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Terms & Conditions

Last updated: 9/3/2023

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between DONT CALL ME IT, a limited liability company organized under the laws of the state of Maryland (“Dont Call Me IT”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Dont Call Me IT's website: https://www.dontcallmeit.com/ (the “Website”) and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter, the relationship between Client and Dont Call Me IT shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Dont Call Me IT for services rendered shall remain and continue to be an ongoing obligation owed by Client to Dont Call Me IT.

1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Dont Call Me IT, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by Dont Call Me IT and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Dont Call Me IT’s express prior written permission. Dont Call Me IT reserves all rights in the Website, Content, and Marks.

2. Ownership of Materials

Notwithstanding Dont Call Me IT’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Dont Call Me IT to become the owner of a Project, in whole or in part, rather than Client, Dont Call Me IT irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Dont Call Me IT as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Dont Call Me IT always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.

3. Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by Dont Call Me IT and require a commercial license to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Dont Call Me IT will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third-Party Fonts to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact to purchase said licenses. So long as Dont Call Me IT has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences resulting from Client's failure to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.

 

4. User Representations

By using the Website, Client represents and warrants that:

  • Client has the legal capacity and agrees to comply with these Terms of Use.

  • Client is not a minor in the jurisdiction of their domicile.

  • Client will not access the Website through automated or non-human means.

  • Client will not use the Website for any illegal or unauthorized purpose.

  • Client’s use of the Website will not violate any applicable law or regulation.

 

5. Prohibited Activities

Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Dont Call Me IT on behalf of the Client. Further, Client agrees to refrain from the following:

  • Making any unauthorized use of the Website.

  • Retrieving data or content for the purposes of creating or compiling a database or directory.

  • Circumventing, disabling, or otherwise interfering with security-related features on the Website.

  • Engaging in unauthorized framing or linking of the Website.

  • Tricking, defrauding, or misleading Dont Call Me IT or other users.

  • Interfering with, disrupting, or creating an undue burden on the Website or Dont Call Me IT’s networks or servers.

  • Using the Website in an effort to compete with Dont Call Me IT.

  • Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Website.

  • Bypassing any measures on the Website designed to prevent or restrict access to the Website or any portion thereof.

  • Harassing, annoying, intimidating, or threatening any of Dont Call Me IT’s employees, independent contractors, or agents providing services through the Website.

  • Deleting the copyright or other rights notice from any Content.

  • Copying or adapting the Website’s software.

  • Uploading or transmitting, or attempting to do so, viruses, Trojan horses, or other material, including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Website.

  • Uploading or transmitting, or attempting to do so, any material that acts as a passive or active information collection or transmission mechanism.

  • Disparaging, tarnishing, or otherwise harming Dont Call Me IT.

  • Using the Website in a manner inconsistent with any applicable laws, statutes, or regulations.

 

6. Client Feedback

Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a “Submission”) shall be the sole property of Dont Call Me IT, and Dont Call Me IT is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Dont Call Me IT shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Dont Call Me IT for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

 

7. Management and Oversight

Dont Call Me IT reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. Dont Call Me IT further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such a decision shall be in the sole discretion of Dont Call Me IT, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of Dont Call Me IT and shall be designed to protect Dont Call Me IT’s rights and property.

 

8. Privacy Policy

By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access to the Website from the EU, Asia, or other regions of the world may result in the applicability of laws, statutes, or regulations differing from those of the United States which govern personal data collection, use, or disclosure. Client’s continued use of the Website and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. Dont Call Me IT does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Dont Call Me IT without parental consent, Dont Call Me IT shall delete that information as soon as reasonably practical.

 

9. Returns and Refunds

Dont Call Me IT does not provide refunds. Dont Call Me IT reserves the right to cancel subscriptions at any time if Terms & Conditions are not upheld by client. 

10. Modification

Dont Call Me IT reserves the right to change, alter, modify, amend, or remove any part of the Website for any reason at its sole discretion. Dont Call Me IT reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.

11. Connection Interruptions

Dont Call Me IT does not guarantee or warrant that the Website will be available and accessible at all times. Issues with hardware, software, or other items may result in interruption delays or errors beyond Dont Call Me IT’s control. Client agrees that Dont Call Me IT shall not be liable to Client for any loss, damage, or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.

 

12. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Maryland without regard to conflict of law principles.

 

13. Litigation

Any legal action of whatever nature shall be brought in the state courts of Washington County, Maryland or in the United States District Court for the District of Maryland. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.

 

14. Disclaimer

The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. Dont Call Me IT disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Dont Call Me IT makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and Dont Call Me IT assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Dont Call Me IT’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. Dont Call Me IT does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.

 

15. Limitations of Liability and Indemnification

Dont Call Me IT and its directors, employees, members, independent contractors, or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from Client’s use of the Website. Client agrees to defend, indemnify, and hold harmless Dont Call Me IT and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Dont Call Me IT reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Dont Call Me IT hereunder. Client agrees to cooperate with the defense of such claims.

 

16. User Data

Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Dont Call Me IT shall have no liability to Client for any loss or corruption of any such data, and Client hereby waives any right of action against Dont Call Me IT from any such loss or corruption.

 

17. Electronic Communications, Transactions, and Signatures

Client hereby consents to receive electronic communications from Dont Call Me IT, and Client agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by Dont Call Me IT or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

 

18. Showcasing Design Work

Dont Call Me IT reserves the right to share design work on digital channels, including social media, website, etc., unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Dont Call Me IT, which in turn would void the right of Dont Call Me IT to share or discuss Client's work publicly.

 

19. Referrals

Referral tracking and payouts are handled through our third-party partner, Rewardful.com.

 

20. Miscellaneous

These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Dont Call Me IT. Failure of Dont Call Me IT to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between Client and Dont Call Me IT.

 

21. Contact Information

For any questions or complaints regarding the Website, please contact Dont Call Me IT at: aidontcallmeit@gmail.com.

22. Service Offerings

Dont Call Me IT offers the following services, subject to the terms and conditions specified herein:

  • SharePoint development

  • Power Platform development (examples: model-driven Power Apps, Dataverse, Power BI)

  • AI (Power Virtual Agents)

  • Power Automate workflow development

  • Basic Tier 1-2 remote IT support

  • Microsoft 365 architecture

 

23. Service Resolution Timeframes

Dont Call Me IT has the ability to take 2-3 business days to resolve simple tickets and up to four weeks to attempt to resolve more complex tickets. It is the sole responsibility of the Client to submit the ticket with all the required information in order for the timeframes to work efficiently. Clients must submit detailed tickets because meetings with the contractors are to be avoided in order to limit wasted time.

 

24. Subscription Agreement

Clients signing up for the subscription are automatically agreeing to the terms and conditions listed on the terms and conditions site.

 

25. Environment Access

Clients must provide proper environment access to dontcallmeit@kuinuatechllc.org in order for services to be provided.

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