Business Essentials terms

1.1$49 a month per business, plus $35 a month per person. Each person includes up to 3 devices, counted per person; each device beyond 3 adds $10 a month. A person with a mailbox and no device is email-only, at $17.50 a month.

1.2Adding or removing a person or device changes your next monthly charge to match.

1.3Your monthly total is charged automatically on your billing date: the day your first payment is processed, and the same day each month after that (or the last day of a month without that day).

1.4Payment is automatic from a card or bank account on file. We invoice instead on request. Stripe, our payment processor, handles payments; we do not store your full payment details. By accepting these terms you authorize us to charge your payment method on file for everything billed under these terms, including charges not yet made when your membership ends.

1.5Third-party software and services: our cost plus 10%, added to your monthly charge. If the seller holds us to a commitment (such as a one-year license term), you pay through the end of it, even if you cancel, unless the seller lets us cancel or transfer it.

1.6Billing is not reduced while a device is offline.

1.7We change our prices, including hourly rates, no more than once in any 12 months, with 60 days' written notice. During a one-year term, a change takes effect no sooner than the day after the term ends. You may cancel before it takes effect, and it does not apply to you if you do. A seller's price change under section 1.5 is not a price change by us.

1.8Prices are before sales tax. Sales tax that applies is added to your bill.

1.9Hourly rates, listed at modern1tech.com: $80 an hour in our shop or remote (remote support is for members only); $100 an hour on-site in Jefferson City, travel included; $150 an hour after hours, as defined in section 3.4, for members only; and $40 flat for diagnosis, free if we do the repair. They change only under section 1.7.

2.1Your term is month to month or one year, as chosen on your signup. A one-year term runs from your start date and then continues month to month unless either of us gives 30 days' notice before it ends.

2.2The onboarding fee is one month's membership fee, shown on your signup. It is charged with your first payment on month to month and waived on a one-year term. If a one-year term ends early, the waived fee is charged on your final bill, whether you end it or we end it because you did not pay or did not fix a breach within 30 days of our written notice. It is not due if you leave because we did not fix our breach within 30 days of your written notice, or over a price change under section 1.7 if you give notice within 30 days after we announce it. It is the only early-exit charge; charges under sections 1.5 and 15.4 still apply.

3.1Management software and antivirus. We install our remote management software on your covered devices to keep them patched and watch their health, and we turn on and manage the antivirus built into Windows and macOS.

3.2Standard setup and a one-time checkup, after your first payment and for each device added later. We install our software, remove security software that conflicts with ours and remote-access tools we did not install, and turn on our required security settings. Removing a program does not cancel its subscription, and any password vault, VPN or backup that came with it stops working; tell us first if you use one, and save what you need. Tell us before setup about remote-access or security software your vendors, employer or insurer require; we leave it in place, and if it conflicts with ours, we tell you before changing anything. We are not responsible for charges from, or data kept in, software we remove under these terms. Software we do not support is pointed out, not removed. Anything beyond our standard setup, such as moving data, is quoted.

3.3Your people's accounts. We keep the security settings, such as multi-factor sign-in, in place on the work accounts we set up or take over, and watch them for problems. Changes you ask for, such as adding a person or resetting a password, are support under section 3.4.

3.4Support: the first 15 minutes of each support session are free, by phone, remote or at our counter. A session is a call, remote connection or counter visit for the same request. Calls, connections and visits about the same request on the same day count as one session. Time past 15 minutes is billed in quarter hours, rounded up, at our in-shop and remote rate for members, listed at modern1tech.com, and added to your next monthly charge. No minimum applies to billed support time. Each billed session is listed on your bill with its date and time billed; tell us within 60 days if one is wrong. We may waive time. On-site time is billed in quarter hours, rounded up, at our on-site rate, with no free time; travel outside Jefferson City is quoted first. After hours means any time outside our support hours: before 8 a.m. or after 4:30 p.m. Monday through Thursday, before 8 a.m. or after 3 p.m. on Friday, on weekends, or on the six holidays we observe (New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day), also posted at modern1tech.com; we change that list only with notice under section 1.7. After-hours service is available to members only. Time you ask us to work after hours, if we can take it, is billed in quarter hours, rounded up, at our after-hours rate in place of our other hourly rates, and the free 15 minutes still apply to support sessions. Only the time that falls after hours is billed at that rate. Routine maintenance and other work we choose to do after hours is never billed at that rate. Support also covers phones, tablets and other devices we do not manage.

3.5Routine maintenance, done remotely on our schedule: updates, patches, antivirus, monitoring, health checks, and keeping our standard setup in place, including removing remote-access tools we did not approve. We do not watch devices around the clock. Restarts are scheduled outside your working hours when possible; urgent security updates may need a sooner restart. Devices must be on and connected; missed maintenance runs after a device reconnects.

3.6When we remove a remote-access program we did not install, we tell you, and we put it back on request if it is yours and does not conflict with our software. Conflicting security software is not put back.

3.7One location is included. Additional locations are quoted.

3.8Support is scheduled as promptly as our workload allows. We do not guarantee response times.

4.1The membership lowers the risk of malware, scams and unauthorized access. It does not prevent them or include cleaning up after them. If something gets through, contact us; remote help is support under section 3.4.

4.2Anything more, such as reinstalling an operating system, is quoted first. A reinstall can erase files. We do not reinstall without your written OK (email or text counts). Restoring data is not included (see section 8).

5.1Work outside the plan, such as projects, repairs, hardware, data recovery and custom or unusual systems, is quoted before we start, and we start only with your OK. It is paid as stated on the quote. Hardware we sell carries only its maker's warranty.

5.2Billed time is owed whether or not the problem is fixed. Approved work and support time already used stay owed if you cancel or dispute a charge.

5.3Service credits apply only to work billed separately, never to the monthly membership charge or anything we buy for you. They have no cash value, cannot be transferred, and end with your membership. A credit expires on the date stated when we give it or in the rules of the program that earned it. We may offer referral and other promotional programs, with their rules posted at modern1tech.com. We may change or end a program at any time; credit you have already earned is still honored under the rules in place when you earned it, subject to the rest of this clause.

6.1A person is someone on your staff whose accounts or devices we manage. A covered device is a Windows or Mac desktop or laptop we manage, used for your business and listed on your signup. Phones and tablets are not covered devices and do not count toward the 3; we help with them as support. Servers, network equipment, printers and other shared systems are not covered devices and are supported only at a price on your signup or a quote. A computer no one person uses counts toward the person you name for it on your signup.

6.2A device that no longer receives security updates from its maker stays covered on a best-effort basis. We cannot keep it fully secure, and we will recommend replacing it.

7.1The person who accepts these terms confirms they can bind your business. You confirm your business owns the covered devices and accounts or may authorize this work on them, and you permit us to install our software, apply our standard setup, and review settings, software and security status as the work requires. For a device your business does not own, you get its owner's OK before we enroll it.

7.2Any of your people may ask us for support, billed under section 3.4. Only the authorized contacts on your signup may approve quotes, purchases, adding or removing people, or access for anyone else. Tell us in writing when that list changes; we are not responsible for acting on a request from someone still on it.

7.3Before we connect to a screen someone is using, we ask them. A device our software is removed from is no longer covered.

We do not back up your data unless you buy backup from us. The membership includes no backups of files, email, accounts, systems or anything else. Backup is a separate purchase with its own price and covers only the systems and data you confirm with us in writing. Without it, keeping copies of your data is your responsibility.

We are not your compliance officer, security officer, Qualified Individual, auditor or lawyer. If rules such as HIPAA, PCI DSS or the FTC Safeguards Rule apply to your business, meeting them is your responsibility; on request, we help put controls in place as work outside the plan. Our reports say what we observed on a date and are not a certification that you meet any law or standard. If your business handles protected health information, tell us first; we do not access it without a signed business associate agreement. Service-provider terms a regulator requires of you are a separate written agreement.

The service is provided as is, without any implied warranty, including merchantability or fitness for a particular purpose. We do not guarantee results or promise that a device or account will never fail, be infected or be broken into. Security tools lower your risk and do not remove it.

11.1We are not liable for the following, even if caused by our negligence (but not our gross negligence or willful misconduct): (a) problems caused by vendor updates, or by maintenance missed while a device was offline; (b) viruses, ransomware, scams, fraud or identity theft; (c) data loss; (d) third-party software or services; (e) problems outside our reasonable control, security steps you decline, or devices and accounts we could not manage.

11.2Our total responsibility to you under these terms is limited to the fees you paid us in the six months before the event the claim is about. Neither of us is liable to the other for indirect or consequential losses, such as lost profits. This limit does not apply to our own use or disclosure of your information in breach of section 13, to gross negligence or willful misconduct, or to liability the law does not allow to be limited. Section 11.1 still applies to harm caused by others, such as attackers.

We may suspend service if a payment is still unpaid 15 days after we tell you in writing that it is late, or for abuse, such as harassing our staff or repeated requests meant to avoid paying for work outside the plan. We tell you why in writing. Monthly charges continue during a suspension, and it never withholds your data, accounts or access under section 14.

13.1We keep your business information confidential, use it only to provide this service and bill you, and share it only with the providers we use for that (such as our payment processor and remote management software provider) and as the law requires. We never sell it. This survives the end of these terms.

13.2If we discover a security incident affecting your data on systems we manage or data we hold for you, we tell you immediately, and no later than 72 hours after we discover it.

Your data, accounts, passwords, email and cloud tenants, domains and website, the hardware and licenses you have paid for, and the documentation we keep about your systems (not our own tools, scripts or templates) are yours. We never hold any of them hostage, including during a billing dispute. On request, and when these terms end, we give you the administrator access and documentation we hold for your systems.

15.1Either of us can end these terms with 30 days' written notice. You can give notice in your billing portal, by phone at (573) 635-0201, or by email to support@modern1tech.com; we confirm by email within one business day, and your notice counts as written from the day we received it. If the 30 days end partway through a paid month, coverage runs to the end of that month, with no partial refund.

15.2We can end these terms sooner if keeping you would put us or other members at risk, and we refund the unused part of a paid month.

15.3We can also end these terms on written notice if a payment is still unpaid 30 days after we tell you in writing that it is late.

15.4Ending these terms does not cancel approved work, support time already used, the onboarding fee due under section 2.2, or commitments under section 1.5. Anything not yet charged is charged to your payment method on file.

15.5When these terms end, we remove our software and hand over access and documentation under section 14. Help moving to another provider beyond that is quoted.

Missouri law applies. If we disagree, we talk first. If that does not settle it, either of us may require mediation in Cole County, Missouri, before going to court, with the mediator's fee split equally; small claims cases and claims by either of us to collect or recover a payment do not need mediation. Any court case is brought in Cole County, Missouri. Neither of us may assign these terms without the other's OK, except to a successor to our business. If any part is unenforceable, the rest stays in effect. We may change these terms by emailing you at least 30 days before the change takes effect (price changes follow section 1.7); you may cancel before then and the change will not apply to you, and if you stay, it applies. During a one-year term, a change takes effect only when the term ends, unless you agree sooner. "Written notice" includes email to the address on your signup. Your signup and these Terms of Service are the whole agreement on the membership; if they conflict, your signup wins. Electronic signatures and acceptance count as signatures.

17.1Online. Before you submit, our online signup form shows your monthly total, term, onboarding fee, hourly rates and how to cancel. You accept by checking the box agreeing to automatic payment, to support time billed under section 3.4 and to these Terms of Service, then submitting the form. We review every signup, and we accept when we approve it and your first payment is processed. We record the date and time, your IP address and the Terms of Service version with your membership. A copy comes with your welcome email and is always at https://my.modern1tech.com/terms/business-essentials.

17.2On paper. You accept by signing the signup, and we accept when your first payment is processed. Your copy of the signed signup is yours to keep.