1. Introduction and Acceptance
These Terms and Conditions (“Terms”) govern your use of the managed IT services, support services, and communications provided by ComputerWild Inc (“ComputerWild,” “we,” “our,” or “us”). By engaging our services, signing a service agreement, or providing your contact information through our website, onboarding processes, or direct communications, you (“Client,” “you,” or “your”) agree to be bound by these Terms.
These Terms apply to all clients, authorized users, and representatives accessing or using ComputerWild services. If you do not agree to these Terms, please do not use our services.
2. Services
2.1 Scope of Services
ComputerWild provides managed IT services, including but not limited to:
- Helpdesk and technical support (remote and on-site)
- Network monitoring and management
- Cybersecurity services and endpoint protection
- Data backup and disaster recovery
- Cloud services and infrastructure management
- IT consulting and project work
- Identity and access management
The specific services provided to each client are defined in a separate Service Agreement or Statement of Work (“SOW”) executed between ComputerWild and the client.
2.2 Service Availability
ComputerWild will make commercially reasonable efforts to ensure service availability as outlined in the applicable Service Agreement. Scheduled maintenance windows will be communicated in advance. ComputerWild is not liable for service interruptions caused by circumstances beyond our reasonable control, including but not limited to third-party outages, natural disasters, or force majeure events.
2.3 Changes to Services
ComputerWild reserves the right to modify, update, or discontinue services or features upon reasonable notice to clients. Material changes to ongoing services will be communicated no less than 30 days in advance.
3. Client Responsibilities
Clients agree to:
- Provide accurate and complete information required for service delivery
- Maintain up-to-date contact information, including mobile phone numbers provided for communications
- Cooperate with ComputerWild personnel in a respectful and professional manner
- Ensure authorized users comply with applicable security policies
- Not use ComputerWild services for unlawful purposes
- Notify ComputerWild promptly of any security incidents, suspected breaches, or changes in authorized personnel
4. SMS / Text Message Communications
4.1 Program Description
ComputerWild operates an SMS messaging program (“Program”) under which we send text messages to clients and authorized end users for IT support communications including service notifications, ticket updates, appointment reminders, and responses to client inquiries. We also send SMS notifications to our technicians for service call assignments and ticket alerts, and one-time verification codes and secure links to end users for identity verification and account access.
4.2 Opt-In and Consent
By providing your mobile phone number to ComputerWild through our website intake forms, onboarding processes, or by directly requesting communications, you affirmatively consent to receive SMS/text messages from ComputerWild related to the Program described above. You represent that you are the account holder or have authorization from the account holder for the mobile number provided.
4.3 Message Frequency
Message frequency varies depending on the nature of your engagement with ComputerWild services, open support tickets, and scheduled activity. You may receive multiple messages per day during active support engagements.
4.4 Message and Data Rates
Message and data rates may apply. Please contact your wireless carrier if you are unsure about your plan’s messaging rates.
4.5 Opt-Out Instructions
To stop receiving SMS messages from ComputerWild at any time, reply STOP to any message you receive from us. After opting out, you will receive a single confirmation message and no further messages will be sent, except where required by law or to fulfil an active service obligation. To opt back in, reply START or contact us directly.
4.6 Help
For assistance with our SMS program, reply HELP to any message, or contact us at support@computerwild.com or 509-295-8700.
4.7 Privacy of SMS Data
Mobile phone numbers and SMS communications data are used solely for the purpose of delivering the services described in these Terms. We do not sell, share, or rent your mobile phone number or SMS data to third parties for marketing purposes. For more information, see our Privacy Policy at https://www.computerwild.com/privacy/.
5. Fees and Payment
5.1 Fees
Service fees are outlined in the applicable Service Agreement. ComputerWild reserves the right to adjust fees upon 30 days written notice. Continued use of services after notice of a fee change constitutes acceptance of the revised fees.
5.2 Payment Terms
Invoices are due within the timeframe specified in the Service Agreement (typically net 30 days from invoice date). Overdue accounts may be subject to late fees and suspension of services. Clients are responsible for all applicable taxes.
5.3 Disputed Invoices
If you believe an invoice contains an error, you must notify ComputerWild in writing within 15 days of the invoice date. Undisputed portions of invoices remain due on their original terms.
6. Intellectual Property
All tools, scripts, software, methodologies, and documentation developed by ComputerWild remain the intellectual property of ComputerWild unless explicitly transferred in writing. Client data and materials remain the property of the client. ComputerWild is granted a limited license to access and process client data solely for the purpose of providing agreed services.
7. Confidentiality
Both parties agree to keep confidential all non-public information received from the other party in connection with the provision of services. ComputerWild will not disclose client information to third parties except as required to deliver services, comply with legal obligations, or with express written consent from the client. Confidentiality obligations survive termination of the service relationship for a period of three (3) years.
8. Data Privacy and Security
8.1 Data Handling
ComputerWild handles client data in accordance with our Privacy Policy, available at https://www.computerwild.com/privacy/. We implement industry-standard security measures to protect data in our custody.
8.2 Data Breach Notification
In the event of a confirmed security breach involving client data, ComputerWild will notify affected clients within the timeframe required by applicable law and take reasonable steps to mitigate harm.
8.3 Client Data Responsibility
Clients retain responsibility for their own data governance, backup strategies beyond what is included in their service agreement, and compliance with data protection regulations applicable to their business.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPUTERWILD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES PROVIDED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COMPUTERWILD’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO COMPUTERWILD IN THE LAST MONTH PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability, so some of the above limitations may not apply to you.
10. Indemnification
Client agrees to indemnify, defend, and hold harmless ComputerWild, its officers, employees, and agents from and against any claims, liabilities, damages, and expenses (including reasonable legal fees) arising from: (a) Client’s misuse of ComputerWild services; (b) Client’s violation of these Terms; (c) Client’s violation of applicable laws; or (d) third-party claims arising from Client’s business operations.
11. Term and Termination
11.1 Term
These Terms remain in effect for the duration of the service relationship between Client and ComputerWild, as defined in the applicable Service Agreement.
11.2 Termination
Either party may terminate the service relationship in accordance with the notice provisions in the Service Agreement. ComputerWild may suspend or terminate services immediately for material breach of these Terms, including non-payment or misuse of services.
11.3 Effect of Termination
Upon termination, Client’s access to services will cease. ComputerWild will return or destroy client data in accordance with the terms of the Service Agreement. Provisions relating to confidentiality, intellectual property, limitation of liability, and payment obligations survive termination.
12. Acceptable Use
Clients and authorized users may not use ComputerWild services to:
- Engage in any unlawful activity or violate any applicable law or regulation
- Transmit spam, malware, or other harmful content
- Attempt to gain unauthorized access to systems or networks
- Infringe upon the intellectual property rights of ComputerWild or third parties
- Harass, threaten, or abuse ComputerWild personnel or other parties
13. Dispute Resolution
In the event of a dispute arising from these Terms or the services provided, the parties agree to first attempt to resolve the dispute through good faith negotiation. If negotiation fails, the parties agree to mediation prior to initiating formal legal proceedings. These Terms shall be governed by the laws of the State of Washington, and any litigation shall be conducted in the courts of Washington State.
14. Modifications to These Terms
ComputerWild reserves the right to update or modify these Terms at any time. Material changes will be communicated via email or SMS notification to clients. Continued use of our services following notice of updated Terms constitutes acceptance of the revised Terms. The most current version of these Terms will always be available on our website.
15. Contact Information
For questions about these Terms and Conditions, our services, or our SMS communications program, please contact us:
ComputerWild
Phone: 509-295-8700
Email: support at computerwild.com
Privacy Policy: https://www.computerwild.com/privacy/
Website: https://www.computerwild.com