EWRTech LLC
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Site.. Users may visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
How we use collected information
EwrTech. may collect and use Users personal information for the following purposes:
- To Personalize User Experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To Improve Our Site
We may use feedback you provide to improve our products and services.
- To Send Periodic Emails
If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
Changes to this privacy policy
EwrTech. has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Acceptable Use
SIGNING UP FOR ANY EWRTECH PROJECT, IT SERVICE OR PURCHASE OF SOFTWARE, DEVICE OR RELATED SERVICE CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS AGREEMENT. ANY ONE OF THE FOLLOWING ACTIONS CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS: [1] ACCEPTING THE TERMS AND CONDITIONS ELECTRONICALLY DURING THE ORDERING PROCESS, [2] SIGNING A SUPPORT AGREEMENT OR MAINTENANCE AGREEMENT, [3] ORDERING PRODUCT OR SOFTWARE [4] SIGNING A STATEMENT OF WORK TO PROVIDE SERVICES. THROUGH THESE ACTIONS YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT.
1. EwrTech is a Software and IT Solutions company, These Terms and Conditions, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time (collectively, the “Agreement”), constitutes the entire agreement between EwrTech IT Services, LLC., a Texas LLC corporation (hereinafter referred to as “we,” “us” or “EwrTech”) and the party set forth in the related order form or agreement (herein after referred to as “you,” or “Client”) regarding EwrTech’ s Services (as defined herein), and supersedes all prior agreements, discussions and writings between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, the term “EwrTech” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, attorneys and any other service provider that furnishes services to you in connection with this agreement.
2. Revisions to the Terms and Conditions. From time to time, we may revise the terms and conditions of this Agreement (including, without limitation, any of the policies incorporated by reference). Notice of revisions to the Agreement or pricing shall be posted on the EwrTech Website (“the Website”) and deemed given and effective on the date posted to the Website. If you do not agree to the revision(s), you must Terminate your Service immediately, subject to the termination provisions provided in this Agreement. By continuing to use the Service after revision(s) are in effect, you hereby accept and agree to all such revisions.
3. Client is responsible for, and shall pay are any applicable federal, state, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility and other taxes, fees and charges now in force or enacted in the future, that arise from or as a result of clients service or project with EwrTech. If client is exempt from payment of such taxes, you will provide EwrTech with an original government-issued certificate attesting to tax-exempt status.
4. Payment Terms. All invoices may have an existing cash discount, or may not. Credit cards are accepted, however client understands they are forfeiting the cash discount. Additionally, all payments which are paid thirty (30) days after the due date will be assessed a certain rate per month interest charge on unpaid balances or the maximum permitted by law.
5. If we are required to send your account to collections for non-payment you will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection costs and attorney’s fees. You also agree to pay any additional charges or fees applied to your billing account including but not limited to, interest and charges due to insufficient credit.
6. Credit Terms. All Services provided to You and covered by the Agreement shall at all times be subject to credit approval or review by EwrTech. You will provide such credit information or assurance as is requested at any time. EwrTech, in its sole discretion and judgment, may discontinue credit at any time without notice or require a deposit.
7. Price Changes. EwrTech may adjust its pricing for Services at any time without prior written notice. Fixed price Agreements for a term commitment will not be subject to the price changes until the end of the term and will automatically renew, unless cancelled, at the new rate and term subscribed in the contract.
8. Non-Solicitation. The client agrees not to solicit for employment any EwrTech employee. It is further agreed that if You do hire an employee or representative of EwrTech either directly or indirectly within one hundred twenty (120) days of that individual’s termination from EwrTech, you will pay EwrTech as liquidated damages the sum of 100% of the annual salary of such individual, which amount you agrees is fair and reasonable and shall survive termination and cancellation of this Agreement.
9. Management of Your Data and Computers
A. Unless contracted otherwise in a Managed Services Agreement you are solely responsible for maintaining suitable equipment, including your computers, backup systems, servers, printers, firewalls, security, phones and software, including any necessary system or software upgrades, patches or other fixes which are or may become necessary. EwrTech may make recommendations for upgrading systems, software and applications but it is solely up to the client to act on those recommendations in a timely manner. Contracting EwrTech on a time and materials basis for projects, monthly engineering visits does not imply we are taking responsibility for your network or infrastructure.
B. EWRTECH DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF REGARDING YOUR DATA, BACKUPS, SECURITY OR PHONES REGARDING THE SUITABILITY OF A GIVEN SOLUTION AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. ONLY SIGNED CONTRACTS BETWEEN YOU AND EWRTECH WILL HAVE BINDING AUTHORITY.
C. Unless contracted otherwise in a Managed Backup Agreement you are solely responsible for your backups. This includes ensuring adequate backups are taken before a project starts, ensuring backups are stored securely offsite and the backups are of sound quality and free from corruption. Additionally; EwrTech makes no warranty to the effectiveness and suitability of a client’s backup system, how long it will take to restore data or how much data can be saved in the event of a data loss event.
D. Unless contracted otherwise in an Advanced Security Agreement you are solely responsible for the security of your network, servers and data. EwrTech will not be responsible for your security policies, or ensuring your network is configured to reduce the damage of a security breach. In the event of data theft, corruption, encryption client agrees they are solely responsible and any efforts by EwrTech to help the client is on a best efforts basis and will likely incur emergency charges for quick response. We do not warranty we will be able to recover affected systems or remove all instances of the infection.
10. Warranty/Disclaimer. The website, the products and/or any other products and/or services offered on the website are provided to you on an “as is” and “as available” basis and all warranties, express and implied, are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). in particular, but not as a limitation thereof, company makes no warranty that the website, the products and/or any other products and/or services offered on the website: (a) will meet your requirements; (b) will be uninterrupted, timely, secure or error-free or that defects will be corrected; (c) will be free of viruses or other harmful components; (d) will have security methods employed that will be sufficient against interference with your enjoyment of the website, or against infringement; (e) will result in any specific health-related outcome; and/or (f) will be accurate or reliable. the website, the products and/or any other products and/or services offered on the website may contain bugs, errors, problems or other limitations. company is not liable for the availability of the underlying internet connection associated with the website. no advice or information, whether oral or written, obtained by you from company or otherwise through or from the website, shall create any warranty not expressly stated in the agreement.
When EwrTech is making recommendations and analyzing your server and network, our knowledge can be limited in scope. EwrTech warrants that services provided will be of good, workmanlike quality, performed with the requisite skill necessary. If a warranty applies, it will be in effect for the duration agreed upon in a written form, from the date the services are rendered. EwrTech does not warrant that as a result of monitoring, limited inspection or working on your systems we will identify all potential problems or issues with your network, nor do we warrant that our recommendation will remedy the problems and issues that you are encountering.
The information contained in this website is for information purposes only. The information is provided by EwrTech LLC and while we make every effort to keep the information up to date and correct, we do not guarantee , completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. Through this website, you are able to link to other websites which are not under the control of EwrTech LLC. We have no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement from EwrTech LLC.
Every effort is made to keep the website up and running at all times. However, EwrTech LLC takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to any technical failure that is beyond our control.
11. Limitations of Liability. If any service performed by EwrTech results in damage to your systems or equipment the liability to EwrTech will be limited solely to the cost to repair or replace (at Our sole and absolute discretion) the damaged systems or equipment. No obligations or liability shall arise out of Our rendering of technical or other advice in connection with services rendered hereunder. Our total liability under this agreement will be limited to the payments received by EwrTech from the client for that particular service during the three (3) months immediately prior to the date of the event giving rise to any claim or liability. In no event will We be liable for any special, incidental, punitive, exemplary or consequential damages, including, without limitation, lost profits, loss of use, loss of data or loss of goodwill, or the costs of procuring substitute services, arising out of or in connection with this agreement.
12. Subcontractors. When deemed necessary, EwrTech may choose to employ subcontractors both foreign and domestic in the following capacities but not limited to; assisting with system operations and troubleshooting, responding to system alerts, patching, updating, remediation, and technical project assistance. Subcontractors will always operate under the guidance of EwrTech employees, obtain access to client networks through EwrTech security credentials and not be permitted to save, copy, transport or otherwise obtain or move client data from client location unless otherwise instructed in writing by the client. Client may at any time request subcontractors both foreign and domestic to be restricted from any access. Restricting access may incur additional fees for service and project delivery and/or may result in degraded service and/or longer project delivery times.
13. Binding Nature of the Agreement. This Agreement shall be binding and inure to the benefit of EwrTech and its successors and assigns and binding upon client and its successors and assigns.
14. Confidentiality. EwrTech does not want to receive confidential or proprietary information from you through our web site. Please note that any information or material sent to EwrTech will be deemed NOT to be confidential. By sending EwrTech any information or material, you grant EwrTech an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that EwrTech is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to EwrTech for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the tab entitled "Privacy" for information regarding EwrTech's privacy policies.
EwrTech and the client mutually agree to consider and hold all matters relating to services performed and the client’s network in strict confidence and shall not disclose same without the prior written consent of the other. Notwithstanding the foregoing, EwrTech shall be permitted to disclose that it has performed work for the client, including the general nature of the work performed.
15. Disputes. Any disputes between the parties less than $5,000 shall be resolved in small claims court in Dallas, TX. Any disputes in excess of $5,000 shall be settled by a mutually agreeable dispute resolution provider, through their established procedures, which shall be binding on the parties. If the parties cannot agree on a provider, then the party filing the arbitration proceeding shall be entitled to choose the dispute resolution provider, such as ARC, ADR Services, or JAMS, but not including the American Arbitration Association (“AAA”). Judgment upon the award rendered by the arbitrator(s) may be entered by any court of competent jurisdiction. The costs of arbitration shall be borne equally by the parties with each party responsible for his or its own attorneys’ fees. The arbitrator(s) shall have the authority to determine all issues of arbitration. The arbitrator(s) may not award punitive or exemplary damages. The parties hereby waive all rights to such damages and to trial by jury.
16. No Third-Party Beneficiaries. If you are not a party to this Agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This Agreement does not create any other third-party beneficiary rights.
17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. The client consents to jurisdiction of said courts, whether State or Federal.
18. Severability. The invalidity or unenforceability of any one or more phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall not affect the validity or enforceability of the remaining portions of this agreement.
19. Force Majeure. No Party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. Any Party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.
A. The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
C. We may consider and approve in our sole discretion other link requests from the following types of organizations:
- Commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
- dot.com community sites;
- associations or other groups representing charities, including charity giving sites,
- online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
• By use of our corporate name; or
• By use of the uniform resource locator (Web address) being linked to; or
21. Copyright and Trademarks. Site or Website means “www.EwrTech.com”. All trademarks, software, scripts, forms, product names, graphics and logos appearing on our website are the property EwrTech LLC. The Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”) that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and Company owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws, you may not upload, post, reproduce or distribute in any way the Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
Scope of Use of Copyright and Trademarks. Company maintains the Site for your personal information, education, and communication. You may download material displayed on the Site for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text and images, without Company’s written permission. Company makes no representation that the information in the Site is appropriate or available for use in locations outside of the United States, and access to the Company Site from territories where the content of the Site may be illegal or inappropriate is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
22. EwrTech Software Use License.
a. If / when permission is granted to temporarily or permanently use our materials, information or software (in any form of code) on EwrTech website or by any digital method, this is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on Net at Work’s web site;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or “mirror” the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by EwrTech at any time. Upon terminating your using of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
If you have any questions, please use our contact form www.EwrTech.com. EwrTech LLC
Updated: 2023