1. Agreement to Terms

By accessing our website (cactusit.net), using our client portal, or engaging Cactus IT Solutions LLC ("Cactus IT," "we," "our," or "us") for managed IT services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please do not use our website or services.

These terms apply in addition to any separate service agreement or statement of work executed between Cactus IT and your business. In the event of a conflict, the signed service agreement takes precedence.

2. Services Overview

Cactus IT Solutions provides managed IT support, cybersecurity services, network administration, cloud management, and related technology services to small and medium-sized businesses in Arizona. The specific scope of services for each client is defined in their individual service agreement or proposal.

We reserve the right to modify, update, or discontinue any service offering with reasonable notice to affected clients.

3. Client Responsibilities

To ensure we can deliver effective IT support, clients agree to:

• Provide timely and accurate information about their IT environment and business needs
• Maintain reasonable physical and digital security practices within their organization
• Notify us promptly of any security incidents, system changes, or issues that may affect service delivery
• Ensure authorized personnel are available to approve changes and provide access as needed
• Keep account credentials and portal login information secure and confidential
• Pay invoices in accordance with the agreed-upon billing terms

4. Service Availability and Support Hours

Our standard support hours are Monday through Friday, 8:00 AM to 5:00 PM MST, excluding major holidays. Emergency and after-hours support availability varies by service plan and is defined in your service agreement.

While we strive for maximum uptime and responsiveness, we do not guarantee uninterrupted service. Planned maintenance windows will be communicated in advance whenever possible.

5. Billing and Payment

Service fees are outlined in your individual service agreement or proposal. Unless otherwise specified:

• Recurring service fees are billed monthly in advance
• One-time project fees are billed upon completion or as defined in the project scope
• Payment is due within 30 days of the invoice date unless otherwise agreed
• Late payments may be subject to a service suspension after written notice and a reasonable cure period

We reserve the right to adjust pricing with 30 days' written notice. Clients may cancel their service agreement as outlined in their contract terms.

6. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of Cactus IT Solutions LLC or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without written permission.

Any scripts, automation tools, or custom configurations developed by Cactus IT specifically for a client's environment remain the intellectual property of Cactus IT unless explicitly transferred in writing.

7. Confidentiality

We understand that providing IT services requires access to sensitive business information. We treat all client data, system configurations, credentials, and business information as confidential. Our team members are bound by confidentiality obligations, and we implement appropriate safeguards to protect your information.

Clients likewise agree to keep confidential any proprietary tools, processes, or documentation provided by Cactus IT.

8. Limitation of Liability

To the maximum extent permitted by law, Cactus IT Solutions LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to our services, including but not limited to loss of data, loss of revenue, or business interruption.

Our total liability for any claim arising from our services shall not exceed the total fees paid by the client to Cactus IT during the twelve (12) months preceding the claim. This limitation applies regardless of the theory of liability.

We are not liable for damages resulting from circumstances beyond our reasonable control, including natural disasters, power outages, internet service disruptions, third-party software failures, or cyberattacks that circumvent industry-standard security measures.

9. Indemnification

You agree to indemnify and hold harmless Cactus IT Solutions LLC, its owners, employees, and partners from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your misuse of our services, violation of these terms, or infringement of any third-party rights.

10. Termination

Either party may terminate the service relationship in accordance with the terms outlined in the signed service agreement. In the absence of a specific termination clause, either party may terminate with 30 days' written notice.

Upon termination, we will provide reasonable assistance in transitioning your systems and data to a new provider. Client data will be returned or securely deleted in accordance with our data retention policies and any applicable legal requirements.

11. Website Use

By using our website, you agree not to:

• Use the site for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any part of the site or its systems
• Interfere with or disrupt the website's functionality or security
• Scrape, copy, or reproduce website content without permission

We reserve the right to restrict or terminate access to our website at our discretion.

12. Dispute Resolution

Any disputes arising from these terms or our services shall first be addressed through good-faith negotiation between the parties. If a resolution cannot be reached within 30 days, the dispute shall be resolved through binding arbitration in Maricopa County, Arizona, in accordance with applicable Arizona state law.

13. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.

14. Changes to These Terms

We reserve the right to update these Terms of Service at any time. Changes will be posted on this page with an updated effective date. Continued use of our website or services after changes are posted constitutes your acceptance of the revised terms.

15. Contact Us

If you have questions about these Terms of Service, please contact us:

Cactus IT Solutions LLC
Email: support@cactusit.net
Phone: (480) 269-4425
Hours: Monday–Friday, 8am–5pm MST