Terms of Service

Effective Date: November 15, 2025

These Terms of Service ("Terms") govern your access to and use of the services provided by Efficient Computer Systems LLC ("ECS," "we," "us," or "our"). By using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using our website (ecs-support.com) or engaging our IT services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you (the "Client" or "you") and Efficient Computer Systems LLC.

2. Services Description

ECS provides comprehensive IT services including, but not limited to:

  • Virtual Chief Information Officer (vCIO) services
  • Managed IT services and support
  • Cybersecurity and compliance solutions
  • Cloud services and infrastructure
  • Network design and implementation
  • Disaster recovery and business continuity planning
  • IT consulting and strategic planning
  • Hardware and software procurement
  • Phone systems and VoIP solutions
  • Security camera and surveillance systems

Specific service details, deliverables, and pricing will be outlined in individual Service Agreements or Statements of Work (SOW).

3. Client Responsibilities

As a client of ECS, you agree to:

  • Provide accurate and complete information necessary for service delivery
  • Maintain the confidentiality of account credentials and access information
  • Notify us promptly of any security breaches or unauthorized access
  • Comply with all applicable laws and regulations
  • Use our services only for lawful purposes
  • Not interfere with or disrupt our services or servers
  • Provide reasonable access to your systems and facilities as needed
  • Make timely payments according to agreed-upon terms
  • Maintain backups of critical data (unless specifically contracted otherwise)
  • Follow recommended security best practices and policies

4. Payment Terms

4.1 Fees and Billing

Service fees will be specified in your Service Agreement. Unless otherwise stated, all fees are in U.S. Dollars and are due within the timeframe specified in your invoice (typically net 15 or net 30 days).

4.2 Recurring Services

For managed services and other recurring services, you will be billed monthly in advance unless otherwise agreed. Failure to pay may result in service suspension or termination.

4.3 Late Payments

Late payments may incur a finance charge of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is less.

4.4 Taxes

Fees do not include applicable federal, state, or local taxes. You are responsible for all taxes associated with your use of our services.

4.5 Price Changes

We reserve the right to change our fees with 30 days' advance written notice. Continued use of services after the effective date constitutes acceptance of the new fees.

5. Service Level Agreements (SLA)

Our commitment to service quality is outlined in specific SLAs provided with managed service agreements. Key elements typically include:

  • Response time targets based on issue severity
  • System uptime guarantees (typically 99.9%)
  • Support availability (24/7/365 monitoring for managed clients)
  • Escalation procedures
  • Regular reporting and communication

SLA terms vary by service package and will be detailed in your Service Agreement.

6. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary and confidential information disclosed during the course of our business relationship. This includes:

  • Business strategies and plans
  • Technical information and trade secrets
  • Customer data and personal information
  • Pricing and financial information
  • System configurations and security measures

These obligations survive termination of the service relationship.

7. Data Protection and Security

7.1 Data Ownership

You retain all ownership rights to your data. We claim no ownership or control over your data.

7.2 Data Security

We implement industry-standard security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.

7.3 Data Backup

While we implement backup solutions for managed clients, you are ultimately responsible for maintaining your own data backups unless explicitly contracted otherwise.

7.4 Compliance

We assist clients in achieving compliance with relevant regulations (HIPAA, PCI-DSS, etc.) but ultimate responsibility for compliance rests with the client.

8. Limitation of Liability

Important Notice

Please read this section carefully as it limits our liability to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • ECS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM
  • WE ARE NOT LIABLE FOR DAMAGES CAUSED BY FACTORS BEYOND OUR REASONABLE CONTROL
  • WE ARE NOT LIABLE FOR LOSS OF DATA, PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES

Some jurisdictions do not allow limitation of liability for certain types of damages, so these limitations may not apply to you.

9. Warranties and Disclaimers

9.1 Service Warranty

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards.

9.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10. Termination

10.1 Termination by Client

You may terminate services with 30 days' written notice. Early termination fees may apply for contracts with minimum terms.

10.2 Termination by ECS

We may terminate services immediately if you breach these Terms, fail to pay invoices, or engage in unlawful or harmful activities.

10.3 Effect of Termination

Upon termination, you must pay all outstanding fees. We will provide reasonable assistance in transitioning services to another provider. Data will be returned or destroyed according to your instructions.

11. Intellectual Property

All content, features, and functionality of our website and services, including but not limited to text, graphics, logos, software, and documentation, are owned by ECS or our licensors and are protected by intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our services or included software without our explicit written permission.

12. Indemnification

You agree to indemnify, defend, and hold harmless ECS, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

13. Dispute Resolution

13.1 Informal Resolution

In the event of any dispute, both parties agree to attempt to resolve the matter informally through good-faith negotiations.

13.2 Governing Law

These Terms shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions.

13.3 Jurisdiction

Any legal action arising from these Terms shall be brought in the state or federal courts located in Fort Bend County, Texas.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify clients of material changes via email or website notice. Continued use of our services after changes take effect constitutes acceptance of the modified Terms.

15. General Provisions

Entire Agreement

These Terms, together with any Service Agreements and Privacy Policy, constitute the entire agreement between you and ECS.

Severability

If any provision is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

Force Majeure

Neither party shall be liable for failure to perform due to circumstances beyond reasonable control (natural disasters, war, strikes, etc.).

16. Contact Information

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

Efficient Computer Systems LLC

4418 Bluebonnet Dr, STE 304
Stafford, TX 77477

Phone: (832) 906-2354

Email: [email protected]