Terms of Service

Last Updated: 9/26/2017

Welcome to Silverleaf! Thanks for using our products and services (“Service”, “Services”). The Services are provided by Silverleaf Computer Services Inc. (“Silverleaf”, “we”, “us”), located at 14320 Ventura Boulevard #340, Sherman Oaks, CA 91423. By completing this Terms of Service agreement (“Terms”, “Agreement”), you (“Client”, “you”) acknowledge that you have read, understand, and agree to these Terms.

IT IS AGREED AS FOLLOWS:

Purpose and authorization. Client intends to engage Silverleaf to provide support, consulting, implementation, and maintenance Services for Client’s computer hardware, software, and data systems. You grant us permission and full administrative privileges to physically and electronically access and modify your hardware, software, and data systems. If you are using our Services on behalf of an organization, you must be an agent of the organization that is authorized to bind the organization to these Terms.

Privacy, account information. We think that the protection and security of your account information is extremely important. Your Silverleaf account may contain personally identifiable information including your full name, job title, company name, phone number, email address, service location address, and billing address. Your account may also contain non-personally identifiable information including login credentials and system hardware and software specifications. We take great care in protecting this information from unauthorized access, which is why our Services are provided in accordance with our Privacy Policy, which may be viewed at https://silvercomputer.net/about/privacy.

Using our Services. We offer managed IT services, IT project implementation services, and IT support services for home office clients and small business clients. Our Services are diverse, and additional terms or product requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

Appointments, business hours, overtime. Service is available by appointment during normal business hours between 9:00 AM and 6:00 PM, Pacific Time, Monday through Friday, excluding holidays and weekends. Service requests submitted to us outside of normal business hours will be processed during the next business day. All Service performed outside of normal business hours (“Overtime”) is subject to a rate equal to one and a half times (1.5x) the standard rate. Overtime Service is provided at our sole discretion. If you wish to cancel or reschedule your Service appointment, you must do so by contacting us by phone call during normal business hours at least two (2) hours before your Service is scheduled to begin, or you may incur a cancellation fee equal to the applicable Service minimum fee.

Estimate, invoice fees, late payment fee, payment terms. An estimate of your fees will be provided to you before we begin work on your Service, and we will notify you of changes to your estimate. Your total fees will be detailed on a separate invoice, and payment is due on receipt of that invoice. A late payment fee in the amount of 3% of the invoice total will be added for every 30 days that the invoice is unpaid and overdue. Payment is accepted in U.S. Dollars ($) in the form of cash, check, or credit card. All sales are final (no refunds).

Electronic delivery of communications. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide regarding your Silverleaf account and your use of our Services. Communications include, but are not limited to: agreements and policies you agree to (e.g., the Terms of Service Agreement and the Privacy Policy), including updates to these agreements or policies, transaction receipts or confirmations, account statements and history, any other account or transaction information.

Modifying and terminating our Services, opt-out. We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time. Silverleaf may also stop providing Services to you, or add or create new limits to our Services at any time. If we discontinue a Service, where reasonably possible, we will give you reasonable notice and a chance to get information out of that Service. Regarding your use of the Services, we may send you announcements, administrative messages, and other information. You may opt out of some of those communications.

Hardware policy. We may purchase hardware for you to help complete your Service request in a convenient and timely manner, or we may recommend hardware for you to purchase. We take great care to choose high quality and compatible hardware components. If any hardware we choose experiences a failure, however, we will not process a manufacturer’s warranty for that hardware, and standard diagnostic and service fees may apply to troubleshoot, replace, and re-install that hardware.

Backing up data. Prior to us servicing your computer hardware, software, and/or data system, it is your responsibility to back up and make redundant copies of the data, software, information or other files stored on your hard disk drives or any other data storage device. We may only commence Service when it is assured that a proper backup has been performed, or after we receive authorization from you to begin Service without assurance that a proper backup has been performed.

Managing login credentials. We may ask you to provide us with login credentials including, but not limited to, usernames and passwords, if we determine that the information is necessary and relevant to a Service. It is your responsibility to remember, store, and manage the login credentials for your local and online accounts, and to provide this information to us upon request. If we are holding any of your login credentials as part of a Service, and our business relationship with you becomes terminated, we will transfer those login credential records to you before deleting the records from our internal data systems. WE ACCEPT NO RESPONSIBILITY FOR IMPROPERLY MANAGED PASSWORDS AND LOGIN CREDENTIALS.

Non-interference. You acknowledge that we recruit, train and contract with Business Professionals for the purpose of providing Service to you, and that this is a costly and time-consuming endeavor. Should you wish, within two (2) years following the termination of this Agreement—measured from the last extension thereof—to directly or indirectly employ any Business Professional who shall have contracted with us for the purpose of providing Service to you, you shall first pay us the sum of $30,000 per Business Professional, which accurately reflects the reasonable valuable of our time and costs to find, recruit and train a replacement for the afore mentioned Business Professional.

Our warranties and disclaimers. We provide our Services using a commercially reasonable level of skill. Silverleaf and its suppliers, distributors, and subcontractors (“Affiliates”) will put forth a best effort to ensure that your Service request is completely fulfilled in a timely manner, based on all information received from you at the time your Service request is received. In some cases, we may determine that a Service request cannot be completely fulfilled in a timely manner due to previously unknown conditions or circumstances including, but not limited to: hardware or software incompatibilities or failures, additional hardware or software being required, time constraints, scheduling conflicts, Internet connection problems, limited availability, our not receiving full administrative access, our not receiving correct usernames and passwords, or our not receiving necessary authorization and authentication.

Silverleaf makes no other express or implied warranties of any kind. If you have paid an invoice for a completed Service but are not satisfied with the Service, you may request an additional follow-up Service within five (5) business days of the completed Service date. Silverleaf may grant your request for a free follow-up Service at its sole discretion.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER SILVERLEAF NOR ITS AFFILIATES MAKE ANY SPECIFIC GUARANTEES, ASSURANCES, OR WARRANTIES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR PARTICULAR OR UNIQUE NEEDS. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE EXCLUDE ALL WARRANTIES TO THE FULLEST EXTENT ALLOWABLE BY LAW.

LIABILITY OF OUR SERVICES. TO THE FULLEST EXTENT ALLOWABLE BY LAW, SILVERLEAF AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR LOST PROFITS, REVENUES, PASSWORDS, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE TOTAL LIABILITY OF SILVERLEAF AND ITS AFFILIATES, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN NO EVENT SHALL SILVERLEAF OR ITS AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

About these Terms. We may modify these Terms or any subsequently adopted terms that apply to a Service to, for example, reflect changes to the applicable law or changes to our Services. You should look at the Terms regularly. We will notify you of modifications to these Terms. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. These Terms may be viewed on our website at https://silvercomputer.net/about/terms. If there is a conflict between these Terms and the subsequently adopted terms, the subsequently adopted terms will control for that conflict. These Terms control the relationship between Silverleaf and you. They do not create any third-party beneficiary rights. If you do not comply with these Terms, and we don’t act right away, we will not be waiving any rights that we may have (such as taking action in the future). If it turns out that a particular Term is not enforceable, this will not affect any other Terms.
The laws of California, U.S.A. will apply to any disputes arising out of or relating to these Terms or the Services. Silverleaf may elect to resolve any controversy or claim arising out of or relating to this Agreement by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless Silverleaf establishes a different location, arbitration hearings will be held in Los Angeles, California. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.

Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter herein and supersedes all other prior and contemporaneous agreements, understandings, and warranties, whether oral or written.

Thank you for taking the time to review these Terms. For information about how to contact Silverleaf, please visit our contact page.