Service Terms and Disclaimer
Introduction
Welcome to Falcon Byte’s Service Terms and Disclaimer (“Terms”). By engaging with our services, you agree to be bound by these Terms. Falcon Byte (“we,” “us,” or “our”) provides professional IT consulting and technology services designed to assist with various IT-related needs, including but not limited to system analysis, troubleshooting, automation, security advisory, cloud infrastructure guidance, and general technology consulting.
Falcon Byte is a Texas limited liability company duly organized and existing under the laws of the State of Texas.
Scope of Services
Our services include, but are not limited to:
- Technology consulting and advisory services
- System analysis and troubleshooting
- General IT support and recommendations
- Security and cloud infrastructure guidance
- Workflow and automation consulting
- Microsoft 365 deployment and management
- Managed services and ongoing administrative oversight
These Terms govern your use of any services we provide. Any additional or modified services provided in the future will also be subject to these Terms unless superseded by a separate written agreement.
Limitation of Liability
Data Loss & Security Incidents
Falcon Byte shall not be responsible for any data loss, data breaches, ransomware incidents, or computer virus/malware infections that may occur. Due to the ever-evolving nature of technology and the inherent risks associated with digital systems and digital data, complete immunity from such incidents cannot be guaranteed.
Indirect or Consequential Damages
In no event shall Falcon Byte be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, business interruption, reputational harm, or loss of data, even if advised of the possibility of such damages.
Aggregate Liability Cap
To the fullest extent permitted by law, Falcon Byte’s total cumulative liability for any and all claims arising out of or relating to services provided shall not exceed the total fees paid by the client to Falcon Byte during the three (3) months preceding the event giving rise to the claim.
Disclaimer of Errors and Omissions
While Falcon Byte endeavors to provide accurate and reliable information, recommendations, and services, we do not warrant or guarantee the completeness, accuracy, or adequacy of the guidance provided. We expressly disclaim any and all liability for errors or omissions, or for the results obtained from the use of the information or services provided.
Client Verification: Clients are encouraged to independently verify any information or recommendations before implementing changes to their systems.
No Assumption of Liability: Falcon Byte shall not be held liable for any claim arising out of or in connection with reliance on the accuracy or reliability of the services provided.
No Warranty or Guarantee
No Express or Implied Warranties
All services are provided “as is” and without warranty of any kind. Falcon Byte disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Technology Variability
Given the evolving nature of technology, Falcon Byte does not guarantee that recommended systems, configurations, tools, or methods will remain uninterrupted, secure, or error-free over time.
Data Protection and Security
Best Practices
Falcon Byte endeavors to follow commercially reasonable and industry-recognized security practices.
No Absolute Guarantee
No system can be guaranteed 100% secure. Clients remain responsible for implementing appropriate safeguards, employee policies, cybersecurity training, backups, and insurance coverage.
Client Responsibility
Regulatory Compliance
Clients are solely responsible for ensuring compliance with applicable federal, state, and local laws and industry regulations.
Decision-Making
Clients are responsible for decisions made based on guidance provided by Falcon Byte and should consult appropriate licensed professionals when necessary.
Insurance Recommendation
Cyber threats, including ransomware and business email compromise, pose material risk to modern businesses. While Falcon Byte works to reduce risk exposure, we strongly recommend clients maintain appropriate cyber liability or technology insurance coverage.
User Data and Privacy
Falcon Byte does not sell or monetize client data. Client information is used solely for service delivery and communication. While we implement reasonable safeguards, no data transmission or storage system can be guaranteed fully secure.
Credit and Prepayments
Account Credit Policy
Advance payments, credits, or overpayments will be applied to future invoices.
No Refund Policy
Prepayments and credits are non-refundable unless required by law or expressly agreed to in writing.
Late Payments and Non-Payment
Payment Terms
Payment is due upon receipt unless otherwise agreed in writing.
Late Fees
Invoices unpaid after sixty (60) days may accrue interest at 1.5% per month (18% annually) or the maximum permitted by law.
Suspension of Services
Falcon Byte may suspend services for accounts more than sixty (60) days past due.
Collections and Legal Fees
Clients agree to pay all reasonable costs of collection, including attorney’s fees and court costs.
Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
Any legal action or proceeding arising out of or relating to these Terms or the services provided shall be brought exclusively in the state courts located in Tarrant County, Texas, or, where applicable, the United States District Court having jurisdiction over Tarrant County, Texas. The parties consent to the exclusive jurisdiction and venue of such courts.
Severability
If any provision of these Terms is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it enforceable while preserving the original intent of the provision.
Changes to Terms
Falcon Byte reserves the right to modify these Terms at any time. Continued engagement of services or remittance of payment after changes are posted constitutes acceptance of the revised Terms.
By engaging Falcon Byte’s services or submitting payment, you acknowledge that you have read, understood, and agree to be bound by these Terms.