Terms and Conditions
Effective Date: January 1, 2021

These Terms and Conditions (“Terms”) govern your (“Customer,” “you,” or “your”) access to and use of the services provided by LTS Technology, LLC (“LTS,” “we,” “us,” or “our”), a California limited liability company located in Bakersfield, California. By signing an agreement, placing an order, or using our services, you agree to be bound by these Terms, our Privacy Policy (incorporated herein by reference), and any applicable service orders or quotes.

1. Services
We provide a range of technology and communication services, including but not limited to:
– Managed IT support and consulting
– Cybersecurity solutions
– Cloud computing and storage services
– Voice over IP (VoIP)/SIP telephony and related features
– SMS/text messaging facilitation (transactional notifications, alerts, and support communications)
– Other managed services as described in your service order or quote

Services are provided on an as-is, as-available basis, subject to these Terms and any service-specific addendums.

2. Term and Termination
– The term begins on the service activation date (or as specified in your order) and continues month-to-month unless otherwise stated in writing.
– Either party may terminate for convenience with 30 days’ written notice (or as specified in your order).
– We may suspend or terminate services immediately for non-payment, violation of these Terms, illegal activity, or if required by law/carrier.
– Upon termination, you remain responsible for all accrued charges up to the termination date. Early termination fees may apply if specified in your order.

3. Billing and Payment
– You agree to pay all fees as outlined in your service order, quote, or invoice.
– Payments are due net 15 days (or as specified) from invoice date. Late payments accrue interest at 1.5% per month or the maximum allowed by law.
– We may adjust pricing with 30 days’ notice for cost increases (e.g., carrier fees, regulatory changes).
– All fees exclude taxes, which you are responsible for.
– Disputes must be raised in writing within 30 days of invoice; otherwise, charges are final.

4. Acceptable Use Policy
You agree to use our services only for lawful purposes and in compliance with all applicable laws, including TCPA, CTIA guidelines, and FCC regulations. Prohibited uses include:
– Sending unsolicited messages (spam), marketing without express consent, or fraudulent content
– Illegal activities, harassment, hate speech, malware distribution, or evasion of filters
– Excessive or abusive usage that disrupts services (e.g., auto-dialing violations, snowshoeing)
– Any use violating carrier policies or our Messaging Policy (if applicable to SMS features)

For SMS/messaging: You must obtain express consent from recipients before sending messages, provide clear opt-out instructions (e.g., “Reply STOP to unsubscribe”), honor opt-outs immediately, and retain proof of consent. We may suspend messaging features for non-compliance.

5. Consent for Communications
By providing contact information (including mobile numbers), you or your end-users consent to receive transactional communications from us related to your services (e.g., alerts, account updates, support notifications, billing reminders). Consent is separate from these Terms and must be obtained expressly where required by law. You agree to comply with all consent, opt-out, and identification requirements for any messages you send using our services.

6. Equipment and Responsibilities
– Any equipment we provide remains our property; you grant us access for maintenance/repair.
– You are responsible for your own equipment, internet connectivity, and configurations.
– We are not liable for service interruptions due to your internet, power outages, or third-party issues.

7. Limitations of Liability
Services (including VoIP/SIP and SMS) may be affected by internet reliability, carrier networks, power failures, or emergencies. We do not guarantee 911/E911 functionality in all scenarios—test and maintain alternative emergency access.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
– Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim.
– We disclaim all warranties, express or implied, including fitness for a particular purpose or non-infringement.
– We are not liable for indirect, consequential, incidental, punitive, or special damages (e.g., lost profits, data loss), even if advised of the possibility.

8. Indemnification
You agree to indemnify, defend, and hold us harmless from claims arising from your use of services, violation of these Terms, or infringement of third-party rights.

9. Governing Law and Dispute Resolution
These Terms are governed by California law, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts of Kern County, California. You waive jury trial and class action rights.

10. Changes to Terms
We may update these Terms with notice (e.g., via email or website posting). Continued use after changes constitutes acceptance.

11. Miscellaneous
– These Terms, your service order, and our Privacy Policy constitute the entire agreement.
– If any provision is invalid, the remainder remains enforceable.
– We may assign these Terms; you may not without our consent.
– Force majeure events excuse non-performance.

12. Contact Us
For questions or notices:
LTS Technology, LLC
[email protected]]
16613982999
Bakersfield, California, USA

By using our services, you acknowledge that you have read, understood, and agree to these Terms.