Terms of service
This Agreement is made between itGenius LLC of 2106 House Ave, Suite 151, Cheyenne, Wyoming 82001 (“itGenius”) and the persons and entities described in a Quotation, a Reseller Order, or any digital storefront that engage itGenius for a Subscription to the provision of services or products described. By engaging itGenius's services via our online checkout, accepting an online Quote or Reseller Order, entering into a statement of work for Non-Reselling Based Consulting Services, or making payment on any of our invoices, you acknowledge your complete understanding of the following terms and agree to be bound by them.
1. Definitions “Cloud Concierge Services” means itGenius's value-added services offered in conjunction with Cloud Services, including support SLAs, training, and strategic consulting. “Committed Term” means the minimum term that the Customer agrees to acquire Cloud Services and/or Support Services, beginning from the 1st day of service and continuing for the duration of that Subscription, unless terminated earlier in accordance with this Agreement. “Google Workspace” means the services as described by Google as part of Google Workspace from time to time. “Resold Services” means services of third parties, including without limitation, Google, Dialpad Inc, Asana Inc, Hiver, Copper CRM, Inc., Backupify, Webroot, and Domain Name Services provided by itGenius. “Services” means services provided by itGenius to the Customer, including Cloud Services, Cloud Concierge Services with bundled Support Services, and Non-Reselling Based Consulting Services. “Subscription” means the services provided by itGenius to the Customer known as 'Cloud Concierge IT Support Subscription' including bundled Support Services.
2. Contract Formation & Ordering A contract shall come into existence and all Reseller Orders and Statements of Work shall be binding from the earliest of: (i) itGenius's electronic acceptance; (ii) shipment of product or delivery of item as listed in the Quotation; (iii) use by the Customer of the applicable Services; or (iv) the raising by itGenius of an invoice in respect of the items in the Quotation.
3. Customer use of Google Apps and access to Google Workspace Customer agrees to comply with the Google Workspace Terms of Service. itGenius provides administration and support but is not responsible for the core functionality, data integrity, or uptime of the third-party platforms.
4. Data Migration Service Account Migration Services from another service provider are a separate product and may incur additional costs. itGenius will perform migrations with reasonable skill and care, but the Customer is responsible for ensuring data is backed up prior to migration. itGenius is not liable for data loss during migration due to third-party API limitations or source server issues.
5. Payments Unless otherwise arranged, payments to itGenius for Services or Goods are required to be made upfront and in full before any delivery will commence. Payments for monthly subscriptions are processed automatically via the stored payment method. All fees are in USD unless otherwise specified.
6. Delivery Services are deemed delivered once access has been provisioned or the professional service hours have been completed as per the Statement of Work.
7. Cancellations and Refunds Cancellations for most managed services and recurring subscriptions require a 30-day written notice sent to help@itgenius.com. For software licenses (such as Google Workspace or Dialpad), once a license has been provisioned, it is non-refundable for the current billing period. Early cancellation of a Committed Term may result in the full balance of the term becoming due and payable immediately. Approved refunds for billing errors will be processed within 10 business days to the original payment method.
8. Confidentiality and Access to Customer's Google Account itGenius may require administrative access to the Customer’s accounts to perform Services. itGenius agrees to maintain the confidentiality of all Customer data accessed during the provision of support.
9. Privacy itGenius collects personal data relating to the Customer and End Users in accordance with its Privacy Policy. For inquiries, contact help@itgenius.com or the address listed at the beginning of this agreement.
10. Warranties and Indemnity itGenius warrants that it will perform the Services with all reasonable skill and care. The Customer agrees to indemnify itGenius against any claims arising from the Customer's use of the Services in breach of third-party terms.
11. Liability The Customer acknowledges that itGenius may be required to work on the Customer's data and that it is the Customer's responsibility to ensure data is backed up properly. itGenius’s total liability for any claim under this Agreement is limited to the amount paid by the Customer for the specific service giving rise to the claim in the 12 months preceding the event.
12. Jurisdiction, Notices & Assignment This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, United States. All disputes shall be submitted to the exclusive jurisdiction of the state and federal courts located in Wyoming.
13. Updates to Agreement & Miscellaneous This agreement may be amended or varied by itGenius from time to time by giving 14 days prior written notice to the Customer via email. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.