Terms of Service

1. Acceptance and Contract Hierarchy

These Terms of Service (“Terms”) are an agreement between CyberTek Solutions (“CyberTek,” “we,” “us,” or “our”) and the person or organization that accesses our website, requests or accepts a quote, places an order, creates or uses an account, receives services, or otherwise uses a CyberTek product or service (“Customer,” “you,” or “your”).

By using the website or accepting or using a service, you agree to these Terms to the extent they apply to the relationship. If you act for a business, government body, nonprofit organization, or other entity, you represent that you are authorized to act for and bind that entity.

The documents governing a particular service may include, in order of priority when they conflict: (1) a signed agreement or government procurement document that expressly governs the service; (2) a signed or accepted statement of work, service order, quote, proposal, or order form; (3) service-specific terms or acceptable-use requirements presented with the service; and (4) these Terms. A data-processing agreement, business associate agreement, carrier term, software license, or other specialized document controls the subject matter it specifically addresses.

Nothing in these Terms waives a right that applicable law does not permit a party to waive. Mandatory consumer-protection rights, government contracting requirements, or other nonwaivable laws continue to apply.

2. Eligibility and Account Authority

You must be legally able to enter the applicable transaction or be using the service through an organization that has authorized your use. You are responsible for ensuring that account administrators, authorized contacts, employees, contractors, and other users act within the authority you grant them.

CyberTek may rely on instructions from an authorized contact, account administrator, officer, manager, department head, or other person who reasonably appears to have authority for the account until you notify us otherwise. Customers should promptly update authorized-contact information when personnel or responsibilities change.

3. Services, Quotes, Orders, and Changes

CyberTek provides technology products and services that may include managed IT, technical support, cybersecurity, endpoint protection, networking, wireless systems, VoIP telephone service, telephone hardware, fax services, email systems and security, web design, website management, hosting, domain and DNS services, software licensing, equipment sales, installation, consulting, monitoring, backup-related services, and other technology services.

Quotes and estimates

A quote, proposal, or estimate describes the expected scope and pricing based on information available at the time. Unless expressly stated to be a fixed-price commitment, an estimate is not a guarantee of final cost. Additional labor, hardware, licenses, travel, cabling, remediation, vendor charges, taxes, permit costs, shipping, after-hours work, or scope changes may result in additional charges when reasonably necessary and authorized under the applicable order or service relationship.

Quotes may expire on the date stated in the quote. Product availability, vendor pricing, taxes, shipping costs, carrier fees, exchange rates, and licensing costs can change before an order is placed. We may revise a quote before acceptance if an underlying price, specification, availability, or assumption changes.

Scope changes

Work outside the agreed scope may require a change order, revised quote, additional authorization, or time-and-materials billing. CyberTek is not required to perform material out-of-scope work without appropriate authorization.

Scheduling and project dependencies

Project dates and installation schedules may depend on Customer access, vendor availability, shipping, carrier actions, number porting, permits, third-party approvals, utility service, internet service, building conditions, credentials, data availability, or other dependencies. Unless expressly guaranteed in a signed agreement, target dates are estimates and not strict deadlines.

4. Fees, Billing, Taxes, and Payment

You agree to pay the prices, recurring fees, usage charges, hardware costs, taxes, shipping, labor, and other charges identified in the applicable quote, order, invoice, or agreement. Prices shown on the website are subject to change before an order is accepted unless a written quote states otherwise.

Recurring services

If an order identifies a service as monthly, annual, subscription-based, per-seat, per-device, per-user, per-number, per-mailbox, per-license, usage-based, or otherwise recurring, you authorize recurring billing according to that order until the service is properly canceled or terminated. Adding users, devices, licenses, telephone numbers, storage, features, or other service units may increase recurring charges.

Payment authorization

When you provide a payment method for recurring or future charges, you authorize CyberTek and its payment processor to charge amounts properly due under the applicable order. You are responsible for maintaining valid billing information and promptly notifying us of billing-contact changes.

Taxes and government charges

Prices may exclude sales, use, telecommunications, regulatory, excise, franchise, or similar taxes and government-imposed charges unless expressly stated otherwise. Customer is responsible for applicable taxes and charges except taxes based solely on CyberTek's net income. Valid exemption documentation must be provided when required.

Disputed charges

If you believe an invoice is incorrect, contact us promptly with the specific disputed amount and reason. The undisputed portion remains payable. A payment-card chargeback or payment reversal does not by itself cancel the underlying obligation if the charge was properly due.

Nonpayment

To the extent permitted by law and the applicable agreement, CyberTek may suspend nonessential services, licenses, support, hosting, telephone features, or other services for materially past-due amounts after reasonable notice. Suspension does not eliminate amounts already due or third-party commitments that CyberTek cannot cancel without cost.

5. Customer Responsibilities and Authorized Access

Customer is responsible for providing accurate information, timely decisions, appropriate site and system access, compatible infrastructure, required credentials, designated contacts, and cooperation reasonably necessary for CyberTek to perform the service.

You authorize CyberTek to access, configure, test, monitor, scan, repair, update, migrate, restart, or otherwise interact with systems within the agreed service scope. This authorization may include remote administrative access and the use of automated tools. CyberTek will use reasonable efforts to limit activity to the authorized purpose and scope.

Customer is responsible for obtaining authority from system owners, employees, users, landlords, government departments, vendors, or other parties when their property, accounts, systems, or data are involved. You must not direct CyberTek to access systems or data you are not authorized to control.

Customer is responsible for maintaining a safe work environment for onsite personnel, including reasonable access to equipment, electrical and building systems, ceilings, crawlspaces, ladders, telecommunications spaces, and other work areas. Hazardous, inaccessible, unsafe, or undisclosed site conditions may delay or prevent work.

6. Managed IT, Cybersecurity, Backups, and Remote Support

No technology can guarantee complete security

Cybersecurity products and managed security services reduce risk; they do not eliminate it. Antivirus, endpoint detection, managed detection and response, firewalls, spam filtering, multifactor authentication, backups, monitoring, security awareness, patching, and other controls cannot guarantee that malware, ransomware, phishing, data loss, unauthorized access, insider activity, zero-day vulnerabilities, hardware failure, or other incidents will never occur.

Unless CyberTek expressly assumes a responsibility in a signed agreement, Customer remains responsible for business-risk decisions, security policies, user behavior, data classification, insurance, legal compliance, and determining whether additional safeguards are needed.

Patching and software support

Updates and patches can occasionally cause compatibility problems, outages, performance changes, or loss of functionality. CyberTek may delay, stage, test, or decline a patch when reasonably necessary for stability or compatibility. Unsupported or end-of-life hardware and software may be excluded from security or service commitments unless otherwise agreed.

Remote monitoring and management

Managed devices may receive remote-management agents, security agents, monitoring software, scripts, configuration profiles, or similar tools. These tools may collect device inventory, health, software, patch, event, security, and network data and may permit remote administrative actions necessary to deliver the contracted service.

Backups and disaster recovery

Backup, retention, replication, disaster-recovery, and business-continuity services are separate service functions and are provided only when included in an order or agreement. The existence of managed IT support, hosting, cybersecurity, or monitoring does not by itself mean that every system or file is backed up.

Backup systems can fail because of configuration errors, storage failure, ransomware, corruption, deleted data, retention limits, vendor failures, credential problems, bandwidth, or other causes. Customer should identify critical data and recovery requirements. Unless a signed agreement states a guaranteed recovery point or recovery time, CyberTek does not guarantee a particular recovery point objective, recovery time objective, or that every item can be restored.

Service levels

Support hours, response targets, escalation procedures, uptime commitments, and service-level credits apply only when stated in a signed service agreement or order. General website statements, marketing language, or ordinary support communications do not create a guaranteed service level.

7. VoIP, Telephone Numbers, 911, Fax, and Call Recording

Internet and power dependency

VoIP service depends on electrical power, local networking, internet connectivity, customer equipment, CyberTek systems, upstream carriers, and other third-party infrastructure. Telephone service may be unavailable or degraded during power failures, internet outages, equipment failures, cyber incidents, maintenance, carrier outages, misconfiguration, or other disruptions. Customers needing continuous communications should maintain appropriate backup power, internet, cellular, analog, or other contingency methods.

911 and emergency calling

Emergency calling over VoIP is different from traditional wireline telephone service and can depend on the telephone number, device configuration, network, and registered service location. Customer must provide accurate service-location and emergency-address information and promptly notify CyberTek when a device or number is moved to a different physical location if the service requires location updates.

During an internet outage, power outage, service suspension, equipment failure, or other interruption, 911 calling may be unavailable. Emergency calls may also be affected if location information is inaccurate or if a device is used away from its registered location. Customer is responsible for informing users of these limitations and maintaining an alternate means to reach emergency services when appropriate.

Number assignments and porting

Telephone numbers are subject to carrier, regulatory, and numbering-system rules. Porting an existing number depends on the losing carrier, account information, authorization, number eligibility, validation, regulatory requirements, and other factors outside CyberTek's control. A requested port date is not guaranteed until confirmed through the applicable carrier process.

Customer must provide accurate account information, letters of authorization, bills, PINs, service addresses, and other documentation required for porting. Incorrect or incomplete information can delay or reject a port. Customer should not cancel existing service before CyberTek confirms that a port has completed unless specifically instructed to do so.

Call routing and configuration

Customer is responsible for reviewing and approving business hours, auto attendants, ring groups, queues, forwarding, voicemail, emergency routes, department routing, failover, caller ID, and other call-flow requirements. Changes requested by authorized contacts may affect how calls are delivered.

Fax and legacy devices

Fax machines, alarms, modems, postage meters, elevator phones, point-of-sale devices, medical devices, gate systems, and other analog or modem-based equipment may not operate reliably over VoIP or an analog telephone adapter. Compatibility depends on the device, codec, carrier, network quality, and configuration. CyberTek does not guarantee compatibility unless a specific device and use case are expressly included in a written commitment.

Call recording, transcription, and monitoring

If Customer enables call recording, transcription, monitoring, whisper, barge, voicemail transcription, or similar features, Customer is responsible for determining and complying with all laws governing notice, consent, retention, access, and use of recorded or monitored communications. CyberTek does not provide legal advice concerning recording-consent laws.

Abusive or unlawful calling

VoIP service may not be used for unlawful robocalling, caller-ID spoofing intended to defraud or cause harm, harassment, spam, threats, fraud, or other unlawful communications. CyberTek or an upstream carrier may block, suspend, or investigate traffic when reasonably necessary to protect networks or comply with law or carrier requirements.

8. Websites, Hosting, Domains, DNS, and Email

Website design and customer content

Customer is responsible for the accuracy, legality, rights, and approvals associated with text, photographs, logos, trademarks, videos, documents, claims, pricing, policies, accessibility statements, medical or professional statements, testimonials, and other content Customer supplies or approves for publication.

CyberTek may assist with design, copy editing, search optimization, accessibility techniques, security, and technical implementation, but unless expressly contracted for specialized professional advice, CyberTek does not act as Customer's attorney, accountant, regulatory consultant, medical advisor, or compliance officer. Customer remains responsible for legal and industry-specific requirements applicable to its website and business.

Hosting and availability

Hosting and website services can be interrupted by maintenance, software bugs, traffic spikes, hardware failure, upstream provider issues, internet routing, DNS problems, cyberattacks, third-party plugins, certificate problems, domain expiration, configuration errors, or events outside CyberTek's reasonable control. Unless a signed agreement provides a specific uptime commitment, hosting is provided without a guaranteed percentage of uninterrupted availability.

Domains and DNS

Domain registration and renewal are subject to registry, registrar, ICANN, and other third-party rules. Customer is responsible for maintaining accurate registrant information where required and for paying renewal charges. CyberTek may manage domains or DNS on Customer's behalf when authorized, but a domain can expire or become unavailable if required fees, verification, approvals, or account information are not provided.

Domain names are not guaranteed to remain available until registration is successfully completed. Transfers can be delayed by locks, authorization codes, registrant verification, registry rules, expiration status, disputes, or third-party actions.

Email and email security

Email delivery depends on sender reputation, recipient systems, DNS, authentication records, spam filters, blocklists, message content, attachments, third-party providers, and internet infrastructure. CyberTek cannot guarantee that every legitimate message will be delivered or that every malicious or unwanted message will be blocked.

Mailbox size, retention, archiving, journaling, filtering, backup, recovery, mobile synchronization, and other features depend on the service purchased and are not implied merely because CyberTek manages or hosts email.

Search ranking, leads, and business results

CyberTek does not guarantee search-engine rankings, traffic, leads, conversion rates, revenue, advertising performance, or other business outcomes unless a specific written guarantee expressly states otherwise. Search engines and advertising platforms control their own algorithms, policies, approvals, and rankings.

9. Hardware, Software, Licenses, and Third-Party Services

Hardware sales and installation

Hardware is subject to availability, manufacturer specifications, substitutions approved by Customer, shipping delays, and vendor terms. Title, return rights, risk of loss, warranty coverage, and restocking obligations may be governed by the applicable quote, distributor, manufacturer, or order.

Manufacturer warranties are provided by the manufacturer unless CyberTek expressly provides a separate written warranty. CyberTek may assist with warranty claims as part of a service relationship, but manufacturer approval, replacement timing, shipping, and warranty eligibility remain subject to the manufacturer's rules.

Software and licenses

Software, cloud services, security products, telephone platforms, plugins, operating systems, and other third-party products may be licensed rather than sold. Customer agrees to comply with applicable vendor license terms, usage restrictions, seat or device limits, acceptable-use policies, and renewal requirements.

License assignments generally apply to the number of users, devices, mailboxes, seats, phone numbers, or other units purchased. Customer must not intentionally exceed licensed quantities. CyberTek may adjust billing to match actual licensed usage where the applicable service is usage-based or permits true-up.

Third-party changes

A vendor may change pricing, product names, features, APIs, support status, licensing models, terms, security requirements, or availability. CyberTek is not responsible for a third party's independent decision to change or discontinue a product, but we may recommend alternatives or adjust the service as reasonably necessary.

Preview, beta, and experimental features

A feature identified as beta, preview, experimental, early access, or similar may change, fail, or be discontinued without the same support or reliability as a generally available service. Such features should not be used for critical operations unless the Customer accepts that risk.

10. Customer Data, Privacy, Confidentiality, and Regulated Information

Customer data

As between CyberTek and Customer, Customer retains its rights in data and content it provides or controls. Customer grants CyberTek a limited right to host, copy, transmit, access, process, modify, back up, or otherwise use Customer data only as reasonably necessary to provide, secure, support, improve, migrate, or administer the contracted service, comply with law, or exercise rights under the applicable agreement.

Our handling of personal information is also described in the CyberTek Solutions Privacy Policy. Additional data-processing terms may apply to managed-services relationships.

Confidential information

Each party may receive nonpublic business, technical, financial, security, pricing, credential, or operational information belonging to the other party. Each party agrees to use reasonable care to protect the other's confidential information and to use it only for the relationship, except where disclosure is authorized or required by law.

Confidential information does not include information that is lawfully public through no breach, was already known without confidentiality obligation, is independently developed without use of the confidential information, or is lawfully received from another source without confidentiality restriction.

Regulated or sensitive data

Customer must tell CyberTek before intentionally placing regulated information into a service when special contractual or technical requirements may apply. Examples include protected health information, payment-card data, criminal justice information, export-controlled information, student records, tax information, government-restricted information, or other specially regulated data.

A general IT, hosting, backup, email, or security service does not automatically make the service compliant with HIPAA, PCI DSS, CJIS, FERPA, export-control requirements, records-retention mandates, or another regulatory framework. Any required business associate agreement, data-processing agreement, security addendum, specialized environment, audit requirement, or control set must be separately confirmed when applicable.

Customer privacy obligations

Customer is responsible for having a lawful basis to collect and use information within its systems, providing required privacy notices, honoring applicable consumer or employee rights, and obtaining required consent for monitoring, recording, tracking, or other processing Customer directs CyberTek to enable.

11. Acceptable Use

You may not use CyberTek services, systems, accounts, hosting, networks, email, telephone services, or equipment to:

• Violate applicable law, regulation, court order, intellectual-property right, privacy right, or contractual obligation.
• Gain or attempt unauthorized access to systems, accounts, networks, credentials, or data.
• Distribute malware, ransomware, spyware, destructive code, phishing content, credential theft, or other malicious material.
• Send unlawful spam, scams, fraudulent communications, abusive robocalls, unlawful telemarketing, or deceptive caller identification.
• Harass, threaten, stalk, exploit, defame, or harm another person.
• Host, transmit, or distribute content that is unlawful or that Customer does not have the right to use.
• Interfere with service operation, bypass security or usage limits, conduct unauthorized scanning or attacks, or impose unreasonable load on shared infrastructure.
• Resell or sublicense a service when the applicable order or vendor terms prohibit resale.
• Use a service in a way likely to cause CyberTek, a carrier, registrar, software vendor, cloud provider, or other partner to violate law or suspend the underlying service.

CyberTek may investigate suspected abuse and take reasonable steps to protect customers, networks, vendors, and the public. Those steps may include rate limiting, blocking traffic, disabling compromised credentials, isolating devices, suspending affected service, preserving logs, or cooperating with lawful investigations.

12. Intellectual Property

CyberTek materials

CyberTek retains rights in its pre-existing and reusable tools, scripts, templates, configurations, methodologies, processes, automation, documentation frameworks, designs, know-how, software, branding, and other materials except where a written agreement expressly transfers a particular right.

Custom deliverables

Ownership and license rights for custom websites, code, documentation, graphics, configurations, or other project deliverables are determined by the applicable quote, statement of work, or agreement. Unless expressly transferred, third-party software, themes, plugins, fonts, stock media, vendor products, open-source components, and licensed materials remain subject to their own licenses and are not transferred as exclusive Customer property.

Customer materials

Customer represents that it has the rights needed for materials it provides to CyberTek and authorizes CyberTek to use those materials to perform the requested work. Customer retains ownership of its trademarks, logos, original content, and other Customer-owned materials.

Feedback

If you voluntarily provide suggestions or feedback about CyberTek services, we may use that feedback to improve our services without owing compensation, provided we do not publicly identify confidential Customer information without permission.

13. Suspension, Termination, and Transition

Cancellation and termination rights may be governed by a service-specific agreement, contract term, minimum commitment, renewal provision, or order. Where no separate term applies, either party may request termination of an ongoing service subject to reasonable time needed to stop recurring vendor services, transfer data or numbers, remove management tools, complete billing, and protect systems.

CyberTek may suspend or terminate a service when reasonably necessary because of nonpayment, security risk, unlawful or abusive use, material breach, threat to other customers or infrastructure, loss of an essential upstream service, sanctions or legal restrictions, or a vendor or carrier requirement. When practical and legally permitted, we will provide notice and an opportunity to address the issue before termination.

Effects of termination

Upon termination, Customer remains responsible for amounts accrued before termination and for noncancelable or already-incurred third-party commitments authorized for the account. Access to hosted data, licenses, phone numbers, websites, backups, or other managed resources may end after the applicable transition or retention period.

Customer should request exports, transfers, credentials, number ports, domain transfers, or other transition assistance before the service is deactivated. Transition work may be billable unless included in the applicable agreement. CyberTek may retain records or backups as described in our Privacy Policy, legal obligations, and normal retention processes.

Refunds

Refund eligibility is determined by the applicable order, service, vendor rules, work performed, and law. Custom labor already performed, activated licenses, domain registrations, carrier charges, special-order equipment, shipping, and other nonrecoverable third-party costs may be nonrefundable to the extent permitted by law and the applicable agreement.

14. Warranties, Disclaimers, and Limitation of Liability

Professional services standard

CyberTek will use commercially reasonable efforts to perform professional services in a competent and workmanlike manner consistent with the applicable scope. If a signed agreement provides a specific remedy or warranty, that agreement controls.

Disclaimer of implied warranties

To the maximum extent permitted by law, and except for an express written warranty, CyberTek services and the website are provided “as is” and “as available.” CyberTek disclaims implied warranties of merchantability, fitness for a particular purpose, noninfringement, uninterrupted availability, and any warranty arising from course of dealing or usage of trade, to the extent such warranties may lawfully be disclaimed.

CyberTek does not warrant that a service will be error-free, uninterrupted, completely secure, compatible with every system, immune from data loss or attack, or that every support issue can be resolved. Third-party products are subject to their own warranties and terms.

Limitation of damages

To the maximum extent permitted by law, neither CyberTek nor its owners, employees, contractors, suppliers, carriers, or service providers will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for loss of profits, revenue, business opportunity, goodwill, anticipated savings, use, data, or business interruption, arising from or related to the website or services, even if advised that such damages are possible.

Liability cap

To the maximum extent permitted by law, CyberTek's aggregate liability arising from a claim relating to a particular paid service will not exceed the fees paid or payable to CyberTek for the affected service during the twelve months immediately preceding the event giving rise to the claim. If a signed agreement provides a different limitation, that agreement controls.

These limitations do not apply to liability that applicable law does not permit to be excluded or limited. Some jurisdictions may provide rights that cannot be waived, and those rights remain in effect.

Third-party and force-majeure events

CyberTek is not responsible for delay or failure caused by events beyond its reasonable control, including utility failures, internet or carrier outages, labor disputes, severe weather, fire, flood, natural disaster, war, terrorism, civil disorder, government action, epidemic, supply shortage, shipping delay, widespread cyberattack, vendor outage, DNS or registry failure, cloud-provider failure, or other force-majeure event.

15. Indemnification and Legal Matters

To the extent permitted by law, Customer agrees to defend, indemnify, and hold harmless CyberTek and its personnel from third-party claims, damages, penalties, and reasonable costs arising from Customer's unlawful use of a service, Customer content that infringes another party's rights, Customer's lack of authority to provide access or data, Customer's violation of recording or monitoring laws, or Customer's material breach of these Terms. This obligation does not require Customer to indemnify CyberTek for CyberTek's own gross negligence, willful misconduct, or other liability that cannot lawfully be shifted.

Compliance with law

Each party is responsible for laws applicable to its own conduct. CyberTek may refuse an instruction that it reasonably believes would be unlawful, would violate a vendor or carrier requirement, would compromise system security, or would expose CyberTek or another party to unreasonable risk.

Export controls and sanctions

Customer may not use CyberTek services in violation of applicable U.S. export-control, sanctions, or trade-restriction laws. Certain software, encryption technology, technical data, or services may be subject to geographic or end-user restrictions.

16. General Terms

Governing law and venue

Except where a signed government contract, procurement rule, or nonwaivable law requires otherwise, these Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles. Any court proceeding relating to these Terms will be brought in a court with appropriate jurisdiction in the Tennessee county where CyberTek's principal place of business is located, unless the parties agree otherwise or applicable law requires another venue.

Electronic communications and signatures

You agree that quotes, approvals, orders, notices, invoices, service communications, and other records may be delivered electronically. Electronic acceptance, typed names, digital signatures, checkbox acceptance, and other legally recognized electronic methods may be used where permitted by law.

Notices

CyberTek may send operational or legal notices to the email address, billing contact, account administrator, mailing address, customer portal, or other contact method associated with the account. Customer is responsible for keeping account contact information current.

Assignment

Customer may not assign a material service agreement without CyberTek's consent when the assignment would materially change the service, credit risk, security risk, or legal obligations. CyberTek may assign agreements in connection with a merger, acquisition, reorganization, financing, or sale of substantially all relevant business assets, subject to applicable law and contractual restrictions.

Independent contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, franchise, fiduciary relationship, employment relationship, or agency except for limited authority expressly granted to perform a service.

No waiver

A party's failure to enforce a provision on one occasion does not waive the right to enforce that provision later.

Severability

If a provision is held unenforceable, it will be enforced to the maximum lawful extent or modified to the minimum extent necessary, and the remaining provisions will continue in effect.

Survival

Payment obligations, confidentiality obligations, intellectual-property provisions, disclaimers, limitations of liability, indemnification obligations, dispute provisions, and other provisions that by their nature should survive will continue after termination.

Changes to these Terms

CyberTek may update these Terms to reflect changes in law, services, vendors, technology, or business practices. The current effective date appears at the top. Material changes will apply prospectively as required by law and will not override a separately signed agreement unless that agreement permits the change.

Entire agreement

Together with the applicable signed agreements, accepted quotes, orders, service-specific terms, and incorporated documents, these Terms form the agreement governing the covered subject matter and supersede prior discussions or representations about that subject matter that are not included in the controlling documents.

17. Contact CyberTek Solutions

Questions about these Terms, billing, service cancellation, or contract documents may be directed to: