Terms of Use

1. Acceptance of These Terms

By accessing or using the website located at www.bacsit.com (the “Site”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, please do not access or use this Site.

These Terms govern your access to and use of this Site only. They do not govern any services that BACS may provide to clients under a separate executed services agreement. If you are a BACS client, your use of any managed IT services is governed exclusively by the applicable Master Services Agreement or Statement of Work between you and BACS.

BACS reserves the right to update or modify these Terms at any time. For material changes, BACS will provide reasonable notice by posting the updated Terms on this page with a revised effective date. Your continued use of the Site following any posted changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

2. About This Site

This Site is operated by BACS Consulting Group, a managed IT services provider located at 1793 Lafayette St., Ste. 120, Santa Clara, CA 95050. The Site is an informational website intended to describe our services, share resources, and enable prospective and existing clients to contact us.

The information, content, and materials on this Site are provided for general informational purposes only. Nothing on this Site constitutes a binding offer to provide services, a warranty of any kind, or professional advice of any type (including legal, financial, or technical advice). Any engagement with BACS for managed IT services requires a separately negotiated and executed agreement.

3. Permitted Use

You may access and use this Site for lawful, personal, and informational purposes only, subject to these Terms. You agree not to use this Site in any manner that:

• Violates any applicable federal, state, local, or international law or regulation
• Infringes or misappropriates the intellectual property rights of BACS or any third party
• Transmits unsolicited advertising, spam, or promotional material
• Introduces or attempts to introduce viruses, malware, Trojan horses, worms, or other malicious code
• Attempts to gain unauthorized access to any portion of the Site, its hosting infrastructure, or any related systems or networks
• Uses automated tools such as bots, scrapers, or crawlers to access or collect data from the Site without our express written permission
• Impersonates BACS, its employees, or any other person or entity, or misrepresents your affiliation with any party
• Interferes with or disrupts the integrity, security, or performance of the Site

BACS reserves the right, in its sole discretion, to terminate or restrict your access to the Site at any time, with or without notice, for conduct that violates these Terms or applicable law.

4. Intellectual Property

The Site and all of its content — including but not limited to text, graphics, logos, images, photographs, icons, audio clips, and software — are owned by BACS Consulting Group or its licensors and are protected under United States and international copyright, trademark, trade dress, and other intellectual property laws.

“BACS” and related logos and marks are trademarks of BACS Consulting Group. Nothing in these Terms grants you any right to use any trademark, service mark, or logo of BACS without prior written consent.

You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, transmit, or commercially exploit any content from this Site without the prior written consent of BACS, except that you may:

• Print or download a single copy of a reasonable number of pages for personal, non-commercial informational use, without modification
• Share direct links to Site pages, provided you do not frame or mirror Site content on another website

5. Client Portal Access

Certain restricted areas of this Site are accessible only to authorized BACS clients and staff through a client portal or support ticketing system. Access to these areas is governed by the credentials issued to you and the terms of your applicable services agreement with BACS.

You are responsible for:

• Maintaining the strict confidentiality of your login credentials
• All activity that occurs under your account or using your credentials
• Promptly notifying BACS if you suspect any unauthorized use of your account or any other breach of security

BACS reserves the right to suspend or terminate portal access for any user at any time for any reason, including suspected breach of these Terms or the applicable services agreement. BACS will not be liable for any loss or damage arising from your failure to comply with this section.

6. Contact Forms and Inquiries

When you submit a contact form or inquiry through this Site, you consent to being contacted by BACS in connection with your submission. BACS does not guarantee response times. Submission of a form does not create a client relationship, contractual obligation, or attorney-client relationship between you and BACS.

All information submitted through contact forms is subject to our Privacy Policy.

7. Disclaimer of Warranties

THIS SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BACS CONSULTING GROUP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

BACS makes no warranty that: (a) this Site will meet your requirements; (b) access to the Site will be uninterrupted, timely, or error-free; (c) the information or content on the Site is accurate, complete, reliable, or current; or (d) any errors or defects in the Site will be corrected. Any reliance you place on information obtained from this Site is strictly at your own risk.

These disclaimers apply solely to this informational website. They do not reflect the security standards, service level commitments, or performance obligations set forth in BACS’s managed services agreements with its clients.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BACS CONSULTING GROUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THIS SITE OR ANY CONTENT ON IT, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, EVEN IF BACS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall BACS’s total cumulative liability to you for all claims arising from your use of this Site exceed the total amounts, if any, paid by you to BACS in the twelve (12) months immediately preceding the claim giving rise to liability. If you have not made any payments to BACS, the liability cap shall be one hundred dollars ($100.00). This limitation does not apply to liability arising from BACS’s gross negligence or willful misconduct.

9. Force Majeure

BACS shall not be liable for any failure or delay in making this Site available due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, government actions, cyberattacks, ransomware or other criminal acts of third parties, internet or telecommunications failures, power outages, or epidemic or pandemic conditions. BACS will use commercially reasonable efforts to restore Site availability as soon as practicable following any such event.

10. Third-Party Links

This Site may contain links to third-party websites. These links are provided solely for convenience and informational purposes. BACS has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of any linked third-party websites. The inclusion of any link on this Site does not imply endorsement or affiliation. You access third-party sites at your own risk.

11. Indemnification

You agree to defend, indemnify, and hold harmless BACS Consulting Group and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your willful misconduct or negligence in connection with your use of the Site; or (c) your infringement of any third-party right, including any intellectual property or privacy right.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Prior to initiating any legal proceeding, the parties agree to attempt resolution through good-faith negotiation for a period of thirty (30) days following written notice of the dispute.

If good-faith negotiation does not resolve the dispute, any claim or controversy arising out of or relating to these Terms or your use of this Site shall be resolved exclusively in the state or federal courts located in Santa Clara County, California. By accessing this Site, you consent to the personal jurisdiction of such courts and waive any objection based on improper venue or inconvenient forum.

13. Severability and Waiver

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall continue in full force and effect. No waiver by BACS of any breach of these Terms shall be deemed a waiver of any prior or subsequent breach.

14. Entire Agreement

These Terms of Use, together with our Privacy Policy and Website Accessibility Policy, constitute the entire agreement between you and BACS with respect to your access to and use of this Site. They supersede all prior discussions, representations, or understandings regarding your use of this Site. These Terms do not govern any services provided by BACS under a separately executed client services agreement.

15. Contact Information

If you have questions or concerns about these Terms of Use, please contact us:

BACS Consulting Group

1793 Lafayette St., Ste. 120, Santa Clara, CA 95050

Email: info@bacsit.com

Website: www.bacsit.com