Agreement to Terms
By accessing or using the services provided by 37SOLUTIONS ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.
These Terms apply to all visitors, clients, and others who access or use our services, including website care plans, managed hosting, email hosting, IT services, and any related offerings.
Services
37SOLUTIONS provides managed website care, hosting support, email hosting, IT services, and related professional services as described in individual service agreements or statements of work. The specific scope of services provided to each client is governed by the applicable service agreement, which supplements these Terms.
We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice to affected clients. We will not be liable to you or any third party for any modification, suspension, or discontinuation of services.
Client Responsibilities
As a client of 37SOLUTIONS, you are responsible for:
- Providing accurate and complete information necessary for us to perform services
- Maintaining the security of any credentials, access tokens, or passwords we provide or you create
- Ensuring your use of our services complies with all applicable laws and regulations
- Promptly notifying us of any security incidents, unauthorized access, or suspected breaches related to your account
- Maintaining appropriate backups of your data, independent of any backups we perform on your behalf
- Reviewing and approving changes before they are applied to production environments, when staging review is offered
Payment Terms
Service fees are due as specified in your service agreement. Unless otherwise agreed:
- Monthly services are billed in advance at the start of each billing cycle
- Invoices are due within 15 days of the invoice date
- Overdue accounts may be subject to a late fee of 1.5% per month on the outstanding balance
- Services may be suspended for accounts more than 30 days past due
- Returned or disputed payments may incur a processing fee
We reserve the right to adjust pricing with 30 days written notice. Continued use of services after the effective date of a price change constitutes acceptance of the new pricing.
Intellectual Property
Work product created by 37SOLUTIONS specifically for a client under a service agreement becomes the property of the client upon full payment of all applicable fees, unless otherwise specified in the agreement.
37SOLUTIONS retains ownership of its proprietary tools, workflows, scripts, processes, and methodologies. Our use of these in delivering services to you does not transfer ownership to you.
You retain ownership of all content, data, and intellectual property you provide to us for the purpose of delivering services.
Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party that is identified as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.
This obligation does not apply to information that: (a) is or becomes publicly available through no breach of this agreement; (b) was rightfully known to the receiving party before disclosure; (c) is independently developed without use of the confidential information; or (d) is required to be disclosed by law or court order.
Limitation of Liability
To the maximum extent permitted by applicable law, 37SOLUTIONS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with our services.
Our total liability for any claim arising under these Terms or any service agreement shall not exceed the total fees paid by you to 37SOLUTIONS in the three months preceding the event giving rise to the claim.
This limitation applies regardless of whether the liability arises in contract, tort, negligence, strict liability, or any other legal theory, and even if we have been advised of the possibility of such damages.
Disclaimer of Warranties
Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted, error-free, or completely secure. No guarantee of specific results or outcomes is made.
We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Termination
Either party may terminate a service agreement with 30 days written notice, unless the applicable service agreement specifies different notice requirements. We may terminate services immediately for cause, including but not limited to violation of these Terms, non-payment, or activity that poses a security risk to our infrastructure or other clients.
Upon termination, you are responsible for obtaining copies of your data within 30 days. After this period, we may delete your data in accordance with our data retention policies.
Governing Law
These Terms shall be governed by and construed in accordance with applicable law. Any disputes arising under these Terms shall be resolved through good-faith negotiation first, and if necessary, binding arbitration in accordance with commercially accepted arbitration rules.
Changes to These Terms
We may update these Terms from time to time. We will notify active clients of material changes via email. Continued use of our services after the effective date of changes constitutes acceptance of the updated Terms.
Contact
If you have questions about these Terms of Service, please contact us:
- Email: sales@37solutions.com
- Web: 37solutions.com/contact