Terms of Service
Last updated: January 1, 2024
Agreement to Terms: By accessing or using Wellforce's website and services, you agree to be bound by these Terms of Service. Please read them carefully.
1. Acceptance of Terms
These Terms of Service ("Terms") govern your use of the Wellforce website ("Website") and services ("Services") provided by Wellforce ("Company", "we", "us", or "our"). By accessing or using our Website or Services, you ("User", "you", or "your") agree to comply with and be bound by these Terms.
If you do not agree with these Terms, you must not access or use our Website or Services.
2. Description of Services
Wellforce provides managed IT services, cybersecurity solutions, AI automation consulting, and related technology services to businesses, nonprofits, and organizations. Our services include:
- Managed IT support and monitoring
- Cybersecurity assessments and solutions
- AI automation and digital transformation consulting
- Cloud computing and infrastructure services
- Compliance and regulatory support
- Help desk and technical support
Specific service details, scope, and pricing are outlined in separate Service Agreements or Statements of Work.
3. Acceptable Use
You agree to use our Website and Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Violate any applicable laws or regulations
- Infringe upon intellectual property rights
- Transmit malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt our services
- Use our services for spam or unsolicited communications
- Misrepresent your identity or affiliation
4. User Accounts and Security
Some features of our Services may require you to create an account. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Immediately notifying us of any unauthorized use
- Providing accurate and current information
We reserve the right to suspend or terminate accounts that violate these Terms.
5. Intellectual Property Rights
Our Content
All content on our Website, including text, graphics, logos, images, software, and documentation, is the property of Wellforce or our licensors and is protected by copyright, trademark, and other intellectual property laws.
Your Content
You retain ownership of any content you provide to us. By submitting content, you grant us a non-exclusive, royalty-free license to use, modify, and display such content for the purpose of providing our Services.
Trademark Policy
Wellforce, our logo, and related marks are trademarks of our company. You may not use these trademarks without our prior written permission.
6. Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.
For clients receiving IT services, additional data protection terms may apply as outlined in separate Data Processing Agreements or Service Agreements.
7. Service Availability and Performance
While we strive to provide reliable services, we do not guarantee:
- Continuous, uninterrupted access to our Website or Services
- Error-free or bug-free operation
- Compatibility with all systems or software
- Meeting all specific user requirements
Service Level Agreements (SLAs) for managed IT services are specified in separate Service Agreements.
8. Payment Terms
Payment terms for our Services are outlined in separate Service Agreements or invoices. Generally:
- Fees are due as specified in your Service Agreement
- Late payments may incur additional charges
- Services may be suspended for non-payment
- Refunds are provided according to our refund policy
All fees are exclusive of taxes, which are your responsibility unless otherwise specified.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WELLFORCEIT SHALL NOT BE LIABLE FOR:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
- SERVICE INTERRUPTIONS OR SECURITY BREACHES
- ACTIONS OF THIRD PARTIES
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify and hold harmless Wellforce, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from your use of our Services or violation of these Terms.
11. Termination
Either party may terminate these Terms or any Service Agreement:
- With written notice as specified in the Service Agreement
- Immediately for material breach of these Terms
- Immediately if required by law or regulation
Upon termination, all rights and obligations cease except those that by their nature should survive.
12. Dispute Resolution
Any disputes arising from these Terms or our Services shall be resolved through:
- Informal Resolution: Good faith negotiations between the parties
- Mediation: Non-binding mediation if informal resolution fails
- Arbitration: Binding arbitration under the rules of the American Arbitration Association
Any arbitration shall be conducted in Washington, DC, and governed by the laws of the District of Columbia.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of the District of Columbia, without regard to conflict of law principles. Any legal action must be brought in the courts of Washington, DC.
14. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our Website with an updated "Last updated" date. Your continued use of our Services after changes constitutes acceptance of the new Terms.
For material changes, we will provide reasonable advance notice through email or Website announcement.
15. Severability
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the original intent.
16. Entire Agreement
These Terms, together with our Privacy Policy and any applicable Service Agreements, constitute the entire agreement between you and Wellforce regarding the use of our Website and Services.
17. Contact Information
If you have questions about these Terms of Service, please contact us:
Wellforce Legal Department
Wellforce
1234 Tech Street, Suite 100
Washington, DC 20001
These terms are effective as of January 1, 2024