Legal

General Terms and Conditions

Introduction

These Terms and Conditions (“Agreement”) govern your access and use of the website and services provided by C&H Personal Computer, Inc. (“CHPC”). By accessing our website or engaging with our services, you agree to comply with and be bound by the following terms. Please read them carefully. If you do not agree to these terms, you should not access or use our services.

1. Services Provided

CHPC offers a wide range of Managed IT Services, including but not limited to network management, cybersecurity, cloud solutions, disaster recovery, VoIP, and hardware procurement. All services are outlined in your Managed Service Agreement (MSA) upon engagement. Services outside the scope of the MSA may incur additional charges and will be quoted separately.

You acknowledge that certain services, such as cybersecurity protections, rely on timely client cooperation, including following CHPC’s guidance and policies. CHPC cannot guarantee absolute protection or uninterrupted services, especially in the event of client non-compliance or unforeseen events.

2. Website Use

Your use of this website must be in compliance with all applicable local, state, national, and international laws. You agree not to:

Post or transmit any material that is defamatory, offensive, harmful, or in violation of any rights of others.
Use this website to engage in any activity that could damage, disable, overburden, or impair any CHPC servers or networks.
Attempt to gain unauthorized access to any CHPC systems or data through hacking, password mining, or any other unlawful means.

CHPC reserves the right to terminate or restrict your access to the website for any violation of these terms or applicable laws.

3. Client Responsibilities

3.1 Cybersecurity Compliance

Clients must comply with CHPC’s Cybersecurity Policy, which includes the use of encrypted networks, secure shared drives, regular backups, and participation in employee security training programs. Failure to follow these security measures may result in reduced service capabilities and increased exposure to risks, for which CHPC shall not be held liable.

3.2 Hardware & Licensing

Clients are responsible for ensuring that their hardware is under valid warranty and software licenses are up to date. CHPC is not liable for delays or issues caused by expired licenses, unsupported equipment, or hardware failures. Service interruptions caused by outdated or faulty equipment will be billed as out-of-scope unless otherwise covered by the MSA.

4. Service Availability

Our website and services are provided based on geographic and technical availability. It is the client’s responsibility to confirm whether services are available in their location before engaging. CHPC makes no guarantees of continuous or error-free operation of the website and reserves the right to update or discontinue the website or services at any time without notice.

5. Intellectual Property

All content, including but not limited to text, graphics, logos, images, and software on this website, are the exclusive property of CHPC or its content suppliers and are protected by intellectual property laws. You are granted a limited license to access and use this website for personal or commercial purposes directly related to engaging with CHPC’s services. Unauthorized reproduction, modification, distribution, or exploitation of our intellectual property is strictly prohibited.

6. Limitation of Liability

CHPC makes no warranties or guarantees, express or implied, regarding the services or information provided. CHPC shall not be liable for any indirect, incidental, or consequential damages arising out of the use or inability to use this website or our services, including but not limited to loss of data, revenue, or business opportunities.

CHPC’s total liability for any claims related to the services is limited to the total fees paid by the client for the applicable services in the preceding twelve (12) months. CHPC is not responsible for third-party software, hardware, or any integration failures beyond its control.

7. Confidentiality & Data Protection

CHPC takes the protection of confidential information seriously. All proprietary data, including client information and intellectual property, shared with us is handled in accordance with our Privacy Policy and applicable regulations such as HIPAA (where relevant). CHPC implements industry-standard security practices to safeguard client data but makes no guarantee against unauthorized access or data breaches.

Clients must notify CHPC immediately if they suspect any security breach or unauthorized access to their systems that may impact CHPC’s services or data.

8. Service Fees and Payment

All service fees are specified in the MSA and may vary based on the scope of services and region. Additional fees may apply for out-of-scope services, emergency services, or after-hours support, as outlined in the MSA. All invoices are due within the agreed payment terms, typically within 30 days of the invoice date. Failure to make timely payments may result in suspension of services, and CHPC reserves the right to charge interest on overdue amounts.

9. Termination

This Agreement may be terminated by either party in accordance with the termination clauses specified in the MSA. CHPC reserves the right to suspend or terminate services in the event of non-payment, breach of this Agreement, or any other violation of applicable law. Clients may also be subject to early termination fees as outlined in their MSA. All intellectual property and proprietary information must be returned or destroyed upon termination.

10. Force Majeure

CHPC shall not be held liable for delays or interruptions in service caused by circumstances beyond our reasonable control, including but not limited to natural disasters, war, acts of government, strikes, or supply chain disruptions. During such events, CHPC will take reasonable steps to resume services as soon as practicable.

11. Dispute Resolution

In the event of any dispute arising out of this Agreement, the parties agree to first attempt to resolve the issue through good faith negotiation. If the dispute cannot be resolved amicably, it shall be submitted to binding arbitration in Orleans County, New York, in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on both parties.

12. Governing Law

This Agreement and any disputes arising from it shall be governed by and construed in accordance with the laws of the State of New York. Any legal action arising under this Agreement shall be filed exclusively in the state or federal courts located in Orleans County, New York, and both parties consent to the jurisdiction of these courts.

13. Changes to the Terms

CHPC reserves the right to modify these Terms and Conditions at any time, and such modifications will be effective immediately upon posting on this website. It is your responsibility to review these Terms and Conditions regularly. Continued use of the website or services after modifications constitutes your acceptance of the updated terms.