This Policy was updated on June 11, 2024.

Section 1: General Terms and Conditions

1.1 Introduction

These Terms of Service (“Terms”) govern your access to and use of services provided by Texas Technology Group LLC (“TTG,” “we,” “us,” or “our”). By using our services, you agree to be bound by these Terms. If you do not agree, you must not use our services.

1.2 Definitions

• Client: The individual or entity receiving services from TTG.
• Services: Includes managed IT services, website hosting, software development, consulting, and any other offerings provided by TTG.
• Agreement: The collective set of documents, including these Terms, any signed proposals, service level agreements (SLAs), and policies referenced herein.
• Plugins: Software extensions or add-ons sold by TTG, including those available on WordPress.com.
• Digital Products: Any software, plugins, or downloadable content provided by TTG.
• Data Processing Addendum (DPA): A supplemental agreement that outlines TTG’s obligations regarding the processing of personal data under applicable data protection laws, including GDPR and CCPA. The DPA applies when such laws are triggered and forms part of the Agreement.

1.3 Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use TTG’s services. If you are entering into this agreement on behalf of an organization, you represent that you have the authority to bind that entity.

1.4 Modifications

TTG may update these Terms from time to time. Changes will be posted on our website and will become effective upon posting. Continued use of our services after changes are posted constitutes acceptance of the revised Terms.
We will notify you of material changes via email or your account portal at least 30 days in advance, where feasible.

1.5 Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any disputes shall be resolved in the courts located in Harris County, Texas.

1.6 Entire Agreement

These Terms, along with any applicable service agreements, SLAs, policies, and the Data Processing Addendum (where applicable), constitute the entire agreement between you and TTG and supersede any prior agreements or understandings.

1.7 Assignment

You may not assign or transfer your rights or obligations under this Agreement without prior written consent from TTG. TTG may assign this Agreement without notice.

1.8 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

1.9 Force Majeure

TTG shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or internet outages. Examples include pandemics, cyberattacks, or supply chain disruptions.

1.10 Termination and Suspension

TTG reserves the right to suspend or terminate services at its discretion for reasons including, but not limited to, non-payment, breach of agreement, misuse of services, or legal obligations. Upon termination, TTG will provide notice and may assist in service transition if requested. Clients are responsible for any outstanding balances and removal of data or equipment within 30 days of termination notice, after which TTG may delete or dispose of it without liability.

1.11 Dispute Resolution

In the event of a dispute, the parties agree to first attempt resolution through informal negotiation. If unresolved, disputes may be submitted to binding arbitration in Harris County, Texas, in accordance with the rules of the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The prevailing party in arbitration or litigation shall be entitled to recover reasonable attorneys’ fees and costs.

1.12 Security and Compliance

TTG adheres to industry best practices for security and compliance, including but not limited to data encryption, access controls, and vulnerability management. Where applicable, TTG aligns with standards such as SOC 2, ISO 27001, and NIST guidelines to ensure the integrity and confidentiality of client data.

1.13 Waiver Clause

No waiver of any breach shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions.

Section 2: Product Sales and Services – Projects Terms and Conditions

2.1 Scope of Services

TTG provides product sales, custom software development, consulting, and project-based services. Each engagement is governed by a mutually agreed-upon scope of work (“SOW”), proposal, or quote, which outlines deliverables, timelines, and pricing.

2.2 Quotes and Proposals

All quotes and proposals are valid for 30 days unless otherwise stated. TTG reserves the right to modify pricing or scope if the client requests changes after acceptance.

2.3 Project Changes

Any changes to the scope, timeline, or deliverables must be documented and approved in writing by both parties. TTG will provide a revised estimate and timeline if applicable. Changes may result in additional fees and extended timelines; TTG will not proceed without written client approval.

2.4 Delivery and Acceptance

TTG will deliver services and products according to the agreed timeline. Upon delivery, the client will have 15 calendar days to review and accept or request revisions. If no response is received, the deliverables will be deemed accepted.

2.5 Payment Terms

a. Payment Method Requirement
All clients are required to maintain a valid payment method (e.g., credit card, ACH, or other approved method) on file with TTG. This method will be used for billing purposes unless otherwise agreed in writing.

b. Invoice and Auto-Billing
Invoices will be issued upon delivery of services or milestones as outlined in the project scope. If auto-billing is enabled, TTG will charge the payment method on file on the invoice date. Clients will receive a copy of the invoice via email and through the TTG billing portal.

c. Acceptance and Billing Authorization
If no revisions or objections are submitted within fifteen (15) calendar days of invoice delivery, the deliverables will be deemed accepted. TTG will then charge the payment method on file for the full invoice amount.

d. Payment Schedule
Deposits may be required before project commencement. Remaining balances are due according to the schedule outlined in the proposal or SOW. TTG reserves the right to pause work or withhold deliverables if payments are delayed.

e. Failed Payments
If a payment attempt fails, TTG will retry up to three times over a seven-day period. If payment remains unsuccessful, TTG may suspend services until payment is received.

f. Currency and Taxes
All fees are in U.S. dollars unless otherwise specified. Clients are responsible for all applicable taxes, which will be calculated based on the billing address provided.

g. No Refunds
TTG does not offer refunds for completed work, unless explicitly stated in a separate agreement.

h. Late Payments
Invoices not paid within the specified terms may incur a late fee of 1.5% per month or the maximum allowed by law.

i. Digital Products
For Plugins and Digital Products, payment is due in full upon purchase, with immediate delivery via download or access code.

2.6 Warranty and Support

TTG warrants that its services will be performed in a professional and workmanlike manner. Software and hardware warranties are subject to manufacturer terms unless otherwise specified. Post-delivery support may be included or billed separately.

2.7 Intellectual Property

Unless otherwise agreed, TTG retains ownership of any proprietary tools, frameworks, or code used in the development process. Custom deliverables may be transferred to the client upon full payment.

For Plugins, TTG grants a non-exclusive, non-transferable, revocable license for use on a single website/domain unless otherwise specified. Client may not modify, distribute, resell, or reverse-engineer the Plugin.

2.8 Cancellation

If the client cancels a project after commencement, TTG may invoice for work completed to date, including any non-refundable expenses or third-party costs.

For Digital Products like Plugins, cancellations are not permitted after delivery due to their non-returnable nature.

2.9 Limitation of Liability

TTG shall not be liable for indirect, incidental, or consequential damages arising from product use or service delivery. Liability is limited to the amount paid by the client for the specific project.

2.10 Change Management Policy

All changes to project scope, deliverables, or timelines must be submitted through a formal change order process. TTG will evaluate the request, provide an updated estimate and timeline, and require written approval before proceeding. Changes may affect pricing and delivery schedules.

Section 3: Acceptable Use Policy

3.1 Purpose

This Acceptable Use Policy (“AUP”) outlines the rules and guidelines for using Texas Technology Group LLC (“TTG”) services. It is designed to protect the integrity, security, and reliability of our systems, infrastructure, and clients. Clients using Plugins must comply with WordPress.com guidelines and not use them for prohibited activities.

3.2 Prohibited Activities

Clients may not use TTG services to engage in, promote, or facilitate any of the following:

• Illegal Activities: Any activity that violates local, state, federal, or international law.
• Security Violations: Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system.
• Spam and Unsolicited Communications: Sending unsolicited bulk messages, including commercial advertising and informational announcements.
• Malware and Exploits: Distributing viruses, worms, Trojan horses, corrupted files, or any other software intended to damage or disrupt systems.
• Infringement: Violating intellectual property rights, including copyrights, trademarks, patents, or trade secrets.
• Harmful Content: Hosting or distributing content that is defamatory, obscene, abusive, or promotes violence or discrimination.
• Resource Abuse: Excessive use of system resources that disrupts the normal operation of TTG services or affects other clients.

3.3 System and Network Security

Clients must not:

• Interfere with or disrupt the integrity or performance of TTG’s infrastructure or third-party services.
• Attempt to gain unauthorized access to any TTG system or client data.
• Use TTG services to conduct denial-of-service (DoS) attacks or similar disruptive activities.

3.4 Enforcement

Violations of this AUP may result in:

• Immediate suspension or termination of services.
• Legal action, if applicable.
• Notification to law enforcement authorities.

TTG reserves the right to investigate suspected violations and may access, preserve, or disclose information as required to comply with legal obligations or protect TTG, its clients, or the public.

3.5 Reporting Violations

Suspected violations of this policy should be reported to: [email protected]

3.6 Prohibited Hosting Content

Clients may not host content that includes:

• Malware, phishing, or spam scripts
• Adult content or hate speech
• Cryptocurrency mining scripts without approval
• Illegal pharmaceuticals or gambling
• High-resource applications without prior approval

3.7 Hosting Abuse Enforcement

TTG reserves the right to suspend or terminate hosting accounts for violations. No refunds will be issued for abusive behavior. TTG may scan hosted environments for malware and remove harmful content.

Section 4: Service Level Agreement (SLA)

TTG provides service level commitments tailored to each category of service. This section outlines the performance standards, availability guarantees, and support expectations for Managed Services, Website Hosting, and Custom Software Development.

4.1 Managed Services (MSP)

Uptime Guarantee: TTG guarantees 99.9% uptime for systems under active management.
Monitoring: 24/7 network and system monitoring with automated alerts.

4.1a Standard Level Support Response Times:
1. Critical (Priority 1): Response within .5 hours.
2. High (Priority 2): Response within 1 hours.
3. Medium (Priority 3): Response within 2 hours.
4. Low (Priority 4): 4 Response within 4 hours.
4. Maintenance: Scheduled maintenance windows will be communicated at least 48 hours in advance.
5. Escalation: Issues unresolved within SLA timeframes may be escalated to senior engineers or management.

4.1b Executive Level Support Response Times*:
1. Critical (Priority 1): Response within 15 minutes.
2. High (Priority 2): Response within 30 minutes.
3. Medium (Priority 3): Response within 1 hour.

If uptime falls below the guarantee, clients may receive a credit equal to [e.g., 5%] of the monthly fee, upon request.

A Critical Priority ticket would indicate that you are experiencing a complete system outage or critical functionality failure, causing a halt in business operations with significant financial and operational impact.

A High Priority ticket would indicate that you have a major functionality issues or partial system outage, leading to significant disruption of business activities and potential financial losses.

A Medium Priority ticket would be a moderate issue affecting some users or non-critical system components, with limited impact on business operations and manageable disruptions.

A Low Priority ticket would be for a minor issue, new employee onboarding, or requests for information, with negligible impact on business operations, requiring basic support without urgency.

These SLAs are valid only if you use the appropriate communication channels, our main office line, text message our main office line, or via our dedicated support email. Without using one of these channels, we cannot track response times.

*Executive level support requires a subscription and a min of 2 systems at this level.

4.2 Website Hosting

Uptime Guarantee: TTG guarantees 99.95% uptime for hosted websites.
Backup Policy: Daily backups are retained for 30 days.
Bandwidth and Storage: Allocated per hosting plan; overages may incur additional charges.
Support Response Times: Hosting Outages: Response within 1 hour.
General Support: Response within 1 business day.
Security: Hosting environments are protected by firewalls and malware scanning tools.

4.3 Custom Software Development

Delivery Timeline: Defined in the project scope or proposal.
Bug Fixes: Post-delivery bug fixes included for 30 days unless otherwise specified.
Documentation: All deliverables include basic user and technical documentation.

Support Response Times:
1. Critical Bugs: Response within one business day.
2. Minor Issues: Response within 3 business days.
3. Change Requests: Managed through a formal change order process.

For Plugins, support includes bug fixes for 90 days post-purchase; ongoing updates may require a subscription.

Section 5: Cloud Privacy Statement

5.1 Overview

TTG is committed to protecting the privacy and security of client data stored and processed through our cloud services. This Cloud Privacy Statement outlines our data handling practices, user rights, third-party access policies, and compliance with applicable privacy regulations. Where required by applicable data protection laws (e.g., GDPR, CCPA), TTG’s processing of personal data is governed by the Data Processing Addendum (DPA), which supplements these Terms. Clients subject to such laws should review and agree to the DPA.

5.2 Data Collection and Usage

TTG collects only the data necessary to deliver and support our services. This may include contact information, usage logs, system configurations, and other relevant data. We use this data to provide technical support, improve service performance, and ensure system security.

5.3 Data Retention and Deletion

Client data is retained for the duration of the service agreement and may be archived for up to 90 days after termination unless otherwise specified. Clients may request data deletion at any time, subject to legal and contractual obligations.

5.4 Third-Party Access

TTG may engage third-party providers for infrastructure, backup, and support services. These providers are contractually obligated to maintain data confidentiality and comply with applicable privacy laws. TTG does not sell or share client data with third parties for marketing purposes.

5.5 User Rights

Clients have the right to access, correct, and delete their personal data. Requests should be submitted to [email protected]. TTG will respond to such requests in accordance with applicable laws and within a reasonable timeframe.

5.6 Compliance

TTG complies with relevant data protection regulations, including the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR). We implement appropriate technical and organizational measures to safeguard personal data and ensure lawful processing. For international clients, TTG complies with applicable export controls and will not process data in restricted jurisdictions without consent.

5.7 Client Backup Responsibility

Clients are responsible for maintaining regular backups of their data unless backup services are explicitly included in their agreement with TTG. TTG is not liable for data loss resulting from the client’s failure to maintain adequate backups.

TTG recommends clients use independent backup tools; data loss due to client-side issues is not TTG’s responsibility.

5.8 Cookie Usage

TTG uses cookies to enhance user experience, analyze website traffic, and personalize content. Cookies may store session data, preferences, and authentication tokens. Users can manage cookie preferences via browser settings. Declining cookies may impact website functionality.

5.9 Third-Party Marketing and Data Sharing

TTG does not sell or lease personal data to third parties. Promotional communications from third parties will only be sent with explicit client consent.

5.10 Data Access Requests

Clients may request access to personal data held by TTG. Requests should be submitted to [email protected]. TTG may charge a reasonable fee for data access in accordance with applicable laws.

Section 6: Colocation Services Terms and Conditions

6.1 Facility Access

Clients with colocation services will be granted access to TTG’s data center facilities as outlined in their service agreement. Access may be restricted to authorized personnel and subject to scheduling and security protocols.

6.2 Equipment Responsibility

Clients are responsible for the installation, maintenance, and operation of their own equipment within TTG’s colocation facilities. TTG is not liable for any damage or loss resulting from client equipment failure or misuse.

6.3 Power and Bandwidth Usage

Power and bandwidth usage will be monitored and billed according to the terms specified in the client’s agreement. Excessive usage beyond the agreed limits may result in additional charges or service restrictions.

6.4 Insurance and Liability

Clients must maintain appropriate insurance coverage for their equipment and operations within TTG’s facilities. TTG disclaims liability for any indirect, incidental, or consequential damages related to colocation services.

6.5 Termination

TTG reserves the right to terminate colocation services for breach of agreement, non-payment, or misuse of facilities. Upon termination, clients must remove all equipment within ten (10) business days unless otherwise agreed.

Section 7: Network Monitoring / Managed Services Terms and Conditions

7.1 Scope of Services

TTG provides network monitoring and managed IT services, including system health checks, performance optimization, patch management, security monitoring, and alerting. Services are tailored to each client’s infrastructure and documented in the applicable service agreement.

7.2 Monitoring Protocols

TTG utilizes automated tools and manual oversight to monitor client systems for uptime, performance, and security threats. Monitoring is conducted 24/7 unless otherwise specified. Alerts are generated for critical events and escalated according to predefined procedures.

7.3 Incident Response

TTG will initiate incident response protocols upon detection of a service-impacting event. This includes remote diagnostics, client notification, and resolution steps. TTG will make commercially reasonable efforts to resolve issues within the timeframes defined in the applicable SLA.

7.4 Client Responsibilities

Clients must provide TTG with access to relevant systems, credentials, and documentation necessary for monitoring and support. Clients are responsible for maintaining secure passwords, notifying TTG of infrastructure changes, and complying with TTG’s Acceptable Use Policy. Client agrees to indemnify TTG against claims arising from client’s data or misuse of monitored systems.

7.5 Service Limitations

TTG’s managed services do not include hardware replacement, on-site support (unless specified), or support for third-party applications not covered in the agreement. TTG is not liable for issues arising from client misconfiguration, unauthorized changes, or force majeure events.

7.6 Maintenance and Updates

TTG will perform routine maintenance and updates to monitored systems as agreed. Maintenance windows will be scheduled in advance and communicated to the client. Emergency maintenance may be performed without prior notice to protect system integrity.

7.7 Data Access and Confidentiality

TTG will access client systems only as necessary to perform monitoring and support functions. All data accessed during service delivery will be treated as confidential and handled in accordance with TTG’s Privacy Policy and applicable data protection laws.

7.8 Termination of Monitoring Services

Upon termination of monitoring services, TTG will cease all monitoring activities and revoke access credentials. Clients are responsible for transitioning monitoring responsibilities and ensuring continuity of service.

7.9 Legal Protections and Indemnity

TTG shall not be liable for any indirect, incidental, or consequential damages arising from monitoring services. Clients agree to indemnify and hold TTG harmless from any claims resulting from misuse, misconfiguration, or unauthorized access to monitored systems.

Section 8: Compute and Storage Product Sales and Service Terms and Conditions

8.1 Scope of Products and Services

TTG offers compute and storage solutions, including servers, workstations, networking hardware, storage arrays, and related software. These products may be sold individually or as part of a bundled solution with installation and configuration services.

8.2 Hardware and Software Warranties

All hardware is covered under the manufacturer’s warranty unless otherwise specified. TTG does not provide additional warranties unless explicitly stated in the sales agreement. Software warranties are subject to the terms of the software vendor or licensing agreement.

8.3 Installation and Configuration

TTG offers professional installation and configuration services for compute and storage products. These services may include physical setup, operating system installation, network integration, and performance optimization. Fees for installation are outlined in the applicable quote or service agreement.

8.4 Licensing

Clients are responsible for maintaining valid licenses for all software installed on TTG-provided hardware. TTG may assist in license procurement and activation, but is not liable for license compliance beyond initial setup.

8.5 Returns and Replacements

Returns are subject to TTG’s return policy and may require manufacturer approval. Products must be returned in their original condition and packaging. Restocking fees may apply. Replacements for defective items will be processed according to manufacturer guidelines.

8.6 Service Limitations

TTG is not responsible for data loss, software corruption, or hardware failure resulting from misuse, environmental damage, or unauthorized modifications. Support for third-party applications or integrations is not included unless specified in the agreement.

8.7 Liability

TTG’s liability for compute and storage products is limited to the purchase price of the product or service. TTG shall not be liable for indirect, incidental, or consequential damages arising from product use or failure.

Section 9: Confidentiality and Non-Disclosure

9.1 Confidential Information

Each party agrees to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the engagement. This includes business plans, technical data, customer information, and any other non-public information.

9.2 Exceptions

Confidential information does not include information that:

• It is publicly available through no fault of the receiving party.
• Was known to the receiving party prior to disclosure.
• Is disclosed with the prior written consent of the disclosing party.
• It is required to be disclosed by law or court order.

9.3 Duration

The confidentiality obligations shall survive for a period of three (3) years following the termination of services.

9.4 Trade Secrets

For trade secrets, confidentiality obligations are perpetual.