TEKEASE® BUSINESS CARE PLAN
TERMS OF SERVICE
As Amended From Time to Time With Notice
Effective Date: January 12, 2026
These Business Care Plan Terms of Service (“Terms,” “Terms of Service,” or “Agreement”) govern the subscription-based business technology support services provided by TEKEASE ON-SITE®, an Illinois limited liability company, located at 3329 S. Congress Avenue, Suite A234, Palm Springs, Florida 33461 (“TEKEASE,” “we,” “us,” or “Company”) to the subscribing business entity or authorized individual (“Client,” “you,” or “your”).
These Terms are accepted electronically at signup and are incorporated by reference into any related proposal, service order, subscription, or master services agreement.
1. ACCEPTANCE AND AUTHORITY
Client accepts these Terms by:
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Clicking “I AGREE,” “SUBSCRIBE,” or similar electronic acceptance
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Authorizing payment
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Using or receiving any Services
The individual accepting these Terms represents that they are authorized to bind Client.
2. AMENDMENTS AND UPDATES
TEKEASE may amend these Terms at any time by posting updated Terms on its website or by other reasonable notice.
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Amendments become effective fifteen (15) days after posting
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Continued use constitutes acceptance
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Amendments apply prospectively only
Client is responsible for reviewing current Terms.
3. DESCRIPTION OF BUSINESS CARE PLAN SERVICES
Business Care Plan Services include managed, advisory, monitoring, maintenance, and technical support services only as expressly included in the subscribed Plan.
Services may be delivered:
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Remotely
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On-site (if purchased)
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Through automated systems
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Through authorized third-party service providers
No Service guarantees resolution, prevention of incidents, or uninterrupted operation.
4. SERVICE SCOPE AND EXCLUSIONS
Unless expressly stated in writing, Services:
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Are not insurance
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Are not a warranty
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Do not guarantee uptime, availability, or security
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Do not include software development or programming
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Do not include hardware replacement or repair
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Do not include forensic recovery or data restoration
TEKEASE retains sole discretion regarding service scope.
5. CLIENT OBLIGATIONS (BUSINESS RISK ALLOCATION)
5.1 Data Protection and Backups
Client is solely responsible for:
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Backing up all data
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Verifying backup integrity
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Retention and recovery testing
TEKEASE does not assume responsibility for Client data, even if backup tools or services are provided, unless expressly agreed in writing.
5.2 System Readiness
Client must ensure:
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Supported operating systems and applications
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Valid licenses
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Adequate hardware condition
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Required credentials and access
5.3 Access and Cooperation
Client must provide:
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Timely system access
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Remote access authorization
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On-site access when applicable
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Reasonable cooperation
5.4 Safe Working Environment
Client must provide a safe, hazard-free environment.
TEKEASE may refuse or suspend service if unsafe conditions exist.
5.5 Legal and Regulatory Compliance
Client is responsible for compliance with all applicable laws, including privacy, data protection, employment, and industry-specific regulations.
6. SUPPORTED PRODUCTS
Support is limited to products:
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Currently supported by the manufacturer
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Approved by TEKEASE
Support automatically ends when manufacturer support ends.
7. THIRD-PARTY SOFTWARE AND SERVICES
Services may involve third-party software, platforms, or vendors.
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Governed by third-party terms
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No warranties by TEKEASE
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No responsibility for third-party failures
Client bears responsibility for licensing and compliance.
8. BILLING, FEES, AND CREDIT CARD AUTHORIZATION
8.1 Authorization
Client authorizes TEKEASE to charge the payment method on file for all charges, including but not limited to:
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Monthly recurring subscription fees
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One-time services
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On-site labor
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Emergency or after-hours services
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Hardware, software, and licensing
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Trip charges
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Cancellation or no-show fees
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Late fees and interest
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Taxes
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Collection and legal costs
8.2 Recurring Billing
Subscriptions renew automatically unless properly terminated.
8.3 Variable Charges
Usage-based, scope-based, or event-based services are billed as incurred.
8.4 Payment Method Maintenance
Client must maintain a valid payment method and authorizes replacement card charging.
8.5 Nonpayment
TEKEASE may suspend or terminate Services immediately for nonpayment.
8.6 Fee Changes
Fees may be modified with thirty (30) days’ notice.
8.7 Late Fees
Past-due balances accrue interest at 1.5% per month or the maximum allowed by law.
8.8 Collections
Client agrees to pay all reasonable collection and attorneys’ fees.
8.9 No Setoff
Payments are due without offset or withholding.
9. NO GUARANTEE OF RESULTS OR RESPONSE TIMES
TEKEASE does not guarantee:
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Resolution
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Response or appointment times
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Outcomes
Time spent attempting resolution is billable.
10. DATA COLLECTION AND PRIVACY
Client consents to data collection, monitoring, logging, and communication review as described in TEKEASE’s Privacy Policy, incorporated by reference.
11. APPROPRIATE CONDUCT
TEKEASE may terminate sessions or Services for abusive, threatening, or inappropriate behavior.
No refunds apply.
12. DISCLAIMER OF WARRANTIES
ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TEKEASE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13. LIMITATION OF LIABILITY
TEKEASE’S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY CLIENT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
NO LIABILITY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES.
14. INDEMNIFICATION
Client agrees to indemnify, defend, and hold harmless TEKEASE from claims arising from:
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Client systems or data
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Client breach
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Client misuse
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Regulatory violations
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Third-party claims related to Client environment
Except where caused solely by TEKEASE’s gross negligence or willful misconduct.
15. TERM AND TERMINATION
Agreement continues while Services are active.
TEKEASE may terminate immediately for:
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Nonpayment
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Breach
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Security risk
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Legal or regulatory concerns
16. GOVERNING LAW AND VENUE
Florida law governs.
Exclusive venue in Palm Beach County, Florida, subject to arbitration below.
17. ARBITRATION
Binding arbitration under AAA rules.
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Individual claims only
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No class actions
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Jury trial waived
18. ASSIGNMENT
Client may not assign.
TEKEASE may assign freely.
19. SEVERABILITY
Invalid provisions do not affect remaining provisions.
20. SURVIVAL
Billing, data responsibility, limitation of liability, indemnification, dispute resolution, and confidentiality survive termination.
21. ENTIRE AGREEMENT
These Terms constitute the entire Business Care Plan agreement governing Client’s use of the Services.
