Terms of Service
1. Acceptance of Terms
By accessing or using the services provided by Rabidou Consulting Inc. (“Company”), located at 269 Plantation Street, Worcester, MA 01604, you (“Client”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use our services.
2. Services Provided
The Company offers a range of services, including but not limited to:
- IT Managed Services
- Physical Security & Surveillance
- Technology Consulting
- Home Automation
- Voice Over IP (VoIP)
- Smart Home Solutions
- WiFi & Networking
- Home Security
- Smart Lighting
- Home Audio & Video
- Automation & Comfort
- Outdoor Audio
- Landscape Lighting
- Jellyfish Lighting
- Remote Support
3. Service Limitations
While the Company endeavors to provide services of the highest quality, it cannot and does not guarantee that its services will be uninterrupted, error-free, or fully meet the Client’s individual requirements at all times. Various factors beyond the Company’s control, such as third-party system dependencies, network outages, or unforeseen technical issues, may impact the performance or availability of services. The Client acknowledges that such interruptions or delays are inherent risks associated with technology-driven services.
The Company disclaims all liability for any direct, indirect, incidental, or consequential damages arising from service interruptions, errors, or delays, including, but not limited to, financial losses, loss of data, missed deadlines, or business disruptions. The Client agrees to implement appropriate safeguards, including backup systems and redundancy measures, to mitigate risks associated with any potential service outages or failures. It is the Client’s responsibility to ensure these measures are in place and operational.
Furthermore, the Company shall not be held accountable for any delays, delivery failures, or damages caused by circumstances beyond its reasonable control, including acts of God, third-party breaches, cyberattacks, power outages, or regulatory changes. By engaging the Company’s services, the Client accepts these limitations and waives any claims against the Company for damages arising from such issues. The Client agrees to indemnify and hold the Company harmless for any losses, claims, or liabilities arising from their use of the services.
4. Client Responsibilities
The Client agrees to:
- Provide accurate and complete information as required for the provision of services.
- Ensure that all necessary permissions and authorizations are obtained for the Company to perform the services.
- Maintain the confidentiality of any login credentials or access information provided by the Company.
5. Fees and Payment
The Client agrees to pay all fees associated with the services provided by the Company as outlined in the respective service agreements. Payments are due upon receipt unless otherwise specified. Late payments may incur interest charges and could result in suspension of services.
6. Confidentiality
The Client agrees to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the services. This obligation shall survive the termination of these Terms.
7. Intellectual Property
All intellectual property rights related to the services provided, including but not limited to software, documentation, and methodologies, remain the property of the Company. The Client is granted a non-exclusive, non-transferable license to use such materials solely for their intended purpose.
8. Limitation of Liability
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- The Client’s use or inability to use the services.
- Any unauthorized access to or use of the Company’s servers and/or any personal information stored therein.
- Any interruption or cessation of transmission to or from the services.
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the services by any third party.
- Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services.
In no event shall the Company’s total liability to the Client for all claims related to the services exceed the amount paid by the Client to the Company for the specific service in question.
9. Indemnification
The Client agrees to indemnify, defend, and hold harmless the Company, its affiliates, officers, agents, and employees from any claim, demand, damages, or costs arising out of the Client’s use of the services, violation of these Terms, or infringement of any intellectual property or other right of any person or entity.
10. Termination
Either party may terminate the service agreement with prior written notice as specified in the respective service agreements. Upon termination, the Client shall pay for all services rendered up to the termination date. The Company reserves the right to terminate services immediately if the Client breaches any of these Terms.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Worcester County, Massachusetts.
12. Amendments
The Company reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Company’s website. The Client’s continued use of the services after any such changes constitutes acceptance of the new Terms.
13. Contact Information
For any questions or concerns regarding these Terms, please contact us at:
Rabidou Consulting Inc.
269 Plantation Street
Worcester, MA 01604
hello@rcitinc.com
(508) 365-6399
14. Entire Agreement
These Terms, along with any applicable service agreements, constitute the entire agreement between the Client and the Company regarding the use of services and supersede any prior agreements or understandings.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions shall remain in full force and effect.
16. Waiver
The failure of either party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
17. Force Majeure
The Company shall not be liable for any failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
18. Assignment
The Client may not assign any of its rights or obligations under these Terms without the prior written consent of the Company. The Company may assign its rights and obligations to a third party without the Client’s consent.
19. No Third-Party Beneficiaries
These Terms do not confer any rights or remedies upon any person other than the parties to this agreement.
20. Independent Contractors
The relationship between the Client and the Company is that of independent contractors, and nothing in these Terms shall be construed to create a partnership, joint venture, or agency relationship.
21. Compliance with Laws
The Client agrees to comply with all applicable laws and regulations in connection with the use of the services provided by the Company.
22. Data Protection
The Company will take reasonable measures to protect any personal data provided by the Client in accordance with applicable data protection laws. However, the Client acknowledges that no data transmission over the internet can be guaranteed to be completely secure, and the Company cannot ensure or warrant the security of any information transmitted to the Company.
23. Electronic Communications
By using the Company’s services, the Client consents to receive electronic communications from the Company. These communications may include notices about the Client’s account and information concerning or related to the services. The Client agrees that any notices, agreements, disclosures, or other communications that the Company sends electronically will satisfy any legal communication requirements, including that such communications be in writing.
24. Feedback
Any feedback, comments, or suggestions the Client may provide regarding the Company or the services is entirely voluntary, and the Company will be free to use such feedback, comments, or suggestions as it sees fit and without any obligation to the Client.
25. Survival
The provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
26. Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
27. Notices
All notices or other communications required or permitted under these Terms shall be in writing and shall be deemed to have been duly given when delivered in person, sent by certified mail, return receipt requested, or by email to the addresses provided by the parties.
28. Counterparts
These Terms may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.
29. Electronic Signatures
The parties agree that electronic signatures, whether digital or encrypted, are intended to authenticate these Terms and to have the same force and effect as manual signatures.
30. Acknowledgment
By using the Company’s services, the Client acknowledges that they have read, understood, and agree to be bound by these Terms.
31. Contact Information
For any questions or concerns regarding these Terms, please contact us at:
Rabidou Consulting Inc.
269 Plantation Street
Worcester, MA 01604
hello@rcitinc.com
(508) 365-6399