Policies

Acceptance of Agreement

Please read this agreement carefully, as it includes warranty disclaimers and other provisions that limit our liability to you. For the purposes of this agreement, all references to FUSION1 IT SOLUTIONS include the following website names and URLs: www.fusion1it.com ; www.unlimitedtech.support ; www.mydex.space ; www.virtualdaas.com. The websites operated by FUSION1 IT SOLUTIONS are for commercial business services. This agreement is solely between you (a visitor or user), the party set forth in any service order forms (“The Customer”) incorporated herein by reference (submitted by The Customer, the “Order Form”) and FUSION 1 IT SOLUTIONS (the site owner, “The Company”) regarding your use of the site, and applies to the purchase of all services ordered by The Customer (collectively, the “Services”). By accessing, using, or submitting information to the site, you agree to comply with and be bound by the terms and conditions listed below (collectively, the “Agreement”), as well as all other applicable laws and regulations.

Your use of this Website

By using this website, you agree to the terms outlined in this Agreement. We reserve the right to modify the Agreement at any time, at our sole discretion, without prior notice. You agree to comply with and be bound by all terms within the Agreement, effective as of the date you access the website.

You are prohibited from violating or attempting to violate any of the Site’s security features, including but not limited to:

     (a)        Accessing content or data not intended for you, or logging into a server or account you are not authorized to access;

     (b)        Attempting to probe, scan, or test the vulnerability of the Site or any associated system or network, or breaching security or authentication measures without proper authorization;

     (c)        Interfering with or attempting to interfere with the proper operation of any host, user, or network, including, without limitation, by submitting a virus to the Site, overloading, “spamming,” “mail bombing,” or “crashing”;

     (d)        Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or translate any source code used to deliver the Site into a form understandable by humans.

Any breach of the system or network security may result in criminal or civil penalties.

Disclaimer

FUSION 1 IT SOLUTIONS is solely responsible for provisioning the services offered on this website.

Our website at www.fusion1it.com provides detailed information about the products and services offered by our company. We update this information on a regular basis as it changes and make every attempt to do so in a timely manner. However, this information is being provided without warranty as the accuracy of the content displayed cannot always be guaranteed.

Customer Accounts

The email address provided when signing up for any services will be used to setup a customer account. It is the Customer’s responsibility to ensure the email address in the customer profile is always current and up-to-date. It is the Customer’s responsibility to ensure that the contact information for the customer account is correct and up-to-date. If the Customer needs to verify or change this information, the primary contact person must make the request to the FUSION 1 IT SOLUTIONS support team via email. Providing false contact information of any kind may result in the termination of the account. Failure to meet these requirements may result in services being terminated or future service orders being denied.

Remote Technical Support

FUSION 1 IT SOLUTIONS may offer remote services, including live technical support and troubleshooting over the phone or through your computer or device (collectively, the “Remote Services”). Use of the Remote Services is subject to the terms and conditions of this Agreement.

     (a)       By using Remote Services, the Customer authorizes FUSION 1 IT SOLUTIONS, its employees, and its contractors, to access and control the Customer’s computer, including the installation of and use of software, the collection of system data, and modifying device settings for the purposes of diagnosis, service, and repair.

     (b)       FUSION 1 IT SOLUTIONS, its employees and contractors, will have no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the Remote Services.

     (c)       FUSION 1 IT SOLUTIONS does not provide separate backup copies or support installation of unlicensed software to customers. It is the Customer’s responsibility to ensure that a licensed copy of all necessary software is used.

     (d)       FUSION 1 IT SOLUTIONS will use its commercially available resources to resolve your problem. However, we cannot guarantee that we can solve all problems. The provision of Services may not be successful because the problem is beyond our ability to resolve remotely.

     (e)       The Customer grants FUSION 1 IT SOLUTIONS permission to monitor and record the Remote Services, including telephone calls and online sessions for purposes of improving customer service, internal training, and internal market research. The Customer further grants FUSION 1 IT SOLUTIONS permission to use or disclose any such information as necessary or appropriate to provide the Remote Services and to protect themselves and/or other customers; and to enhance the types of Remote Services provided in the future.

     (f)       Agents providing Remote Services do not backup or restore data as part of Remote Services, and FUSION 1 IT SOLUTIONS will have no liability for any loss or damage to information on the Customer’s computer or device in connection with Remote Services. The Customer is solely responsible for maintaining and backing up your information, data, text, software, or other stored materials (“Data”) before using the Remote Services.

Hosted Services

FUSION 1 IT SOLUTIONS shall provide to the Customer upon completion of signup the Access Credentials necessary to enable the Customer to access and use the Hosted Services. FUSION 1 IT SOLUTIONS hereby grants to the Customer a non-exclusive license to use the Hosted Services in accordance with the Acceptable Use Policy.

The Customer shall implement and maintain reasonable security measures relating to the Access Credentials to ensure that no unauthorized person or application may gain access to the Hosted Services by means of the Access Credentials.

FUSION 1 IT SOLUTIONS shall use all reasonable endeavors to maintain the availability of the Hosted Services to the Customer at the gateway between the public internet and the network of the hosting services provider for the Hosted Services, but does not guarantee 100% availability.

Except to the extent expressly permitted in this Agreement or required by law on a non-exclusive basis, the license granted by FUSION 1 IT SOLUTIONS to the Customer is subject to the following prohibitions:

     (a)        the Customer must not sub-license its right to access and use the Hosted Services;

     (b)        the Customer must not permit any unauthorized person or application to access or use the Hosted Services;

     (c)        the Customer must not use the Hosted Services to provide services to third parties;

     (d)       the Customer must not republish or redistribute any content or material from the Hosted Services;

     (e)        the Customer must not make any alteration to the Platform, except as permitted by the Documentation; and

     (f)        the Customer must not conduct or request that any other person conduct any load testing or penetration testing on the Platform or Hosted Services without the prior written consent of FUSION 1 IT SOLUTIONS .

For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of this Agreement:

     (a)        a Force Majeure Event;

     (b)        a fault or failure of the internet or any public telecommunications network;

     (c)        a fault or failure of the Customer’s computer systems or networks;

     (d)       any breach by the Customer of this Agreement; or

     (e)        scheduled maintenance carried out in accordance with this Agreement.

Customer Responsibilities

Although FUSION 1 IT SOLUTIONS does perform regular data backup procedures, it is ultimately the Customer’s responsibility for making backup copies of any and all data stored on any server or cloud storage location. The Customer agrees to comply with all licensing requirements necessary for software and applications installed on all cloud servers.

For Virtual Dedicated Servers, Virtual Private Servers, and Hosted Virtual Desktops: The Customer agrees that they are responsible for understanding the software usage requirements applicable to their business; the Customer further acknowledges that they are responsible for selecting and using that software and it’s services in a manner that complies with the licensing and end-user terms. Except for software licenses sold by FUSION 1 IT SOLUTIONS and included with certain services, the Customer is solely responsible for procuring all licenses which they intend to install on any server and meeting licensing compliance.

For Hosted VoIP, Cloud PBX, and Unified Communications: FUSION 1 IT SOLUTIONS is acting as a reseller or licensor of the aggregate CaaS/UCaaS partner providers. By using any of these incorporated services, the Customer accepts and agrees to all terms of service extending forth from these aggregate providers. The Customer further agrees that they are responsible for enhanced feature activation (like emergency calling, etc.) and that FUSION 1 IT SOLUTIONS exercises no control over the capabilities of the communication services offered. These additional terms and service details are provided to the Customer, dependent upon the type of service and the aggregate provider.

The Customer must comply with the Acceptable Use Policy, and must ensure that all persons using the Services with the authority of the Customer or by means of the Access Credentials comply with the Acceptable Use Policy.

The Customer must not use the Services in any way that causes, or may cause, damage to any Platform or impairment of the availability or accessibility of any Services.

The Customer must not use the Services in any way that uses excessive Platform resources and as a result is liable to cause a material degradation in the services provided by FUSION 1 IT SOLUTIONS to its other customers using the Platform; and the Customer acknowledges that FUSION 1 IT SOLUTIONS may use reasonable technical measures to limit the use of Platform resources by the Customer for the purpose of assuring services to its customers generally.

The Customer must not use the Services:

     (a)        in any way that is unlawful, illegal, fraudulent or harmful; or

     (b)        in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

FUSION 1 IT SOLUTIONS may suspend the provision of Services if any amount due to be paid by the Customer to FUSION 1 IT SOLUTIONS under this Agreement is overdue, and FUSION 1 IT SOLUTIONS has given to the Customer at least 30 days written notice, following the amount becoming overdue, of its intention to suspend the Services on this basis.

Third-party Vendor Software

FUSION 1 IT SOLUTIONS is a cloud solutions provider offering various hosted software products referenced throughout this website. These products are owned by third-party vendors and hosted by FUSION 1 IT SOLUTIONS under license through partner channels. As such, we cannot take any responsibility for issues relating to third-party vendor products. These include the following:

– 3CX® – 3CX is a registered trademark of 3CX Software DMCC.
– AlmaLinux® – AlmaLinux is a registered trademark of The AlmaLinux OS Foundation.
– Bitdefender® – Bitdefender is a registered trademark of S.C. BITDEFENDER S.R.L.
– CentOS® – CentOS is a registered trademark of The CentOS Project.
– Copilot® – Copilot is a registered trademark of Microsoft Corporation.
– Debian® – Debian is a registered trademark of Software in the Public Interest, Inc.
– Docker® – Docker is a registered trademark of Docker Inc.
– Microsoft® – Microsoft is a registered trademark of Microsoft Corporation.
– Microsoft 365® – Microsoft 365 is a registered trademark of Microsoft Corporation.
– Plesk® – Plesk is a registered trademark of WebPros International GmbH.
– Rocky Linux® – Rocky Linux is a registered trademark of Rocky Enterprise Software Foundation.
– Softaculous® – Softaculous is a registered trademark of Electron Technologies FZC.
– Teams® – Teams is a registered trademark of Microsoft Corporation.
– Ubuntu® – Ubuntu is a registered trademark of Canonical Ltd.
– VMware® – VMware is a registered trademark of VMware Inc.
– Veeam® – Veeam is a registered trademark of Veeam Software Group GmbH.
– Windows® – Windows is a registered trandemark of Microsoft Corporation.
– WordPress® – WordPress is a registered trademark of The WordPress Foundation.

Scheduled Maintenance

FUSION 1 IT SOLUTIONS shall (where practicable) give to the Customer at least 5 Business Days prior written notice of scheduled maintenance that will, or is likely to, affect the availability of the Hosted Services or have a material negative impact upon the Hosted Services.

FUSION 1 IT SOLUTIONS shall ensure that all scheduled maintenance is carried out outside Business Hours.

Additional Support Services

FUSION 1 IT SOLUTIONS shall provide the Support Services to the Customer during the Term.

FUSION 1 IT SOLUTIONS shall provide the Support Services with reasonable response times and industry standard processes.

FUSION 1 IT SOLUTIONS shall make available to the Customer a help desk and ticketing system.

The Customer may use the help desk for the purposes of requesting and, where applicable, receiving the Services; and the Customer must not use the help desk for any other purpose.

FUSION 1 IT SOLUTIONS shall respond promptly to all requests for Support Services made by the Customer through the help desk.

FUSION 1 IT SOLUTIONS shall have no obligation to provide Support Services:

     (a)        to the extent that the requested Support Services amount to general training in the use of the Services;

     (b)        in respect of any issue that could have been resolved by a competent person who had received general training in the use of the Services;

     (c)        in respect of any duplicate issues raised by or on behalf of the Customer;

     (d)       in respect of any issue caused by the improper use of the Services by or on behalf of the Customer; or

     (e)        in respect of any issue caused by any alteration to the Services, or to the configuration of the Services, made without the prior written consent of FUSION 1 IT SOLUTIONS.

FUSION 1 IT SOLUTIONS may suspend the provision of the Support Services if any amount due to be paid by the Customer to FUSION 1 IT SOLUTIONS under this Agreement is overdue, and FUSION 1 IT SOLUTIONS has given to the Customer at least 30 days written notice, following the amount becoming overdue, of its intention to suspend the Support Services on this basis.

Billing and Payments

Unless otherwise specified, all fees and related charges shall be due and payable the date they are invoiced (“due upon receipt”). Any invoice which is not paid within seven (7) days after the date of the invoice will incur a late fee. Any check or payment draft which is returned for insufficient funds will incur a service charge of $25.00. For services related to unpaid balances seven (7) days after payment due date, FUSION 1 IT SOLUTIONS, in its sole discretion, may immediately terminate this Agreement, and withhold or suspend Services. There may be an administrative charge to reinstate accounts that have been suspended or terminated. Any length of time shorter than one month of service is billed as a whole month of service for all packages.

Transferring Services

Our support team will assist in migrating any compatible cloud services or data from another provider. However, service transfers and data migrations are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete such actions.

Indemnification

The Customer agrees to indemnify, defend, and hold harmless FUSION 1 IT SOLUTIONS, its affiliates, and all officers, directors, owners, and agents (collectively, the “Indemnified Parties”) from any and all liabilities and costs, including reasonable legal fees or attorney costs, incurred by the Indemnified Parties in connection with any claim arising from breach of this Agreement by the Customer. The Customer shall cooperate fully as reasonably required in the defense of any such claim. FUSION 1 IT SOLUTIONS reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by the Customer.

Limitation of Liability

     (a)       TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUSION 1 IT SOLUTIONS, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

     (b)       THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER FUSION 1 IT SOLUTIONS OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

     (c)       IF YOU USE THE SERVICES FOR ANY RE-SALE PURPOSE OTHER THAN THOSE PROVIDED UNDER A SEPARATE BUSINESS AGREEMENT, FUSION 1 IT SOLUTIONS, ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY DAMAGES RELATED TO LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. FUSION 1 IT SOLUTIONS AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES

Enforcement of Terms