Terms of Service

Technical Service Consultations

GINATECH, LLC & Associates will set up a 30 minute consultation  to gather needed information to determine services that are right for you. 

You might be given a questionnaire to review before the consultation which will help us determine your needs.

Technical Service Specifications & Requirements

Complex projects will require regular scheduled meetings to discuss updates, progress, and any changes or project timeframe changes. Fees will apply.

Integrity and Backup Copies of Data

The Client assumes all responsibility for their files. 

GINATECH, LLC does keep a backup copy of your files during  technical service if required. 

After the project or service is completed, it is your responsibility to keep backup copies of your data in case of emergency.

GINATECH, LLC will provide you with final project or data files at the time of your project or service completion. The file will allow you to restore your computer  to its original state, should you ever need it. GINATECH, LLC will keep a copy of the backup files only until the service is completed, and then will be deleted/destroyed.

*GINATECH, LLC can arrange for a regular maintenance plan(s) as an additional service.

Limitation of Liability

Client agrees that it shall not hold GINATECH, LLC  and/or Associates liable for any incidental or consequential damages that arise from  any external or internal attack to their data and/or any aspect of the project.

GINATECH, LLC can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Finally, if any provision of this contract we sign with you shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

At the beginning of the signed contract, GINATECH, LLC  & Associates will make efforts to confirm and convey to the Client the current security status and security options available to avoid  the Client’s project  environment against hijacking, virus, and denial of service attacks, but will not be liable for any losses sustained by the Client due to malicious or illegal activity. 

Any opinions or information given to the client by GINATECH, LLC or any party working with GINATECH, LLC such as privacy policy regulations or GDPR requirements are not legal advice and should not be taken as such. WE ARE NOT LAWYERS OR CLAIM TO KNOW THE INS AND OUTS OF THE LAW, thus we cannot be held liable for any advice or recommendations we may give. Please check with your lawyer on any legality that might have to do with privacy policies and encryption of data.

As stated above, GINATECH, LLC will not be liable for any security breach and/or  losses or costs in lawsuits because of that breach. 

Termination of Contract

The client or GINATECH, LLC may cancel an existing (open) contract between the parties.

Maintenance Plans

If you sign up for a GINATECH, LLC maintenance plan or hire GINATECH, LLC to perform backups and security protection updates and scans, you are giving permission to GINATECH, LLC to access your pc and or laptop environment and perform the tasks hired for. 

GINATECH, LLC does not perform automatic backups, please be aware that it is still advisable to have an automatic daily backup solution in place.  On rare occasions, backups like any computer file can get corrupted and unusable. This is why it is recommended to have at least two backup solutions. GINATECH, LLC can assist in verifying and/or assist the Client in purchasing a backup solution for your environment.

Verification of any backup service solution that may be in place already will be provided to the Client at the beginning of a project after the signed contract. 

If a backup service solution is needed and requested to be put into place, there could  be an additional fee for the setup that is not included as part of the project or work needed unless previously discussed and cost included in the original Statement of Work, and will depend on complexity of backup service and setup required.

GINATECH, LLC will not be held liable financially or otherwise for any loss due to a corrupt file or the inability to restore your data.

The cost of restoring data is not part of a backup service. This is considered an emergency service and can incur a premium fee of $150 per hour. (Minimum 1 hour).

Limitation of Liability

Client agrees to hold GINATECH, LLC harmless from any claims or causes of action, incidental damages, actual damages, or consequential damages, whatsoever, as a result of the third party software  and/or services provided by any web hosts, applications, backup hardware and software including any loss of revenue that might have or allegedly have occurred.

This includes but is not limited to, the intentional, unintentional, or negligent acts in the performance of a service, and/or any third party. 

Outages

Hacking from outside sources is a common challenge with any service. 

GINATECH, LLC & Associates  cannot be held liable if your data is hacked.

It is the client’s responsibility to make sure their data is kept up to date and secure and to have a backup of their data in case their data is corrupted by a hacker, user, or themselves.

GINATECH, LLC will recover to the best of their ability any  data and the client will be charged an hourly rate to do so. Keeping core systems, hardware and software updated is no guarantee that your system cannot be hacked and we make no claim of this. This also includes any downtime that could occur.

Recommendations and Referrals by GINATECH, LLC

From time to time GINATECH, LLC may make referrals to Associate to a client. Though we have faith in our recommendations, we do not warrant their work or accept any liability for mistakes that they might occur from their work.

Recommended businesses or certain individuals are not employees of GINATECH, LLC and we receive no direct financial benefit from  recommendations unless otherwise stated. GINATECH, LLC clients are free to use whomever they wish for anything other need such as a project or technical service. 

Right of Refusal

GINATECH, LLC reserves the right to refuse to do business with any individual and/or company we deem to be unfit due to content or  anything otherwise. This includes, but is not limited to, data containing adult material such as pornography, individuals or businesses in which promote or encourage hatred towards persons belonging to any ethnic group, religion, or sexual orientation, or which promote suicide or self-harm, and data which infringes copyright or are contrary to United States laws.

Newsletters

From time to time GINATECH, LLC will send its clients newsletters with information we feel is important for the client to know about. We try to limit these emails to no more than once a month. As a client, you are automatically added to our newsletter system. A client can always opt-out of these emails by clicking on the unsubscribe link in the email or contacting GINATECH, LLC by email.

Arbitration

This Agreement, and any related Statements of Work, shall be construed in accordance with, and governed by, the laws of the State of Ohio without regards to Conflict of Law principles. In the event of any dispute or disagreement with respect to the meaning, effect or interpretation of this Agreement or in the event of a claimed breach of this Agreement, the parties hereto agree that such dispute shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules.

The arbitration shall be conducted in Greene County, Ohio unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.

Terms of Service Changes

GINATECH, LLC terms of service are subject to change without notice if we decide to change our terms of service agreement, we will post those changes to our website and any other places we deem appropriate. You can find the latest version of our terms of service always at this URL https://www.ginatechnology.com.