Terms of Service
Welcome to use the IT technical services provided by TRUST COMPUTER SERVICE LLC (hereinafter referred to as "we" or "the Company"). These Terms of Service (hereinafter referred to as "these Terms") constitute a legally binding agreement between you (hereinafter referred to as "the User", including individual users, corporate users, and other entities using the Services) and us regarding the provision and use of the Services. Please carefully read these Terms before using the Services. Your use of our Services indicates that you have fully understood and agreed to all the contents of these Terms. We strictly comply with U.S. federal laws such as the Uniform Commercial Code (UCC), the Computer Fraud and Abuse Act (CFAA), and applicable state laws to protect the legitimate rights and interests of both parties.
1.Scope and Definition of Services
(1) Service Content
The core services provided by the Company include but are not limited to:
IT Operation and Maintenance Services: Daily server monitoring, network equipment maintenance, system patch updates, data backup and recovery, etc.
Technical Support Services: Hardware failure repair (e.g., computers, printers, and other equipment), software troubleshooting (including operating systems, office software, industry-specific software), network fault diagnosis and repair.
IT Consulting and Deployment Services: Network architecture design, cloud service migration (e.g., AWS/Azure platform deployment), data center planning, customized information security solutions.
Value-Added Services: IT equipment rental, software license procurement on behalf of users, employee technical training, 24/7 emergency response services (requires separate subscription).
The specific service content shall be subject to the service order signed by both parties, the plan confirmation letter, or the service list posted on the official website.
(2) Service Methods
Services are provided through on-site visits, remote technical support (e.g., remote desktop, telephone guidance), official website self-service platforms, etc. Users can choose the corresponding service method according to their needs.
2.User Rights and Obligations
(1) User Rights
Have the right to require us to provide services in accordance with the standards agreed in these Terms and the service order, and may raise objections and request rectification if the service quality is inconsistent.
Have the right to inquire about the service progress, obtain service records (e.g., maintenance reports, operation and maintenance logs), and raise questions about the protection of personal information during the service process (see the Privacy Policy for details).
For paid services, have the right to apply for a refund before the service is actually provided (specific refund rules are shown in Article 5 of these Terms).
(2) User Obligations
Provide true and accurate information required for the services (e.g., device model, fault description, network environment parameters). If the service is delayed or fails due to false information, bear the corresponding responsibilities.
Cooperate with the service implementation work, provide necessary working conditions (e.g., equipment access permissions, on-site assistance), and assign a special person to coordinate service matters.
Properly keep account information (e.g., user name, password), be responsible for all operations under the account, and immediately notify us if the account is stolen.
Shall not use our services to engage in illegal activities, including but not limited to unauthorized access to third-party systems, dissemination of malware, data theft, etc., otherwise bear full legal responsibilities.
Shall not arbitrarily copy, distribute, modify, or use the intellectual property carriers such as technical documents and software tools obtained during the service process for non-service purposes.
3.Our Rights and Obligations
(1) Our Obligations
Provide professional services in accordance with industry standards and service agreements, assign technical personnel with corresponding qualifications to carry out work, and ensure that the service process complies with safety specifications.
Strictly keep confidential the user's trade secrets, sensitive data, and other information contacted during the service process, comply with the information protection obligations in the Privacy Policy, and shall not disclose or use them for other purposes without authorization.
For remote services and online platforms, ensure the normal operation of the system, conduct regular vulnerability scanning and security maintenance. If a service interruption occurs, promptly notify the user and restore it as soon as possible.
Establish a service quality assurance mechanism, respond to user feedback (e.g., service failures, inconsistent effects) within 24 hours, and provide solutions according to the type of problem:
General technical issues: Resolved within 48 hours.
Hardware maintenance and complex faults: The resolution cycle shall be determined according to the actual situation, with a maximum of 7 working days, and the user shall be notified in advance.
(2) Our Rights
Have the right to update the service content and these Terms according to technological development, legal changes, or business adjustments. After the update, users will be notified through official website announcements or emails.
Have the right to suspend or terminate the services for users' violations of these Terms or laws and regulations without assuming liability for breach of contract, and reserve the right to pursue legal responsibilities.
The intellectual property rights of technical improvement plans, optimization suggestions, etc., generated during the service process belong to the Company unless otherwise agreed in writing.
For users who fail to pay fees as agreed, have the right to suspend the services. If the payment is overdue for more than 30 days, the services may be terminated and the outstanding payments and liquidated damages shall be recovered.
4.Intellectual Property and Confidentiality
(1) Ownership of Intellectual Property Rights
All contents included in the services provided by us, such as software, technical documents, trademarks, and graphic designs, are the intellectual property rights of the Company or authorized parties, protected by U.S. laws such as the Copyright Act and the Trademark Act. Users only obtain the right to use and shall not claim any ownership or engage in infringing use.
The intellectual property rights of the equipment, data, proprietary software, and other materials provided by the user belong to the user. We only use them for the purpose of providing services. After the service is completed, the relevant carriers shall be returned or destroyed according to the user's requirements.
The ownership of customized development results generated due to service needs (e.g., exclusive IT architecture solutions, customized software modules) shall be specially agreed by both parties in the service order. If not agreed, it shall belong to the Company.
(2) Confidentiality Obligations
Both parties shall bear the confidentiality responsibility for the other party's trade secrets learned during the service process (e.g., the user's business data, technical parameters, financial information; the Company's service processes, pricing systems, core technologies), and the confidentiality period shall be 3 years after obtaining the information.
Without the written consent of the information owner, neither party shall disclose the confidential information to a third party unless required by law or authorized by the other party.
If one party violates the confidentiality obligation and causes losses to the other party, it shall bear full compensation responsibilities, including but not limited to direct losses, attorney fees, litigation fees, etc.
5.Payment Rules and Refund Policy
(1) Fee Standards
The service fee is determined according to the service type, scale, and cycle, and shall be subject to the price posted on the official website or the service order signed by both parties. The fee includes service implementation fee, technical personnel working hour fee, and basic material fee (e.g., ordinary connecting wires, screws), excluding:
Hardware equipment procurement fee (can be purchased on behalf of the user, settled according to the actual procurement amount).
Software license fee (e.g., operating systems, professional software, which requires the user to authorize or entrust procurement on behalf).
Additional service fees beyond the agreed scope (need to confirm with the user in advance and charge separately).
(2) Payment Methods and Terms
Payment methods: Support credit cards (Visa, Mastercard), bank transfers, third-party payments (e.g., Stripe), etc., subject to the agreement in the service order.
Payment terms:
One-time services: Payment shall be made within 7 days after the completion of the service.
Regular operation and maintenance services (monthly/annual payment): Payment shall be made 5 days in advance according to the agreed cycle.
Customized services: 50% of the fee shall be paid in advance, and the remaining 50% shall be paid after the service is accepted as qualified.
(3) Refund Policy
One-time services: If the service has not been actually carried out, the user can apply for a full refund; if the service has been partially completed, the remaining part shall be refunded after deducting the fee according to the proportion of the provided service.
Regular services: If the user terminates the service in advance, the paid fee will not be refunded, and the unpaid fee shall be settled up to the service termination date.
If the service cannot be provided or fails to meet the agreed standards due to our reasons, the user can apply for a full refund, and we will also pay liquidated damages of 10% of the paid fee.
After the refund application is approved, it will be returned through the original payment channel within 10 working days. The handling fee arising from the refund shall be borne by the responsible party.
6.Limitation of Liability and Disclaimer
(1) Limitation of Liability
We shall be liable for compensation for the user's direct losses caused by intentional or gross negligence during the service process, but the compensation amount shall not exceed the total amount of the current service fee paid by the user.
We shall not be liable for indirect losses, expected profit losses, lost business opportunities, and other non-direct losses.
If the service fails or losses occur due to the user's failure to fulfill the cooperation obligation (e.g., failure to provide necessary permissions, false information), we shall not be liable and have the right to require the user to pay the incurred service fee.
(2) Disclaimer
We shall not be liable for service interruption, delay, or loss under any of the following circumstances:
Force majeure (e.g., natural disasters, wars, government bans, network outages, and other unforeseeable and uncontrollable events).
The service cannot be carried out normally due to the user's own equipment failure, network environment problems, or third-party service interruption.
Suspension of services to cooperate with legal investigations, maintain system security, or conduct necessary technical upgrades, with prior notification to the user.
The user violates laws, regulations, or the agreement of these Terms, resulting in abnormal services or losses.
7.Suspension and Termination of Services
(1) Suspension of Services
We may suspend the services under any of the following circumstances:
The user fails to pay the service fee as agreed and still fails to pay after being urged.
The information provided by the user is false or has potential security risks, which needs to be verified or rectified.
A major technical failure or security incident occurs, which requires urgent handling.
Before suspending the services, we will notify the user via email, SMS, or telephone, explaining the reason for the suspension and the expected recovery time.
(2) Termination of Services
Normal termination: When the service period expires and the user does not renew, the service will be automatically terminated; both parties may terminate the service in advance through negotiation and settle the relevant fees.
Unilateral termination:
If the user seriously violates these Terms (e.g., engaging in illegal activities, disclosing confidential information), we may terminate the service immediately without assuming liability for breach of contract.
If we fail to provide services as agreed and still fail to rectify within 15 days after being urged by the user, the user may terminate the service and request a refund.
After the termination of the service, we will stop providing services but still need to comply with the confidentiality obligation and the information processing agreement in the Privacy Policy. The user shall settle all unpaid fees.
8.And Application of Terms
We have the right to update these Terms according to business development or legal changes. The updated terms will be posted on the official website and marked with the new "Last Updated Date". The user's continued use of the services shall be deemed consent to the updated Terms.
If the updated content involves major adjustments to the service scope, changes to the fee standards, or modifications to the limitation of liability and other core contents, we will separately notify the user through pop-ups, emails, etc., and the user has the right to choose whether to continue using the services.
The formation, effectiveness, interpretation, and dispute resolution of these Terms shall all be governed by the laws of the State of New York, USA (if the user is a California enterprise, it shall be governed by California law), excluding the application of conflict of law rules.
9.Dispute Resolution
Disputes arising between both parties due to these Terms or the services shall first be resolved through friendly negotiation. If the negotiation fails, either party may file a lawsuit with the federal district court having jurisdiction over the Company's location.
During the dispute resolution period, except for the disputed matters, other contents of these Terms shall remain valid.
10.Other Agreements
These Terms constitute the complete agreement between both parties regarding the services, replacing all previous oral or written agreements reached by both parties regarding the services.
If any clause in these Terms is deemed invalid or unenforceable, it shall not affect the validity of other clauses.
Our failure to exercise or delay in exercising the rights under these Terms shall not be deemed as a waiver of such rights.
If you have any questions about these Terms, you can contact us through the following methods:Email: [email protected]