Please read these Terms of Service carefully before using the focustechpro.com website or engaging FOCUS Technologies LLC for any services. By accessing our website or engaging our services, you agree to be bound by these terms.
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and FOCUS Technologies LLC ("FOCUS Technologies," "we," "our," or "us"), a limited liability company organized under the laws of New Jersey. If you do not agree to these Terms, do not use our website or services.
These Terms apply to all visitors and users of focustechpro.com, and to all clients who engage FOCUS Technologies for managed IT or related services. Specific service engagements are governed by a separate Master Service Agreement ("MSA") or Statement of Work ("SOW"), which takes precedence over these Terms where there is a conflict.
2. Services
FOCUS Technologies provides managed IT services, cybersecurity consulting, network infrastructure, cloud and productivity solutions, backup and disaster recovery, physical security, IT consulting, custom development, and web and digital presence services, as more fully described on our website and in individual service agreements.
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 for any modification, suspension, or discontinuation of services provided we give reasonable advance notice.
3. Acceptable Use
You agree not to use our website or services to: violate any applicable law or regulation; infringe the intellectual property rights of others; transmit harmful, offensive, or unlawful content; interfere with or disrupt our systems or networks; attempt unauthorized access to any system, account, or data; or engage in any activity that could damage, disable, or impair our services.
We reserve the right to investigate suspected violations of these Terms and to cooperate with law enforcement authorities where appropriate.
4. Intellectual Property
All content on focustechpro.com, including text, graphics, logos, and software, is the property of FOCUS Technologies LLC or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.
Work product created specifically for a client under a signed service agreement is governed by the intellectual property provisions of that agreement.
5. Payment Terms
Payment terms for managed services, project work, and other engagements are specified in the applicable MSA or SOW. In general, invoices are due within 30 days of the invoice date unless otherwise agreed in writing. Late payments may be subject to a late fee of 1.5% per month or the maximum rate permitted by New Jersey law, whichever is less.
We reserve the right to suspend services for accounts more than 30 days past due after providing written notice. Suspended accounts may be restored upon payment of all outstanding balances.
6. Confidentiality
In the course of providing services, each party may receive confidential information belonging to the other party. Both parties agree to hold such information in confidence and not to disclose it to third parties without prior written consent, except as required by law or as necessary to provide the agreed services.
This confidentiality obligation survives termination of the service relationship for a period of three (3) years.
7. Limitation of Liability
To the fullest extent permitted by applicable law, FOCUS Technologies LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to your use of our website or services, even if we have been advised of the possibility of such damages.
Our total liability for any claim arising under these Terms shall not exceed the greater of (a) the amount paid by you to FOCUS Technologies in the three months preceding the claim, or (b) $100.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
8. Indemnification
You agree to indemnify, defend, and hold harmless FOCUS Technologies LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from your use of our services, your violation of these Terms, or your violation of any third-party rights.
9. Termination
Either party may terminate a service engagement in accordance with the terms of the applicable MSA or SOW. In the absence of a specific agreement, either party may terminate upon 30 days' written notice. We may terminate immediately for cause, including non-payment or material breach of these Terms.
Upon termination, your right to receive services from us will cease. We will provide a reasonable opportunity to retrieve your data as specified in your service agreement.
10. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey, and you consent to personal jurisdiction in those courts.
11. Changes to These Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last updated" date and, where appropriate, by notifying active clients via email. Continued use of our website or services after the effective date of changes constitutes acceptance of the updated Terms.
12. Contact
If you have questions about these Terms, please contact us:
FOCUS Technologies LLC
South Jersey, NJ
legal@focustechpro.com
focustechpro.com/contact