Revised: May 28, 2021 

By accepting this Support Service Agreement, the customer authorizes Jetty IT Solutions LLC. (Jetty IT Solutions) to begin performing the Services or to continue performing the Services, if performance of the Services began prior to accepting this Agreement and allows access to the Customer systems for the term of the Agreement and shall continue such until Jetty IT Solutions completes the Services to be performed or until either party terminates this Agreement. Either party may terminate this Agreement at any time, without cause, by giving 30 (thirty) business days advance written notice to the other party of its intent to terminate the Agreement. Jetty IT Solutions reserves the right to terminate the Agreement without any prior notice if the Customer proves to be delinquent in payment(s), unlawful, fraudulent, libelous, defamatory, obscene, profane, threatening, or abusive. 

The customer agrees to pay Jetty IT Solutions for all Services rendered. All unpaid fees and expenses that have occurred through the date of termination are subject to additional late fees and penalties. 

The customer agrees that all payments provided for Services are NON-REFUNDABLE. 

Notices of revision to this Services Agreement will be made periodically. Alerts on such revisions will be sent to the customer. Continued use of the Services after receiving such alert demonstrates acceptance of such revised terms and conditions. 

WARRANTY 

Under this Agreement, Jetty IT Solutions provides Services to Customers and does not sell or license goods, except as expressly provided in a purchase order. Jetty IT Solutions warrants that it will perform the Services in a workmanlike manner. 

THE WARRANTY EXPRESSED IN THIS SECTION IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY JETTY IT SOLUTIONS. EXCEPT FOR THIS LIMITED WARRANTY, JETTY IT SOLUTIONS MAKES NO OTHER WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, RELATING TO THE SERVICES TO BE RENDERED BY JETTY IT SOLUTIONS UNDER THIS AGREEMENT, AND JETTY IT SOLUTIONS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT MAY ARISE IN CONNECTION WITH SUCH SERVICES, ACCEPTANCE OF WHICH BY CLIENT IS EVIDENCED BY CLIENT’S SIGNATURE. 

Jetty IT Solutions offers a standard seven (7) day warranty for all non-recurring rendered Services unless otherwise stated. During this warranty, the Customer can request additional information and/or ask Jetty IT Solutions to fix potential issues which occurred due to the performed Services. Software updates released in this seven (7) day warranty period are not covered by this warranty. If a part of the Service was the installation, update, or configuration of software, the Customer may not request updates to newer software versions if the new version was not publicly available at the date when the service was rendered. 

Jetty IT Solutions is not responsible for hardware or software that is incompatible with the rendered services. Third-party software and hardware are not covered by Jetty IT Solutions’ warranty. The warranty refers ONLY to the Services rendered directly by Jetty IT Solutions. 

The Customer warrants that the rendering of the Services by Jetty IT Solutions will not violate the rights of any third party, including, without limitation, intellectual property rights. 

GENERAL TERMS 

Governing Law and Choice of Forum. This Agreement will be governed and interpreted in accordance with the laws of the State of Texas, without regard to the conflicts of law or rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved within the State of Texas and its state courts unless the parties agree otherwise in a separate writing signed by the parties. Each party, to the maximum extent permitted by law, hereby consents to the jurisdiction and venue of such courts and gives up any objections that such party may now have or hereafter have to the jurisdiction or venue of such courts, based on inconvenient forum or otherwise. 

DISPUTE RESOLUTION 

Mediation.  If a dispute cannot be settled through good-faith negotiation between the Parties, then either Party shall demand within (60) days that the dispute be submitted to non-binding mediation conducted by Peacemaker Ministries, a dispute resolution organization.  Each Party shall bear its own expenses, but those related to the compensation of the mediator shall be borne equally. The Parties, their representatives, other participants, and the mediator shall hold the existence, content and result of mediation in confidence.  The mediation shall be conducted in the County of the Party that has not demanded such mediation.  If the Parties are unable to resolve their dispute by Mediation after the result of the mediation conference, then upon demand by either Party, all disputes, claims, questions or differences shall proceed to Arbitration as set forth in this Agreement. The mediator’s decision shall be final unless a demand for Arbitration is made within fourteen (14) days of the decision date.  

Arbitration.  Any controversy, claim or dispute arising out of or relating to this Agreement that cannot be amicably resolved through mediation between the Parties shall be settled by final and binding Arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including Emergency Interim Relief Procedures, and judgment on the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof.  Any arbitration proceedings will be conducted in Bell County, Texas.  The Arbitrator(s) shall award to the substantially prevailing Party, if any, as determined by the Arbitrator(s), all of its costs and fees.  “Cost and fees” mean all reasonable pre-award expenses of the arbitration, including the Arbitrator(s)’ fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorney’s fees.

Independent Contractor 

Jetty IT Solutions is an independent contractor for all purposes. Neither Jetty IT Solutions nor its subcontractors, nor the employees or agents thereof, shall be deemed to be employees or agents of the Customer. Jetty IT Solutions may use subcontractors or other third parties of Jetty IT Solutions’ choice to assist Jetty IT Solutions in rendering the Services hereunder. 

Enforceability 

If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall remain in full force and effect. 

Interpretation 

The headings of this Agreement shall not affect the meaning or interpretation of this Agreement and are included only to facilitate its reading. 

Force Majeure 

Neither party shall have liability for damages or delays in performance due to natural disasters, power surges or failure, strikes or labor disputes, acts of God, war, civil disturbances, acts of civil or military authorities or the public enemy, or other causes beyond either party’s control, whether natural or man-made. 

Entire Agreement 

This Agreement represents the entire agreement between the parties and supersedes all prior agreements, proposals, representations, statements, or understandings, whether written or oral, concerning Jetty IT Solutions’ rendering of the Services to the Customer. By accepting this Agreement, the Customer allows Jetty IT Solutions to connect to their systems and perform the Services. 

NOTICES 

Onsite and remote support services shall be treated as a Technical Service and will be calculated and billed for on terms expressly included in the customer billing schedule. At no point will work be done at no cost unless expressly agreed by the parties, and if the terms are unclear, work will be billed at the default rate for the corresponding tier of service. On-site support hours are calculated from the time Jetty IT Solutions technical staff depart our facilities until the time they return. Any amount of available block time hours left over will roll over and be added to the next month. Excess hours will be withdrawn from the next month. The allotted hours used each month will be audited and adjusted as needed and will be added as an addendum to the signed contract 

By agreeing to the terms, you are giving Jetty IT Solutions engineers permission to locally or remotely connect to your PCs and Servers to investigate and perform any agreed work. 

Any personal or private information stored on your computer which is seen by a Jetty IT Solutions technician or engineer will be treated as confidential, unless in violation of the law (e.g., human trafficking evidence, child pornography, espionage, etc.). The customer shall be responsible for backing up all data to external media such as DVDs or an external hard drive prior to the remote support session. Jetty IT Solutions is not responsible for the loss of data. Questions regarding this agreement should be emailed to This email address is being protected from spambots. You need JavaScript enabled to view it. or directed to your account representative. Jetty IT Solutions will endeavor to perform the work in a timely and professional manner. 

ACCEPTANCE 

By signing or clicking ‘Accept’ you are accepting this agreement and our disclaimer, you acknowledge that you have read and understood the terms outlined herein, and that you authorize Jetty IT Solutions engineers to access and support your systems.