below. Please refrain from contacting the support engineer directly.  Phone: 229-259-0104.  Email your help request to: support@ccbtg.com

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Initial Response

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Requests for support will be fulfilled based on priorities (Emergency, High, and Scheduled) which are determined by urgency and level of impact.  Response is defined as a “good faith” effort to communicate with the customer using the contact information provided by that customer. Response may be via phone or voice mail, e-mail, or personal visit.

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Status Definitions with Initial Response Times (Issue severity)

1. Emergency - Inability to perform business functions. Example: Network is down.

2. High - Inability to perform job functions. Example: E-mail not working, No Internet, Inability to print.

3. Scheduled - There is a problem to be solved, but the customer is still functional and has other options available. Example: Desktop printer is not working, but the customer has access to other printers.

 

Anti-virus and Anti-Malware Service

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Updates: Updates are provided for the anti-virus and anti-malware service to remain current against developing threats.  You acknowledge that you must allow routine downloads and permit installation of updates in order to obtain maximum benefit from the service.

 

Terms

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Termination:  The term of this agreement (the “Term”) will commence on the date you begin using the service or receive delivery of equipment, and will continue until terminated by either party. You may terminate the agreement at any time by removing the software, and returning all equipment. CCB Tech Group may terminate this agreement at any time for any reason or no reason.

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Ownership:  CCB Tech Group reserves all rights in the service not expressly granted by this agreement. All copyrights, trademarks and other conceivable intellectual property rights in and to the service (including, but not limited to, malware signatures and other data files, images appearing in the software and screen displays as well as any and all documentation relating to the software) are owned by Datto RMM or its licensors, and are protected by United States and foreign copyright laws, international treaties and other applicable laws.

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No Warranties:  CCB TECH GROUP DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SOFTWARE, MEDIA AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF NONINFRINGEMENT. CCB TECH GROUP DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SOFTWARE WILL PROVIDE 100% PROTECTION. YOUR RELIANCE ON THE AVAILABILITY OR ACCURACY OF THE SOFTWARE SHALL BE ENTIRELY AT YOUR OWN RISK.

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Limitation of Liability:  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CCB TECH GROUP OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES INCURRED FOR LOSS OF BUSINESS PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY COMPUTER OR SOFTWARE INCLUDING THE SOFTWARE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF THE SERVICE PROVIDED HEREUNDER, EVEN IF CCB TECH GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CCB TECH GROUP'S LIABILITY RELATED TO THE SERVICE EXCEED FIVE DOLLARS (US $5.00). THE FOREGOING LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

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High Risk Disclaimer:  The Products, hardware, Content and Content Updates are not fault-tolerant and are not designed or intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, life-support machines, or any other application in which the failure of the Products, Services, or hardware could lead directly to death, personal injury, or severe physical or property
damage (collectively, "High-Risk Activities"). CCB Tech Group expressly disclaims any express or implied warranty of fitness for High-Risk Activities.

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Special Order Items

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A “Special Order” purchase is defined as a purchase for an item or items that:

1. We do not regularly stock and/or

2. For quantities of an item that are greater than what we normally stock.

 

Our standard return policy does not apply to “Special Order” purchases.  If you make a ”Special Order” purchase with us, you will be clearly notified that you are making a “Special Order” purchase and you will be asked to read and agree with the terms for making a “Special Order” purchase.

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The following terms apply to “Special Order” purchases made with CCB Tech Group.

1. Our normal return policy does not apply to any “Special Order” purchases.  “Special Order” purchases are not returnable for refund or for credit of any kind.

2. With the exception of our “Return Policy”, our normal purchase terms apply to “Special Order” items.

3. With the exception of our “Return Policy”, we will warrant and support special order items for the length of time listed by the manufacturer of the item.

4. When you receive the “Special Order” items, you must immediately and carefully inspect for correctness, completeness and for any possible shipping damage.  Any problems must be reported to us within 5 days after receipt of your shipment.  If problems are not reported to us within 5 days after receipt of your shipment, we will not be responsible for correcting any problems.

5. If you receive your “Special Order” items from us and you are re-shipping the package or packages to a second location, you must open the package or packages and make a thorough inspection. If problems are found we will only be responsible for shipping corrections to the original shipping location. We will not be responsible for correcting errors (or shipping costs) to an address other than the original shipping address.  The 5-day time limit for reporting errors applies only to the original shipping location.

6. You are strongly advised to pre-purchase a small quantity of the item or items before making a large purchase so that you may check the items for suitability.

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Privacy Policies

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This privacy policy discloses the privacy practices for CCB and our website properties. It will notify you of the following:

1. What personally identifiable information we may collect from you, how it is used and with whom it may be shared.

2. What choices are available to you regarding the use of your data.

3. The security procedures in place to protect the misuse of your information.

4. How you can correct any inaccuracies in the information.

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Information Collection, Use, and Sharing

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We are the sole owners of the information collected. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

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Your Access to and Control over Information

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You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

• See what data we have about you, if any.

• Change/correct any data we have about you.

• Have us delete any data we have about you.

• Express any concern you have about our use of your data.

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Security

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We take precautions to protect your information. When you submit sensitive information, your information is protected both online and offline.  Wherever we collect sensitive information (such as credit card data), that information is encrypted and
transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.  While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

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Updates

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Our Privacy Policy may change from time to time and all updates will be posted on our company website.  If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 229-259-0104 or via email at support@ccbtg.com.

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Limitation of Liability

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In no event will CCB be liable to you for any lost profits, lost savings or incidental, indirect, special or consequential damages, arising out of your use or inability to use the product or the breach of this agreement, even if advised of the possibility of such damages. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you.

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Disclaimer of Warranties

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Goods purchased are being sold “as is,” and the Seller disclaims all warranties of quality, whether express or implied, including the warranties of merchantability and fitness for a particular purpose. The Buyer acknowledges that it has not been induced by any statements or representations of any person with respect to the quality or condition of the Goods and that no such statements or representations have been made. The Buyer acknowledges that it has relied solely on the investigations, examinations, and
inspections as the Buyer has chosen to make and that the Seller has afforded the Buyer the opportunity for full and complete investigations, examinations, and inspections.

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Exclusions

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This Terms of Service is written in a spirit of partnership. CCB will always do everything possible to rectify any issue in a timely manner.

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This Terms of Service does not apply when:

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1. The problem has been caused by using equipment, software or service(s) in a way that is against our professional advice.

2. The customer has made unauthorized changes to the configuration or set up of affected equipment, software or services.

3. The customer has prevented CCB from performing required maintenance and updates.

4. The issue has been caused by unsupported equipment, software or other services.

5. Circumstances that could be reasonably said to be beyond CCB’s control. For instance: floods, war, or acts of God.

6. This also does not apply if the customer is in breach of its contract with CCB for any reason (i.e., late payment).

 

CCB will always aim to be helpful and accommodating at all times and will do our absolute best to assist each customer wherever possible.

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Hardware as a Service

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Hardware provided with recurring monthly Service(s) represents any equipment provided or rented to you by CCB with or without a separate charge or fee in connection with the Service(s). CCB equipment includes any software or firmware contained within the CCB equipment. In accepting the Service(s) listed on a quote or invoice, it is agreed that CCB equipment will remain the property of CCB, and you will not acquire an ownership interest in such equipment, cabling, or software by virtue of any payment made pursuant to this Agreement or by any attachment of the CCB equipment to the premises. You agree that CCB equipment will not be deemed fixtures or in any way part of the premises. You agree to use CCB equipment only for receiving and/or using the Service(s) pursuant to your Agreement.

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Return of CCB equipment: In the event that Service(s) is terminated, all CCB equipment identified herein must be returned within ten (10) days of notifying CCB of your intent to terminate.  If you upgrade or downgrade your Service(s) and the CCB equipment that you possess is no longer required to support your new Service(s), you must promptly return such CCB equipment within ten (10) days of notifying CCB of your decision to upgrade or downgrade your Service(s).  The returned CCB equipment must be in good condition and without any encumbrances, except for ordinary wear and tear resulting from proper use.  It is agreed you will pay for all CCB equipment if it is damaged, or you fail to return it within ten (10) days of notifying CCB of Service changes.  This provision shall survive the termination or expiration of this Agreement.

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Relocation of CCB equipment: The CCB equipment may only be used at the Premises that appears on the Agreement. You agree that you will not remove any CCB equipment from the Premises.  At your request we will relocate CCB equipment within the Premises at a time agreeable to you and us. YOU UNDERSTAND AND ACKNOWLEDGE THAT IF YOU ATTEMPT TO INSTALL OR USE THE CCB EQUIPMENT OR SERVICE(S) AT A LOCATION OTHER THAN THE PREMISES, THE SERVICE(S) MAY FAIL TO FUNCTION OR MAY FUNCTION IMPROPERLY AND COULD CAUSE DAMAGE TO CCB EQUIPMENT OR OTHER SYSTEMS.

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Our Collection Rights

To the extent permitted by law, we will attempt to collect any obligations you owe us under this Agreement.  Your failure to fully pay amounts that you owe us on demand will be a breach of this Agreement. You will be liable for our costs associated with collection in addition to the amount owed, including without limitation reasonable attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest. Additionally, we may require a personal guarantee from a principal of a business for funds owed under this Agreement. If we require a personal guarantee we will specifically inform you in advance.  You further acknowledge and agree that this Agreement was made and entered into in Lowndes County, Georgia and further agree that, should any legal action or arbitration be necessary related to this Agreement, it shall be held in Lowndes County, Georgia and venue and jurisdiction shall be proper in the Courts of Lowndes County, Georgia.  You agree to submit to the jurisdiction of such Courts and waive any defenses related to jurisdiction or venue.

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Change of Business

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You agree to give us at least thirty (30) days prior notification of your intent to change your current product or services types, or your business name. You agree to provide us with prompt notification if you are the subject of any voluntary or involuntary bankruptcy or insolvency petition or proceeding. You also agree to promptly notify us of any adverse change in your financial condition, any planned or anticipated liquidation or substantial change in the basic nature of your business.

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Parties

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This Agreement binds you and your respective heirs, representatives, and permitted and approved successors (including those by merger and acquisition) or any permitted assigns.

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Additional Terms of Service

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Service Changes – CCB reserves the right to change or modify the Service at any time. If CCB makes a change that would have a material impact on your business, CCB will give you at least 30 days’ notice. CCB also reserves the right to deny service to any customer.

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Invoice Inquiries - Please contact CCB immediately if there is a question or discrepancy concerning an invoice.

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For financial information, see CCB Tech Group's rate sheet.

A current rate sheet may be obtained by contacting CCB Tech Group

Email: support@ccbtg.com

Office: 229-259-0104

Fax:  229-259-0106

Location: 4069 Inner Perimeter Road, Valdosta, GA 31602

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